AN ACT relating to abortion.

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AN ACT relating to abortion. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 311.720 is amended to read as follows: 3
As used in KRS 311.710 to 311.820, and laws of the Commonwealth unless the context 4
otherwise requires: 5
(1) (a) "Abortion" means the performance of any act with the intent to terminate the [ 6
clinically diagnosab le] pregnancy of a woman [ known to be pregnant with 7
knowledge that the termination by those means will, with reasonable 8
likelihood, cause the death of the unborn child by one (1) or more of the 9
following means: 10
1. Administering, prescribing, or providing a ny abortion-inducing drug as 11
defined in KRS 311.7731, potion, medicine, or any other substance or 12
device to a pregnant female; or 13
2. Using an instrument or external force on a pregnant female]. 14
(b) "Abortion" does not mean those actions that require termination of a 15
pregnancy[separating the pregnant woman from her unborn child] when 16
performed by a licensed physician as provided in KRS 311.723; 17
(2) "Accepted medical procedures" means procedures of the type performed in the 18
manner and in a facility with equipment sufficient to meet the standards of medical 19
care which physicians engaged in the same or similar lines of work, would 20
ordinarily exercise and devote to the benefit of their patients; 21
(3) "Cabinet" means the Cabinet for Health and Family Services of the Commonwealth 22
of Kentucky; 23
(4) "Consent," as used in KRS 311.710 to 311.820 with reference to those who must 24
give their consent, means an informed consent expressed by a written agreement to 25
submit to an abortion on a written form of consent to be promulgated by the 26
secretary for health and family services; 27
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(5) "Ectopic pregnancy" means an unborn child or embryo developing outside of the 1
uterus; 2
(6) "Family planning services" means educational, medi cal, and social services and 3
activities that enable individuals to determine the number and spacing of their 4
children and to select the means by which this may be achieved; 5
(7)[(6)] "Fetus" means a human being from fertilization until birth; 6
(8)[(7)] "Hospital" means those institutions licensed in the Commonwealth of 7
Kentucky pursuant to the provisions of KRS Chapter 216; 8
(9)[(8)] "Human being" means any member of the species homo sapiens from 9
fertilization until death; 10
(10) "Incomplete miscarriage" or "mis sed miscarriage" means the loss of a 11
pregnancy in which the pregnancy tissue or products of conception have not yet 12
been expelled from the uterus; 13
(11) "Lethal fetal anomaly" means a fetal condition diagnosed before birth, in 14
writing, by a physician within his or her reasonable medical judgment that the 15
unborn child is incompatible with life outside the womb, and confirmed by the 16
opinion of another physician, in writing, following an examination of the patient 17
and a review of the relevant medical records; 18
(12)[(9)] "Medical emergency" or "medically necessary" means any condition which, 19
on the basis of the physician's reasonable medical judgment, so complicates the 20
medical condition of a pregnant woman[female] as to necessitate the immediate 21
performance or in ducement of an abortion of her pregnancy to avert her death or 22
for which a delay will directly, indirectly, or potentially create a serious risk of 23
substantial and irreversible: 24
(a) Harm to the physical health of the pregnant woman, or life -threatening 25
conditions, including but not limited to premature rupture of the 26
membranes, hemorrhage, preeclampsia, or cardiac complications; 27
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(b) Long-term damage to reproductive health or fertility, including 1
complications that may render the pregnant woman unable to con ceive or 2
carry a pregnancy in the future; or 3
(c) Impairment of a major bodily function; 4
(13)[(10)] "Medical necessity" means the same as "medically necessary" [a medical 5
condition of a pregnant woman that, in the reasonable medical judgment of the 6
physician who is attending the woman, so complicates the pregnancy that it 7
necessitates the immediate performance or inducement of an abortion]; 8
(14)[(11)] "Partial-birth abortion" means an abortion in which the physician performing 9
the abortion partially vaginally delivers a living fetus before killing the fetus and 10
completing the delivery; 11
(15)[(12)] "Perinatal care" means the health care provided to both the mother and child, 12
including prenatal, intrapartum, and postpartum care, with a focus on optimizing 13
outcomes and addressing potential complications; 14
(16)[(13)] "Physician" means any person licensed to practice medicine in the 15
Commonwealth or osteopathy pursuant to this chapter; 16
(17)[(14)] "Probable gestational age of the embryo or fetus" means the gestational a ge 17
that, in the judgment of a physician, is, with reasonable probability, the gestational 18
age of the embryo or fetus at the time that the abortion is planned to be performed; 19
(18)[(15)] "Public agency" means the Commonwealth of Kentucky; any agency, 20
department, entity, or instrumentality thereof; any city, county, agency, department, 21
entity, or instrumentality thereof; or any other political subdivision of the 22
Commonwealth, agency, department, entity, or instrumentality thereof; 23
(19)[(16)] "Reasonable medic al judgment" means the range of conclusions or 24
recommendations that licensed medical practitioners with similarly sufficient 25
training and experience may communicate to a patient based upon current available 26
medical evidence; 27
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(20)[(17)] "Unborn child" has t he same meaning as in Section 10 of this Act ["unborn 1
human being" in KRS 311.772]; 2
(21)[(18)] "Vaginally delivers a living fetus before killing the fetus" means deliberately 3
and intentionally delivers into the vagina a living fetus, or a substantial portion 4
thereof, for the purpose of performing a procedure the physician knows will kill the 5
fetus, and kills the fetus; and 6
(22)[(19)] "Viability" means that stage of human development when the life of the 7
unborn child may be continued by natural or life -supportive systems outside the 8
womb of the mother. 9
Section 2. KRS 311.723 is amended to read as follows: 10
(1) No abortion[action that requires separating a pregnant woman from her unborn 11
child] shall be performed, except the following when performed by a physician 12
based upon his or her reasonable medical judgment: 13
(a) A medical procedure performed with the intent to save the life or preserve the 14
health of an unborn child; 15
(b) Lifesaving miscarri age management, which includes medically necessary 16
interventions when the pregnancy has ended or is in the unavoidable and 17
untreatable process of ending due to spontaneous , missed, or incomplete 18
miscarriage; 19
(c) Sepsis and hemorrhage emergency medical inte rventions required when a 20
miscarriage or impending miscarriage results in a life -threatening infection or 21
excessive bleeding; 22
(d) A medically necessary intervention, inducement, or delivery for the removal 23
of a dead child from the uterine cavity [, when doc umented in the woman's 24
medical record along with the results of an obstetric ultrasound test, 25
confirming that fetal cardiac activity is not present at a gestational age when it 26
should be present]; 27
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(e) The removal of an ectopic pregnancy or a pregnancy that is not implanted 1
normally within the endometrial cavity; 2
(f) The use of methotrexate or similar medications to treat an ectopic pregnancy; 3
(g) The removal of a molar pregnancy; 4
(h) The removal of an unborn child with a lethal fetal anomaly; 5
(i) A medical procedure necessary based on reasonable medical judgment to 6
prevent the death or substantial risk of death of the pregnant woman due to a 7
physical condition, or to prevent serious, permanent impairment of a life -8
sustaining organ of a pregnant woman. Howeve r, the physician shall make 9
reasonable medical efforts under the circumstances to preserve both the life of 10
the mother and the life of the unborn child in a manner consistent with 11
reasonable medical practice;[ or] 12
(j)[(i)] Medical treatment provided to the mother by a licensed physician, 13
which results in the accidental or unintentional injury or death of the unborn 14
human being; or 15
(k) If, in the physician's reasonable medical judgment, the pregnancy is the 16
result of rape under KRS 510.040, 510.050, or 510.060, or incest under KRS 17
530.020(2)(b) or (c), and the gestational age of the unborn child is twenty -18
two (22) weeks or less. 19
(2) No treatment or procedure authorized under subsection (1) of this section shall be 20
performed except in compliance with regulatio ns which the cabinet shall 21
promulgate to ensure that: 22
(a) 1. Before the treatment or procedure is performed, the pregnant woman 23
shall have a private medical consultation either with the physician who 24
is to provide the treatment or perform the procedure or with the referring 25
physician in a place, at a time and of a duration reasonably sufficient to 26
enable the physician to determine whether, based upon his or her 27
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reasonable medical judgment, the action is necessary; 1
2. The physician shall document in the preg nant woman's medical record 2
the pregnant woman's informed consent to the treatment or procedure 3
following a discussion, acknowledged in writing by the woman, of the 4
risks, benefits, and alternatives to the treatment or procedure, sufficient 5
in scope for a reasonable person to make an informed decision; 6
(b) The physician who is to provide the treatment or perform the procedure or the 7
referring physician shall[will] describe the basis for his or her reasonable 8
medical judgment that the action is necessary on a form prescribed by the 9
cabinet as required by KRS 213.101; and 10
(c) 1. Paragraph (a) of this subsection shall not apply when, in the reasonable 11
medical judgment of the attending physician based on the particular 12
facts of the case before him or her, there exists a medical emergency. In 13
