Kansas 2023-2024 Regular Session

Kansas House Bill HB2515

Introduced
1/17/24  
Refer
1/17/24  

Caption

Creating a civil cause of action against any healthcare provider who injures a child during an attempted abortion.

Impact

The proposed amendments aim to enhance protections for children born alive under any circumstances related to abortion. By allowing individuals or their guardians to file civil suits against providers, the bill is intended to empower affected families and possibly deter negligent medical practices. However, it may also place additional legal burdens on healthcare providers and complicate the already sensitive nature of abortion services, raising concerns among medical associations regarding the implications for patient care and privacy.

Summary

House Bill 2515 introduces significant amendments concerning the Born-Alive Infants Protection Act by creating a civil cause of action against healthcare providers who injure a child during an attempted abortion. This bill requires that if an abortion results in a live birth, the healthcare provider present must take substantial measures to preserve the child's life, reflecting a shift toward increased accountability for medical professionals in abortion scenarios. Compliance failures would obligate healthcare staff to report non-compliance to law enforcement, thereby intersecting legal responsibilities with healthcare practices.

Contention

The bill has generated considerable debate regarding its implications for medical practice and women's rights. Opponents argue that it could inhibit access to abortion services by increasing the risk of litigation for providers and creating a hostile environment for women seeking these services. Moreover, there are concerns about the potential for the bill to undermine patient-provider confidentiality and determine liability in cases where medical decisions are made under distressing circumstances. Proponents, however, claim it is a necessary measure to protect the rights of vulnerable infants and ensure that healthcare providers are held accountable.

Companion Bills

No companion bills found.

Previously Filed As

KS AB63

Requirements for children born alive following abortion or attempted abortion and providing a penalty.

KS SB61

Requirements for children born alive following abortion or attempted abortion and providing a penalty.

KS HB2171

Creating the abolish abortion Kansas act to make all abortions subject to criminal prosecution for violation of Alexa's law and to remove certain exceptions to the cause of action for the wrongful death of an unborn child when such death is caused by an abortion.

KS SB174

Enacting the abolish abortion Kansas act to make all abortions subject to criminal prosecution for violation of Alexa's law and to remove certain exceptions to the cause of action for the wrongful death of an unborn child when such death is caused by an abortion.

KS SB26

Creating a civil cause of action against a physician who performs childhood gender reassignment service and requiring revocation of a physician's license who performs childhood gender reassignment service.

KS HB2737

Creating the abolish abortion Kansas act to make all abortions subject to criminal prosecution for violation of Alexa's law and to remove the exceptions to the wrongful cause of death action for lawful abortions.

KS SB233

House Substitute for SB 233 by Committee on Health and Human Services - Enacting the forbidding abuse child transitions act, restricting use of state funds to promote gender transitioning, prohibiting healthcare providers from treating children whose gender identity is inconsistent with the child's sex, authorizing a civil cause of action against healthcare providers for providing such treatments, requiring professional discipline against a healthcare provider who performs such treatment, prohibiting professional liability insurance from covering damages for healthcare providers that provide gender transition treatment to children and adding violation of the act to the definition of unprofessional conduct for physicians and nurses.

KS SB353

Creating a civil cause of action against a physician who performs childhood gender reassignment service and requiring revocation of a physician's license who performs childhood gender reassignment service.

KS HB23

Abortion, prohibited, civil cause of action to enforce authorized against anyone who performs or aids and abets an abortion procedure

KS HB2791

Enacting the forbidding abuse child transitions act, restricting use of state funds to promote gender transitioning, prohibiting healthcare professionals from treating children whose gender identity is inconsistent with the child's sex, authorizing a civil cause of action against healthcare professionals for providing such treatments, authorizing professional discipline against a physician who performs such treatment, prohibiting professional liability insurance from covering damages for healthcare providers that provide gender transition treatment to children and adding violation of the act to the definition of unprofessional conduct for physicians and nurses.

Similar Bills

No similar bills found.