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HOUSE BILL No. 2729
AN A CT concerning abortion; relating to the woman's-right-to-know act; requiring the
Kansas department of health and environment to provide certain forms and notices to
physicians; amending K.S.A. 65-6709 and K.S.A. 2025 Supp. 65-6716 and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-6709 is hereby amended to read as follows:
65-6709. No abortion shall be performed or induced without the
voluntary and informed consent of the woman upon whom the abortion
is to be performed or induced. Except in the case of a medical
emergency, consent to an abortion is voluntary and informed only if:
(a) At least 24 hours before the abortion the physician who is to
perform the abortion or the referring physician has informed the
woman in writing, which shall be provided on white paper in on a form
provided by the Kansas department of health and environment that is a
printed format in black ink with 12-point times new roman font and
either provided on white paper in a hardcopy format or electronically
transmitted to the woman, of:
(1) The following information concerning the physician who will
perform the abortion;:
(A) The name of such physician;
(B) the year in which such physician received a medical doctor's
degree;
(C) the date on which such physician's employment commenced at
the facility where the abortion is to be performed;
(D) whether any disciplinary action has been taken against such
physician by the state board of healing arts by marking either a box
indicating "yes" or a box indicating "no" and if the box indicating "yes"
is marked, then provide the website addresses to the board
documentation for each disciplinary action;
(E) whether such physician has malpractice insurance by marking
either a box indicating "yes" or a box indicating "no";
(F) whether such physician has clinical privileges at any hospital
located within 30 miles of the facility where the abortion is to be
performed by marking either a box indicating "yes" or a box indicating
"no" and if the box indicating "yes" is marked, then provide the name
of each such hospital and the date such privileges were issued;
(G) the name of any hospital where such physician has lost
clinical privileges; and
(H) whether such physician is a resident of this state by marking
either a box indicating "yes" or a box indicating "no";
(2) a description of the proposed abortion method;
(3) a description of risks related to the proposed abortion method,
including risk of premature birth in future pregnancies, risk of breast
cancer and risks to the woman's reproductive health and alternatives to
the abortion that a reasonable patient would consider material to the
decision of whether or not to undergo the abortion;
(4) the probable gestational age of the unborn child at the time the
abortion is to be performed and that Kansas law requires the following:
"No person shall perform or induce an abortion when the unborn child
is viable unless such person is a physician and has a documented
referral from another physician not financially associated with the
physician performing or inducing the abortion and both physicians
determine that: (1) The abortion is necessary to preserve the life of the
pregnant woman; or (2) a continuation of the pregnancy will cause a
substantial and irreversible physical impairment of a major bodily
function of the pregnant woman." If the child is born alive, the
attending physician has the legal obligation to take all reasonable steps
necessary to maintain the life and health of the child;
HOUSE BILL No. 2729—page 2
(5) the probable anatomical and physiological characteristics of
the unborn child at the time the abortion is to be performed;
(6) the contact information for counseling assistance for medically
challenging pregnancies, the contact information for perinatal hospice
services and a listing of websites for national perinatal assistance,
including information regarding which entities provide such services
free of charge;
(7) the medical risks associated with carrying an unborn child to
term; and
(8) any need for anti-Rh immune globulin therapy, if she is Rh
negative, the likely consequences of refusing such therapy and the cost
of the therapy.
(b) At least 24 hours before the abortion, the physician who is to
perform the abortion, the referring physician or a qualified person has
informed the woman in writing that:
(1) Medical assistance benefits may be available for prenatal care,
childbirth and neonatal care, and that more detailed information on the
availability of such assistance is contained in the printed materials
given to her and described in K.S.A. 65-6710, and amendments thereto;
(2) the informational materials in K.S.A. 65-6710, and
amendments thereto, are available in printed form and online, and
describe the unborn child, list agencies which that offer alternatives to
abortion with a special section listing adoption services and list
providers of free ultrasound services;
(3) the father of the unborn child is liable to assist in the support
of her child, even in instances where he has offered to pay for the
abortion except that in the case of rape this information may be
omitted;
(4) the woman is free to withhold or withdraw her consent to the
abortion at any time prior to invasion of the uterus without affecting her
right to future care or treatment and without the loss of any state or
federally-funded benefits to which she might otherwise be entitled;
(5) the abortion will terminate the life of a whole, separate,
unique, living human being; and
(6) by no later than 20 weeks from fertilization, the unborn child
has the physical structures necessary to experience pain. There is
evidence that by 20 weeks from fertilization unborn children seek to
evade certain stimuli in a manner that in an infant or an adult would be
interpreted to be a response to pain. Anesthesia is routinely
administered to unborn children who are 20 weeks from fertilization or
older who undergo prenatal surgery.