the case of a medical emergency, the physician shall describe the basis 14
of his or her reasonable medical judgment that an emergency exists on a 15
form prescribed by the cabinet as required by KRS 213.101; and 16
2. If an emergency exists which limits the time available for 17
documentation or the scope of the informed consent discussion, the 18
physician[ shall endeavor to complete the requirements of this 19
subsection to the extent possible without undue risk to the woman's life 20
or health and] shall promptly complete any required documentation 21
when the emergency no longer exists. 22
(3) Notwithstanding any statute to the contrary, nothing in this chapter shall be 23
construed as prohibiting a physician from prescribing or a woman from using birt h 24
control methods or devices, including, but not limited to, intrauterine devices, oral 25
contraceptives, or any other birth control method or device. 26
(4) Nothing in this section shall be interpreted as permitting any violation of KRS 27
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311.772. 1
Section 3. KRS 311.725 is amended to read as follows: 2
(1) No abortion shall be performed or induced except with the voluntary and informed 3
written consent of the woman upon whom the abortion is to be performed or 4
induced. Except in th e case of a medical emergency, consent to an abortion is 5
voluntary and informed if and only if: 6
(a) At least twenty -four (24) hours prior to the abortion, a physician, licensed 7
nurse, physician assistant, or social worker to whom the responsibility has 8
been delegated by the physician has verbally informed the woman of all of the 9
following: 10
1. The nature and purpose of the particular abortion procedure or treatment 11
to be performed and of those medical risks and alternatives to the 12
procedure or treatment that a reasonable patient would consider material 13
to the decision of whether or not to undergo the abortion; 14
2. The probable gestational age of the embryo or fetus at the time the 15
abortion is to be performed; 16
3. The medical risks associated with the pregnant woman carrying her 17
pregnancy to term; and 18
4. The potential ability of a physician to reverse the effects of prescription 19
drugs intended to induce abortion, where additional information about 20
this possibility m ay be obtained, and contact information for assistance 21
in locating a physician who may aid in the reversal; 22
(b) At least twenty-four (24) hours prior to the abortion, in an individual, private 23
setting, a physician, licensed nurse, physician assistant, or s ocial worker to 24
whom the responsibility has been delegated by the physician has informed the 25
pregnant woman that: 26
1. The cabinet publishes the printed materials described in subsection 27
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(2)(a), (b), and (c) of this section and that she has a right to review the 1
printed materials and that copies will be provided to her by the 2
physician, licensed nurse, physician assistant, or social worker free of 3
charge if she chooses to review the printed materials; 4
2. Medical assistance benefits may be available for prenat al care, 5
childbirth, and neonatal care, and that more detailed information on the 6
availability of the[such] assistance is contained in the printed materials 7
published by the cabinet; 8
3. The father of the fetus is liable to assist in the support of her chil d, even 9
in instances where he has offered to pay for the abortion; and 10
4. It is illegal in Kentucky to intentionally perform an abortion, in whole or 11
in part, because of: 12
a. The sex of the unborn child; 13
b. The race, color, or national origin of the unborn child; or 14
c. The diagnosis, or potential diagnosis, of Down syndrome or any 15
other disability, except a lethal fetal anomaly; 16
(c) At least twenty -four (24) hours prior to the abortion, a copy of the printed 17
materials has been provided to the pregnant woman if she chooses to view 18
these materials; 19
(d) The pregnant woman certifies in writing, prior to the performance or 20
inducement of the abortion: 21
1. That she has received the information required to be provided under 22
paragraphs (a), (b), and (c) of this subsection; and 23
2. That she consents to the particular abortion voluntarily and knowingly, 24
and she is not under the influence of any drug of abuse or alcohol; and 25
(e) Prior to the performance or inducement of the abortion, the physician who is 26
scheduled to perform or induce the abortion or the physician's agent receives a 27
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copy of the pregnant woman's signed statement, on a form which may be 1
provided by the physician, on which she consents to the abortion and that 2
includes the certification required by paragraph (d) of this subsection. 3
(2) [By January 1, 1999, ] The cabinet shall cause to be published in English in a 4
typeface not less than twelve (12) point type the following[ materials]: 5
(a) Materials that inform the pregnant woman about public and private agencies 6
and services that are available to assist her through her pregnancy, upon 7
childbirth, and while her child is dependent, including, but not limited to, 8
adoption agencies. The materials shall include a comprehensive list of the 9
available agencies and a descr iption of the services offered by the agencies 10
and the telephone numbers and addresses of the agencies, and inform the 11
pregnant woman about available medical assistance benefits for prenatal care, 12
childbirth, and neonatal care and about the support obligat ions of the father of 13
a child who is born alive. The cabinet shall ensure that the materials are 14
comprehensive and do not directly or indirectly promote, exclude, or 15
discourage the use of any agency or service described in this section; 16
(b) Materials that inform the pregnant woman of the probable anatomical and 17
physiological characteristics of the zygote, blastocyte, embryo, or fetus at two 18
(2) week gestational increments for the first sixteen (16) weeks of her 19
pregnancy and at four (4) week gestational inc rements from the seventeenth 20
week of her pregnancy to full term, including any relevant information 21
regarding the time at which the fetus possibly would be viable. The materials 22
shall use language that is understandable by the average person who is not 23
medically trained, shall be objective and nonjudgmental, and shall include 24
only accurate scientific information about the zygote, blastocyte, embryo, or 25
fetus at the various gestational increments. The materials shall include, for 26
each of the two (2) or[of] four (4) week increments specified in this 27
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paragraph, a pictorial or photographic depiction of the zygote, blastocyte, 1
embryo, or fetus. The materials shall also include, in a conspicuous manner, a 2
scale or other explanation that is understandable by the av erage person and 3
that can be used to determine the actual size of the zygote, blastocyte, embryo, 4
or fetus at a particular gestational increment as contrasted with the depicted 5
size of the zygote, blastocyte, embryo, or fetus at that gestational increment; 6
and 7
(c) Materials that inform the pregnant woman of the potential ability of a 8
physician to reverse the effects of prescription drugs intended to induce 9
abortion, where additional information about this possibility may be obtained, 10
and contact information for assistance in locating a physician who may aid in 11
the reversal. 12
(3) Upon submission of a request to the cabinet by any person, hospital, physician, or 13
medical facility for one (1) or more copies of the materials published in accordance 14
with subsection (2) of this section, the cabinet shall make the requested number of 15
copies of the materials available to the person, hospital, physician, or medical 16
facility that requested the copies. 17
(4) If a medical emergency or medical necessity compels the performanc e or 18
inducement of an abortion, the physician who will perform or induce the abortion, 19
prior to its performance or inducement if possible, shall inform the pregnant woman 20
of the medical indications supporting the physician's judgment that an immediate 21
abortion is necessary. Any physician who performs or induces an abortion without 22
the prior satisfaction of the conditions specified in subsection (1) of this section 23
because of a medical emergency or medical necessity shall enter the reasons for the 24
conclusion that a medical emergency or medical necessity exists in the medical 25
record of the pregnant woman. 26
(5) If the conditions specified in subsection (1) of this section are satisfied, consent to 27
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an abortion shall be presumed to be valid and effective. 1
(6) The failure of a physician to satisfy the conditions of subsection (1) of this section 2
prior to performing or inducing an abortion upon a pregnant woman may be the 3
basis of disciplinary action pursuant to KRS 311.595. 4
(7) The cabinet shall charge a fee for eac h copy of the materials distributed in 5
accordance with subsections (1) and (3) of this section. The fee shall be sufficient to 6
cover the cost of the administration of the materials published in accordance with 7
subsection (2) of this section, including the cost of preparation and distribution of 8
materials. 9
Section 4. KRS 311.727 is amended to read as follows: 10
(1) As used in this section: 11
(a) "Auscultate[Ascultate]" means to examine by listening for sounds made by 12
internal organs of the fetus, specifically for a fetal heartbeat, utilizing an 13
ultrasound transducer or a fetal heart rate monitor; 14
(b) "Obstetric ultrasound" or "ultrasound" means the use of ultrasonic wa ves for 15
diagnostic or therapeutic purposes, specifically to monitor a developing fetus; 16
and 17
(c) "Qualified technician" means a medical imaging technologist as defined in 18
KRS 311B.020 who is certified in obstetrics and gynecology by the American 19
Registry for Diagnostic Medical Sonography or a nurse midwife or advance 20
practice nurse practitioner in obstetrics with certification in obstetrical 21
ultrasonography. 22
(2) Prior to a woman giving informed consent to having any part of an abortion 23
