AN ACT relating to the use of pharmaceuticals to intentionally terminate life.

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AN ACT relating to the use of pharmaceuticals to intentionally terminate life. 1
WHEREAS, the Commonwealth of Kentucky has long recognized a compelling 2
state interes t in the protection of human life at all states, born and unborn, and has 3
enacted laws prohibiting assisted suicide, euthanasia, and the intentional termination of 4
the life of an unborn child; and 5
WHEREAS, the laws of this Commonwealth expressly prohibit assisted suicide and 6
the intentional provision of drugs or other means to cause or hasten the death of another 7
person, reflecting this Commonwealth's commitment to preserving life, safeguarding 8
vulnerable populations, and upholding ethical standards in medicine and pharmacy; and 9
WHEREAS, the laws of this Commonwealth further prohibit the termination of the 10
life of an unborn child and strictly regulate abortion -inducing drugs, recognizing the 11
inherent dignity of human life and the significant medical, psychol ogical, and societal 12
harm associated with chemical abortion; and 13
WHEREAS, pharmaceutical agents capable of terminating human life, including 14
abortion-inducing drugs and drugs used for assisted suicide or euthanasia, pose unique 15
risks of coercion, misuse, t rafficking, and exploitation, particularly when distributed 16
outside of the traditional physician-patient relationship; and 17
WHEREAS, pregnant women and families, minors, elderly persons, individuals 18
with disabilities, and those experiencing mental or emotio nal distress are particularly 19
vulnerable to deceptive marketing practices, coercion, and undue influence involving 20
pharmaceuticals intended to terminate life; and 21
WHEREAS, aggressive marketing and distribution of such life -terminating drugs 22
by out -of-state or international entities, often through social media platforms, internet 23
advertising, chat applications, and other digital communications, target residents of the 24
Commonwealth and circumvent the laws and medical safeguards of this Commonwealth; 25
and 26
WHEREAS, "medical aid in dying" or physician -assisted suicide, has been 27
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legalized in certain other jurisdictions, including multiple states, the District of Columbia, 1
and Canada, creating a substantial risk that residents of Kentucky may be targeted for 2
unlawful solicitation, importation, or distribution of drugs intended to cause death; and 3
WHEREAS, the General Assembly finds it necessary and proper to protect the 4
citizens of this Commonwealth from the unlawful trafficking, importation, prescription, 5
and promotion of pharmaceuticals intended to terminate human life, and to ensure that 6
the laws of this Commonwealth are not undermined by conduct originating outside the 7
Commonwealth; and 8
WHEREAS, the General Assembly further finds that when a person or entity 9
knowingly directs conduct toward residents of the Commonwealth, and knowingly places 10
pharmaceuticals into the stream of commerce with a substantial likelihood that those 11
pharmaceuticals will be used within the Commonwealth, the resulting harms justify the 12
exercise of the Commonwealth's lawful authority to protect the health, safety, and human 13
life of the citizens of this Commonwealth; 14
NOW, THEREFORE, 15
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 16
Section 1. KRS 218A.100 is amended to read as follows: 17
The cabinet[ for Health and Family Services] shall place a substance in Schedule IV if: 18
(1) It finds that: 19
(a)[(1)] The substance has a low potential for abuse relative to substances in 20
Schedule III; 21
(b)[(2)] The substance has currently accepted medical use in treatment in the 22
United States; and 23
(c)[(3)] Abuse of the substance may lead to limited physical dependence or 24
psychological dependence relative to the substances in Schedule III; or 25
(2) The substance is an abortion-inducing drug as defined in KRS 311.7731. 26
Section 2. KRS 218A.1413 is amended to read as follows: 27
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(1) A person is guilty of trafficking in a controlled substance in the second degree 1
when: 2
(a) He or she knowingly and unlawfully traffics in: 3
1. Ten (10) or more dosage units of a controlled substance classified in 4
Schedules I and II that is not a narcotic drug; or specified in KRS 5
218A.1412, and which is not a synthetic drug, salvia, or marijuana; or 6
2. Twenty (20) or more dosage units of a controlled substance classified in 7
Schedule III; 8
