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Kansas

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, health-care professionals, hospitals, provider-sponsored organizations, health maintenance organizations, hospital administrators or governing boards.

What does the refusal clause allow?  Individuals, health-care professionals, hospitals and health-care organizations may refuse to provide, pay for, or refer for abortion services. No person may be required to participate in or refer for medical procedures, or prescribe or administer any devices or medication that result in abortion or which the person "reasonably believes" could result in the termination of a pregnancy.  The refusal of a person to participate, refer, or prescribe may not be a basis for civil liability or any facility-imposed sanction.  No medical-care facility may be required to permit participation in or referral for or prescription or administration of any device that results in abortion within its facility or in which the facility, administrator, or board "reasonably believes" could result in the termination of a pregnancy.  The refusal of a medical-care facility to permit these services may not be a ground for civil liability.  The law is written ambiguously enough that it could be read to reach beyond abortion and sweep in birth-control services because it allows an individual to use his or her own "beliefs" about whether a medication causes abortion (see entry below on Birth Control Refusal Clause).  

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 2012), -444 (Enacted 1969; Last Amended 2012), §§65-6737 (enacted 2013).


BIRTH CONTROL REFUSAL CLAUSE

Kansas may allow certain individuals or entities to refuse to provide birth control.

To whom does the refusal clause apply?  Individuals, medical-care facilities, medical-care facility administrators, or governing boards of medical-care facilities.

What does the refusal clause allow?  The state's abortion refusal law is written ambiguously enough that it could be interpreted to include a refusal to provide or prescribe birth control because it allows an individual to use his or her own "beliefs" about whether a medication causes abortion (see entry above on Abortion Refusal Clause).

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. §§ 65-443 (Enacted 1969; Last Amended 2012), -444 (Enacted 1969; Last Amended 2012).

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, medical-care facilities, medical-care facility administrators, or governing boards of medical-care facilities.

What does the refusal clause allow?  No person may be required to perform, refer for, or participate in medical procedures that result in sterilization. The refusal of a person to participate or refer for these services may not be a basis for civil liability or any facility-imposed sanction.  No medical-care facility may be required to permit  performance of or referral for sterilization services within its facility.  The refusal of a medical-care facility, or administrator or governing board of a medical-care facility to permit medical procedures performance of or referral for 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; Last Amended 2012).



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