Biased Counseling & Mandatory Delay

A woman may not obtain an abortion until at least 24 hours after the attending or referring physician provides in writing:  (1) a description of the proposed method; (2) a description of the risks related to the proposed method, including risks to the woman's reproductive health and alternatives to abortion; (3) the probable gestational age of the fetus; (4) a statement on Kansas law regarding post-viability abortion; (5) the probable anatomical and physiological characteristics of the fetus; (6) the medical risks associated with carrying a pregnancy to term; and (7) the name of the physician who will provide the abortion.

In addition, at least 24 hours prior to an abortion, the woman must receive:  (1) in writing, state-mandated information from a physician, psychologist, licensed social worker, registered professional counselor, or registered nurse that includes that:  (a) medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (b) the state-prepared materials contain details about these benefits and list agencies offering alternatives to abortion, including adoption services; (c) the materials describe the fetus; (d) the "father" of the fetus is liable for child support even if he has offered to pay for the abortion; and (e) the woman is free to withdraw or withhold consent without loss of any state or federally funded benefits; and (2) state-prepared materials that:  (a) describe with pictures or drawings the probable anatomical and physical characteristics of the fetus at two-week gestational increments, including the possibility of survival; (b) describe methods and the medical risks associated with each method and with carrying a pregnancy to term; (c) provide a comprehensive list of public and private agencies and services, including but not limited to adoption agencies, available to assist a woman through pregnancy, upon childbirth, and while her child is dependent, with a 24-hour toll-free hotline; (d) include information about medical assistance benefits and the "father's" liability for child support; (e) state that a physician who provides an abortion without a woman's "informed" consent may be liable to her for damages; (f) state that adoptive parents may legally pay the costs of prenatal care, childbirth, and neonatal care; and (g) include the following statement: "Many public and private agencies exist to provide counseling and information on available services.  You are strongly urged to seek their assistance to obtain guidance during your pregnancy.  In addition, you are encouraged to seek information on abortion services, alternatives to abortion, including adoption, and resources available to postpartum mothers.  The law requires that your physician or the physician's agent provide the enclosed information."

Kan. Stat. Ann. §§ 65-6701 (Enacted 1992, Last amended 2000), -6708 to -6711 (Enacted 1997), -6712 (Enacted 1997, Last Amended 1998), -6713 to -6715 (Enacted 1997).

Counseling Ban/Gag Rule

A group that promotes, refers for, or educates in favor of abortion may not enter into a contract under the Kansas Department of Health and Environment's pregnancy-maintenance programs, which provide services to help women carry their pregnancies to term.  S.B 6, 80th Leg., 2003 Reg. Sess. (Kan. 2003) (Enacted 2003; Expires 2010).  

Public Facilities Restriction

A woman may not obtain an abortion at any medical facility, hospital, or clinic owned, leased, or operated by the University of Kansas Hospital Authority unless the procedure is necessary to preserve the woman's life or prevent a "serious risk of substantial and irreversible impairment of a major bodily function."  Kan. Stat. Ann. § 76-3308(i) (Enacted 1998).

Refusal to Provide Medical Services

ABORTION REFUSAL CLAUSE

Kansas allows certain individuals or entities to refuse to provide abortion services.

To whom does the refusal clause apply?  Individuals, hospitals, hospital administrators, or governing boards of hospitals.

What does the refusal clause allow?  No person may be required to participate in medical procedures that result in abortion.  The refusal of a person to participate may not be a basis for civil liability or any hospital-imposed sanction.  No hospital may be required to permit abortion within its institution.  The refusal of a hospital to permit abortion may not be a ground for civil liability.

Does the law require the refusing individual or entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.

Kan. Stat. Ann. §§ 65-443 (Enacted 1969; Last Amended 1975), -444 (Enacted 1969; Last Amended 1970).

PHARMACIST REFUSAL CLAUSE

Kansas allows pharmacists to refuse to fill or refill prescriptions.