performed, the physician who is to perform the abortion or a qualified technician to 24
whom the responsibility has been delegated by the physician shall: 25
(a) Perform an obstetric ultrasound on the pregnant woman; 26
(b) Provide a simultaneous explanation of what the ultrasound is de picting, which 27
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shall include the presence and location of the unborn child within the uterus 1
and the number of unborn children depicted and also, if the ultrasound image 2
indicates that fetal demise has occurred, inform the woman of that fact; 3
(c) Display t he ultrasound images so that the pregnant woman may view the 4
images; 5
(d) Auscultate[Ascultate] the fetal heartbeat of the unborn child so that the 6
pregnant woman may hear the heartbeat if the heartbeat is audible; 7
(e) Provide a medical description of the u ltrasound images, which shall include 8
the dimensions of the embryo or fetus and the presence of external members 9
and internal organs, if present and viewable; and 10
(f) Retain in the woman's medical record a signed certification from the pregnant 11
woman that she has been presented with the information required to be 12
provided under paragraphs (c) and (d) of this subsection and has viewed the 13
ultrasound images, listened to the heartbeat if the heartbeat is audible, or 14
declined to do so. The signed certification shall be on a form prescribed by the 15
cabinet. 16
(3) When the ultrasound images and heartbeat sounds are provided to and reviewed 17
with the pregnant woman, nothing in this section shall be construed to prevent the 18
pregnant woman from averting her eyes from the ultrasound images or requesting 19
the volume of the heartbeat be reduced or turned off if the heartbeat is audible. 20
Neither the physician, the qualified technician, nor the pregnant woman shall be 21
subject to any penalty if the pregnant woman refuses to look at the displayed 22
ultrasound images or to listen to the heartbeat if the heartbeat is audible. 23
(4) The requirements of this section shall be in addition to any requirement contained 24
in KRS 311.725 or any other section of KRS 311.710 to 311.820. 25
(5) The provisions of this section shall not apply: 26
(a) In the case of a medical emergency or medical necessity. If a medical 27
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emergency or medical necessity compels the performance or inducement of an 1
abortion, the physician who will perform or induce the abortion, p rior to its 2
performance or inducement if possible, shall inform the pregnant woman of 3
the medical indications supporting the physician's judgment that an immediate 4
abortion is necessary. Any physician who performs or induces an abortion 5
without the prior s atisfaction of the requirements of this section because of a 6
medical emergency or medical necessity shall enter the reasons for the 7
conclusion that a medical emergency or medical necessity exists in the 8
medical record of the pregnant woman; or 9
(b) If the u nborn child the pregnant woman is carrying has a lethal fetal 10
anomaly. 11
Section 5. KRS 311.732 is amended to read as follows: 12
(1) For purposes of this section the following definitions shall apply: 13
(a) "Minor" means any person under the age of eighteen (18); 14
(b) "Emancipated minor" means any minor who is or has been married or has by 15
court order or otherwise been freed from the care, custody, and control of her 16
parents; and 17
(c) "Abortion" means the use of any instrument, m edicine, drug, or any other 18
substance or device with intent to terminate the pregnancy of a woman known 19
to be pregnant[ with intent] other than as provided in Section 2 of this Act [to 20
increase the probability of a live birth, to preserve the life or health of the 21
child after live birth, or to remove a dead fetus]. 22
(2) No person shall perform an abortion upon a minor unless: 23
(a) The attending physician has secured the informed written consent of the 24
minor and one (1) parent or legal guardian with joint or ph ysical custody and 25
the consenting parent or legal guardian of the minor has made a reasonable 26
attempt to notify any other parent with joint or physical custody at least forty -27
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eight (48) hours prior to providing the informed written consent. 1
1. Notice shall not be required to be provided to any parent who has: 2
a. Previously been enjoined by a domestic violence order or 3
interpersonal protective order, regardless of whether or not the 4
person to be protected by the order was the minor; or 5
b. Been convicted of, or entered into a diversion program for;[,] 6
ii. A criminal offense against a victim who is a minor as 7
defined in KRS 17.500; or[ for] 8
iii. A violent or sexual criminal offense under KRS Chapter 506, 9
507, 507A, 508, 509, 510, 529, 530, or 531. 10
2. The informed written consent shall include: 11
a. A copy of the minor's government -issued identification, a copy of 12
the consenting parent's or legal gua rdian's government -issued 13
identification, and written documentation including but not limited 14
to a birth certificate, court -ordered custodial paperwork, or tax 15
return, establishing that he or she is the lawful parent or legal 16
guardian; and 17
b. The parent's or legal guardian's certification that he or she consents 18
to the abortion. The certification shall be in a signed, dated, and 19
notarized document that has been initialed on each page and that 20
contains the following statement, which shall precede the signature 21
of the parent or legal guardian: "I, (insert name of parent or legal 22
guardian), am the (select "parent" or "legal guardian") of (insert 23
name of minor) and give consent for (insert name of attending 24
physician) to perform an abortion on her. Under penalti es of 25
perjury, I declare that I have read the foregoing statement and that 26
the facts stated in it are true." 27
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3. The attending physician shall keep a copy of the informed written 1
consent in the medical file of the minor for five (5) years after the minor 2
reaches eighteen (18) years of age or for seven (7) years, whichever is 3
longer. 4
4. The attending physician securing the informed written consent from a 5
parent or legal guardian under this subsection shall execute for inclusion 6
in the medical record of the mi nor an affidavit stating: "I, (insert name 7
of attending physician), certify that, according to my best information 8
and belief, a reasonable person under similar circumstances would rely 9
on the information presented by both the minor and her parent or legal 10
guardian as sufficient evidence of identity."; 11
(b) The minor is emancipated and the attending physician has received the 12
informed written consent of the minor; or 13
(c) The minor elects to petition any Circuit or District Court of the 14
Commonwealth pursuant to subsection (3) of this section and obtain an order 15
pursuant to subsection (4) of this section granting consent to the abortion and 16
the attending physician has received the informed written consent of the 17
minor. 18
(3) Every minor shall have the right to pe tition any Circuit or District Court of the 19
Commonwealth for an order granting the right to self -consent to an abortion 20
pursuant to the following procedures: 21
(a) The minor or her next friend may prepare and file a petition setting forth the 22
request of the minor for an order of consent to an abortion; 23
(b) The court shall ensure that the: 24
1. Minor prepares or her next friend is given assistance in preparing and 25
filing the petition; and 26
2. [shall ensure that the ]Minor's identity is kept anonymous; 27
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(c) The minor may participate in proceedings in the court on her own behalf or 1
through her next friend and the court shall appoint a guardian ad litem for her. 2
The court shall advise her that she has a right to court -appointed counsel and 3
shall provide her with such counsel upon her request; 4
(d) All proceedings under this section shall be anonymous and shall be given 5
preference over other matters to ensure that the court may reach a decision 6
promptly, but in no case shall the court fail to rule within seventy -two (72) 7
hours of the time of application, provided that the seventy -two (72) hour 8
limitation may be extended at the request of the minor; and 9
(e) The court shall hold a hearing on the merits of the petition before reaching a 10
decision. The court shall hear evidence at the hearing relating to: 11
1. The minor's: 12
a. Age; 13
b. Emotional development and stability; 14
c. Maturity; 15
d. Intellect; 16
e. Credibility and demeanor as a witness; 17
f. Ability to accept responsibility; 18
g. Ability to assess both the current and future life -impacting 19
consequences of, and alternatives to, the abortion; and 20
h. Ability to understand and explain the medical risks of the abortion 21
and to apply that understanding to her decision; and 22
2. Whether there may be any undue influence by another on the minor' s 23
decision to have an abortion. 24
(4) (a) If the court finds by: 25
1. Clear and convincing evidence that the minor is sufficiently mature to 26
decide whether to have an abortion; 27
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2. Clear and convincing evidence that the requirements of this section are 1
not in the best interest of the minor; or 2
3. A preponderance of the eviden ce that the minor is the victim of child 3
abuse or sexual abuse inflicted by one (1) or both of her parents or her 4
legal guardian; 5
the court shall enter a written order, making specific factual findings and legal 6
conclusions supporting its decision to grant the petition for an abortion. 7
(b) If the court does not make any of the findings specified in paragraph (a) of 8
this subsection, the court shall deny the petition. 9
(c) As used in this subsection, "best interest of the minor" shall not include 10
financial be st interest, financial considerations, or the potential financial 11
impact on the minor or the minor's family if the minor does not have an 12
abortion. 13
(5) Any minor shall have the right of anonymous and expedited appeal to the Court of 14
Appeals, and that court shall give precedence over other pending matters. 15