(c) At least 30 minutes prior to the abortion procedure, prior to
physical preparation for the abortion and prior to the administration of
medication for the abortion, the woman shall meet privately with the
physician who is to perform the abortion and such person's staff to
ensure that she has an adequate opportunity to ask questions of and
obtain information from the physician concerning the abortion.
(d) At least 24 hours before the abortion, the woman is given a
copy of the informational materials described in K.S.A. 65-6710, and
amendments thereto. If the woman asks questions concerning any of
the information or materials, answers shall be provided to her in her
own language.
(e) The woman certifies in writing on a form provided by the
department, prior to the abortion, that the information required to be
provided under subsections (a), (b) and (d) has been provided and that
she has met with the physician who is to perform the abortion on an
individual basis as provided under subsection (c). All physicians who
perform abortions shall report the total number of certifications
received monthly to the department. The total number of certifications
shall be reported by the physician as part of the written report made by
the physician to the secretary of health and environment under K.S.A.
65-445, and amendments thereto. The department shall make the
number of certifications received available on an annual basis.
(f) Prior to the performance of the abortion, the physician who is
HOUSE BILL No. 2729—page 3
to perform the abortion or the physician's agent receives a copy of the
written certification prescribed by subsection (e) of this section.
(g) The woman is not required to pay any amount for the abortion
procedure until the 24-hour waiting period has expired.
(h) A physician who will use ultrasound equipment preparatory to
or in the performance of the abortion, at least 30 minutes prior to the
performance of the abortion:
(1) Informs the woman that she has the right to view the
ultrasound image of her unborn child, at no additional expense to her;
(2) informs the woman that she has the right to receive a physical
picture of the ultrasound image, at no additional expense to her;
(3) offers the woman the opportunity to view the ultrasound image
and receive a physical picture of the ultrasound image;
(4) certifies in writing that the woman was offered the opportunity
to view the ultrasound image and receive a physical picture of the
ultrasound image at least 30 minutes prior to the performance of the
abortion; and
(5) obtains the woman's signed acceptance or rejection of the
opportunity to view the ultrasound image and receive a physical picture
of the ultrasound image.
If the woman accepts the offer and requests to view the ultrasound
image, receive a physical picture of the ultrasound image or both, her
request shall be granted by the physician at no additional expense to the
woman. The physician's certification shall be time-stamped at the time
the opportunity to view the ultrasound image and receive a physical
picture of the ultrasound image was offered.
(i) A physician who will use heart monitor equipment preparatory
to or in the performance of the abortion, at least 30 minutes prior to the
performance of the abortion:
(1) Informs the woman that she has the right to listen to the
heartbeat of her unborn child, at no additional expense to her;
(2) offers the woman the opportunity to listen to the heartbeat of
her unborn child;
(3) certifies in writing that the woman was offered the opportunity
to listen to the heartbeat of her unborn child at least 30 minutes prior to
the performance of the abortion; and
(4) obtains the woman's signed acceptance or rejection of the
opportunity to listen to the heartbeat of her unborn child.
If the woman accepts the offer and requests to listen to the heartbeat
of her unborn child, her request shall be granted by the physician at no
additional expense to the woman. The physician's certification shall be
time-stamped at the time the opportunity to listen to the heartbeat of her
unborn child was offered.
(j) The physician's certification required by subsections (h) and (i)
together with the pregnant woman's signed acceptance or rejection of
such offer shall be placed in the woman's medical file in the physician's
office and kept for 10 years. However, in the case of a minor, the
physician shall keep a copy of the certification and the signed
acceptance or rejection in the minor's medical file for five years past
the minor's majority, but in no event less than 10 years.
(k) Any private office, freestanding surgical outpatient clinic or
other facility or clinic in which abortions are performed shall
conspicuously post a sign in a location so as to be clearly visible to
patients. The sign required pursuant to this subsection shall be printed
with lettering that is legible and shall be at least three quarters of an
inch boldfaced type. The sign shall include the address for the
pregnancy resources website published and maintained by the
department of health and environment, and the following text:
Notice from the Kansas Department of Health and Environment : It
is against the law for anyone, regardless of their relationship to you, to
force you to have an abortion. By law, we this office cannot perform an
abortion on you unless we have it has obtained your freely given and
voluntary consent. It is against the law to perform an abortion on you
against your will. You have the right to contact any local or state law
HOUSE BILL No. 2729—page 4
enforcement agency to receive protection from any actual or threatened
physical abuse or violence. You have the right to change your mind at
any time prior to the actual abortion and request that the abortion
procedure cease. It is unlawful for anyone to make you have an
abortion against your will, even if you are a minor. The father of your
child must provide support for the child, even if he has offered to pay
for an abortion. If you decide not to have an abortion, you may qualify
for financial help for pregnancy, childbirth and newborn care. If you
qualify, medicaid will pay or help pay the cost of doctor, clinic, hospital
and other related medical expenses, including childbirth delivery
services and care for your newborn baby. Many agencies are willing to
provide assistance so that you may carry your child to term, and to
assist you after your child's birth.
