Kansas doctors Monday asked Atty. Gen. Phill Kline to back away from his recent legal opinion requiring them to report pregnancies involving girls under age 16.

“Essentially, we asked that he consider not doing anything to enforce the opinion until after the Legislature has had a chance to meet and clarify the issues that have been raised,” said Jerry Slaughter, executive director for the Kansas Medical Society.

But Kline said he was standing firm.

“They are free to lobby the Legislature — the Legislature can change the law, and the governor can propose a change in the law,” Kline said. “But I can’t change the law; that’s not my job. All I can do, in this instance, is interpret the law, and that’s what I’ve done.”

Though Kline’s opinion, issued June 18, was aimed at the state’s abortion providers, it has created confusion and concern among family-practice physicians.

“They’re in a gray zone of uncertainty,” Slaughter said.

Doctors, he said, do not want to break the law. But if they’re forced to report children under 16 who’ve engaged in sexual relations, they fear teenage girls will be reluctant to seek prenatal care or treatment for sexually transmitted diseases.

“We’re concerned about the health-care consequences of the opinion,” Slaughter said. “For us, this isn’t about abortion — we don’t have anything to do with that. Our concern is health care.”

Others, too, consider the opinion misguided.

¢ A.G. targets underage sex (6-19-03)¢ 6News video: Kansas Attorney General will enforce abortion laws¢Read Kline’s opinion No. 2003-17

“I’m still trying to figure it out,” said Sky Westerlund, executive director of the Kansas Chapter of the National Association of Social Workers. “I’ve got members whose jobs involve working with kids who are pregnant or sexually active. Making them report these kids would destroy the level of trust that has to be there.”

Resistance confusion

Kline said he was confused by the resistance generated by his opinion.

The law, he said, is designed to protect children from sexual abuse and injury.

If a 14- or 15-year-old girl contracts gonorrhea, Kline said, she’s been injured and that injury, according to the law, is to be reported.

Or, if a girl under age 16 is pregnant or seeks an abortion, he said, “that’s evidence that a crime — rape — has been committed.” That, too, is to be reported.

In Kansas, the age of consent is 16. Legally, sexual intercourse with a 14- or 15-year-old, for example, is considered rape.

“All I’m telling you is what’s in the law,” Kline said.

Prosecution doubtful

Still, the attorney general said he had no plans to “prosecute consensual acts between children” and doubted that many county attorneys would prosecute would-be reporters of child abuse — doctors, nurses, teachers, social workers, counselors — for not adhering to his opinion.

“That’s not what this is about,” he said. “This is about going after predators. I know we’ve got 14-year-old girls telling their doctors that they’re having consensual sex, but I also know they’ll tell the doctor whatever the boyfriend tells them to say — even though he may be 27 and sitting in the car in the parking lot.”

Douglas County Dist. Atty. Christine Kenney said she’d be slow in reacting to Kline’s opinion.

“If something comes to our attention we’ll investigate it,” she said, “But that investigation, at this point, is likely to raise questions that don’t have answers. The Legislature, I think, needs to clarify the existing law.”

Gov. Kathleen Sebelius isn’t in a hurry, either.

“We’re looking at it very closely,” said Matt All, Sebelius’ chief legal counsel. “But the attorney general’s opinion is just that — it’s an opinion, it’s not binding.”

Sen. John Vratil, R-Leawood, said he doubted Kline’s opinion would generate much debate in next year’s legislative session.

“The Legislature tends not to be inclined to take action on an issue that’s not developed,” said Vratil, chairman of the Senate Judiciary Committee. “And for this to develop into an issue, there would have to be a county attorney or a district attorney prosecute someone for failing to report. I don’t think that’s likely to occur.”