(6) All hearings under this section, including appeals, shall remain confidential and 16
closed to the public. The hearings shall be held in chambers or in a similarly private 17
and informal setting within the courthouse. 18
(7) No fees shall be required of any minor who declares she has insufficient[no 19
sufficient] funds to pursue the procedures provided by this section. 20
(8) (a) The Supreme Court is respectfully requested to promulgate any rules [ and 21
regulations] it deems[feels are] necessary to ensure that proceedings under 22
this section are handled in an expeditious and anonymous manner. 23
(b) The Supreme Court, through the Administrative Office of the Courts, shall 24
report by February 1 of each year to the Legislati ve Research Commission 25
and the cabinet[ on] the number of petitions filed under subsection (3) of this 26
section for the preceding year, and the timing and manner of disposal of the 27
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petition by each court. For each approved petition granting an abortion file d 1
under subsection (3) of this section, the specific court finding in subsection 2
(4) of this section shall be included in the report. 3
(9) (a) The requirements of subsections (2), (3), and (4) of this section shall not apply 4
when, in the best medical judgme nt of the physician based on the facts of the 5
case before him or her, a medical emergency exists that so complicates the 6
pregnancy as to require an immediate abortion. 7
(b) If a medical emergency exists, the physician shall make reasonable attempts, 8
whenever possible, and without endangering the minor, to contact the parent 9
or legal guardian of the minor, and may proceed, but must document reasons 10
for the medical necessity in the minor's medical records. 11
(c) The physician shall inform the parent or legal gua rdian, in person or by 12
telephone, within twenty -four (24) hours of the abortion, including details of 13
the medical emergency that necessitated the abortion without the parent's or 14
legal guardian's consent. The physician shall also provide this information i n 15
writing to the parent or legal guardian at his or her last known address by 16
first-class mail or by certified mail, return receipt requested, with delivery 17
restricted to the parent or legal guardian. 18
(10) A report indicating the basis for any medical judg ment that warrants failure to 19
obtain consent pursuant to this section shall be filed with the Cabinet for Health and 20
Family Services on a form supplied by the cabinet. This report shall be confidential. 21
(11) Failure to obtain consent as required by [pursuant to the requirements of] this 22
section shall be[is] prima facie evidence of failure to obtain informed consent and 23
of interference with family relations in appropriate civil actions. The law of this 24
state shall not be construed to preclude the award of exe mplary damages in any 25
appropriate civil action relevant to violations of this section. Nothing in this section 26
shall be construed to limit the common-law rights of parents. 27
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(12) A minor upon whom an abortion is performed is not guilty of violating this section. 1
Section 6. KRS 311.7701 is amended to read as follows: 2
As used in KRS 311.7701 to 311.7711: 3
(1) "Conception" means fertilization; 4
(2) "Contraceptive" means a drug, device, or chemical that prevents conception; 5
(3) "Ectopic pregnancy" has the same meaning as in Section 1 of this Act; 6
(4) "Fertilization" has the same meaning as in KRS 311.781; 7
(5)[(4)] "Fetal heartbeat" means cardiac activity or the stead y and repetitive rhythmic 8
contraction of the fetal heart within the gestational sac; 9
(6)[(5)] "Fetus" means the human offspring developing during pregnancy from the 10
moment of conception and includes the embryonic stage of development; 11
(7)[(6)] "Frivolous conduct" has the same meaning as in KRS 311.784; 12
(8)[(7)] "Gestational age" means the age of an unborn human individual as calculated 13
from the first day of the last menstrual period of a pregnant woman; 14
(9)[(8)] "Gestational sac" means the structure that comprises the extraembryonic 15
membranes that envelop the fetus and that is typically visible by u ltrasound after 16
the fourth week of pregnancy; 17
(10)[(9)] "Intrauterine pregnancy" means a pregnancy in which the fetus is attached to 18
the placenta within the uterus of the pregnant woman; 19
(11)[(10)] "Lethal fetal anomaly" has the same meaning as in Section 1 of this Act; 20
(12) "Medical emergency" or "medically necessary" has the same meaning as in 21
Section 1 of this Act[KRS 311.781]; 22
(13)[(11)] "Physician" has the same meaning as in KRS 311.720; 23
(14)[(12)] "Pregnancy" means the human female reproductive condit ion that begins with 24
fertilization, when the woman is carrying the developing human offspring, and that 25
is calculated from the first day of the last menstrual period of the woman; 26
(15)[(13)] "Serious risk of the substantial and irreversible impairment of a major bodily 27
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function" has the same meaning as in KRS 311.781; 1
(16)[(14)] "Spontaneous miscarriage" means the natural or accidental termination of a 2
pregnancy and the expulsion of the fetus, typically caused by genetic defects in the 3
fetus or physical abnormalities in the pregnant woman; 4
(17)[(15)] "Standard medical practice" means the degree of skill, care, and diligence that 5
a physician of the same medical specialty would employ in like circumstances. As 6
applied to the method used to determine the presen ce of a fetal heartbeat for 7
purposes of KRS 311.7704, "standard medical practice" includes employing the 8
appropriate means of detection depending on the estimated gestational age of the 9
fetus and the condition of the woman and her pregnancy; and 10
(18)[(16)] "Unborn child" and "unborn human individual" have the same meaning as 11
"unborn child" has in KRS 311.781. 12
Section 7. KRS 311.7706 is amended to read as follows: 13
(1) Except as provided in subsection (2) of this section, n o person shall [ intentionally] 14
perform or induce an abortion on a pregnant woman with the specific intent of 15
causing or abetting the termination of the life of the unborn human individual the 16
pregnant woman is carrying and whose fetal heartbeat has been de tected in 17
accordance with KRS 311.7704(1). 18
(2) (a) Subsection (1) of this section shall not apply to a physician who performs a 19
medical procedure that, in the physician's reasonable medical judgment:[,] 20
1. Is designed or intended to prevent the death of the pregnant woman or to 21
prevent a serious risk of the substantial and irreversible impairment of a 22
major bodily function as defined in Section 10 of this Act of the 23
pregnant woman; 24
2. Is necessary because of a lethal fetal anomaly, ectopic pregnancy or 25
other extrauterine pregnancy, missed miscarriage, or incomplete 26
miscarriage; or 27
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3. Is performed because, in the reasonable medical judgment of the 1
physician, the pregnancy is the result o f rape under KRS 510.040, 2
510.050, or 510.060, or incest under KRS 530.020(2)(b) or (c), and the 3
gestational age of the unborn child is twenty-two (22) weeks or less. 4
(b) A physician who performs a medical procedure as described in paragraph (a) 5
1. of this subsection shall, in writing: 6
1. Declare that the medical procedure is necessary, to the best of the 7
physician's reasonable medical judgment, to prevent the death of the 8
pregnant woman or to prevent a serious risk of the substantial and 9
irreversible impai rment of a major bodily function of the pregnant 10
woman; and 11
2. Specify the pregnant woman's medical condition that the medical 12
procedure is asserted to address and the medical rationale for the 13
physician's conclusion that the medical procedure is necessary to 14
prevent the death of the pregnant woman or to prevent a serious risk of 15
the substantial and irreversible impairment of a major bodily function of 16
the pregnant woman. 17
(c) A physician who performs a medical procedure as described in paragraph 18
(a)3. of th is subsection shall, in writing, specify the basis for the 19
determination that the gestational age of the unborn child is twenty-two (22) 20
weeks or less. 21
(d) The physician shall place the written document required by paragraph (b) or 22
(c) of this subsection in the pregnant woman's medical records. The physician 23
shall maintain a copy of the document in the physician's own records for at 24
least seven (7) years from the date the document is created. 25
(3) A person is not in violation of subsection (1) of this sectio n if the person acts in 26
accordance with KRS 311.7704(1) and the method used to determine the presence 27
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of a fetal heartbeat does not reveal a fetal heartbeat. 1
(4) A pregnant woman on whom an abortion is intentionally performed or induced in 2
violation of subsection (1) of this section is not guilty of violating subsection (1) of 3
this section or of attempting to commit, conspiring to commit, or complicity in 4
committing a violation of subsection (1) of this section. In addition, the pregnant 5
woman is not subject to a civil penalty based on the abortion being performed or 6
induced in violation of subsection (1) of this section. 7
(5) Subsection (1) of this section shall not repeal or limit any other provision of the 8
Kentucky Revised Statutes that restricts or regulates the performance or inducement 9
of an abortion by a particular method or during a particular stage of a pregnancy. 10
Section 8. KRS 311.772 is amended to read as follows: 11
(1) As used in this section: 12
(a) "Fertilization" means that point in time when a male human sperm penetrates 13
the zona pellucida of a female human ovum; 14
(b) "Medical emergency" or "medically necessary" has the sa me meaning as 15
in Section 1 of this Act; 16
(c) "Pregnant" means the human female reproductive condition of having a living 17
unborn human being within her body throughout the entire embryonic and 18
fetal stages of the unborn child from fertilization to full gesta tion and 19
childbirth; and 20
