Kansas Bill Amending Telemedicine Ban (HB 2228)

HB 2228 amends Kansas’ telemedicine ban (SB 36 codified at K.S.A. § 65-4a10) to clarify that only the initial dose of mifepristone must be administered in the presence of a physician.

The law is intended to settle litigation regarding SB 36, which could be interpreted to require that a pregnant person make a second trip to see a physician for administration of the second dose of mifepristone.

In addition, the bill also adds an exception for medical emergencies and for abortions performed in a hospital through inducing labor.

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STATUS

This bill was approved by Gov. Brownback on June 5, 2015.

Update #1

On December 31, 2018, Judge Theis ruled that his 2011 order blocking SB 36 also blocked 2015’s HB 2228, calling his 2011 order blocking the ban a “safe harbor” for the Plaintiff abortion provider (see Hodes & Nauser v. Moser, which is still pending; and Trust Women Foundation, Inc. v. Schmidt).

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Legal Cases

• Trust Women Foundation, Inc. v. Schmidt
• Hodes & Nauser v. Schmidt