20 January 2024
TOPEKA (KSNT) – New anti-abortion rights legislation has entered the Kansas Legislature which could lead to legal punishment to healthcare providers performing abortion services.
On Wednesday, Jan. 17 House Bill 2515 was introduced to the Legislature by Republican Representative Brett Fairchild to the Committee on Federal and State Affairs. Language in the bill aims to amend the “Born-Alive Infants Protection Act” which became law last year and provides legal protections for infants who survive an abortion. It was opposed by Governor Laura Kelly who vetoed it, calling it “misleading and unnecessary” and saying it interfered with the medical decisions made between doctors and their patients.
The amendment proposed for the act includes the creation of civil cause of action against any healthcare providers who injure a child during an attempted abortion. It also includes language stipulating the requirement of reports to be submitted to the secretary of the Kansas Department of Health and Environment (KDHE) in the event children are born alive following an abortion.
This report must include information regarding the gestational age of the child, any medical actions taken to preserve the life of the child, whether the child survived the abortion procedure or died and medical conditions of the child. The secretary of the KDHE will have the power to impose a civil fine of no more than $500 to any medical care facility which fails to send in the required report within a 30 day period.
The introduction of HB 2515 follows the re-introduction of another bill on Jan. 10 seeking to establish a near-total abortion ban in Kansas. This bill is sponsored by five Republican representatives in the Legislature and was sent to the Committee on Health and Human Services.
Kansans soundly rejected the “Value Them Both” amendment in a statewide vote in 2022 which would have given lawmakers power to pass new regulations on abortion procedures. The amendment was rejected at a vote of 37.8% “Yes” and 62.2% “No.”
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