Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


March 30, 2023
REVISED

The Honorable Mike Thompson, Chairperson
Senate Committee on Federal and State Affairs
300 SW 10th Avenue, Room 144-S
Topeka, Kansas 66612
Dear Senator Thompson:
SUBJECT: Revised Fiscal Note for SB 286 by Senate Committee on Federal and State
Affairs
In accordance with KSA 75-3715a, the following revised fiscal note concerning SB 286 is
respectfully submitted to your committee.
SB 286 would prohibit abortions from being performed or induced, or attempted to be
performed or induced, except when necessary to preserve the life of a pregnant woman in a medical
emergency. The bill would also specify it would be unlawful for any person to manufacture,
distribute, prescribe, dispense, sell, give, or otherwise provide certain abortifacient drugs for the
purpose of inducing an abortion in violation of the prohibition. Current statutory provisions related
to abortions would be amended to be consistent with the bill’s provisions. The bill would specify
the prohibitions would also be in effect at any hospitals or clinics under the University of Kansas
Hospital Authority. Violation of provisions of the bill would be enforced exclusively through the
private civil enforcement actions outlined in the bill. The bill would include definitions and
clarifications for several terms, including “abortion,” “imminent harm,” “medical emergency,”
“miscarriage,” and “unborn child” and would also update the terms throughout statute to reference
the new definitions.
According to the Kansas Board of Pharmacy, enactment of SB 286 could increase the
number of complaints, investigations, questions, and discipline associated with this bill, which
could also translate into an increase in the number of disciplinary cases against pharmacists.
Complaints could be related to problems with availability and dispensing for authorized purposes
without implicating unlawful dispensations. The Board states it is unknown whether complaints
would be outside their jurisdiction, but administrative and investigative staff and resources may
still be necessary for the agency to appropriately respond. The Board states there are also other
The Honorable Mike Thompson, Chairperson
Page 2—REVISED SB 286

implications that are difficult to estimate as the bill could create conflict and confusion between
availability of medications in different states as many pharmacists carry multi state licenses and
many non-resident pharmacies provide pharmacy services to Kansas patients. There could also be
conflict and confusion created in dispensing valid prescriptions because medication and
prescription orders do not include diagnosis codes or prescriber rationale. The total fiscal effect
related to passage of the bill could not be estimated.
Since the original fiscal note was issued, the Office of the Attorney General has provided
information on the fiscal effect of this bill. The agency states that like any law, the measure could
be challenged in state or federal court, and such challenges could span several levels of appeal
over the course of multiple fiscal years. The agency is unable to estimate a fiscal effect as there is
no way to determine if there would be challenges to the law, or the success or failure of efforts to
defend the law. The Office of Judicial Administration states enactment of SB 286 could increase
the number of cases filed in district court because it creates allows for civil actions to be filed for
any alleged violations of the provisions of the bill, which could result in more time spent by district
court judicial and nonjudicial personnel processing, researching, and hearing these cases. The
Office estimates enactment of the bill could result in the collection of docket fees assessed in those
cases filed under the bill’s provisions. According to the Office, a fiscal effect cannot be estimated.
The Kansas State Board of Healing Arts states that any additional costs related to passage
of the bill will be handled within existing resources. The Kansas Department of Health and
Environment, the Department of Revenue, and the University of Kansas Medical Center state the
bill would not result in a fiscal effect on the operations of any of the respective agencies. Any
fiscal effect associated with SB 286 is not reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Susan Gile, Board of Healing Arts
Alexandra Blasi, Board of Pharmacy
Vicki Jacobsen, Judiciary
Jeff Dewitt, University of Kansas
Amy Penrod, Department of Health & Environment
Lynn Robinson, Department of Revenue


Statutes affected:
As introduced: 60-1906, 65-2401, 65-2837, 65-6731, 75-3701, 65-67a01, 65-425, 76-3308, 79-32, 79-3606