KS
Kansas House Bill HB2749

Kansas 2023-2024 Regular Session

Kansas House Bill HB2749 Compare Versions

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1+Session of 2024
12 HOUSE BILL No. 2749
2-AN ACT concerning abortion; relating to reports on abortions performed in this state;
3-requiring the reporting of the reasons for each abortion performed at a medical care
4-facility or by a healthcare provider; amending K.S.A. 2023 Supp. 65-445 and
5-repealing the existing section.
3+By Committee on Health and Human Services
4+Requested by Representative Bryce on behalf of Kansans for Life
5+2-7
6+AN ACT concerning abortion; relating to reports on abortions performed
7+in this state; requiring the reporting of the reasons for each abortion
8+performed at a medical care facility or by a healthcare provider;
9+amending K.S.A. 2023 Supp. 65-445 and repealing the existing section.
610 Be it enacted by the Legislature of the State of Kansas:
711 Section 1. K.S.A. 2023 Supp. 65-445 is hereby amended to read as
8-follows: 65-445. (a) Every medical care facility shall keep written
9-records of all pregnancies that are lawfully terminated within such
10-medical care facility and shall annually submit a written report thereon
11-biannually to the secretary of health and environment in the manner
12-and form prescribed by the secretary. Every person licensed to practice
13-medicine and surgery shall keep a record of all pregnancies that are
14-lawfully terminated by such person in a location other than a medical
15-care facility and shall annually submit a written report thereon
16-biannually to the secretary of health and environment in the manner
17-and form prescribed by the secretary.
18-(b) Each report required by this section shall include the number
19-of pregnancies terminated during the period of time covered by the
20-report, the type of medical facility in which where the pregnancy was
21-terminated, information required to be reported under K.S.A. 65-
22-6703(b) and (c), 65-6705(j), 65-6721(c) and 65-6724, and amendments
23-thereto, if applicable to the pregnancy terminated, information required
24-to be reported under K.S.A. 2023 Supp. 65-6758, and amendments
25-thereto, and such other information as may be required by the secretary
26-of health and environment, but. The report shall not include the names
27-of the persons whose pregnancies were so terminated or upon whom an
28-attempted abortion was performed. Each report required by K.S.A. 65-
29-6703(b) and (c), 65-6705(j) and 65-6721(c), and amendments thereto,
30-shall specify the medical diagnosis and condition constituting a
31-substantial and irreversible impairment of a major bodily function or
32-the medical diagnosis and condition that necessitated performance of an
33-abortion to preserve the life of the pregnant woman patient. Each report
34-required by K.S.A. 65-6703, and amendments thereto, shall include a
35-sworn statement by the physician performing the abortion and the
36-referring physician that such physicians are not legally or financially
37-affiliated.
38-(c) Except in the case of a medical emergency, as defined in
39-K.S.A. 65-6701, and amendments thereto, each patient shall be asked,
40-prior to the termination of such patient's pregnancy, which of the
41-following reasons was the most important factor in such patient's
42-decision to seek an abortion:
43-(1) Having a baby would interfere with the patient's education,
44-employment or career;
45-(2) the patient cannot provide for the child;
46-(3) the patient already has enough, or too many, children;
47-(4) the patient's husband or partner is abusive to such patient or
48-such patient's children;
49-(5) the patient's husband or partner wants such patient to have an
12+follows: 65-445. (a) Every medical care facility shall keep written records
13+of all pregnancies that are lawfully terminated within such medical care
14+facility and shall annually submit a written report thereon biannually to the
15+secretary of health and environment in the manner and form prescribed by
16+the secretary. Every person licensed to practice medicine and surgery shall
17+keep a record of all pregnancies that are lawfully terminated by such
18+person in a location other than a medical care facility and shall annually
19+submit a written report thereon biannually to the secretary of health and
20+environment in the manner and form prescribed by the secretary.
