Kansas
House Bill 2523 (2012)
Original
Introduction
The following version of the original bill includes amendments recommended by the Committee on Judiciary. The bill died on the legislative calendar in June, 2012.
[Administrator]
AN ACT concerning medical care facilities;
relating to abortion; sterilization; amending K.S.A.
65-443, 65-446 and 65-447 and K.S.A. 2011 Supp.
65-444 and repealing the existing sections.
Be it enacted by the Legislature of the State of
Kansas:
Section 1. K.S.A. 65-443 is hereby amended to
read as follows:
65-443
No person shall be required to perform, refer
for, or participate in medical procedures or in the prescription or administration of any
device or drug which result in the termination
of a pregnancy or an effect of which the person
reasonably believes may result in the termination of
a pregnancy, and the refusal of any person to
perform, refer for, or participate in those
medical procedures, prescription or
administration shall not be a basis for civil
liability to any person. No
hospital, hospital
medical care facility, medical care facility
administrator or governing board of any
hospital medical care facility shall terminate the
employment of, prevent or impair the practice or
occupation of or impose any other sanction on any
person because of such person's
refusal to perform or
participate in the termination of any human
pregnancy exercise of rights protected by
this section.
Sec. 2. K.S.A. 2011 Supp. 65-444 is hereby
amended to read as follows:
65-444
No hospital, hospital
medical care facility, medical care facility
administrator or governing board of any medical
care facility shall be required to permit the performance, referral for, or participation in
medical procedures or in the prescription or
administration of any device or drug which result in
the termination of human pregnancies of an
effect of which the medical care facility,
administrator or board reasonably believes may
result in the termination of human pregnancies
within its institutionfacility and the refusal
to permit such procedures, prescription or
administration shall not be grounds for civil
liability to any person. A hospital
medical care facility may
establish criteria and procedures under which
pregnancies may be terminated within its
institution, in addition to those which may be
prescribed by licensing, regulating or accrediting
agencies.
Sec. 3. K.S.A. 65-446 is hereby amended to read
as follows:
65-446
No person shall be required to perform, refer
for or participate in medical procedures which
result in sterilization of a person, and the refusal
of any person to perform, refer for or
participate in those medical procedures shall not be
a basis for civil liability to any person. No
hospital, hospital
medical care facility, medical care
facility administrator or governing board of
any hospital medical care facility shall terminate
the employment of, prevent or impair the practice or
occupation of or impose any other sanction on any
person because of his
refusal to perform or participate in such medical
procedures such person's exercise of
rights protected by this section.
Sec. 4. K.S.A. 65-447 is hereby amended to read
as follows:
65-447
No hospital, hospital
medical care facility, medical care
facility administrator, or governing board of
any medical care facility shall be required
to permit the performance, referral for or
participation in medical procedures resulting
in sterilization within its
institution facility and the refusal to permit such
procedures shall not be grounds for civil liability
to any person. A hospital
medical care facility may establish
criteria and procedures under which sterilizations
may be performed within its institution, in addition
to those which may be prescribed by licensing,
regulating or accrediting agencies.
Sec. 5. K.S.A. 65-443, 65-446 and 65-447 and
K.S.A. 2011 Supp. 65-444 are hereby repealed.
Sec. 6. This act shall take effect and be in
force from and after its publication in the statute
book.