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).