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Kansas Bill Requiring Abortion Reversal Information (SB 67)

This law was last updated on Apr 23, 2019


This law is Anti–Choice

State

Kansas

Number

SB 67

Status

Vetoed

Proposed

Jan 31, 2019

Topics

Informed Consent, Medication Abortion, Physicians Reporting Requirements, Reporting Requirements, Targeted Regulation of Abortion Providers

Full Bill Text

kslegislature.org

SB 67 requires abortion providers to inform their patients that it might be possible to reverse the effects of a medication abortion.

Informed Consent

Except in the case of a medical emergency, a medication abortion may not be performed or induced without informing patients—in writing or by telephone or in person at least 24 hours prior—that it may be possible to reverse the effects of a medication abortion if the patient changes their mind, but that time is of the essence, and information and assistance with reversing the effects of a medication abortion are available on the state health department’s website.

After the first drug involved in the two-drug process is dispensed in a medication abortion, the physician or an agent of the physician would need to provide written medical discharge instructions to the pregnant person which must include the following statement:

Mifepristone, also known as RU-486 or mifeprex, alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can get immediate help by accessing available resources.

If a medical emergency necessitates an abortion, the physician would need to inform the pregnant patient of the medical  indications supporting their judgment that an abortion is necessary to avert the patient’s death or that a 24-hour delay would create serious risk of substantial and irreversible impairment of a major bodily function.

A person who violates this provision would be guilty of a Class A person misdemeanor for the first violation, and be guilty of a severity level 10, person felony for any subsequent violation.

The state department of health and environment must provide a website with comprehensible materials designed to inform pregnant people of the possibility of reversing the effects of a medication abortion utilizing mifepristone, along with information on and assistance with the resources that may be available to help reverse the effects of medication abortion.

TRAP

The bill requires abortion providers to post a sign which reads:

NOTICE TO PATIENTS HAVING MEDICATION ABORTIONS THAT USE MIFEPRISTONE: Mifepristone, also known as RU-486 or mifeprex, alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can get immediate help by accessing available resources.

Any private office or a freestanding surgical outpatient clinic that performs abortions must post the sign in each patient waiting room and patient consultation room. A hospital or any other facility where abortions are performed must post the sign in each patient admission area.

Any private office, freestanding surgical outpatient clinic or other facility that fails to post the sign would face a $10,000 fine for each day on which an abortion is performed during which the required sign is not posted.

Reporting Requirements

The bill requires anyone who prescribes progesterone for the purpose of reversing a medication abortion to report to the state department of health and environment that they have done so within 14 days. If the treatment fails to reverse the effects of the medication abortion, the provider must report the failure to the department within 14 days. If the pregnant person successfully carries the child to term, the provider must report to the department the maternal and newborn health conditions at the time of birth within 14 days of the birth.


Related Legislation

Similar to HB 2274/SB 167.


Latest Action

1/31/19 – Introduced; the bill was originally introduced as the unrelated “Establishing the Unclaimed Life Insurance Benefits Act.”

4/5/19 – Amended and replaced with abortion “reversal” language by conference committee.

4/5/19 – Passed the House in an 85-35 vote; passed the Senate in a 26-11 vote.

4/22/19 – Vetoed by Democratic Gov. Laura Kelly.