21+(b) Each report required by this section shall include the number of
22+pregnancies terminated during the period of time covered by the report, the
23+type of medical facility in which the pregnancy was terminated,
24+information required to be reported under K.S.A. 65-6703(b) and (c), 65-
25+6705(j), 65-6721(c) and 65-6724, and amendments thereto, if applicable to
26+the pregnancy terminated, information required to be reported under
27+K.S.A. 2023 Supp. 65-6758, and amendments thereto, and such other
28+information as may be required by the secretary of health and
29+environment, but. The report shall not include the names of the persons
30+whose pregnancies were so terminated or upon whom an attempted
31+abortion was performed. Each report required by K.S.A. 65-6703(b) and
32+(c), 65-6705(j) and 65-6721(c), and amendments thereto, shall specify the
33+medical diagnosis and condition constituting a substantial and irreversible
34+impairment of a major bodily function or the medical diagnosis and
35+condition that necessitated performance of an abortion to preserve the life
36+of the pregnant woman. Each report required by K.S.A. 65-6703, and
37+amendments thereto, shall include a sworn statement by the physician
38+performing the abortion and the referring physician that such physicians
39+are not legally or financially affiliated.
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75+(c) Except in the case of a medical emergency, as defined in K.S.A.
76+65-6701, and amendments thereto, each pregnant woman shall be asked,
77+prior to the termination of such woman's pregnancy, which of the
78+following reasons was the most important factor in such woman's decision
79+to seek an abortion and, if more than one reason was relevant, which was
80+the second most important and which was the third most important:
81+(1) Having a baby would interfere with the woman's education;
82+(2) having a baby would interfere with the woman's employment or
83+career;
84+(3) the woman cannot afford the child;
85+(4) the woman does not feel mature enough to raise a child or, if
86+applicable, an additional child;
87+(5) the woman already has enough, or too many, children;
88+(6) the woman's husband or partner is abusive to such woman or
89+such woman's children;
90+(7) the woman's husband or partner wants such woman to have an
5091 abortion;
51-(6) the patient does not have enough support from family or others
52-to raise a child;
53-(7) the pregnancy is the result of rape;
54-(8) the pregnancy is the result of incest;
55-(9) the pregnancy threatens the patient's physical health;
56-(10) the pregnancy threatens the patient's mental or emotional
92+(8) the woman's parent or parents want such woman to have an
93+abortion;
94+(9) the woman does not have enough support from family or others to
95+raise a child;
96+(10) the woman does not want others to know that such woman had
97+sexual intercourse or became pregnant;
98+(11) the woman fears that such woman would neglect or abuse an
99+unwanted child;
100+(12) the pregnancy is the result of rape;
101+(13) the pregnancy is the result of incest;
102+(14) the pregnancy threatens the woman's physical health;
103+(15) the pregnancy threatens the woman's mental or emotional
57104 health; or
58-(11) the child would have a disability.
59-If the patient declines to answer, such response shall be recorded.
60-(d) Each report required by this section shall include, for the HOUSE BILL No. 2749—page 2
61-period of time covered by the report:
62-(1) The number of times each of the reasons listed in subsection
63-(c) was described as the most important; and
64-(2) the number of times a patient seeking an abortion was asked
65-about the reasons listed in subsection (c) and declined to answer.
105+(16) the child would have a disability.
106+If the woman declines to answer, such response shall be recorded.
107+(d) Each report required by this section shall include, for the period
108+of time covered by the report:
109+(1) The number of times each of the reasons listed in subsection (c)
110+was described as the most important, the second most important and the
111+third most important; and
112+(2) the number of times a pregnant woman seeking an abortion was
113+asked about the reasons listed in subsection (c) and declined to answer.
