HOUSE BILL No. 2749
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.
(c) Except in the case of a medical emergency, as defined in
K.S.A. 65-6701, and amendments thereto, each patient shall be asked,
prior to the termination of such patient's pregnancy, which of the
following reasons was the most important factor in such patient's
decision to seek an abortion:
(1) Having a baby would interfere with the patient's education,
employment or career;
(2) the patient cannot provide for the child;
(3) the patient already has enough, or too many, children;
(4) the patient's husband or partner is abusive to such patient or
such patient's children;
(5) the patient's husband or partner wants such patient to have an
abortion;
(6) the patient does not have enough support from family or others
to raise a child;
(7) the pregnancy is the result of rape;
(8) the pregnancy is the result of incest;
(9) the pregnancy threatens the patient's physical health;
(10) the pregnancy threatens the patient's mental or emotional
health; or
(11) the child would have a disability.
If the patient declines to answer, such response shall be recorded.
(d) Each report required by this section shall include, for the HOUSE BILL No. 2749—page 2
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; and
(2) the number of times a patient seeking an abortion was asked
about the reasons listed in subsection (c) and declined 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 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. HOUSE BILL No. 2749—page 3
(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.
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.