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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) "Abortion" means the use of any means whatsoever to terminate the pregnancy of a 6
woman known to be pregnant with intent to cause fetal death; 7
(2) "Accepted medical procedures" means procedures of the type performed in the 8
manner and in a facility with equipment sufficient to meet the standards of medical 9
care which physicians engaged in the same or similar lines of work, would 10
ordinarily exercise and devote to the benefit of their patients; 11
(3) "Cabinet" means the Cabinet for Health and Family Services of the Commonwealth 12
of Kentucky; 13
(4) "Consent," as used in KRS 311.710 to 311.820 with reference to those who must 14
give their consent, means an informed consent expressed by a written agreement to 15
submit to an abortion on a written form of consent to be promulgated by the 16
secretary for health and family services; 17
(5) "Ectopic pregnancy" means a fetus or embryo which is developing outside of the 18
uterus; 19
(6) "Family planning services" means educational, medical, and social services and 20
activities that enable individuals to determine the number and spacing of their 21
children and to select the means by which this may be achieved; 22
(7)[(6)] "Fetus" means a human being from fertilization until birth; 23
(8)[(7)] "Hospital" means those institutions licensed in the Commonwealth of 24
Kentucky pursuant to the provisions of KRS Chapter 216; 25
(9)[(8)] "Human being" means any member of the species homo sapiens from 26
fertilization until death; 27 UNOFFICIAL COPY 24 RS BR 1647
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(10) "Incomplete miscarriage" means the retention of products of conception in the 1
uterus after the diagnosis of an early pregnancy loss; 2
(11) "Lethal fetal anomaly" means a fetal condition diagnosed before birth from 3
which an unborn child would die at birth or shortly thereafter, or be stillborn; 4
(12)[(9)] "Medical emergency" means any condition which, on the basis of the 5
physician's good-faith clinical judgment, so complicates the medical condition of a 6
pregnant female as to necessitate the immediate abortion of her pregnancy to avert 7
her death or for which a delay will create serious risk of substantial and irreversible 8
impairment of a major bodily function; 9
(13)[(10)] "Medical necessity" means a medical condition of a pregnant woman that, in 10
the reasonable judgment of the physician who is attending the woman, so 11
complicates the pregnancy that it necessitates the immediate performance or 12
inducement of an abortion; 13
(14)[(11)] "Partial-birth abortion" means an abortion in which the physician performing 14
the abortion partially vaginally delivers a living fetus before killing the fetus and 15
completing the delivery; 16
(15)[(12)] "Physician" means any person licensed to practice medicine in the 17
Commonwealth or osteopathy pursuant to this chapter; 18
(16)[(13)] "Probable gestational age of the embryo or fetus" means the gestational age 19
that, in the judgment of a physician, is, with reasonable probability, the gestational 20
age of the embryo or fetus at the time that the abortion is planned to be performed; 21
(17)[(14)] "Public agency" means the Commonwealth of Kentucky; any agency, 22
department, entity, or instrumentality thereof; any city, county, agency, department, 23
entity, or instrumentality thereof; or any other political subdivision of the 24
Commonwealth, agency, department, entity, or instrumentality thereof; 25
(18)[(15)] "Vaginally delivers a living fetus before killing the fetus" means deliberately 26
and intentionally delivers into the vagina a living fetus, or a substantial portion 27 UNOFFICIAL COPY 24 RS BR 1647
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thereof, for the purpose of performing a procedure the physician knows will kill the 1
fetus, and kills the fetus; and 2
(19)[(16)] "Viability" means that stage of human development when the life of the 3
unborn child may be continued by natural or life-supportive systems outside the 4
womb of the mother. 5
Section 2. KRS 311.723 is amended to read as follows: 6
(1) No abortion shall be performed except by a physician[ after either]: 7
(a) After the physician[He] determines that, in his or her best clinical judgment, 8
the abortion is necessary: 9
1. To preserve the life of the mother or to avoid a serious risk of the 10
substantial and irreversible impairment of a major bodily function of 11
the pregnant woman; 12
2. To remove a dead unborn fetus; 13
3. To remove an ectopic pregnancy or incomplete miscarriage; or 14
4. Because of a lethal fetal anomaly; 15
(b) After the physician[He] receives what he or she reasonably believes to be a 16
written statement signed by another physician, hereinafter called the 17
"referring physician," certifying that in the referring physician's best clinical 18
judgment the abortion is necessary, and, in addition, he or she receives a copy 19
of the report form required by KRS 213.101; or 20