66114 (e) Each report required by this section shall include:
67115 (1) The patient's age in years on the patient's last birthday;
68116 (2) the patient's marital status at the time of the abortion;
69-(3) the state or United States territory of residence of the patient
70-or, if the patient is not a resident of the United States, the patient's
71-country of residence;
117+(3) the state or United States territory of residence of the patient or, if
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161+the patient is not a resident of the United States, the patient's country of
162+residence;
72163 (4) the patient's race and, if applicable, the hispanic origin of the
73164 patient;
74165 (5) the highest level of education completed by the patient;
75-(6) whether, in the 30 days prior to the abortion, the patient
76-received services, financial assistance, excluding financial assistance
77-in obtaining an abortion, or other assistance from a nonprofit
78-organization that supports pregnant women;
166+(6) whether, in the 30 days prior to the abortion, the patient received
167+services, financial assistance, excluding financial assistance in obtaining
168+an abortion, or other assistance from a nonprofit organization that
169+supports pregnant women;
79170 (7) whether the patient reported having experienced domestic
80171 violence in the 12 months prior to the abortion;
81-(8) whether the patient is living in a place that the patient
82-considers to be safe, stable and affordable;
172+(8) whether the patient is living in a place that the patient considers
173+to be safe, stable and affordable;
83174 (9) whether a report of physical, mental or emotional abuse or
84-neglect was made pursuant to K.S.A. 38-2223, and amendments
85-thereto, where the patient was the victim of such physical, mental or
86-emotional abuse or neglect; and
87-(10) the method by which the abortion was performed on the
88-patient.
89-(f) Information obtained by the secretary of health and
90-environment under this section shall be confidential and shall not be
91-disclosed in a manner that would reveal the identity of any person
92-licensed to practice medicine and surgery who submits a report to the
93-secretary under this section or the identity of any medical care facility
94-that submits a report to the secretary under this section, except that such
95-information, including information identifying such persons and
96-facilities may be disclosed to the state board of healing arts upon
97-request of the board for disciplinary action conducted by the board and
98-may be disclosed to the attorney general or any district or county
99-attorney in this state upon a showing that a reasonable cause exists to
100-believe that a violation of this act has occurred. Any information
101-disclosed to the state board of healing arts, the attorney general or any
102-district or county attorney pursuant to this subsection shall be used
103-solely for the purposes of a disciplinary action or criminal proceeding.
104-Except as otherwise provided in this subsection, information obtained
105-by the secretary under this section may be used only for statistical
175+neglect was made pursuant to K.S.A. 38-2223, and amendments thereto,
176+where the patient was the victim of such physical, mental or emotional
177+abuse or neglect; and
178+(10) the method by which the abortion was performed on the patient.
179+(f) Information obtained by the secretary of health and environment
180+under this section shall be confidential and shall not be disclosed in a
181+manner that would reveal the identity of any person licensed to practice
182+medicine and surgery who submits a report to the secretary under this
183+section or the identity of any medical care facility that submits a report to
184+the secretary under this section, except that such information, including
185+information identifying such persons and facilities may be disclosed to the
186+state board of healing arts upon request of the board for disciplinary action
187+conducted by the board and may be disclosed to the attorney general or
188+any district or county attorney in this state upon a showing that a
189+reasonable cause exists to believe that a violation of this act has occurred.
190+Any information disclosed to the state board of healing arts, the attorney
191+general or any district or county attorney pursuant to this subsection shall
192+be used solely for the purposes of a disciplinary action or criminal
193+proceeding. Except as otherwise provided in this subsection, information
194+obtained by the secretary under this section may be used only for statistical
106195 purposes and such information shall not be released in a manner that
107196 would identify any county or other area of this state in which the
108-termination of the pregnancy occurred. A violation of this subsection
109-(c) (f) is a class A nonperson misdemeanor. The provisions of this
110-subsection shall expire on July 1, 2028 2029, unless the legislature
111-reviews and reenacts such provisions in accordance with K.S.A. 45-
112-229, and amendments thereto, prior to July 1, 2028 2029.
197+termination of the pregnancy occurred. A violation of this subsection (c)
198+(f) is a class A nonperson misdemeanor. The provisions of this subsection
199+shall expire on July 1, 2028 2029, unless the legislature reviews and
200+reenacts such provisions in accordance with K.S.A. 45-229, and
201+amendments thereto, prior to July 1, 2028 2029.