(d)[(c)] "Unborn human being" means an individual living member of the 21
species homo sapiens throughout the entire embryonic and fetal stages of the 22
unborn child from fertilization to full gestation and childbirth. 23
(2) The provisions of this section shall become effective immediately upon, and to the 24
extent permitted, by the occurrence of any of the following circumstances: 25
(a) Any decision of the United States Supreme Court which reverses, in whole or 26
in part, Roe v. Wade, 410 U.S. 113 (1973), thereby restoring to the 27
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Commonwealth of Kentucky the authority to prohibit abortion; or 1
(b) Adoption of an amendment to the United States Constitution which, in whole 2
or in part, restores to the Commonwealth of Kentucky the authority to prohibit 3
abortion. 4
(3) Except as otherwise provided in Sections 2, 3, 4, 5, 7, 8, and 9 of this Act and 5
subsections (4) and (6) of this section[(a) Except as provided in KRS 311.723] , 6
no person may knowingly: 7
(a)[1.] Administer to, prescribe for, procure for, or sell to any pregnant woman 8
any medicine, drug, or other substance with the specific intent of causing or 9
abetting the termination of the life of an unborn human being; or 10
(b)[2.] Use or employ any instrument or procedure upon a pregnant woman 11
with the specific intent of causing or abetting the termination of the life of an 12
unborn human being.[ 13
(b) Any person who violates paragraph (a) of this subsection shall be guilty of a 14
Class D felony.] 15
(4) The following shall not be a violation of subsection (3) of this section: 16
(a) For a licensed physician to perform a medical procedure that is medically 17
necessary in the reasonable medical judgment of the physician to prevent the 18
death or substantial risk of death due to a physical condition, or to prevent the 19
serious, permanent impairment of a life -sustaining organ of a pregnant 20
woman. However, except as provided in paragraph (b) of this subsection, the 21
physician shall make reasonable medical efforts under the circumstances to 22
preserve both the life of the mother and the life of the unborn human being in 23
a manner consistent with reasonable medical practice;[ or] 24
(b) For a licensed physician to perform an abortion because of a lethal fetal 25
anomaly; 26
(c) For a licensed physician to perform an abortion if in the reasonable 27
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medical judgment of the physician the pregnancy is the result of rape under 1
KRS 510.040, 510.050, or 510.060 or incest under KRS 530.020(2(b) or (c), 2
and the gestational age of the unborn child is twenty -two (22) weeks or less; 3
or 4
(d) Medical treatment pr ovided to the mother by a licensed physician which 5
results in the accidental or unintentional injury or death to the unborn human 6
being. 7
(5) (a) Except as provided in this subsection, and notwithstanding any provision of 8
law to the contrary, a physician who complies with the requirements of KRS 9
311.710 to 311.830 shall be immune: 10
1. From criminal liability and penalty for any harm or damage alleged to 11
arise from an act or omission in the treatment of a woman related to 12
the termination of a pregnancy or a lo st pregnancy, except nothing in 13
this paragraph limits any liability for gross negligence or wanton, 14
willful, malicious, or intentional conduct; and 15
2. From civil liability for any personal injury or damages alleged to arise 16
from the treatment of a pregnant woman, except nothing in this 17
paragraph limits any civil liability for injury or damage arising from a 18
deviation of the accepted medical standard of care, gross negligence, 19
or willful, malicious, or intentional conduct. 20
(b) Nothing in this subsection shal l be construed to amend, repeal, or alter any 21
other immunity, defense, limitation of liability, or procedure available or 22
required under any other law or contract. 23
(6) Nothing in this section may be construed to subject the pregnant mother upon 24
whom any ab ortion is performed or attempted to any criminal conviction and 25
penalty. 26
(7)[(6)] Nothing in this section may be construed to prohibit the sale, use, 27
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prescription, or administration of a contraceptive measure, drug, or chemical, if it is 1
administered prior to the time when a pregnancy could be determined through 2
conventional medical tes ting and if the contraceptive measure is sold, used, 3
prescribed, or administered in accordance with manufacturer instructions. 4
(8)[(7)] The provisions of this section shall be effective relative to the appropriation of 5
Medicaid funds, to the extent consist ent with any executive order by the President 6
of the United States, federal statute, appropriation rider, or federal regulation that 7
sets forth the limited circumstances in which states must fund abortion to remain 8
eligible to receive federal Medicaid funds pursuant to 42 U.S.C. sec. 1396 et seq. 9
Section 9. KRS 311.780 is amended to read as follows: 10
(1) No abortion shall be performed or prescribed knowingly after the unborn child may 11
reasonably be expected to have reached viability, except when: 12
(a) Medically necessary to preserve the life or health of the woman; or 13
(b) There is a lethal fetal anomaly as defined in Section 1 of this Act. 14
(2) In those instances where an abortion is performed under this section, the person 15
performing the abortion shall take all reasonable steps in keeping with reasonable 16
medical practices to preserve the life and health of t he child, including but not 17
limited to KRS 311.760(2) , except when the abortion is performed under 18
subsection (1)(b) of this section. 19
Section 10. KRS 311.781 is amended to read as follows: 20
As used in KRS 311.781 to 311.786: 21
(1) "Fertilization" means the fusion of a human spermatozoon with a human ovum; 22
(2) "Gestational age" has the same meaning as in KRS 311.7701; 23
(3) "Medical emergency" or "medically necessary" has the same meaning as in 24
Section 1 of this Act [means a co ndition that in the physician's reasonable medical 25
judgment, based upon the facts known to the physician at that time, so complicates 26
the woman's pregnancy as to necessitate the immediate performance or inducement 27
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of an abortion in order to prevent the dea th of the pregnant woman or to avoid a 1
serious risk of the substantial and irreversible impairment of a major bodily 2
function of the pregnant woman that delay in the performance or inducement of the 3
abortion would create]; 4
(4) "Lethal fetal anomaly" has the same meaning as in Section 1 of this Act; 5
(5) "Pain-capable unborn child" means an unborn child of a probable gestational age of 6
fifteen (15) weeks or more; 7
(6)[(5)] "Physician" has the same meaning as in KRS 311.720; 8
(7)[(6)] "Probable gestational age" has the same meaning as in KRS 311.720; 9
(8)[(7)] "Reasonable medical judgment" means a medical judgment that would be 10
made by a reasonably prudent physician, knowledgeable about the case and the 11
treatment possibilities with respect to the medical conditions involved; 12
(9)[(8)] "Serious risk of the substantial and irreversible impairment of a major bodily 13
function" means any medically diagnosed condition that in the reasonable medical 14
judgment of the physician so complicates the pregnancy of the woman as to 15
directly,[ or] indirectly, or potentially cause:[ the substantial and irreversible] 16
(a) Harm to the physical health of the pregnant woman, or life -threatening 17
conditions, including but not limited to unborn premature rupture of the 18
membranes, hemorrhage, pr eeclampsia, inevitable abortion, or cardiac 19
complications; 20
(b) Long-term damage to reproductive health or fertility, including 21
complications that may render the pregnant woman unable to conceive or 22
carry a pregnancy in the future; or 23
(c) Impairment of a major bodily function[. A medically diagnosed condition that 24
constitutes a "serious risk of the substantial and irreversible impairment of a 25
major bodily function" includes pre -eclampsia, inevitable abortion, and 26
premature rupture of the membranes, but does not include a condition related 27
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to the woman's mental health]; and 1
(10)[(9)] "Unborn child" means an individual organism of the species homo sapiens 2
from fertilization until live birth. 3
Section 11. KRS 311.782 is amended to read as follows: 4
(1) Except as provided in Sections 2, 3, 4, 5, 7, 8, and 9 of this Act and subsection (2) 5
of this section, no person shall intentionally perform or induce or intentionally 6
attempt to perform or induce an abortion on a pregnant woman wh en the probable 7
gestational age of the unborn child is fifteen (15) weeks or greater. 8
(2) It shall be an affirmative defense to a charge under subsection (1) of this section 9
that the abortion was intentionally performed or induced or intentionally attempte d 10
to be performed or induced by a physician and that the physician determined, in the 11
physician's reasonable medical judgment, based on the facts known to the physician 12
at that time, that either of the following applied: 13
(a) The probable gestational age of the unborn child was less than fifteen (15) 14
weeks; or 15
(b) The abortion was performed in compliance with Section 2 of this 16
Act[necessary to prevent the death of the pregnant woman or to avoid a 17
serious risk of the substantial and irreversible impairment of a major bodily 18
function of the pregnant woman. No abortion shall be necessary if it is based 19
on a claim or diagnosis that the pregnant woman will engage in conduct that 20
would result in her death or in substantial and irreversible impairment of a 21
major bod ily function or if it is based on any reason related to her mental 22
health]. 23
(3) (a) Except when a medical emergency exists that prevents compliance with KRS 24
311.783, the affirmative defense set forth in subsection (2)(a) of this section 25
shall[does] not apply unless the physician who in tentionally performs or 26
induces or intentionally attempts to perform or induce the abortion makes a 27
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determination of the probable gestational age of the unborn child as required 1
