Kansas AG Opinions — 2000

120 S.W. 10th Avenue, 2ND FLOOR, TOPEKA, KANSAS 66612-1597 CARLA J. STOVALL August22,2000 MAIN PHONE: (785) 296-2215 An-ORNEY GENERAL FAx: 296-62% ATTORNEY GENERAL OPINION NO. 2000-~ Kerwin L. Spencer Unified School District No. 353 600 N. Washington Wellington, Kansas 67152 Re: …

The United States Supreme Court has found that a state statute prohibiting post-viability abortion does not have to specifically contain the words "mental health" in its maternal health exception to be considered constitutional; statutes not containing these words have been construed to nonetheless include mental health within the scope of "health" generally. In our opinion, the term "bodily function," as used in K.S.A. 1999 Supp. 65-6703, would be interpreted by the courts to include an exception for risks to maternal mental health, as well as physical health, as long as such risk is substant