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AG Derek Schmidt: Medical treatment for ectopic pregnancy, fetal demise not 'abortion' so not affected by 'Value Them Both' Amendment

Release Date: Jul 22, 2022

TOPEKA -- (July 22, 2022) - Medical treatment for ectopic pregnancies or fetal demise is not 'abortion' under Kansas law and therefore would not be affected by passage of the proposed Value Them Both constitutional amendment, Attorney General Derek Schmidt said today in a formal legal opinion.

Schmidt's legal opinion was requested July 11 by State Rep. John Eplee, R-Atchison, who is a physician. After analyzing Kansas law, Schmidt concluded passage of the Amendment would not "affect a physician's ability to render care for ectopic pregnancies, miscarriages, or fetal demise."

A copy of Attorney General Opinion 2022-007 is available at A copy of Rep. Eplee's letter of request is available at

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News releases issued prior to 2011 are available through an archive hosted by the Kansas State Library.