SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 297
As Recommended by Senate Committee on
Public Health and Welfare

Brief*
SB 297 would amend the definition of abortion and
would adopt the definition of abortion uniformly for statutes
pertaining to insurance coverage for elective abortions,
abortion facility licensure, abortion of a pain-capable unborn
child, the Kansas Unborn Child Protection from
Dismemberment Abortion Act, and general abortion statutes
addressing viability, restrictions and prohibitions, and
information to be provided. The bill would clarify certain
medical procedures and the prescription, dispensing,
administration, sale, or use of any method of contraception
would not to be considered an abortion.

Definitions
The bill would define ”abortion” in multiple statutes to be
the same as in KSA 65-6701, a public health statute, which
the bill would amend to “the use or prescription of any
instrument, medicine, drug, or any other mean to terminate
the pregnancy of a woman knowing that such termination will,
with reasonable likelihood, result in the death of an unborn
child.”
The bill also would replace the definition of “medical
emergency” in several statutes with a reference to the
definition in KSA 65-6701.

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*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
Exemptions to Abortion
The bill would add to the definition of abortion that the
use or prescription of any instrument, medicine, drug, or any
other means to terminate the pregnancy of a woman would
not mean an “abortion” when done with the intent to:
● Preserve the life or health of the unborn child;
● Increase the probability of a live birth;
● Remove a dead unborn child who died as a result
of natural causes in utero, accidental trauma, or a
criminal assault on the pregnant woman or the
unborn child; or
● Remove an ectopic pregnancy.
The bill would affirmatively state that “abortion” would
not include the prescription, dispensing, administration, sale,
or use of any method of contraception.
The bill would make technical amendments to ensure
consistency in statutory phrasing.

Background
The bill was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator Erickson.

Senate Committee on Public Health and Welfare
In the Senate Committee hearing on March 20, 2023,
proponent testimony was provided by a representative of
Kansas Family Voice, who generally stated the bill would
ensure women receive the health care needed when
pregnant.

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 Written-only proponent testimony was provided by
Representative Humphries and representatives of Kansas
Catholic Conference and Kansans for Life.
No other testimony was provided.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, the Kansas State Board of Healing Arts
states that enactment of the bill could result in actionable
complaints, but the fiscal effect cannot be estimated. The
agency anticipates that it would handle any additional
workload within existing resources. The Office of Judicial
Administration reports that enactment of the bill would have a
negligible effect on expenditures and revenues for the
Judicial Branch. The Office of the Attorney General 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 whether there would be challenges to the law, or
the success or failure of efforts to defend the law.
According to the Board of Nursing, Kansas Insurance
Department, Kansas Department of Health and Environment,
and Behavioral Sciences Regulatory Board, enactment of the
bill would not result in a fiscal effect on the operations of any
of the respective agencies. Any fiscal effect associated with
the bill is not reflected in The FY 2024 Governor’s Budget
Report.
Abortion; dismemberment abortion; medical emergency; women’s health care;
contraception


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Statutes affected:
As introduced: 40-2, 65-4a01, 65-6701, 65-6723, 65-6742