WHAT IF THE FETUS IS
DETERMINED TO BE VIABLE?
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The chance of the fetus living outside the uterus (viability) improves as
the gestational age increases. The doctor must tell you the probable gestational
age of the fetus at the time the abortion would be performed. -
No person shall perform or induce an abortion when the fetus is viable unless
such a person is a physician and has a documented referral.
The following steps must be taken:
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The physician who performs or induces an abortion when the fetus is viable
must have a referral from another physician not financially associated with
the physician performing or inducing the abortion. -
Both physicians determine that the abortion is necessary to preserve the
life of the pregnant woman or a continuation of the pregnancy will cause substantial
and irreversible impairment of a major bodily function of the pregnant woman.
(K.S.A. 65-6703)
The following steps must be taken:
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The physician who performs or induces a partial birth abortion on a viable
fetus must have a documented referral from another physician not legally or
financially affiliated with the physician performing or inducing the abortion.
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Both physicians determine that the abortion is necessary to preserve the
life of the pregnant woman or a continuation of the pregnancy will cause a
substantial and irreversible impairment of a major physical or mental function
of the pregnant woman (K.S.A. 65-6721).
Medical Emergencies
When a medical emergency requires the performance of an abortion,
the physician shall tell the woman, before the abortion if possible,
of the medical indications supporting the physician's judgment
that an abortion is necessary to prevent substantial and permanent
damage to any of the woman's major bodily functions.
In the case of a medical emergency, a physician also is not
required to comply with any condition listed above which, in the
physician's medical judgment, he or she is prevented from satisfying
because of the medical emergency.
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