SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2439
As Recommended by House Committee on
Health and Human Services

Brief*
HB 2439 would amend the Woman’s Right-to-Know Act
to add provisions to require certain notifications be posted in
facilities where medication abortions that use mifepristone are
provided and be given by physicians providing such
abortions. The bill would provide relevant definitions and
create civil and criminal penalties for violating the notification
requirements.

Definitions
The bill would define the following terms:
● “Abortion” would mean the same as defined in KSA
65-6701: “the use or prescription of any instrument,
medicine, drug, or any other substance or device to
terminate the pregnancy of a woman known to be
pregnant with an intention other than to increase
the probability of a live birth, to preserve the life or
health of the child after live birth, or to remove a
dead unborn child who died as the result of natural
causes in utero, accidental trauma, or a criminal
assault on the pregnant woman or her unborn
child, and which causes the premature termination
of the pregnancy”;


____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● “Medication abortion” would mean the use or
prescription of any drug for the purpose of inducing
an abortion; and
● “Medical emergency” would mean the same as
defined in KSA 65-6701: “a condition that, in
reasonable medical judgment, so complicates the
medical condition of the pregnant woman as to
necessitate the immediate abortion of her
pregnancy to avert the death of the woman for
which a delay necessary to comply with the
applicable statutory requirements will create
serious risk of substantial or irreversible physical
impairment of a major bodily function. No condition
would be deemed a medical emergency if based
on a claim or diagnosis that the woman would
engage in conduct which would result in her death
or substantial and irreversible physical impairment
of a major bodily function.”
Notification Requirements
The bill would require any private office, freestanding
surgical outpatient clinic, hospital, or other facility or clinic
where medication abortions that use mifepristone are
provided to post a conspicuous sign that is clearly visible to
patients, that is printed with lettering that is legible and at
least 3/4 of an inch boldfaced type, and that would read as
follows:
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

2- 2439
 get immediate help by accessing available
resources.
The bill would require the notice to include information
about the Kansas Department of Health and Environment
(KDHE) website required by continuing law and other relevant
telephone and internet resources containing information on
where the patient can obtain timely assistance to attempt to
reverse the medication abortion.
Facilities
The bill would require any private office or freestanding
surgical outpatient clinic where medication abortions that use
mifepristone are provided to post the sign in each patient
waiting room and patient consultation room used by patients
for whom medication abortions are provided.
A hospital or other facility where medication abortions
that use mifepristone are provided that is not a private office
or freestanding surgical outpatient clinic would be required to
post the sign in each patient admission area used by patients
for whom medication abortions that use mifepristone are
provided.
A pharmacy where mifepristone is prescribed,
dispensed, or administered for the purpose of inducing a
medication abortion would be required to post the sign in
each area inside the premises where customers are provided
prescription medications and on the exterior of the premises
in the area where customers are provided prescription
medications via a drive-through window.
Physician
Except in the case of a medical emergency, the bill
would prohibit a physician from providing, inducing, or
attempting to provide or induce a medication abortion that
uses mifepristone without informing the woman, in writing as

3- 2439
prescribed in the Woman’s Right-to-Know Act and by
telephone or in person, at least 24 hours prior to the
medication abortion, of the following:
● It may be possible to reverse the intended effects
of a medication abortion that uses mifepristone, if
the woman changes her mind, but that time is of
the essence;
● Information on reversing the effects of a medication
abortion that uses mifepristone would be available
on the KDHE website, as required by law, and
other relevant telephone and internet resources
containing information on where the patient could
obtain timely assistance to attempt to reverse the
medication abortion.
The bill would require, after a physician dispenses or
provides an initial administration of mifepristone to a patient
for the purposes of performing a medication abortion, the
physician or an agent of the physician to provide a legible,
written notice to the patient that includes the same
information stated above.
The bill would require, when a medical emergency
compels the performance of a medication abortion that uses
mifepristone, the physician to inform the woman, prior to the
medication abortion, if possible, of the medical indications
supporting the physician’s judgment an abortion would be
necessary to avert the woman’s death or a 24-hour delay
would create serious risk of substantial and irreversible
impairment of a major bodily function, excluding
psychological or emotional conditions.
KDHE Website
The bill would require, within 90 days after the effective
date of the bill, KDHE to cause to be published
comprehensible materials designed to inform women of the
possibility of reversing the effects of a medication abortion
4- 2439
that uses mifepristone and information on resources available
to reverse the effects of a medication abortion that uses
mifepristone. The bill would require publication in English and
in each language that is the primary language of 2.0 percent
or more of the state’s population, in print and on the website
required by law. The bill also would require the website to
include other relevant telephone and internet resources
containing information on where the patient could obtain
timely assistance to attempt to reverse the medication
abortion.

Criminal Penalties
The bill would provide that upon a first conviction of a
violation of failing to provide notification as outlined in the bill,
a person would be guilty of a class A person misdemeanor
and upon second or subsequent conviction of such violation,
a person would be guilty of a severity level 10, person felony.