(c) If, in the physician's best clinical judgment, the pregnancy is the result of: 21
1. a. Rape under KRS 510.040, 510.050, or 510.060; or 22
b. Incest under KRS 530.020(2)(b) or (c); and 23
2. The abortion is performed no later than six (6) weeks after the first 24
day of the woman's last menstrual period. 25
(2) No abortion shall be performed except in compliance with regulations which the 26
cabinet shall issue to ensure that: 27 UNOFFICIAL COPY 24 RS BR 1647
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(a) Before the abortion is performed, the pregnant woman shall have a private 1
medical consultation either with the physician who is to perform the abortion 2
or with the referring physician in a place, at a time, and of a duration 3
reasonably sufficient to enable the physician to determine whether, based 4
upon the physician's[his] best clinical judgment, the abortion is necessary; 5
(b) The physician who is to perform the abortion or the referring physician will 6
describe the basis for his or her best clinical judgment that the abortion is 7
necessary on a form prescribed by the cabinet as required by KRS 213.101; 8
and 9
(c) Paragraph (a) of this subsection shall not apply when, in the medical judgment 10
of the attending physician based on the particular facts of the case before him 11
or her, there exists a medical emergency. In such a case, the physician shall 12
describe the basis of his or her medical judgment that an emergency exists on 13
a form prescribed by the cabinet as required by KRS 213.101. 14
(3) Notwithstanding any statute to the contrary, nothing in this chapter shall be 15
construed as prohibiting a physician from prescribing or a woman from using birth 16
control methods or devices, including, but not limited to, intrauterine devices, oral 17
contraceptives, or any other birth control method or device. 18
Section 3. KRS 311.725 is amended to read as follows: 19
(1) No abortion shall be performed or induced except with the voluntary and informed 20
written consent of the woman upon whom the abortion is to be performed or 21
induced. Except in the case of a medical emergency, consent to an abortion is 22
voluntary and informed if and only if: 23
(a) At least twenty-four (24) hours prior to the abortion, a physician, licensed 24
nurse, physician assistant, or social worker to whom the responsibility has 25
been delegated by the physician has verbally informed the woman of all of the 26
following: 27 UNOFFICIAL COPY 24 RS BR 1647
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1. The nature and purpose of the particular abortion procedure or treatment 1
to be performed and of those medical risks and alternatives to the 2
procedure or treatment that a reasonable patient would consider material 3
to the decision of whether or not to undergo the abortion; 4
2. The probable gestational age of the embryo or fetus at the time the 5
abortion is to be performed; 6
3. The medical risks associated with the pregnant woman carrying her 7
pregnancy to term; and 8
4. The potential ability of a physician to reverse the effects of prescription 9
drugs intended to induce abortion, where additional information about 10
this possibility may be obtained, and contact information for assistance 11
in locating a physician who may aid in the reversal; 12
(b) At least twenty-four (24) hours prior to the abortion, in an individual, private 13
setting, a physician, licensed nurse, physician assistant, or social worker to 14
whom the responsibility has been delegated by the physician has informed the 15
pregnant woman that: 16
1. The cabinet publishes the printed materials described in subsection 17
(2)(a), (b), and (c) of this section and that she has a right to review the 18
printed materials and that copies will be provided to her by the 19
physician, licensed nurse, physician assistant, or social worker free of 20
charge if she chooses to review the printed materials; 21
2. Medical assistance benefits may be available for prenatal care, 22
childbirth, and neonatal care, and that more detailed information on the 23
availability of such assistance is contained in the printed materials 24
published by the cabinet; 25
3. The father of the fetus is liable to assist in the support of her child, even 26
in instances where he has offered to pay for the abortion; and 27 UNOFFICIAL COPY 24 RS BR 1647
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4. It is illegal in Kentucky to intentionally perform an abortion, in whole or 1
in part, because of: 2
a. The sex of the unborn child; 3
b. The race, color, or national origin of the unborn child; or 4
c. The diagnosis, or potential diagnosis, of Down syndrome or any 5
other disability, except a lethal fetal anomaly; 6
(c) At least twenty-four (24) hours prior to the abortion, a copy of the printed 7
materials has been provided to the pregnant woman if she chooses to view 8
these materials; 9
(d) The pregnant woman certifies in writing, prior to the performance or 10
inducement of the abortion: 11