(b) He or she knowingly and unlawfully prescribes, distributes, supplies, or sells 9
an anabolic steroid for: 10
1. Enhancing human performance in an exercise, sport, or game; or 11
2. Hormonal manipulation intended to increase muscle mass, strength, or 12
weight in the human species without a medical necessity;[ or] 13
(c) He or she knowingly and unlawfully traffics in any quantity of a controlled 14
substance specified in paragraph (a) of this subsection in an amount less than 15
the amounts specified in that paragraph; or 16
(d) He or she knowingly and unlawfully prescribes, distributes, supplies, sells, 17
or traffics in any quantity of an abortion -inducing drug as defined in KRS 18
311.7731. 19
(2) (a) Except as provided in paragraph (b) of this subsection, any person who 20
violates the provisions of subsection (1) of this section shall be guilty of a 21
Class D felony for the first offense and a Class C felony for a second or 22
subsequent offense. 23
(b) Any person who violates the provisions of subsection (1)(c) or (d) of this 24
section shall be guilty of: 25
1. A Class D felony for the first offense, except that KRS Chapter 532 to 26
the contrary notwithstanding, the maximum sentence to be imposed 27
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shall be no greater than three (3) years; and 1
2. A Class D felony for a second offense or subsequent offense. 2
Section 3. KRS 218A.1415 is amended to read as follows: 3
(1) A person is guilty of possession of a controlled substance in the first degree when 4
he or she knowingly and unlawfully possesses: 5
(a) A controlled substance that is classified in Schedules I or II and is a narcotic 6
drug; 7
(b) A controlled substance analogue; 8
(c) Methamphetamine; 9
(d) Lysergic acid diethylamide; 10
(e) Phencyclidine; 11
(f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of 12
isomers, and analogues;[ or] 13
(g) Flunitrazepam, including its salts, isomers, and salts of isomers; or 14
(h) An abortion-inducing drug. 15
(2) Possession of a controlled substance in the first degree is a Class D felony subject 16
to the following provisions: 17
(a) The maximum term of incarceration shall be no greater than three (3) years, 18
notwithstanding KRS Chapter 532; 19
(b) For a person's first or second offense under this section, he or she may be 20
subject to a period of: 21
1. Deferred prosecution pursuant to KRS 218A.14151; or 22
2. Presumptive probation; 23
(c) Deferred prosecution under paragraph (b) of this subsection shal l be the 24
preferred alternative for a first offense unless the controlled substance is an 25
abortion-inducing drug; and 26
(d) If a person does not enter a deferred prosecution program for his or her first or 27
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second offense, he or she shall be subject to a perio d of presumptive 1
probation, unless: 2
1. A court determines the defendant is not eligible for presumptive 3
probation as defined in KRS 218A.010; or 4
2. The controlled substance is an abortion-inducing drug. 5
(3) This section shall not be construed to subject a pregnant woman in possession of 6
an abortion -inducing drug for her personal use to any criminal conviction or 7
penalty under this section. 8
(4) As used in this section, "abortion -inducing drug" has the same meaning as in 9
KRS 311.7731. 10
SECTION 4. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 11
READ AS FOLLOWS: 12
(1) A person is guilty of importing an abortion -inducing drug when he or she 13
knowingly and unlawfully transports any quantity of an abortion -inducing drug 14
into the Comm onwealth by any means with the intent to sell or distribute the 15
abortion-inducing drug. 16
(2) Importing an abortion-inducing drug is a Class D felony, and the defendant: 17
(a) Shall not be eligible for pretrial diversion; and 18
(b) Shall not be released on probation, shock probation, conditional discharge, 19
or parole until he or she has served at least eighty -five percent (85%) of the 20
sentence imposed. 21
(3) As used in this section, "abortion -inducing drug" has the same meaning as in 22
KRS 311.7731. 23
Section 5. KRS 216.302 is amended to read as follows: 24
(1) A person is guilty of assisted suicide when he or she: 25
(a) [commits a Class C felony when the person ] Knowingly by force or duress 26
causes another person to commit or to attempt to commit suicide; or[.] 27
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(b) [(2) A person commits a Class D felony when the person, ] With the purpose 1
of assisting another person to commit or to attempt to commit suicide, 2
knowingly and intentionally either: 3
