Governor Laura Kelly this week vetoed a pair of bills relating to women’s health care.
The first, House Bill 2727, would have allowed plaintiffs to elect to limit recovery in claims brought for violations of the informed consent provisions of the Women ’s-Right-to-Know Act and would not allow parties to the suit to request the convening of a medical malpractice screening panel.
- According to a bill summary, a plaintiff, in any action brought under the Act for an alleged violation of the informed consent requirements, may elect to limit their recovery to:
- Statutory damages not to exceed $5,000;
- Reimbursement of any amounts paid by the plaintiff, or on the plaintiff’s behalf for any abortion sought or performed by the defendant; and
- Reasonable attorney fees incurred in pursuing such action.
Moreover, if a plaintiff elected to limit damages, neither party could request a medical malpractice screening panel.
Kelly claimed this was somehow the legislature attempting to involve itself in women’s health care decisions.
“Kansans have made it clear that they want the government to stay out of women’s private health care decisions,” Kelly said. “This bill is another attempt by politicians to involve themselves in these private decisions, this time by trying to intimidate health care providers.”
How exactly this bill would “intimidate” women’s health care providers by limiting damages is unclear.
Kelly also vetoed HB 2729, which also amends the Women’s Right-to-Know Act. The bill would have standardized forms and signage about the Right to Know Act and required that both state that the notification is from the Kansas Department of Health and Environment.
In other words, the bill would clarify that the informed consent information provided under the act is from the state rather than individual abortion providers and would standardize the form of the information provided.
In her veto statement, Kelly claimed it was “false information.”
“This bill requires the state to put false medical information out that has no scientific basis and only serves to mislead women,” Kelly said. “Kansans have made it clear that they want the government to stay out of women’s private health care decisions.”
What information was “false” and unscientific, Kelly did not specify.
Director of women’s health care clinic disappointed by Kelly’s veto
Megan Newman, director of Vie Medical Clinic in Pittsburg, a pregnancy resource center which routinely offers reversals of medication abortions, said she was “disappointed” by the vetoes.
“As the executive director of a pro-life pregnancy resource center, I have the privilege of serving women during some of the most critical and vulnerable moments of their lives,” Newman said in an email statement. “Every day, we meet women who are seeking not only support, but also clear, comprehensive, and truthful information about all of their options. At Vie Medical Clinic, we are committed to ensuring that each woman is fully informed. We provide education on pregnancy, parenting, and available resources, along with clarity and confidence. Our approach is grounded in compassion, respect and a belief in the inherent dignity of both the woman and her unborn child.
“[The women’s health care bills] reflected an important and widely accepted principle — that women deserve transparency in their care and accountability when informed consent standards are not met. In any area of healthcare, patients should be able to trust that they are receiving complete and accurate information, and that there are appropriate avenues if that standard is not upheld.
“While this legislation has been vetoed, the need it sought to address remains. Women deserve safeguards that ensure they are fully informed and protected throughout their healthcare experience. Our commitment remains unchanged. We will continue to walk alongside women with compassion, provide the education they deserve, and uphold every life we encounter, including the unborn. We remain dedicated to serving our community with integrity, excellence and unwavering support for both women and the lives they carry.”