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65-2401. Definitions. As used in this act:

(a) "Vital statistics" includes the registration, preparation, transcription, collection, compilation, and preservation of data pertaining to birth, adoption, legitimation, death, stillbirth, marriage, divorce, annulment of marriage, induced termination of pregnancy, and data incidental thereto.

(b) "Live birth" means the complete expulsion or extraction from its mother of a human child, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

(c) "Gestational age" means the age of the human child as measured in weeks as determined by either the last date of the mother's menstrual period, a sonogram conducted prior to the 20th week of pregnancy or the confirmed known date of conception.

(d) "Stillbirth" means any complete expulsion or extraction from its mother of a human child the gestational age of which is not less than 20 completed weeks, resulting in other than a live birth, as defined in this section, and which is not an induced termination of pregnancy.

(e) "Induced termination of pregnancy" means abortion, as defined in K.S.A. 65-6701, and amendments thereto.

(f) "Dead body" means a lifeless human body or such parts of a human body or the bones thereof from the state of which it reasonably may be concluded that death recently occurred.

(g) "Person in charge of interment" means any person who places or causes to be placed a stillborn child or dead body or the ashes, after cremation, in a grave, vault, urn or other receptacle, or otherwise disposes thereof.

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

(i) "Cause of death certifier" means a person licensed to practice medicine and surgery by the state board of healing arts, a physician assistant licensed by the state board of healing arts, an advanced practice registered nurse licensed by the state board of nursing or a district coroner, deputy coroner or special deputy coroner.

(j) "Employee" means a person who has applied for employment or is currently employed in the office of vital statistics.

History: L. 1951, ch. 355, § 1; L. 1963, ch. 319, § 1; L. 1974, ch. 352, § 119; L. 1995, ch. 260, § 4; L. 2014, ch. 128, § 3; L. 2024, ch. 42, § 1; L. 2024, ch. 100, § 10; July 1.

Revisor's Note:

Section was also amended by L. 2024, ch. 15, § 51, but that version was repealed by L. 2024, ch. 100, § 16.

Law Review and Bar Journal References:

"The Beginning of Life," M. Martin Halley and William F. Harvey, 69 J.K.M.S. 384, 385, 386 (1968).

"Medical Record Guide," J.K.M.S., Vol. LXXI, No. XI, 451, 453, Nov. 1970.

"Medical Record Guide," 71 J.K.M.S. 450, 453 (1970).

Attorney General's Opinions:

Uniform vital statistics act; disclosure of records. 84-101.

Vital statistics; disclosure of records; disposition of unclaimed property act. 88-164.

Registration of deaths and stillbirths; filing of certificates. 91-129.


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