113202 (d)(g) In addition to such criminal penalty under subsection (c) (f),
114203 any person licensed to practice medicine and surgery or medical care
115-facility whose identity is revealed in violation of this section may bring
116-a civil action against the responsible person or persons for any damages
117-to the person licensed to practice medicine and surgery or medical care
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247+facility whose identity is revealed in violation of this section may bring a
248+civil action against the responsible person or persons for any damages to
249+the person licensed to practice medicine and surgery or medical care
118250 facility caused by such violation.
119-(e)(h) For the purpose of maintaining confidentiality as provided
120-by subsections (c) (f) and (d) (g), reports required by this section shall
121-identify the person or facility submitting such reports only by
122-confidential code number assigned by the secretary of health and
123-environment to such person or facility and the department of health and
124-environment shall maintain such reports only by such number. HOUSE BILL No. 2749—page 3
251+(e)(h) For the purpose of maintaining confidentiality as provided by
252+subsections (c) (f) and (d) (g), reports required by this section shall identify
253+the person or facility submitting such reports only by confidential code
254+number assigned by the secretary of health and environment to such
255+person or facility and the department of health and environment shall
256+maintain such reports only by such number.
125257 (f)(i) The annual biannual public report on abortions performed in
126-Kansas issued by the secretary of health and environment shall contain
127-the information required to be reported by this section to the extent
128-such information is not deemed confidential pursuant to this section.
129-Such biannual report shall be issued not later than 30 days after the
130-end of the reporting period for the information contained in such
131-report. The secretary of health and environment shall adopt rules and
132-regulations to implement this section. Such rules and regulations shall
133-prescribe, in detail, the information required to be kept by the
134-physicians and hospitals and the information required in the reports that
135-must be submitted to the secretary.
136-(g)(j) The Kansas department for children and families shall
137-prepare and publish an annual report on the number of reports of child
138-sexual abuse received by the department from abortion providers. Such
139-report shall be categorized by the age of the victim and the month the
140-report was submitted to the department. The name of the victim and
141-any other identifying information shall be kept confidential by the
142-department and shall not be released as part of the public report.
258+Kansas issued by the secretary of health and environment shall contain the
259+information required to be reported by this section to the extent such
260+information is not deemed confidential pursuant to this section. Such
261+biannual report shall be issued not later than 30 days after the end of the
262+reporting period for the information contained in such report. The
263+secretary of health and environment shall adopt rules and regulations to
264+implement this section. Such rules and regulations shall prescribe, in
265+detail, the information required to be kept by the physicians and hospitals
266+and the information required in the reports that must be submitted to the
267+secretary.
268+(g)(j) The Kansas department for children and families shall prepare
269+and publish an annual report on the number of reports of child sexual
270+abuse received by the department from abortion providers. Such report
271+shall be categorized by the age of the victim and the month the report was
272+submitted to the department. The name of the victim and any other
273+identifying information shall be kept confidential by the department and
274+shall not be released as part of the public report.
143275 (k) The provisions of this section are declared severable. If any
144276 provision, phrase or clause or the application thereof to any person or
145277 circumstance shall be held invalid, such invalidity shall not affect the
146-remaining provisions, phrases or clauses or the application thereof to
147-any person or circumstance.
278+remaining provisions, phrases or clauses or the application thereof to any
279+person or circumstance.
148280 Sec. 2. K.S.A. 2023 Supp. 65-445 is hereby repealed.
149281 Sec. 3. This act shall take effect and be in force from and after its
150282 publication in the statute book.
151-I hereby certify that the above BILL originated in the
152-HOUSE, and passed that body
153-Speaker of the House.
154-Chief Clerk of the House.
155-
156-Passed the SENATE ______________________________________________________________________________
157-President of the Senate.
158-Secretary of the Senate.
159-APPROVED __________________________________________________________________________________________________
160-Governor.
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