Civil Penalties
The bill would require KDHE to assess a fine of $10,000
to any private office, freestanding surgical outpatient clinic,
hospital, or other clinic or facility that fails to post the sign.
Each day the required sign is not posted would be a separate
violation. KDHE would be required to remit all moneys
received from fines to the State Treasurer for deposit to the
credit of the State General Fund.

Civil Action
The bill would allow the following individuals to bring a
civil action against a physician who provided a medication
abortion using mifepristone in violation of the provisions in the
bill for actual damages, exemplary and punitive damages,
and any other appropriate relief:

5- 2439
 ● A woman to whom such medication abortion has
been provided;
● The father of the unborn child who was subject to
such medication abortion; or
● Any grandparent of the unborn child who was
subject to such medication abortion, if the woman
was not 18 years of age or older at the time the
medication abortion was performed or if the woman
died as a result of the medication abortion.
The bill would require such civil action be commenced
within two years after the later of:
● The date of the discovery of the violation; or
● The conclusion of a related criminal case.
A court would be required to award reasonable attorney
fees and costs to a prevailing plaintiff or a prevailing
defendant upon a finding that the action was frivolous and
brought in bad faith.

Anonymity
In any civil or criminal proceeding or action brought
under the provisions of bill, the bill would require the court to
rule whether the anonymity of any woman to whom a
medication abortion has been provided, induced, or
attempted to be provided or induced would be preserved from
public disclosure, if she does not give her consent to such
disclosure.
The bill would require the court, upon motion of a party
or on its own accord, to make such a ruling and, upon
determining the woman’s anonymity should be preserved, to
issue orders to the parties, witnesses, and counsel and to
direct the sealing of the record and exclusion of individuals

6- 2439
from courtrooms or hearing rooms to the extent necessary to
safeguard the woman’s identity from public disclosure. The
bill would require each such order to be accompanied by
specific written findings explaining why the anonymity of the
woman should be preserved from public disclosure, why the
order is essential to that end, how the order is narrowly
tailored to serve that interest, and why no reasonable less
restrictive alternative exists. In the absence of written consent
of the woman to whom a medication abortion has been
provided, induced, or attempted to be provided or induced,
any person, other than a public official, who brings an action
under this section would be required to do so under a
pseudonym. The bill would state these provisions are not to
be construed to conceal the identity of the plaintiff or
witnesses from the defendant.

Severability Clause
The bill would declare its provisions to be severable, to
provide that if any provision of the bill, or any application of it
to any person or circumstance, is held to be invalid by court
order, the invalidity would not affect the remainder of the
provisions and any application thereof.

Woman’s Right-to-Know Act
The bill’s provisions would be included in the Woman’s
Right-to-Know Act.

Background
The bill was introduced by the House Committee on
Federal and State Affairs at the request of Representative
Humphries.


7- 2439
House Committee on Health and Human Services
In the House Committee hearing, proponent testimony
was provided by a private citizen physician and
representatives of Kansans for Life and Kansas Family Voice,
who generally stated the bill would ensure women who begin
a medication abortion are provided information about
protocols for abortion pill reversal.
Written-only proponent testimony was provided by two
private citizen physicians and a representative of the Kansas
Catholic Conference.
Written-only opponent testimony was provided by two
private citizen physicians and representatives of Planned
Parenthood Great Plains Votes and Trust Women
Foundation.
No other testimony was provided.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, KDHE indicates its enactment would
result in additional expenditures of $21,250 in FY 2023 and
$85,000 in FY 2024, all from the State General Fund, as well
as 1.00 new FTE position. The agency would be required to
update and print Woman’s Right-to-Know materials and no
funds are currently allocated for this purpose. The agency
also notes it does not have a program to issue the civil
penalty and is without a way to investigate or verify facility
compliance with the provisions of the bill. KDHE would
require 1.00 FTE position to monitor the facilities and fulfill the
requirements of the bill. The agency estimates $85,000 for
salaries and wages, as well as administrative and printing
costs. The FY 2023 amount is estimated for three months of
expenditures and would be needed to ensure compliance
when the bill becomes effective in FY 2024. The revenue
generated by fines for violations of provisions of the bill would
8- 2439
be deposited to the State General Fund and the total revenue
could not be estimated.
The Office of Judicial Administration states enactment of
the bill could increase the number of cases filed in district
court because it would create a new crime and also allows for
civil suits to be filed, which could result in more time spent by
district court judicial and non-judicial personnel processing,
researching, and hearing these cases. The bill could also
require more supervision of offenders to be performed by
court services officers. The Office estimates enactment of the
bill could result in the collection of docket fees and fines
assessed in those cases filed under the bill’s provisions.
According to the Office, a fiscal effect cannot be estimated.
The Office of the Attorney General states that the
measure could be challenged in state or federal court, but a
fiscal effect could not be estimated.
The Kansas State Board of Healing Arts reports that the
bill could result in some actionable complaints, but these
would be handled within existing resources. The Kansas
Board of Pharmacy states the bill would not result in a fiscal
effect on agency operations.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2024 Governor’s Budget Report.

Abortion; medication abortion; mifepristone; informed consent; Woman’s Right-to-
Know Act; Kansas Department of Health and Environment


9- 2439


Statutes affected:
As introduced: 65-6708