Session of 1998
HOUSE BILL No. 2923
By Representative Landwehr
2-13
9
AN ACT concerning abortion; relating to the
woman's right to know act;
10 amending K.S.A. 1997
Supp. 65-6712 and repealing the existing
11 section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
1997 Supp. 65-6712 is hereby amended to read as
15 follows: 65-6712. (a) Any physician
who intentionally, knowingly or reck-
16 lessly fails to provide informed consent
pursuant to the woman's-right-
17 to-know act is guilty of unprofessional
conduct as defined in K.S.A. 65-
18 2837, and amendments thereto.
19 (b) In addition to
all other remedies available under law, failure to
20 comply with the requirements of the
woman's right-to-know act shall:
21 (1) Create a civil
cause of action:
22 (A) If an intentional
or negligent failure of a physician to comply with
23 the provisions of the woman's
right-to-know act is proven by a prepon-
24 derance of the evidence, the court shall
award to the aggrieved party a
25 civil penalty in an amount of not less
than $10,000 and not more than
26 $250,000.
27 (B) if the aggrieved
party prevails in whole or in part in any action
28 under the woman's right-to-know act, the
court shall award to the ag-
29 grieved party reasonable attorney fees,
expenses and costs, including those
30 on appeal;
31 (C) when requested,
the court shall allow an aggrieved party to pro-
32 ceed using solely initials or a
pseudonym and may close any proceedings
33 in the case and enter other protective
orders to preserve the privacy of
34 the aggrieved party; and
35 (2) provide a cause
of action for recovery for the woman for the death
36 of her unborn child, whether or not the
unborn child was viable at the
37 time the abortion was performed or was
born alive.
38 Sec. 2. K.S.A. 1997
Supp. 65-6712 is hereby repealed.
39 Sec. 3. This act
shall take effect and be in force from and after its
40 publication in the statute book.
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