Session of 1998
By Representative Landwehr
            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.
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 K.S.A. 1997 Supp. 65-6712 is hereby repealed.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.