IMMEDIATE RELEASE  
August 31, 2007 


FOR INFORMATION, CONTACT:

Chairman Arlen Siegfreid

913/4064093

COMMITTEE BEGINS HEARINGS ON ENFORCEMENT

OF STATE ABORTION LAWS

Topeka – The Special Committee on Federal and State Affairs began holding hearings today on the enforcement of the state’s abortion laws.

“Today we received a detailed explanation of the laws that allow abortions in our state,” Chairman Arlen Siegfreid (R-Olathe) said.  “It is clear to me and other committee members those state agencies who oversee this procedure are not providing proper oversight of the law as the Kansas Legislature intended.  The law allows late-term abortions if three criteria are met. Our attorney general has filed charges against a doctor for not meeting one of those criteria – making those late-term abortions he performed illegal.  Based on this strong evidence, the responsible state agencies should investigate these abortions and this doctor.”

The three criteria required by Kansas law for late-term abortion procedures are:

-          The abortion must be performed by a licensed Kansas physician.

-          A second licensed Kansas physician who is not legally or financially affiliated with the first physician must agree with physician’s determination that the late-term abortion is necessary.

-          The physician must determine the late-term abortion is necessary to either preserve the life of the pregnant woman or a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the pregnant woman.

The committee also heard from representatives from the Kansas Department of Health and Environment and the Kansas Board of Healing Arts on what they perceive is the responsibility their agencies have with regard to the state abortion laws and how they carry out that responsibility.

“In the last nine years, regulating agencies have taken a very hands-off, minimal stance towards regulating abortion.  As a result, the opinion of a physician is considered more important then the determination of law,” Siegfreid said.  “With the recent U.S. Supreme Court ruling in Gonzales v. Carhart that clearly states the State of Kansas has a compelling interest in the health of the mother and the health and care of the unborn child, it is apparent to me that our system is clearly out of balance.  Since KDHE has stated they would not commit to changing their reporting system – even possibly in light of an attorney general’s opinion, and the Board of Healing Arts will not review whether late-term abortions are done in compliance with the law unless a complaint is filed, legislative action may be required.”

Siegfreid also said today’s testimony raised concerns about the few abortion investigations done by the Board of Healing Arts.

“The representatives from the Board of Healing Arts stated that late-term abortions had been performed because of threat of suicide by the pregnant woman.  The threat of suicide is not a substantial and irreversible impairment state of mind.  Many people threaten to kill themselves but through proper treatment and care, they are fully restored and live full and productive lives.  I believe if a pregnant woman is suicidal; the doctor should refer that woman to receive proper mental health care, not be given an abortion,” said Siegfreid.

The hearing will continue Sept. 6^th and 7^th at 9:00 a.m. in Room 313-S in the Statehouse.

Other members of the special committee are Senators Pete Brungardt (R-Salina), Anthony Hensley (D-Topeka) and Roger Reitz (R-Manhattan) and Representatives Annie Kuether (D-Topeka), Owen Donohoe (R-Shawnee), Oletha Faust-Goudeau (D-Wichita), Mike O’Neal (R-Hutchinson) and Jene Vickrey (R-Louisburg).