Kansas HB 2741: Establishing the Kansas medical rights of conscience act to permit a healthcare provider to refuse to provide transgender healthcare services if such services violate the provider's conscience and creating a civil cause of action for violation of this act.

Bill Text

Session of 2026
HOUSE BILL No. 2741
By Committee on Health and Human Services
Requested by Representative Bryce
2-6
AN ACT concerning health professions and practices; enacting the Kansas
medical rights of conscience act; permitting a healthcare professional to
refuse to provide transgender healthcare services if such services
violate the healthcare professional's conscience; creating a civil cause
of action for violation of the act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) This act shall be known and may be cited as the Kansas
medical rights of conscience act.
(b) As used in this section:
(1) "Discriminated against" means any adverse action taken against
or any threat of adverse action communicated to any healthcare
professional as a result of such healthcare professional exercising a right
protected in this act, including, but not limited to, any penalty, disciplinary
or retaliatory action, whether executed or threatened.
(2) "Healthcare institution" means a medical care facility as defined
in K.S.A. 65-425, and amendments thereto, an adult care home as defined
in K.S.A. 39-923, and amendments thereto, outpatient or primary care
center, physician organization, healthcare professional association, private
physician's office, pharmacy, accredited medical school, approved nursing
school or other entity or location where healthcare services are performed;
(3) "Healthcare professional" means any medical care facility
administrator or governing board of any medical care facility, an
individual who is licensed or holds a temporary permit to practice issued
by the state board of healing arts, the board of nursing, the behavioral
sciences regulatory board, the Kansas dental board, the board of examiners
in optometry, the state board of pharmacy, a person who holds an
emergency medical service provider certificate issued by the board of
emergency medical services, a faculty member or student at a school of
nursing approved by the Kansas state board of nursing, a faculty member
or student at an accredited medical school or an individual who provides
healthcare services to a patient or assists in the provision of healthcare
services through the collection of a patient's biological fluids or imaging or
the administration or interpretation of tests using a patient's biological
fluids or imaging.
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HB 2741 2
(4) "State" means the same as defined in K.S.A. 75-6102, and
amendments thereto.
(c) (1) A healthcare institution or healthcare professional shall not be
required to perform, assist, counsel toward or participate in a surgical
procedure referenced by K.S.A. 65-28,139, and amendments thereto, or to
prescribe, dispense, counsel toward or administer a medication referenced
by K.S.A. 65-28,139, and amendments thereto, regardless of the patient's
age, if such procedure or medication is contrary to the established policy
of or the moral, ethical or religious beliefs of such healthcare institution or
healthcare provider.
(2) A cause of action shall not accrue against a healthcare institution
or healthcare professional on account of such person asserting a right
protected by this act. This section may be used as a defense in any
purported action related to or arising out of the exercise of a right
protected by this act.
(3) A healthcare institution or healthcare professional shall not be
denied or discriminated against in:
(A) The receipt of any public benefit, assistance or privilege
whatsoever; or
(B) any public or private employment by any means, including, but
not limited to, any adverse action related to hiring, firing, promotion,
advancement, transfer, licensing, education, training or granting of hospital
privileges or staff appointments on the grounds that such healthcare
institution or healthcare professional has exercised a right protected by this
act.
(4) A healthcare institution or healthcare provider that has been
denied or discriminated against in violation of this subsection shall have a
private cause of action against the person or entity that violated this
subsection for actual damages, injunctive relief and any other appropriate
relief. Any action commenced under this subsection shall be brought
within two years following the violation. In an action brought for a
violation of this subsection, a prevailing plaintiff shall recover damages
and the cost of the suit, including reasonable attorney fees.
(d) Nothing in this act shall be construed to allow any person or
entity to deny:
(1) Visitation;
(2) recognition of a designated representative for healthcare
decision-making; or
(3) emergency medical treatment that is necessary to cure an
illness or injury as required by law in accordance with the emergency
medical treatment and labor act, 42 U.S.C. § 1395dd, in effect on the
effective date of this act.
(e) A healthcare professional shall not be discriminated against
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