by KRS 311.783(1) or relied upon such a determination made by another 2
physician and certifies in writing, based on the results of the tests performed, 3
that in the physician's reasonable medical judgment the unborn child's 4
probable gestational age is: 5
1. Less than fifteen (15) weeks; or 6
2. Twenty-two (22) weeks or less if the pregna ncy is the result of rape 7
under KRS 510.040, 510.050, or 510.060 or incest under KRS 8
530.020(2)(b) or (c), and the termination was performed in accordance 9
with subsection (1)(k) of Section 2 of this Act. 10
(b) Except when a medical emergency exists that prev ents compliance with one 11
(1) or more of the following conditions, the affirmative defense set forth in 12
subsection (2)(b) of this section shall[does] not apply unless the physician 13
who intentionally performs or induces or intentionally attempts to perform o r 14
induce the abortion complies with all of the following conditions: 15
1. The physician who intentionally performs or induces or intentionally 16
attempts to perform or induce the abortion certifies in writing that, in the 17
physician's reasonable medical judgmen t, based on the facts known to 18
the physician at that time, the abortion is medically necessary to prevent 19
the death of the pregnant woman or to avoid a serious risk of the 20
substantial and irreversible impairment of a major bodily function of the 21
pregnant woman; 22
2. A different physician not professionally related to the physician 23
described in subparagraph 1. of this paragraph certifies in writing that, 24
in that different physician's reasonable medical judgment, based on the 25
facts known to that different physi cian at that time, the abortion is 26
medically necessary to prevent the death of the pregnant woman or to 27
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avoid a serious risk of the substantial and irreversible impairment of a 1
major bodily function of the pregnant woman; 2
3. The physician intentionally per forms or induces or intentionally 3
attempts to perform or induce the abortion in a hospital or other health 4
care facility that has appropriate neonatal services for premature infants 5
unless the abortion is performed on the basis of a lethal fetal anomaly 6
under Section 2 of this Act; 7
4. The physician who intentionally performs or induces or intentionally 8
attempts to perform or induce the abortion terminates or attempts to 9
terminate the pregnancy in the manner that provides the best opportunity 10
for the unborn child to survive, unless that physician determines, in the 11
physician's reasonable medical judgment, based on the facts known to 12
the physician at that time, that the termination of the pregnancy in that 13
manner poses a greater risk of death of the pregnant w oman or a greater 14
risk of the substantial and irreversible impairment of a major bodily 15
function of the pregnant woman than would other available methods of 16
abortion, or the termination of the pregnancy is performed under 17
Section 2 of this Act; 18
5. The phys ician certifies in writing the available method or techniques 19
considered and the reasons for choosing the method or technique 20
employed; and 21
6. The physician who intentionally performs or induces or intentionally 22
attempts to perform or induce the abortion h as arranged for the 23
attendance in the same room in which the abortion is to be performed or 24
induced or attempted to be performed or induced at least one (1) other 25
physician who is to take control of, provide immediate medical care for, 26
and take all reasonable steps necessary to preserve the life and health of 27
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the unborn child immediately upon the child's complete expulsion or 1
extraction from the pregnant woman. 2
(4) The state Board of Medical Licensure may[shall] revoke a physician's license to 3
practice medicine in this state if the physician violates or fails to comply with this 4
section. 5
(5) Any physician who intentionally performs or induces or intentionally attempts to 6
perform or induce an abortion on a pregnant woman with actual knowledge that 7
neither of the affirmative defenses set forth in subsection (2) of this section applies, 8
or with a heedless indifference as to whether either affirmative defense applies, is 9
liable in a civil action for compensatory and punitive damages and reasonable 10
attorney's fees to any person, or the representative of the estate of any person 11
including but not limited to an unborn child, who sustains injury, death, or loss to 12
person or property as the result of the performance or inducement or the attempted 13
performance or inducement of the abortion. In any action under this subsection, the 14
court also may award any injunctive or other equitable relief that the court 15
considers appropriate. 16
(6) A pregnant woman on whom an abortion is intentionally performed or induced or 17
intentionally attempted to be performed or induced in violation of subsection (1) of 18
this section is not guilty of violating subsection (1) of this section or of attempting 19
to commit, conspiring to commit, or complicity in committing a violation of 20
subsection (1) of this section. 21
Section 12. KRS 311.783 is amended to read as follows: 22
(1) Except in a medical emergency that prevents compliance with this section, no 23
physician shall intentionally perform or induce or intentionally attemp t to perform 24
or induce an abortion on a pregnant woman unless, prior to the performance or 25
inducement of the abortion or the attempt to perform or induce the abortion, the 26
physician determines, in the physician's reasonable medical judgment, the unborn 27
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child's probable gestational age. The physician shall make that determination after 1
making inquiries of the pregnant woman and performing any medical examinations 2
or tests of the pregnant woman the physician considers necessary as a reasonably 3
prudent physician, knowledgeable about the case and medical conditions involved, 4
would consider necessary to determine the unborn child's probable gestational age. 5
(2) Except in a medical emergency that prevents compliance with this section, no 6
physician shall intentiona lly perform or induce or intentionally attempt to perform 7
or induce an abortion on a pregnant woman after the unborn child reaches the 8
probable gestational age of fifteen (15) weeks , or twenty -two (22) weeks when the 9
pregnancy is the result of rape under K RS 510.040, 510.050, or 510.060 or incest 10
under KRS 530.020(2)(b) or (c), without first entering the determination made in 11
subsection (1) of this section and the associated findings of the medical examination 12
and tests in the medical record of the pregnant woman. 13
(3) The state Board of Medical Licensure may[shall] suspend a physician's license to 14
practice medicine in this state for a period of not less than six (6) months if the 15
physician violates this section. 16
(4) The physician shall submit a report on a f orm provided by the cabinet that includes 17
at a minimum the information required by KRS 213.101 and [: 18
(a) ]the unborn child's probable gestational age determined by the physician[; and 19
(b) The results of inquiries of the pregnant woman and any medical exam inations 20
or tests performed]. 21
Section 13. KRS 311.800 is amended to read as follows: 22
(1) No publicly owned hospital or other publicly owned health care facility shall 23
perform or permit the performance of abortions, excep t as provided in Section 2 of 24
this Act[to save the life of the pregnant woman]. 25
(2) In the event that a publicly owned hospital or publicly owned health facility is 26
performing or about to perform an abortion in violation of subsection (1) of this 27
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section, and law enforcement authorities in the county have failed or refused to take 1
action to stop such a practice, any resident of the county in which the hospital or 2
health facility is located, may apply to the Circuit Court of that county for an 3
injunction or other court process to require compliance with subsection (1) of this 4
section. 5
(3) No private hospital or private health care facility shall be required to, or held liable 6
for refusal to, perform or permit the performance of abortion contrary to its stated 7
ethical policy. 8
(4) No physician, nurse , staff member, or employee of a public or private hospital or 9
employee of a public or private health care facility, who shall state in writing to 10
the[such] hospital or health care facility his or her objection to pe rforming, 11
participating in, or cooperating in, abortion on moral, religious , or professional 12
grounds, be required to, or held liable for refusal to, perform, participate in, or 13
cooperate in the[such] abortion. 14
(5) It shall be an unlawful discriminatory practice for the following: 15
(a) Any person to impose penalties or take disciplinary action against, or to deny 16
or limit public funds, licenses, certifications, degrees, or other approvals or 17
documents of qualification to, any hospital or other health care facility due to 18
the refusal of the[such] hospital or health care facility to perform or permit to 19
be performed, participate in, or cooperate in, abortion by reason of objection 20
to abortion[thereto] on moral, religious , or professional grounds, or because 21
of any statement or other manifestation of attitude by the[such] hospital or 22
health care facility with respect to abortion;[ or,] 23
(b) Any person to impose penalties or take disciplinary action again st, or to deny 24
or limit public funds, licenses, certifications, degrees, or other approvals or 25
documents of qualification to any physician, nurse ,[ or] staff member , or 26
employee of any hospital or health care facility, due to the willingness or 27
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refusal of such physician, nurse,[ or] staff member, or employee to perform or 1
participate in abortion by reason of objection to abortion [thereto] on moral, 2
religious, or professional grounds, or because of any statement or other 3
manifestation of attitude by the[such] physician, nurse,[ or] staff member, or 4
employee with respect to abortion; or[,] 5
