Kansas Statutes Annotated

K.S.A. § 65-4a01 (2026)

Definitions

✓ current as of May 2026
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65-4a01. Definitions. As used in K.S.A. 65-4a01 through 65-4a12, and amendments thereto:

(a) "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto.

(b) "Ambulatory surgical center" means an ambulatory surgical center as defined in K.S.A. 65-425, and amendments thereto.

(c) "Bodily function" means physical functions only. The term "bodily function" does not include mental or emotional functions.

(d) "Clinic" means any facility, other than a hospital or ambulatory surgical center, in which any second or third trimester or five or more first trimester abortions are performed in a month.

(e) "Department" means the department of health and environment.

(f) "Elective abortion" means an abortion for any reason other than to prevent the death of the mother upon whom the abortion is performed, except that an abortion may not be deemed one to prevent the death of the mother based on a claim or diagnosis that such mother will engage in conduct that would result in such mother's death.

(g) "Facility" means any clinic, hospital or ambulatory surgical center in which any second or third trimester elective abortion or five or more first trimester elective abortions are performed in a month, excluding any abortion performed due to a medical emergency.

(h) "Gestational age" means the same as defined in K.S.A. 65-6701, and amendments thereto, and shall be determined pursuant to K.S.A. 65-6703, and amendments thereto.

(i) "Hospital" means a hospital as defined in K.S.A. 65-425(a) or (b), and amendments thereto.

(j) "Medical emergency" means the same as defined in K.S.A. 65-6701, and amendments thereto.

(k) "Physician" means the same as defined in K.S.A. 65-6701, and amendments thereto.

(l) "Secretary" means the secretary of the department of health and environment.

History: L. 2011, ch. 82, § 1; L. 2014, ch. 87, § 1; L. 2023, ch. 88, § 3; July 1.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2024 · leading case: Hodes & Nauser, MDs v. Stanek, 551 P.3d 62 (Kan. 2024).
Hodes & Nauser, MDs v. Stanek, 551 P.3d 62 (Kan. 2024). · cites it 10× “See K.S.A. 65-4a01 et seq. S.B. 36 defines facility as "any clinic, hospital or ambulatory surgical center, in which any second or third trimester elective abortion, or five or more first trimester elective abortions are performed in a month, excluding any abortion performed due…”
Hodes & Nauser v. Norman (Kan. Ct. App. 2021). · cites it 4× “In 2011, the Kansas Legislature enacted K.S.A. 65-4a01 through K.S.A. 65-4a12 (the Act), to govern abortion facility licensure.”
— K.S.A. § 65-4a01(g) — 1 case
Hodes & Nauser, MDs v. Stanek, 551 P.3d 62 (Kan. 2024). “See K.S.A. 65-4a01 et seq. S.B. 36 defines facility as "any clinic, hospital or ambulatory surgical center, in which any second or third trimester elective abortion, or five or more first trimester elective abortions are performed in a month, excluding any abortion performed due…”
— K.S.A. § 65-4a01(l) — 1 case
Hodes & Nauser v. Norman (Kan. Ct. App. 2021). “In 2011, the Kansas Legislature enacted K.S.A. 65-4a01 through K.S.A. 65-4a12 (the Act), to govern abortion facility licensure.”
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