The provisions of this subsection shall not apply to any private
office, freestanding surgical outpatient clinic or other facility or clinic
which that performs abortions only when necessary to prevent the
death of the pregnant woman.
(l) Any private office, freestanding surgical outpatient clinic or
other facility or clinic in which abortions are performed that has a
website shall publish an easily identifiable link on the homepage of
such website that directly links to the department of health and
environment's website that provides informed consent materials under
the woman's-right-to-know act. Such link shall read: "The Kansas
Department of Health and Environment maintains a website containing
information about the development of the unborn child, as well as
video of sonogram images of the unborn child at various stages of
development. The Kansas Department of Health and Environment's
website can be reached by clicking here."
(m) For purposes of this section:
(1) The term "human being" means an individual living member
of the species of homo sapiens, including the unborn human being
during the entire embryonic and fetal ages from fertilization to full
gestation.
(2) The term "medically challenging pregnancy" means a
pregnancy where the unborn child is diagnosed as having: (A) A severe
anomaly; or (B) an illness, disease or defect which that is invariably
fatal.
Sec. 2. K.S.A. 2025 Supp. 65-6716 is hereby amended to read as
follows: 65-6716. (a) As used in this section:
(1) "Abortion" means the same as defined in K.S.A. 65-6701, and
amendments thereto.
(2) "Medication abortion" means the use or prescription of any
drug for the purpose of inducing an abortion.
(3) "Medical emergency" means the same as defined in K.S.A. 65-
6701, and amendments thereto.
(b) (1) Any private office, freestanding surgical outpatient clinic,
hospital or other medical care facility or clinic or any pharmacy where
mifepristone is prescribed, dispensed or administered for the purpose of
inducing a medication abortion shall post a conspicuous sign that is
clearly visible to patients and customers, that is printed with lettering
that is legible and at least 3/4 of an inch boldfaced type and that reads:
"NOTICE FROM THE KANSAS DEP ARTMENT OF HEALTH AND
ENVIRONMENT TO PATIENTS HA VING MEDICATION
ABORTIONS THAT USE MIFEPRISTONE: Mifepristone, also known
as RU-486 or mifeprex, alone is not always effective in ending a
pregnancy. It may be possible to reverse its intended effect if the
second pill or tablet has not been taken or administered. If you change
your mind and wish to try to continue the pregnancy, you can get
immediate help by accessing available resources."
The notice shall also include information about the department of
health and environment website, required to be maintained under
K.S.A. 65-6710, and amendments thereto, and other relevant telephone
and internet resources containing information on where the patient can
obtain timely assistance to attempt to reverse the medication abortion.
HOUSE BILL No. 2729—page 5
(2) (A) Any private office or freestanding surgical outpatient
clinic where mifepristone is prescribed, dispensed or administered for
the purpose of inducing a medication abortion shall post the sign
required by paragraph (1) in each patient waiting room and patient
consultation room used by patients seeking medication abortions.
(B) A hospital or other medical care facility or clinic where
mifepristone is prescribed, dispensed or administered for the purpose of
inducing a medication abortion that is not a private office or
freestanding surgical outpatient clinic shall post the sign required by
paragraph (1) in each patient admission area used by patients seeking
medication abortions that use mifepristone.
(C) A pharmacy where mifepristone is prescribed, dispensed or
administered for the purpose of inducing a medication abortion shall
post the sign required by paragraph (1) in the area inside the premises
where customers are provided prescription medications and on the
exterior of the premises in the area where customers are provided
prescription medications via a drive-through window.
(c) (1) Except in the case of a medical emergency, no physician
shall provide, induce or attempt to provide or induce a medication
abortion that use mifepristone without informing the woman, in writing
using a form provided by the Kansas department of health and
environment, in the manner prescribed by K.S.A. 65-6709, and
amendments thereto, and also either by telephone or in person, at least
24 hours prior to the medication abortion:
(A) That it may be possible to reverse the intended effects of a
medication abortion that uses mifepristone, if the woman changes her
mind, but that time is of the essence; and
(B) information on reversing the effects of a medication abortion
that uses mifepristone is available on the department of health and
environment's website, required to be maintained under K.S.A. 65-
6710, and amendments thereto, and other relevant telephone and
internet resources containing information on where the patient can
obtain timely assistance to attempt to reverse the medication abortion.
(2) After a physician dispenses or provides an initial
administration of mifepristone to a patient for the purposes of
performing a medication abortion, the physician or an agent of the
physician shall provide a legible, written notice to the patient that
includes the same information as required under subsection (b)(1).
