The two doctors can’t be financially or legally affiliated. Also, the doctor must report each such abortion to the health department, along with the reasons and basis for concluding a medical emergency existed.

The health department has faced criticism because it has allowed Tiller and other doctors to repeat the law’s language about “substantial and irreversible” harm without specifying the diagnosis. The agency also has no rules spelling out what must be listed.

Greg Crawford, who directs its analysis of vital statistics, said the agency doesn’t judge the information it receives. Susan Kang, its policy director, said the agency doesn’t have the power to write rules for what must be reported because it doesn’t regulate abortion.

As for the Board of Healing Arts, its officials argue it doesn’t have the resources to automatically review each late-term abortion. It received nearly 2,600 complaints from July 1, 2005 to June 30, 2006, said Executive Director Larry Buening.

“We don’t go and look at every appendectomy to see that every appendectomy in fact complied with the standard of care,” he said.

Abortion opponents weren’t satisfied with such answers.

“Today’s hearings made it painfully obvious just how far our Department of Health and Environment and Board of Healing Arts have gone to avoid the intent and enforcement of Kansas’ late-term abortion law,” said Mary Kay Culp, executive director of Kansans for Life, the state’s largest anti-abortion group.

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Morrison’s case is State v. Tiller, No. 07CR2112 in Sedgwick County.

On the Net:

Kansas Legislature: http://www.kslegislature.org

Tiller’s clinic: http://www.drtiller.com

Kansans for Life: http://www.kfl.org