Text of KS HB 2741 (2026)

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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 HB 2741 3 by the state, an employer, healthcare institution or other person because such healthcare professional: (1) Provided, caused to be provided, is about to provide or is about to cause to be provided information relating to any act or omission that the healthcare professional reasonably believes to be a violation of any provision of this act to: (A) Such healthcare professional's employer; (B) the attorney general; (C) any state agency charged with protecting healthcare rights of conscience; (D) the United States department of health and human services, office for civil rights; or (E) any other federal agency charged with protecting healthcare rights of conscience; or (2) testified, assisted, participated or is about to testify, assist or participate in a proceeding concerning such violation. (f) The state, including, but not limited to, the Kansas department of health and environment, the board of healing arts, the Kansas state board of nursing or any other department or board regulating the practice of a medical procedure, treatment or service in the state shall not take, fail to take, threaten to take or threaten to fail to take any action against a healthcare professional or harass or in any other manner discriminate or retaliate against such healthcare professional for engaging in speech, expression or association that is protected from government interference by the first amendment to the constitution of the United States, unless the state, state agency or board demonstrates by clear and convincing evidence that the healthcare professional's speech, expression or association was the direct cause of physical harm to a person with whom the healthcare professional had a practitioner-patient relationship within the three years immediately preceding the incident of physical harm. (g) A healthcare provider that has been aggrieved by a violation of subsection (d) or (e) shall have a private cause of action 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. Sec. 2. This act shall take effect and be in force from and after its publication in the statute book. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39