To whom does the refusal clause apply?  Pharmacists.

What does the refusal clause allow?  A pharmacist may refuse to fill or refill any prescription if, in the pharmacist's professional judgment and discretion, such pharmacist is of the opinion that it should not be filled or refilled.

Does the law require the refusing individual or entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for prescription services?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.

Kan. Stat. Ann. § 65-1637 (Enacted 1953; Last Amended 2007).

STERILIZATION REFUSAL CLAUSE

Kansas allows certain individuals or entities to refuse to perform or participate in sterilizing procedures.

To whom does the refusal clause apply?  Individuals, hospitals, hospital administrators, or governing boards of hospitals.

What does the refusal clause allow?  No person may be required to perform or participate in medical procedures that result in sterilization. The refusal of a person to participate may not be a basis for civil liability or any hospital-imposed sanction.  No hospital may be required to permit abortion within its institution.  The refusal of a hospital, hospital administrator, or governing board of a hospital to permit medical procedures resulting in sterilization may not be a ground for civil liability.

Does the law require the refusing individual or entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for sterilizing procedures?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.

Kan. Stat. Ann. §§ 65-446, -447 (Enacted 1971).

Restrictions on Low-Income Women's Access to Abortion

Kansas prohibits public funding for abortion for women eligible for state medical assistance for general health care unless the procedure is necessary to preserve the life of a woman endangered by a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself or the pregnancy is the result of rape or incest.  Kansas Medical Assistance Program Professional Servs. Provider Manual, § 8400 (Rev. Jan. 2004), at https://www.kmap-state-ks.us/Documents/Content/Provider%20Manuals/Professional%20092006%206102.pdf.

Restrictions on Young Women's Access to Abortion

Kansas law restricts young women's access to abortion.

Is the law enforceable?  Yes.

Who is considered a minor?  A young woman under the age of 18 who has never been married or freed by court order from the care, custody, and control of her parents.

What is required - parental consent or parental notice?  Notice.

Who must be notified?  One parent.

Are there other trusted adults who may be notified instead?  No.

What is the process for providing notification?  A young woman under age 18 may not obtain an abortion until actual notice has been given by the attending physician to one parent unless the person entitled to notice provides written, notarized waiver of notice.

May the parental mandate be waived if a young woman is a victim of rape or incest?  Yes, if the young woman declares that the "father" of the fetus is her parent or legal guardian.

May the parental mandate be waived if a young woman is a victim of child abuse?  No.

May the parental mandate be waived if a young woman's health is threatened?  Yes, but only if the attending physician determines that a medical emergency exists, defined as a medical condition of the pregnant woman that necessitates an immediate abortion to preserve her life or for which a delay will create "serious risk of substantial and irreversible impairment of a major bodily function."

May the parental mandate be waived under any other circumstances?  Yes, the young woman may try to obtain permission from a judge.

If a young woman must obtain permission from a judge, what is the process?  She must secure a court order stating either that she is mature and well informed enough to make her own decision or that parental notice is not in her best interests.

Are there other significant requirements under the law?  A young woman may not obtain an abortion until after she receives counseling from a licensed physician, nurse, physician's assistant, clergy member, or qualified counselor while accompanied by a parent or an interested adult over 21 who is not associated with the abortion provider.  Such counseling may not be provided by a person assisting in or performing the abortion and must include:  (1) the alternatives available, including abortion and adoption; (2) agencies available to assist the young woman; and (3) the possibility of involving the young woman's parents or an adult family member in her decision-making.  This counseling requirement also may be waived if the physician determines that a medical emergency exists.

Has a court considered the constitutionality of this law?  No.

Other information about the law:  None.

Kan. Stat. Ann. §§ 65-6701 (Original Statute Enacted 1992; Relevant Provision Enacted 1997; Last Amended 2001), -6704 (Enacted 1992), - 6705 (Enacted 1992; Last Amended 1993).