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HOUSE BILL No. 2635
AN A CT concerning healthcare; enacting the pregnancy center autonomy and rights of
expression act; providing statutory protection for private, nonprofit pregnancy centers
and medical pregnancy centers to provide life-affirming care, support and material
resources; creating a private cause of action for violations of the act; creating a right
of intervention in legal proceedings challenging the act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. The provisions of sections 1 through 7, and
amendments thereto, shall be known and may be cited as the pregnancy
center autonomy and rights of expression act.
Sec. 2. The legislature hereby finds and declares that:
(a) The life-affirming impact of pregnancy centers and medical
pregnancy centers on the women, men, children and the communities
such centers serve is considerable and growing;
(b) pregnancy centers serve women with integrity and compassion
in this state and across the United States;
(c) pregnancy centers provide comprehensive care to women and
men facing unexpected pregnancies, including resources to meet the
physical, psychological, emotional and spiritual needs of such
individuals;
(d) pregnancy centers offer women free, confidential and
compassionate services, including pregnancy tests, peer counseling, 24-
hour telephone hotlines, childbirth and parenting classes, referrals to
community healthcare, adoption referrals and other support services;
(e) many medical pregnancy centers offer ultrasounds and other
medical services;
(f) pregnancy centers encourage women to make positive life
choices by equipping such women with complete and accurate
information regarding pregnancy options and the development of
unborn children; and
(g) pregnancy centers provide important support and resources for
women who choose childbirth over abortion.
Sec. 3. As used in sections 1 through 7, and amendments thereto:
(a) "Abortion" means the same as defined in K.S.A. 65-6701, and
amendments thereto.
(b) (1) "Abortion-inducing drug" means any medicine, drug or any
other substance prescribed or dispensed with the intent of inducing an
abortion. "Abortion-inducing drug" includes the off-label use of drugs
known to have abortion-inducing properties that are prescribed
specifically with the intent of causing an abortion.
(2) "Abortion-inducing drug" does not include any drug that may
be known to cause an abortion but is prescribed for other medical
indications.
(c) "Medical pregnancy center" means a private, nonprofit
organization that does not perform abortions, provide abortion-inducing
drugs or make referrals for abortions or abortion-inducing drugs and
that:
(1) Promotes childbirth and alternatives to abortion;
(2) provides medical testing, medical counseling and medical care
and treatment related to pregnancy; and
(3) may provide resources, counseling, classes, referrals or
information related to pregnancy, childbearing, adoption and parenting
to women, children and families.
(d) "Pregnancy center" means a private nonprofit organization that
does not perform abortions, provide abortion-inducing drugs or make
referrals for abortions or abortion-inducing drugs and that promotes
childbirth and alternatives to abortion and provides women, children
and families with resources, counseling, classes, referrals or
information related to pregnancy, childbearing, adoption and parenting.
Sec. 4. No state agency, department, division, bureau, institution
or subdivision thereof, or any county, city or other political subdivision
of this state shall enact or adopt any law, ordinance, resolution, rule and
regulation, policy, procedure or any other similar measure that:
(a) Requires a pregnancy center or medical pregnancy center to
offer or perform abortions;
HOUSE BILL No. 2635—page 2
(b) requires a pregnancy center or medical pregnancy center to
offer, provide or distribute abortion-inducing drugs;
(c) requires a pregnancy center or medical pregnancy center to
make a referral for an abortion or an abortion-inducing drug;
(d) requires a pregnancy center or medical pregnancy center to
counsel in favor of abortion or abortion-inducing drugs;
(e) requires a pregnancy center or medical pregnancy center to
post any advertisement, sign, flyer or similar material that promotes
abortion or abortion-inducing drugs or provides any information about
obtaining an abortion or abortion-inducing drugs;
(f) prohibits a pregnancy center or medical pregnancy center from
providing information, care, counseling, classes or other services
related to pregnancy, childbirth or parenting because the pregnancy
center or medical pregnancy center does not perform, refer or counsel
in favor of abortion or abortion-inducing drugs;
(g) prohibits a pregnancy center or medical pregnancy center from
providing prenatal and postnatal resources, including diapers, baby
clothes, baby furniture, formula and similar items because the
pregnancy center or medical pregnancy center does not perform, refer
or counsel in favor of abortion or abortion-inducing drugs;
(h) prohibits a medical pregnancy center from providing medical
testing, medical counseling and medical care or treatment related to
pregnancy or childbirth because the medical pregnancy center does not
perform, refer or counsel in favor of abortion or abortion-inducing
drugs;
(i) prohibits a medical pregnancy center from counseling a woman
on any pregnancy-related care or treatment; and
(j) interferes with staffing or hiring decisions of a pregnancy
center or medical pregnancy center by requiring such center to
interview, hire or continue to employ any person who does not affirm
the center's mission statement or agree to comply with the center's pro-
life ethic and operating procedures.
Sec. 5. A pregnancy center, medical pregnancy center or any party
aggrieved by any violation of section 4, and amendments thereto, may
commence a civil action for damages, declaratory relief, injunctive
relief or any other appropriate relief. The prevailing party in any such
action may be awarded the costs of the action and reasonable attorney
fees.
Sec. 6. The legislature may, by concurrent resolution, appoint one
or more members of the legislature to intervene as a matter of right in
any legal proceeding in which the constitutionality or enforceability of
this act is challenged. Such appointment shall remain effective in the
event such person ceases to be a member of the legislature.
Sec. 7. Sections 1 through 6, and amendments thereto, are
declared severable. Any provision of sections 1 through 6, and
amendments thereto, or the application thereof to any person or
circumstance that is held to be unconstitutional or invalid shall not
affect the validity of any remaining provisions of sections 1 through 6,
and amendments thereto, or the applicability of such provisions to any
person or circumstance.
HOUSE BILL No. 2635—page 3
Sec. 8. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.