TOPEKA (KSNT)- Kansas lawmakers took final action Wednesday morning on a bill that provides infants born after a failed abortion with emergency care.

The bill was passed in the House at a vote of 88-34, sending it to the Senate. House Bill 2313 received first round approval 85-32 in the House on Tuesday. The bill establishes legal protections for infants that are ‘born alive’ after an attempted abortion, requiring doctors to provide the same level of care as any newborn.

“This is not an abortion bill…this bill only covers the messy aftermath of abortion,” said Rep. Ron Bryce, R-Coffeyville, who carried the bill. “That’s where the state has the duty and the right to take care of the innocent.”

According to Bryce, if the bill is enacted, it would clarify that caring for the infant is the “only legal choice.”

The bill sparked the first abortion debate in the Kansas Legislature, since voters decided to uphold abortion rights in a historic Primary vote last year.

During the emotional debate, some Republicans argued that the issue goes beyond abortion.

“How can we kill or watch a baby die? How can we justify doing that?,” said Rep. Mike Thompson, R-Bonnor Springs.

The bill would also create criminal penalties and legal consequences for doctors that fail to provide immediate care.

Some Democrats, however, argued that it’s not the Legislature’s place to decide what happens between a physician and their patient.

“We are telling these professionals that we don’t trust them to make these important decisions,” said Rep. Christina Haswood, D-Lawrence.

After the majority of Kansas voters voted to uphold abortion rights last August, some party members believe that the Legislature should stay out of the patient’s room.

“Kansas spoke loud and clear on how Kansans would like to keep their healthcare decisions with a patient and their provider,” said Rep. Melissa Oropeza, D-Kansas City.