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HB 2353

Requiring that certain written information be provided to patients when a physician or healthcare provider administers or prescribes any medicine or drug for the purpose of inducing an abortion.

2025-2026 Regular Session

HB 2353 would require a written notice to patients using abortion-inducing medicines, outlining complications and liability, increasing lawsuits and complaints.

Died in Committee
#abortion #healthandhealthcare
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Bill Summary · HB 2353

Summary — HB 2353 (Introduced, 2025)

Status: Introduced Feb. 3, 2025; referred to the House Committee on Judiciary. Fiscal note issued Feb. 26, 2025. Companion: SB 3042.

Main purpose

Require that any physician or healthcare provider who prescribes, dispenses, or administers medication intended to induce an abortion must give the patient a specific written notice about potential complications, legal accountability, and the patient’s right to disclose the medication to emergency/treating providers.

Key provisions

  • Mandatory written notice. Any physician or healthcare provider who prescribes, dispenses, or administers any medicine or drug for the purpose of inducing an abortion must provide the patient a written notice that, in full, reads:

"NOTICE TO PATIENTS HAVING MEDICATION ABORTIONS:
If you decide to take any abortion-inducing medicine or drug to end your pregnancy, the state of Kansas wants you to be aware that you and your family may hold the manufacturer, distributor and your physician or healthcare provider financially accountable should you die, suffer injury, complication or any debilitating side effects, or should the physician or healthcare provider fail to address side effects, or should the medication fail to work such that your pregnancy continues, resulting in an incomplete abortion or in your being required to undergo surgical intervention.
You and your family may also hold the abortion-inducing medicine or drug provider, the physician or healthcare provider or an agent of the abortion-inducing medicine or drug provider, physician or healthcare provider accountable for failing to inform you of complications.
If you experience complications and are in need of emergency care or a hospital visit, you have the right to tell the physician or healthcare provider treating the complications that you have had an abortion-inducing medicine or drug. Providing this information will not result in any criminal or civil penalty and will further help save your life."

  • Definitions. The terms "abortion" and "physician" are to be defined as in K.S.A. 65-6701 (and any subsequent amendments).

  • Effective date. The act takes effect upon its publication in the statute book.

Who is affected

  • Primary: patients receiving medication abortions; physicians and other healthcare providers who prescribe, dispense, or administer abortion-inducing drugs.
  • Secondary: drug manufacturers and distributors (named in the notice as potentially financially accountable); hospitals and emergency clinicians who may be informed of prior medication abortion use.
  • State agencies: Attorney General, Kansas State Board of Healing Arts, Kansas Board of Pharmacy may see related complaints or enforcement actions.

Fiscal and administrative impacts

  • Fiscal note (Kansas Division of the Budget, Feb. 26, 2025) reports an Attorney General estimate of potential adverse litigation and recommends budgeting at least $500,000 from the State General Fund in FY 2026 and FY 2027 to defend the law.
  • The Office of Judicial Administration indicated no expected fiscal effect on the Judicial Branch.
  • The Board of Healing Arts anticipates it could receive complaints related to the law but expects to handle them within existing resources. The Board of Pharmacy does not anticipate a fiscal effect.
  • The fiscal effect is not included in the FY 2026 Governor’s Budget Report.

Procedural/timeline notes

  • Filed/introduced in early February 2025 and referred to the House Judiciary Committee. A fiscal note was issued Feb. 26, 2025. Further committee action (hearings/subcommittee consideration) was scheduled per legislative calendar; bill remains in committee at the time of this summary.

Potential practical effects (summary observations)

  • Imposes a specific disclosure obligation tied to medication abortions.
  • Could increase perceived liability exposure for providers and suppliers by expressly notifying patients of potential legal accountability.
  • May lead to increased administrative complaints or litigation challenging the statute or its application — as noted by the Attorney General’s fiscal estimate.

Compiled from official sources — confirm details with the bill’s official record.

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