(d) When a medical emergency compels the performance of a
medication abortion that use mifepristone, the physician shall inform
the woman, prior to the medication abortion, if possible, of the medical
indications supporting the physician's judgment that an abortion is
necessary to avert the woman's death or that a 24-hour delay would
create serious risk of substantial and irreversible impairment of a major
bodily function, excluding psychological or emotional conditions.
(e) Within 90 days after the effective date of this section, the
department of health and environment shall cause to be published, in
English and in each language that is the primary language of 2% or
more of the state's population, in print and on the website required to be
maintained under K.S.A. 65-6710, and amendments thereto,
comprehensible materials designed to inform women of the possibility
of reversing the effects of a medication abortion that uses mifepristone
and information on resources available to reverse the effects of a
medication abortion that uses mifepristone. The website shall also
include other relevant telephone and internet resources containing
information on where the patient can obtain timely assistance to
attempt to reverse the medication abortion.
(f) Upon a first conviction of a violation of this section, a person
shall be guilty of a class A person misdemeanor. Upon a second or
subsequent conviction of a violation of this section, a person shall be
guilty of a severity level 10, person felony.
(g) The department of health and environment shall assess a fine
of $10,000 to any private office, freestanding surgical outpatient clinic,
hospital or other clinic or facility that fails to post a sign required by
HOUSE BILL No. 2729—page 6
subsection (b). Each day that a medication abortion that uses
mifepristone, other than a medication abortion that is necessary to
prevent the death of the pregnant woman, is performed in any private
office, freestanding surgical outpatient clinic, hospital or other facility
or clinic when the required sign is not posted during a portion of that
day's business hours when patients or prospective patients are present
shall be a separate violation. The department of health and environment
shall remit all moneys received from fines under this subsection to the
state treasurer in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such remittance, the
state treasurer shall deposit the entire amount into the state treasury to
the credit of the state general fund.
(h) (1) If a physician provides a medication abortion using
mifepristone in violation of this section, the following individuals may
bring a civil action in a court of competent jurisdiction against the
physician for actual damages, exemplary and punitive damages and any
other appropriate relief:
(A) A woman to whom such medication abortion has been
provided;
(B) the father of the unborn child who was subject to such
medication abortion; or
(C) any grandparent of the unborn child who was subject to such
medication abortion, if the woman was not 18 years of age or older at
the time the medication abortion was performed or if the woman died
as a result of the medication abortion.
(2) Notwithstanding any other provision of law, any action
commenced in accordance with this subsection shall be filed within two
years after the later of:
(A) The date of the discovery of the violation under this section;
or
(B) the conclusion of a related criminal case.
(3) In any action brought under this section, the court shall award
reasonable attorney fees and costs to:
(A) A prevailing plaintiff; or
(B) a prevailing defendant upon a finding that the action was
frivolous and brought in bad faith.
(4) Except for the woman to whom the medication abortion was
provided, no action may be brought by any person whose criminal
conduct resulted in the pregnancy, and any such person shall not be
awarded any damages in any action brought pursuant to this section.
(i) In any civil or criminal proceeding or action brought under this
section, the court shall rule whether the anonymity of any woman to
whom a medication abortion has been provided, induced or attempted
to be provided or induced shall be preserved from public disclosure, if
she does not give her consent to such disclosure. The court, upon
motion or sua sponte, shall make such a ruling and, upon determining
that the woman's anonymity should be preserved, shall issue orders to
the parties, witnesses and counsel and shall direct the sealing of the
record and exclusion of individuals from courtrooms or hearing rooms
to the extent necessary to safeguard the woman's identity from public
disclosure. Each such order shall be accompanied by specific written
findings explaining why the anonymity of the woman should be
preserved from public disclosure, why the order is essential to that end,
how the order is narrowly tailored to serve that interest and why no
reasonable less restrictive alternative exists. In the absence of written
consent of the woman to whom a medication abortion has been
provided, induced or attempted to be provided or induced, any person,
other than a public official, who brings an action under this section
shall do so under a pseudonym. This subsection shall not be construed
to conceal the identity of the plaintiff or witnesses from the defendant.
(j) If any provision of this section, or any application thereof to
any person or circumstance, is held invalid by court order, then such
invalidity shall not affect the remainder of this section and any
application thereof to any person or circumstance that can be given
HOUSE BILL No. 2729—page 7
effect without such invalid provision or application, and to this end, the
provisions of this section are declared to be severable.
(k) The provisions of this section shall be a part of and
supplemental to the woman's-right-to-know act.
Sec. 3. K.S.A. 65-6709 and K.S.A. 2025 Supp. 65-6716 are
hereby repealed.
Sec. 4. 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.