1.[(a)] Provides the physical means , including any drug, medication, or 4
other substance by which another person commits or attempts to 5
commit suicide; or 6
2.[(b)] Participates in a physical act by which another person commits or 7
attempts to commit suicide. 8
(2) Assisted suicide is a Class B felony. 9
SECTION 6. A NEW SECTION OF KRS 216.300 TO 216.308 IS CREATED 10
TO READ AS FOLLOWS: 11
(1) A person is guilty of medically assisted aid in dying when he or she: 12
(a) Prescribes, dispenses, provides, administers, or assists in the administration 13
of any drug, medication, or other substance knowing that the drug, 14
medication, or other substance will be used to cause or hasten the death of 15
another person; 16
(b) Participates in or assists in any manner or form relating to the use of any 17
drug, medication, or other substance knowing that the drug, medication, or 18
other substance will be used to cause or hasten the death of another person; 19
or 20
(c) Coerces, encourages, or pressures another person to request any drug, 21
medication, or other substance knowing that the drug, medication, or other 22
substance will be used to cause or hasten a person's death. 23
(2) Medically assisted aid in dying is a Class B felony. 24
(3) Any contract, agreement, or provision, including advance directives, insurance 25
policies, or surrogacy arrangements that would require or permit medically 26
assisted aid in dying shall constitute a violation of this section. 27
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(4) This section shall not prohibit: 1
(a) The pro vision of appropriate pain management, including the use of 2
medication necessary to alleviate pain or suffering, even if the treatment 3
may foreseeably, but not intentionally, shorten life; 4
(b) The withholding or withdrawal of extraordinary or disproportion ate 5
medical treatment that is futile or burdensome, provided basic care 6
including food, water, and comfort continue to be offered; 7
(c) Providing palliative care, hospice services, and spiritual support that uphold 8
the dignity of the person until natural death; or 9
(d) Compliance with the desires expressed in a medical order for scope of 10
treatment under KRS 311.6225 or a living will directive under KRS 311.623. 11
(5) (a) Whenever the death of a person results from a violation of any provision of 12
this section, d amages may be recovered for the death from the person who 13
caused it, or whose agent or servant caused it. 14
(b) The action shall be prosecuted by the personal representative of the 15
deceased. 16
(c) Damages shall include: 17
1. Funeral expenses; 18
2. The cost of administration of the estate of the decedent; 19
3. The costs of recovery, including attorney's fees and the services of 20
expert witnesses, and any other costs incurred in the bringing of the 21
action; 22
4. Punitive damages; and 23
5. Any other damages allowed by law. 24
Section 7. KRS 216.308 is amended to read as follows: 25
The licensing agency which issued a license or certification to a licensed health care 26
professional who assists in a suicide in violation of Section 5 o f this Act or violates 27
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Section 6 of this Act shall [KRS 216.302 may] revoke the license or certification of that 1
person upon receipt of: 2
(1) A copy of the record of the criminal conviction or plea of guilty for a felony 3
in violation of Section 5 or 6 of this Act[KRS 216.302]; or 4
(2) A copy of the record of a judgment of contempt of court for violating an 5
injunction issued pursuant to KRS 216.306. 6
SECTION 8. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 7
READ AS FOLLOWS: 8
(1) In addition to any other remedy provided by law, any person or entity that: 9
(a) Mails or sends by common carrier any abortion -inducing drug to an 10
address in this Commonwealth or to a person in this Commonwealth; 11
(b) Intentionally places an abortion-inducing drug into the stream of commerce 12
when the person or entity knows or reasonably should know there is a 13
substantial likelihood that the abortion -inducing drug will be used in this 14
Commonwealth, or mailed or sent by common carrier to an address or 15
person in this Commonwealth; or 16
(c) Knowingly prescribes an abortion -inducing drug to a person in this 17
Commonwealth, regardless of whether the prescriber was in this 18
Commonwealth or knew the recipient was in this Commonwealth; 19
shall be liable for compensatory a nd punitive damages, court costs, and 20
reasonable attorney's fees in a civil cause of action brought by the pregnant 21
