As Amended by House Committee
Session of 2024
HOUSE BILL No. 2749
By Committee on Health and Human Services
Requested by Representative Bryce on behalf of Kansans for Life
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AN ACT concerning abortion; relating to reports on abortions performed
in this state; requiring the reporting of the reasons for each abortion
performed at a medical care facility or by a healthcare provider;
amending K.S.A. 2023 Supp. 65-445 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2023 Supp. 65-445 is hereby amended to read as
follows: 65-445. (a) Every medical care facility shall keep written records
of all pregnancies that are lawfully terminated within such medical care
facility and shall annually submit a written report thereon biannually to the
secretary of health and environment in the manner and form prescribed by
the secretary. Every person licensed to practice medicine and surgery shall
keep a record of all pregnancies that are lawfully terminated by such
person in a location other than a medical care facility and shall annually
submit a written report thereon biannually to the secretary of health and
environment in the manner and form prescribed by the secretary.
(b) Each report required by this section shall include the number of
pregnancies terminated during the period of time covered by the report, the
type of medical facility in which where the pregnancy was terminated,
information required to be reported under K.S.A. 65-6703(b) and (c), 65-
6705(j), 65-6721(c) and 65-6724, and amendments thereto, if applicable to
the pregnancy terminated, information required to be reported under
K.S.A. 2023 Supp. 65-6758, and amendments thereto, and such other
information as may be required by the secretary of health and
environment, but. The report shall not include the names of the persons
whose pregnancies were so terminated or upon whom an attempted
abortion was performed. Each report required by K.S.A. 65-6703(b) and
(c), 65-6705(j) and 65-6721(c), and amendments thereto, shall specify the
medical diagnosis and condition constituting a substantial and irreversible
impairment of a major bodily function or the medical diagnosis and
condition that necessitated performance of an abortion to preserve the life
of the pregnant woman patient. Each report required by K.S.A. 65-6703,
and amendments thereto, shall include a sworn statement by the physician
performing the abortion and the referring physician that such physicians
are not legally or financially affiliated.
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(c) Except in the case of a medical emergency, as defined in K.S.A.
65-6701, and amendments thereto, each pregnant woman patient shall be
asked, prior to the termination of such woman's patient's pregnancy,
which of the following reasons was the most important factor in such
woman's patient's decision to seek an abortion and, if more than one
reason was relevant, which was the second most important and which was
the third most important:
(1) Having a baby would interfere with the woman's patient's
education, employment or career;
(2) having a baby would interfere with the woman's employment or
career;
(3) the woman patient cannot afford provide for the child;
(4) the woman does not feel mature enough to raise a child or, if
applicable, an additional child;
(5)(3) the woman patient already has enough, or too many, children;
(6)(4) the woman's patient's husband or partner is abusive to such
woman patient or such woman's patient's children;
(7)(5) the woman's patient's husband or partner wants such woman
patient to have an abortion;
(8) the woman's parent or parents want such woman to have an
abortion;
(9)(6) the woman patient does not have enough support from family
or others to raise a child;
(10) the woman does not want others to know that such woman had
sexual intercourse or became pregnant;
(11) the woman fears that such woman would neglect or abuse an
unwanted child;
(12)(7) the pregnancy is the result of rape;
(13)(8) the pregnancy is the result of incest;
(14)(9) the pregnancy threatens the woman's patient's physical
health;
(15)(10) the pregnancy threatens the woman's patient's mental or
emotional health; or
(16)(11) the child would have a disability.
If the woman patient declines to answer, such response shall be
recorded.
(d) Each report required by this section shall include, for the period
of time covered by the report:
(1) The number of times each of the reasons listed in subsection (c)
was described as the most important, the second most important and the
third most important; and
(2) the number of times a pregnant woman patient seeking an
abortion was asked about the reasons listed in subsection (c) and declined
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to answer.
(e) Each report required by this section shall include:
(1) The patient's age in years on the patient's last birthday;
(2) the patient's marital status at the time of the abortion;
(3) the state or United States territory of residence of the patient or, if
the patient is not a resident of the United States, the patient's country of
residence;
(4) the patient's race and, if applicable, the hispanic origin of the
patient;
(5) the highest level of education completed by the patient;
(6) whether, in the 30 days prior to the abortion, the patient received
services, financial assistance, excluding financial assistance in obtaining
an abortion, or other assistance from a nonprofit organization that
supports pregnant women;
(7) whether the patient reported having experienced domestic
violence in the 12 months prior to the abortion;
(8) whether the patient is living in a place that the patient considers
to be safe, stable and affordable;
(9) whether a report of physical, mental or emotional abuse or
neglect was made pursuant to K.S.A. 38-2223, and amendments thereto,
where the patient was the victim of such physical, mental or emotional
abuse or neglect; and
(10) the method by which the abortion was performed on the patient.
(f) Information obtained by the secretary of health and environment
under this section shall be confidential and shall not be disclosed in a
manner that would reveal the identity of any person licensed to practice
medicine and surgery who submits a report to the secretary under this
section or the identity of any medical care facility that submits a report to
the secretary under this section, except that such information, including
information identifying such persons and facilities may be disclosed to the
state board of healing arts upon request of the board for disciplinary action
conducted by the board and may be disclosed to the attorney general or
any district or county attorney in this state upon a showing that a
reasonable cause exists to believe that a violation of this act has occurred.
Any information disclosed to the state board of healing arts, the attorney
general or any district or county attorney pursuant to this subsection shall
be used solely for the purposes of a disciplinary action or criminal
proceeding. Except as otherwise provided in this subsection, information
obtained by the secretary under this section may be used only for statistical
purposes and such information shall not be released in a manner that
would identify any county or other area of this state in which the
termination of the pregnancy occurred. A violation of this subsection (c)
(f) is a class A nonperson misdemeanor. The provisions of this subsection
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shall expire on July 1, 2028 2029, unless the legislature reviews and
reenacts such provisions in accordance with K.S.A. 45-229, and
amendments thereto, prior to July 1, 2028 2029.
(d)(g) In addition to such criminal penalty under subsection (c) (f),
any person licensed to practice medicine and surgery or medical care
facility whose identity is revealed in violation of this section may bring a
civil action against the responsible person or persons for any damages to
the person licensed to practice medicine and surgery or medical care
facility caused by such violation.
(e)(h) For the purpose of maintaining confidentiality as provided by
subsections (c) (f) and (d) (g), reports required by this section shall identify
the person or facility submitting such reports only by confidential code
number assigned by the secretary of health and environment to such
person or facility and the department of health and environment shall
maintain such reports only by such number.
(f)(i) The annual biannual public report on abortions performed in
Kansas issued by the secretary of health and environment shall contain the
information required to be reported by this section to the extent such
information is not deemed confidential pursuant to this section. Such
biannual report shall be issued not later than 30 days after the end of the
reporting period for the information contained in such report. The
secretary of health and environment shall adopt rules and regulations to
implement this section. Such rules and regulations shall prescribe, in
detail, the information required to be kept by the physicians and hospitals
and the information required in the reports that must be submitted to the
secretary.
(g)(j) The Kansas department for children and families shall prepare
and publish an annual report on the number of reports of child sexual
abuse received by the department from abortion providers. Such report
shall be categorized by the age of the victim and the month the report was
submitted to the department. The name of the victim and any other
identifying information shall be kept confidential by the department and
shall not be released as part of the public report.
(k) The provisions of this section are declared severable. If any
provision, phrase or clause or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the
remaining provisions, phrases or clauses or the application thereof to any
person or circumstance.
Sec. 2. K.S.A. 2023 Supp. 65-445 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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