AN ACT relating to reproductive health care.

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AN ACT relating to reproductive health care. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 311.710 TO 311.820 IS CREATED 3
TO READ AS FOLLOWS: 4
Notwithstanding any other law to the contrary: 5
(1) As used in this section: 6
(a) "Abortion service" means: 7
1. An abortion; and 8
2. Any health care or other service related to or provided in conjunction 9
with an abortion, regardless of whether the care or service is provided 10
on one (1) visit or over the course of several visits; and 11
(b) "Seeking, obtaining, providing, or facilitating" i ncludes but is not limited 12
to: 13
1. Reviewing or researching information related to an abortion service; 14
2. Expressing interest in an abortion service; 15
3. Offering to pay or provide, or paying or providing, financial assistance 16
for an abortion service; 17
4. Using, furnishing, providing, or disseminating any information 18
related to an abortion service; 19
5. Offering to provide or providing transportation for or related to an 20
abortion service; 21
6. Recommending, referring, arranging, assisting, or providing any 22
service related to obtaining an abortion service; 23
7. Providing any health care service that is not prohibited in this 24
Commonwealth related to a pregnancy; 25
8. Otherwise taking action to assist or obtain any abortion service; or 26
9. Attempting any action under subparagraphs 1. to 8. of this paragraph; 27
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(2) (a) A person, physician, health care provider, abortion referral or counseling 1
agency, employer, or other individual or entity shall not be subject to civil 2
liability, criminal liability, or administrative investi gation for any act or 3
attempted act to aid or encourage any person in connection with seeking, 4
obtaining, providing, or facilitating an abortion service, including the 5
termination of a pregnancy that is provided outside of this Commonwealth 6
to a patient wh o resides in this Commonwealth and the abortion service is 7
lawful in the state in which it is to be provided. 8
(b) This subsection shall apply to any termination of a pregnancy as a result of 9
a patient's use of an abortion -inducing drug as defined in KRS 31 1.7731 10
provided the patient received the abortion -inducing drug outside of this 11
Commonwealth for the patient's personal and sole use, and the patient 12
ingested the abortion -inducing drug in a state other than this 13
Commonwealth; 14
(3) A medical record or other written, digital, or oral record created regarding any 15
action or attempted action protected under this section, or any information 16
contained in any record under this subsection, shall not be subject to disclosure 17
or sale for the purpose of: 18
(a) Investigating, tracking, or attempting to identify any person, physician, 19
health care provider, abortion referral or counseling agency, employer, or 20
other individual or entity; or 21
(b) A civil, criminal, or administrative investigation into or proceeding against 22
any person in connection with seeking, obtaining, providing, or facilitating 23
an abortion service; 24
(4) A physician, health care provider, or other professional licensed in this 25
Commonwealth shall not be subject to any disciplinary action, including 26
revocation, suspension, initial denial, renewal denial, limitation, or restriction of 27
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a license, reprimand, or monetary fine for any action or attempted action 1
protected under this section; 2
(5) A business or organization shall not be refused a license to operate or do business 3
in this Commonwealth, or be subject to any monetary fine, based solely upon any 4
action or attempted action protected under this section; 5
(6) A public agency or employee, representative, or agent of a public agency, shall 6
not implement or enforce any regulation or policy that may prevent, restrict, 7
impede, or provide for any retaliation against the ability of: 8
(a) Any person to travel across a state line for the purpose of obtaining an 9
abortion service that is lawful in the state in which the servi ce is to be 10
provided; or 11
(b) Any person, physician, health care provider, abortion referral or counseling 12
agency, employer, or other individual or entity to assist another person 13
traveling across a state line for the purpose of obtaining an abortion servic e 14
that is lawful in the state in which the service is to be provided; 15
(7) An action protected under this section shall not by itself constitute a violation of 16
KRS 529.100 or 529.110; 17
(8) (a) Any person who is harmed by a violation of subsections (2) to (7) of this 18
section shall have a civil cause of action for actual and punitive damages, 19
court costs, and reasonable attorney's fees against the alleged violator. 20
(b) The civil action provided for in paragraph (a) of this subsection may be filed 21
in the Circuit Court for the county where the alleged violation occurred or 22
the county where the plaintiff resides. 23
(c) Any person found liable under this subsection shall be jointly and severally 24
liable with each other person found liable under this subsection for the 25
damages arising from the same violation. 26
(d) For purposes of this subsection, the Comm onwealth waives immunity for 27
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equitable and declaratory relief, and for any award of monetary damages, 1
costs, or attorney's fees; and 2
(9) This section shall not be construed to create a right to the performance of an 3
abortion in this Commonwealth that is ot herwise prohibited by the laws of this 4
Commonwealth. 5