woman or her spouse, parent or legal guardian if she is a minor, next friend or 22
guardian, or estate. 23
(2) The action may be filed in the Circ uit Court of the county where the alleged 24
violation occurred or the county where the plaintiff resides. 25
(3) Any person or entity found liable under this section shall be jointly and severally 26
liable with each other person or entity, if any, found liable un der this section for 27
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the damages arising from the same violation under subsection (1) of this section. 1
(4) In any action under this section, the court may also award any injunctive or other 2
equitable relief that the court finds appropriate. 3
SECTION 9. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO 4
READ AS FOLLOWS: 5
(1) As used in this section: 6
(a) "Chemical abortion" means the use or prescription of any abortion -7
inducing drug dispensed with the intent to cause the death o f the unborn 8
child; 9
(b) "Complication" or "abortion complication" has the same meaning as in 10
KRS 311.7731, but includes any harmful event or adverse outcome to a 11
patient related to an abortion from an abortion-inducing drug, including: 12
1. Uterine perforation or other injury or damage to the uterus; 13
2. Hemorrhage; 14
3. Failure to actually terminate the pregnancy requiring additional 15
treatment or surgical procedures that include risks such as uterine 16
perforation, cervical laceration, or scarring; 17
4. Aspiration or allergic reactions to anesthesia and abortion -inducing 18
drugs; 19
5. Excessive pain or discomfort or nausea; 20
6. Emotional complications; and 21
7. Any other adverse event as defined by the Food and Drug 22
Administration criteria provided in the MedWatch Reporting System; 23
(c) "Healthcare provider" has the same meaning as in KRS 311.821; 24
(d) "Physician" has the same meaning as in KRS 311.720; and 25
(e) "Urgent treatment facility" or "urgent care facility" has the same meaning 26
as in KRS 216B.405. 27
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(2) Any physician or other healthcare provider who believes or has reason to believe 1
that a patient presenting for treatment has experienced or is experiencing a 2
complication arising from the use of an abortion -inducing drug shall provide the 3
following written statement to the patient: 4
"If you have recently taken an abortion -inducing drug to terminate a pregnancy, 5
the Commonwealth of Kentucky wants you to be aware t hat you, or your 6
representative as authorized under Section 8 of this Act, may have a private cause 7
of action against the manufacturer, distributor, or prescriber of the abortion -8
inducing drug for your death, any complication or abortion complication as 9
defined in this section, or other injury you may have sustained as a result of the 10
use of the abortion-inducing drug, including actual damages, loss of consortium, 11
pain and suffering, punitive damages, court costs, and reasonable attorney's fees, 12
as established under Section 8 of this Act. You or your representative may also 13
have a claim for damages against any abortion pill provider, physician, or 14
healthcare provider for failure to advise you of possible complications from the 15
use of an abortion -inducing dru g or for failure to advise you of the potential 16
ability of medical professionals to reverse the effects of a drug -induced abortion 17
and where to obtain information for assistance in locating a medical professional 18
that can aid in the reversal of a chemical or drug -induced abortion. IF YOU 19
HAVE EXPERIENCED COMPLICATIONS AND ARE HERE IN NEED OF 20
EMERGENCY CARE OR MEDICAL CARE, YOU HAVE THE RIGHT TO 21
TELL THE HEALTHCARE PROVIDER TREATING YOU THAT YOU HAVE 22
HAD A CHEMICAL OR DRUG -INDUCED ABORTION. PROVIDING THIS 23
INFORMATION WILL NOT RESULT IN ANY CRIMINAL OR CIVIL 24
PENALTY TO YOU AND WILL FURTHER HELP SAVE YOUR LIFE." 25
(3) Every physician, healthcare provider, emergency room, and urgent treatment 26
center or urgent care facility shall make copies of the written statemen t in 27
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subsection (2) of this section available for any patient who may be experiencing a 1
complication or abortion complication that is reasonably believed to be the result 2
of the use of an abortion -inducing drug, and each health facility shall designate 3
and make available appropriate staff to provide this statement to any patient 4
identified under this section. 5
(4) The cabinet shall make the written statement in subsection (2) of this section 6
available on its website in a downloadable format for any person. 7