(c) Any public or private agency, institution , or person, including a medical, 6
nursing, or other school, to deny admission to, impose any burdens in terms of 7
conditions of e mployment upon, or otherwise discriminate against any 8
applicant for admission ,[ thereto] or any physician, nurse, staff member, 9
student, or employee[ thereof,] based upon[on account of] the willingness or 10
refusal of such applicant, physician, nurse, staff member, student , or 11
employee to perform or participate in abortion or sterilization by reason of 12
objection thereto on moral, religious , or professional grounds, or because of 13
any statement or other manifestation of attitude by the[such] person with 14
respect to abortion or sterilization if that health care facility is not operated 15
exclusively for the purposes of performing abortions or sterilizations. 16
Section 14. KRS 213.101 is amended to read as follows: 17
(1) Each abortion as defined in KRS 213.011 which occurs in the Commonwealth, 18
regardless of the length of gestation, shall be reported to the Vital Statistics Branch 19
by the person in charge of the institution within fifteen (15)[three (3)] days after the 20
end of the month in which the abortion occurred. If the abortion was performed 21
outside an institution, the attending physician shall prepare and file the report 22
within fifteen (15)[three (3)] days after the end of the month in which the abo rtion 23
occurred. 24
(2) The report shall include the patient's: 25
(a) Age; 26
(b) County of residence; 27
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(c) Number of previous pregnancies, if known; 1
(d) Number of living children, if known; 2
(e) The type of abortion procedure performed; and 3
(f) The reason for the ab ortion, if known, including abuse, coercion, 4
harassment, trafficking, rape, or incest [all the information the physician is 5
required to certify in writing or determine under KRS 311.731, 311.732, 6
311.7704, 311.7705, 311.7706, 311.7707, 311.7735, 311.7736, 3 11.774, 7
311.782, and 311.783, and at a minimum: 8
(a) The full name and address of the physician who performed the abortion or 9
provided the abortion-inducing drug as defined in KRS 311.7731; 10
(b) The address at which the abortion was performed or the address at which the 11
abortion-inducing drug was provided by a qualified physician, or the method 12
of obtaining the abortion -inducing drug if not provided by a qualified 13
physician, including mail order, internet order, or by a telehealth provider in 14
which case identifying information for the pharmacy, Web site address, or the 15
telemedicine provider shall be included; 16
(c) The names, serial numbers, National Drug Codes, lot numbers, and expiration 17
dates of the specific abortion -inducing drugs that were provided to the 18
pregnant patient and the dates each were provided; 19
(d) The full name and address of the referring physician, agency, or service, if 20
any; 21
(e) The pregnant patient's city or town, county, state, country of residence, and 22
zip code; 23
(f) The pregnant patient's age, race, and ethnicity; 24
(g) The age or approximate age of the father, if known; 25
(h) The total number and dates of each previous pregnancy, live birth, and 26
abortion of the pregnant patient; 27
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(i) The probable gestational and post -fertilization ages of the un born child, the 1
methods used to confirm the gestational and post -fertilization ages, and the 2
date determined; 3
(j) A list of any pre -existing medical conditions of the pregnant patient that may 4
complicate her pregnancy, if any, including hemorrhage, infecti on, uterine 5
perforation, cervical laceration, retained products, or any other condition; 6
(k) Whether the fetus was delivered alive and the length of time the fetus 7
survived; 8
(l) Whether the fetus was viable and, if viable, the medical reason for 9
termination; 10
(m) Whether a pathological examination of the fetus was performed; 11
(n) Whether the pregnant patient returned for a follow -up examination, the date 12
and results of any such follow -up examination, and what reasonable efforts 13
were made by the qualified phys ician to encourage the patient to reschedule a 14
follow-up examination if the appointment was missed; 15
(o) Whether the woman suffered any complications or adverse events as defined 16
in KRS 311.7731 and what specific complications or adverse events occurred, 17
and any follow-up treatment provided as required by KRS 311.774; 18
(p) Whether the pregnant patient was Rh negative and, if so, was provided with 19
an Rh negative information fact sheet and treated with the prevailing medical 20
standard of care to prevent harmful fetal or child outcomes or Rh 21
incompatibility in future pregnancies; 22
(q) The amount billed to cover the treatment for specific complications or adverse 23
events, including whether the treatment was billed to Medicaid, private 24
insurance, private pay, or other method. This should include ICD -10 codes 25
reported and charges for any physician, hospital, emergency room, 26
prescription or other drugs, laboratory tests, and any other costs for treatment 27
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rendered; 1
(r) The reason for the abortion, if known, including abuse, coercion, harassment, 2
or trafficking; and 3
(s) Whether the pregna nt patient was tested for sexually transmitted diseases 4
when providing the informed consent required in KRS 311.725 and 311.7735 5
twenty-four (24) hours before the abortion procedure or tested at the time of 6
the abortion procedure, and if the pregnant patie nt tested positive, was treated 7
or referred for treatment and follow-up care]. 8
(3) The report shall not contain: 9
(a) The name of the pregnant patient; 10
(b) Common identifiers such as a Social Security number and motor vehicle 11
operator's license number; and 12
(c) Any other information or identifiers that would make it possible to ascertain 13
the patient's identity. 14
(4) [If a person other than the physician described in this subsection makes or 15
maintains a record required by KRS 311.732, 311.7704, 311.7705, 311.77 06, or 16
311.7707 on the physician's behalf or at the physician's direction, that person shall 17
comply with the reporting requirement described in this subsection as if the person 18
were the physician. 19
(5) Each prescription issued for an abortion -inducing drug as defined in KRS 311.7731 20
for which the primary indication is the induction of abortion as defined in KRS 21
213.011 shall be reported to the Vital Statistics Branch within three (3) days after 22
the end of the month in which the prescription was issued as req uired by KRS 23
311.774, but the report shall not include information which will identify the woman 24
involved or anyone who may be picking up the prescription on behalf of the 25
woman. 26
(6) ]The name of the person completing the report and the reporting institution shall not 27
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be subject to disclosure under KRS 61.870 to 61.884. 1
(5)[(7)] By September 30 of each year, the Vital Statistics Branch shall issue a public 2
report that provides statistics on all data collected, including the type of abortion 3
procedure used, for the previous calendar year compiled from all of the reports 4
covering that calendar year submitted to the cabinet in accordance with this section 5
for each of the items listed in this section. [ Each annual report shall also provide 6
statistics for all previous calendar years in which this section was in effect, adjusted 7
to reflect any additional information from late or corrected reports.] The Vital 8
Statistics Branch shall ensure that none of the information included in the report 9
could reasonably lead to the identification of any pregnant woman upon whom an 10
abortion was performed or attempted. Each annual report shall be made available 11
on the cabinet's website[Web site]. 12
[(8) (a) Any person or institution who fails to submit a report by the end of thirty ( 30) 13
days following the due date set in this section shall be subject to a late fee of 14
five hundred dollars ($500) for each additional thirty (30) day period or 15
portion of a thirty (30) day period the report is overdue. 16
(b) Any person or institution who fai ls to submit a report, or who has submitted 17
only an incomplete report, more than one (1) year following the due date set 18
in this section, may in a civil action brought by the Vital Statistics Branch be 19
directed by a court of competent jurisdiction to submi t a complete report 20
within a time period stated by court order or be subject to contempt of court. 21
(c) Failure by any physician to comply with the requirements of this section, 22
other than filing a late report, or to submit a complete report in accordance 23
with a court order shall subject the physician to KRS 311.595. 24
(9) Intentional falsification of any report required under this section is a Class A 25
misdemeanor.] 26
(6)[(10)] The Vital Statistics Branch shall promulgate administrative regulations in 27
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accordance with KRS Chapter 13A to assist in compliance with this section.[ 1
(11) (a) The Office of the Inspector General, Cabinet for Health and Family Services, 2
shall annually audit the required reporting of abortion -related information to 3
the Vital Statistics Bran ch in this section and KRS 213.172, and in so doing, 4
shall function as a health oversight agency of the Commonwealth for this 5
specific purpose. 6
(b) The Office of the Inspector General shall ensure that none of the information 7
included in the audit report c ould reasonably lead to the identification of any 8
pregnant woman upon whom an abortion was performed or attempted. 9
(c) If any personally identifiable information is viewed or recorded by the Office 10
of the Inspector General in conducting an audit authorized by this subsection, 11
the information held by the Inspector General shall not be subject to the 12
Kentucky Open Records Act, shall be confidential, and shall only be released 13
upon court order. 14
(d) The Inspector General shall submit a written report to the Gen eral Assembly 15
and the Attorney General by October 1 of each year. The reports shall include 16
findings from: 17
1. The audit required in this subsection, including any identified reporting 18
deficiencies; and 19
2. All abortion facility inspections, including any vi olations of KRS 20
216B.0431 and 216B.0435.] 21
Section 15. KRS 311.990 is amended to read as follows: 22
(1) Any person who violates KRS 311.250 shall be guilty of a violation. 23
(2) Any college or college professor [thereof ]violating the provisions of KRS 311.300 24
to 311.350 shall be civilly liable on his or her bond for a sum not less than one 25
hundred dollars ($100) nor more than one thousand dollars ($1,000) for each 26
violation, which may be recovered by an action in the name of the Commonwealth. 27
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(3) Any person who presents to the county clerk for the purpose of registration any 1
license which has been fraudulently obtained, or obtains any license under KRS 2
311.380 to 311.510 by false or fraudulent statement or repres entation, or practices 3
podiatry under a false or assumed name or falsely impersonates another practitioner 4
or former practitioner of a like or different name, or aids and abets any person in the 5
practice of podiatry within the state without conforming to the requirements of KRS 6
311.380 to 311.510, or otherwise violates or neglects to comply with any of the 7
provisions of KRS 311.380 to 311.510, shall be guilty of a Class A misdemeanor. 8
Each case of practicing podiatry in violation of the provisions of KRS 31 1.380 to 9
311.510 shall be considered a separate offense. 10
(4) Each violation of KRS 311.560 shall constitute a Class D felony. 11
(5) Each violation of KRS 311.590 shall constitute a Class D felony. Conviction under 12
this subsection of a holder of a license or permit shall result automatically in 13
permanent revocation of the[such] license or permit. 14
(6) Conviction of willfully resisting, preventing, impeding, obstructing, threatening, or 15
interfering with the board or any of its members, or of any officer, agent, inspector, 16
or investigator of the board or the Cabinet for Health and Family Services, in the 17
administration of any of the provisions of KRS 311.550 to 311.620 shall be a Class 18
A misdemeanor. 19
(7) Each violation of KRS 311.375(1) shall, for the first offens e, be a Class B 20
misdemeanor, and, for each subsequent offense shall be a Class A misdemeanor. 21
(8) Each violation of KRS 311.375(2) shall, for the first offense, be a violation, and, for 22
each subsequent offense, be a Class B misdemeanor. 23
(9) Each day of vio lation of either subsection of KRS 311.375 shall constitute a 24
separate offense. 25
(10) (a) Any person who intentionally or knowingly performs an abortion contrary to 26
the requirements of KRS 311.723(1) shall be guilty of a Class D felony. 27
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(b) Any person who i ntentionally, knowingly, or recklessly violates the 1
requirements of KRS 311.723(2) shall be guilty of a Class A misdemeanor. 2
(11) (a) 1. Any physician who performs a partial-birth abortion in violation of KRS 3
311.765 shall be guilty of a Class D felony. Ho wever, a physician shall 4
not be guilty of the criminal offense if the partial -birth abortion was 5
necessary to save the life of the mother whose life was endangered by a 6
physical disorder, illness, or injury. 7
2. A physician may seek a hearing before the Sta te Board of Medical 8
Licensure on whether the physician's conduct was necessary to save the 9
life of the mother whose life was endangered by a physical disorder, 10
illness, or injury. The board's findings, decided by majority vote of a 11
quorum, shall be admissible at the trial of the physician. The board shall 12
promulgate administrative regulations to carry out the provisions of this 13
subparagraph. 14
3. Upon a motion of the physician, the court shall delay the beginning of 15
the trial for not more than thirty (30) days to permit the hearing, referred 16
to in subparagraph 2. of this paragraph, to occur. 17
(b) Any person other than a physician who performs a partial -birth abortion shall 18
not be prosecuted under this subsection but shall be prosecuted under 19
provisions of law w hich prohibit any person other than a physician from 20
performing any abortion. 21
(c) No penalty shall be assessed against the woman upon whom the partial -birth 22
abortion is performed or attempted to be performed. 23
(12) (a) Except as provided in KRS 311.732(12), any person who intentionally, 24
knowingly, or recklessly performs an abortion upon a minor without obtaining 25
the required consent pursuant to KRS 311.732 shall be guilty of a Class D 26
felony. 27
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(b) Except as provided in paragraph (a) of this subsection, any pe rson who 1
intentionally or knowingly fails to conform to any requirement of KRS 2
311.732 is guilty of a Class A misdemeanor. 3
(c) Any person who negligently releases information or documents which are 4
confidential under KRS 311.732 is guilty of a Class B misdemeanor. 5
(13) [Any person who performs an abortion upon a married woman either with 6
knowledge or in reckless disregard of whether KRS 311.735 applies to her and who 7
intentionally, knowingly, or recklessly fails to conform to the requirements of KRS 8
311.735 shall be guilty of a Class D felony. 9
(14) ]Any person convicted of violating KRS 311.750 shall be guilty of a Class B 10
felony. 11
(14)[(15)] Any person who violates KRS 311.760(2) shall be guilty of a Class D felony. 12
(15)[(16)] Any person who violates KRS 311.770 shall be guilty of a Class D felony. 13
(16)[(17)] Except as provided in KRS 311.787(3), any person who intentionally violates 14
KRS 311.787 shall be guilty of a Class D felony. 15
(17)[(18)] A person convicted of violating KRS 311.780 shall be guilty of a Cl ass C 16
felony. 17
(18)[(19)] Except as provided in KRS 311.782(6), any person who intentionally violates 18
KRS 311.782 shall be guilty of a Class D felony. 19
(19)[(20)] Any person who violates KRS 311.783(1) shall be guilty of a Class B 20
misdemeanor. 21
(20)[(21)] Any person who violates KRS 311.7705(1) is guilty of a Class D felony. 22
(21)[(22)] Any person who violates KRS 311.7706(1) is guilty of a Class D felony. 23
(22)[(23)] Except as provided in KRS 311.731(7), any person who violates KRS 24
311.731(2) shall be guilty of a Class D felony. 25
(23)[(24)] Any physician, physician assistant, advanced practice registered nurse, nurse, 26
or other healthcare provider who intentionall y violates KRS 311.823(2) shall be 27
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guilty of a Class D felony. As used in this subsection, "healthcare provider" has the 1
same meaning as in KRS 311.821. 2
(24)[(25)] Any person who violates KRS 311.810 shall be guilty of a Class A 3
misdemeanor. 4
(25)[(26)] Any professional medical association or society, licensed physician, or 5
hospital or hospital medical staff who violates[shall have violated the provisions of] 6
KRS 311.606 shall be guilty of a Class B misdemeanor. 7
(26)[(27)] Any administrator, officer, or empl oyee of a publicly owned hospital or 8
publicly owned health care facility who performs or permits the performance of 9
abortions in violation of KRS 311.800(1) shall be guilty of a Class A misdemeanor. 10
(27)[(28)] Any person who violates KRS 311.905(3) shall be guilty of a violation. 11
(28)[(29)] Any person who violates the provisions of KRS 311.820 shall be guilty of a 12
Class A misdemeanor. 13
(29)[(30)] Any person who fails to test organs, skin, or other human tissue which is to be 14
transplanted, or violates the con fidentiality provisions required by KRS 311.281, 15
shall be guilty of a Class A misdemeanor. 16
(30)[(31)] Any person who sells or makes a charge for any transplantable organ shall be 17
guilty of a Class D felony. 18
(31)[(32)] Any person who offers remuneration for any transplantable organ for use in 19
transplantation into himself or herself shall be fined not less than five thousand 20
dollars ($5,000) nor more than fifty thousand dollars ($50,000). 21
(32)[(33)] Any person brokering the sale or transfer of any transplanta ble organ shall be 22
guilty of a Class C felony. 23
(33)[(34)] Any person charging a fee associated with the transplantation of a 24
transplantable organ in excess of the direct and indirect costs of procuring, 25
distributing, or transplanting the transplantable org an shall be fined not less than 26
fifty thousand dollars ($50,000) nor more than five hundred thousand dollars 27
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($500,000). 1
(34)[(35)] Any hospital performing transplantable organ transplants which knowingly 2
fails to report the possible sale, purchase, or bro kering of a transplantable organ 3
shall be fined not less than ten thousand dollars ($10,000) or more than fifty 4
thousand dollars ($50,000). 5
(35)[(36)] (a) Any physician or qualified technician who violates KRS 311.727 shall 6
be fined not more than one hundr ed thousand dollars ($100,000) for a first 7
offense and not more than two hundred fifty thousand dollars ($250,000) for 8
each subsequent offense. 9
(b) In addition to the fine, the court shall report the violation of any physician, in 10
writing, to the Kentucky Board of Medical Licensure for such action and 11
discipline as the board deems appropriate. 12
(36)[(37)] Any person who violates KRS 311.691 shall be guilty of a Class B 13
misdemeanor for the first offense, and a Class A misdemeanor for a second or 14
subsequent offense. In addition to any other penalty imposed for that violation, the 15
board may, through the Attorney General, petition a Circuit Court to enjoin the 16
person who is violating KRS 311.691 from practicing genetic counseling in 17
violation of the requirements of KRS 311.690 to 311.700. 18
(37)[(38)] Any person convicted of violating KRS 311.728 shall be guilty of a Class D 19
felony. 20
(38)[(39)] (a) A person who intentionally, knowingly, or recklessly violates KRS 21
311.7731 to 311.7739 is guilty of a Class D felony. 22
(b) No criminal penalty may be assessed against a pregnant patient upon whom a 23
drug-induced abortion is attempted, induced, or performed. 24
Section 16. The following KRS section is repealed: 25
311.735 Notice to spouse -- Exceptions -- Civil remedies. 26
Section 17. This Act may be cited as the Compassionate Care Act. 27