1. That she has received the information required to be provided under 12
paragraphs (a), (b), and (c) of this subsection; and 13
2. That she consents to the particular abortion voluntarily and knowingly, 14
and she is not under the influence of any drug of abuse or alcohol; and 15
(e) Prior to the performance or inducement of the abortion, the physician who is 16
scheduled to perform or induce the abortion or the physician's agent receives a 17
copy of the pregnant woman's signed statement, on a form which may be 18
provided by the physician, on which she consents to the abortion and that 19
includes the certification required by paragraph (d) of this subsection. 20
(2) [By January 1, 1999, ]The cabinet shall cause to be published in English in a 21
typeface not less than 12 point type the following[ materials]: 22
(a) Materials that inform the pregnant woman about public and private agencies 23
and services that are available to assist her through her pregnancy, upon 24
childbirth, and while her child is dependent, including[,] but not limited to[,] 25
adoption agencies. The materials shall include a comprehensive list of the 26
available agencies and a description of the services offered by the agencies 27 UNOFFICIAL COPY 24 RS BR 1647
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and the telephone numbers and addresses of the agencies, and inform the 1
pregnant woman about available medical assistance benefits for prenatal care, 2
childbirth, and neonatal care and about the support obligations of the father of 3
a child who is born alive. The cabinet shall ensure that the materials are 4
comprehensive and do not directly or indirectly promote, exclude, or 5
discourage the use of any agency or service described in this section; 6
(b) Materials that inform the pregnant woman of the probable anatomical and 7
physiological characteristics of the zygote, blastocyte, embryo, or fetus at two 8
(2) week gestational increments for the first sixteen (16) weeks of her 9
pregnancy and at four (4) week gestational increments from the seventeenth 10
week of her pregnancy to full term, including any relevant information 11
regarding the time at which the fetus possibly would be viable. The materials 12
shall use language that is understandable by the average person who is not 13
medically trained, shall be objective and nonjudgmental, and shall include 14
only accurate scientific information about the zygote, blastocyte, embryo, or 15
fetus at the various gestational increments. The materials shall include, for 16
each of the two (2) or[of] four (4) week increments specified in this 17
paragraph, a pictorial or photographic depiction of the zygote, blastocyte, 18
embryo, or fetus. The materials shall also include, in a conspicuous manner, a 19
scale or other explanation that is understandable by the average person and 20
that can be used to determine the actual size of the zygote, blastocyte, embryo, 21
or fetus at a particular gestational increment as contrasted with the depicted 22
size of the zygote, blastocyte, embryo, or fetus at that gestational increment; 23
and 24
(c) Materials that inform the pregnant woman of the potential ability of a 25
physician to reverse the effects of prescription drugs intended to induce 26
abortion, where additional information about this possibility may be obtained, 27 UNOFFICIAL COPY 24 RS BR 1647
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and contact information for assistance in locating a physician who may aid in 1
the reversal. 2
(3) Upon submission of a request to the cabinet by any person, hospital, physician, or 3
medical facility for one (1) or more copies of the materials published in accordance 4
with subsection (2) of this section, the cabinet shall make the requested number of 5
copies of the materials available to the person, hospital, physician, or medical 6
facility that requested the copies. 7
(4) If a medical emergency or medical necessity compels the performance or 8
inducement of an abortion, the physician who will perform or induce the abortion, 9
prior to its performance or inducement if possible, shall inform the pregnant woman 10
of the medical indications supporting the physician's judgment that an immediate 11
abortion is necessary. Any physician who performs or induces an abortion without 12
the prior satisfaction of the conditions specified in subsection (1) of this section 13
because of a medical emergency or medical necessity shall enter the reasons for the 14
conclusion that a medical emergency or medical necessity exists in the medical 15
record of the pregnant woman. 16
(5) If the conditions specified in subsection (1) of this section are satisfied, consent to 17
an abortion shall be presumed to be valid and effective. 18
(6) The failure of a physician to satisfy the conditions of subsection (1) of this section 19
prior to performing or inducing an abortion upon a pregnant woman may be the 20
basis of disciplinary action pursuant to KRS 311.595. 21
(7) The cabinet shall charge a fee for each copy of the materials distributed in 22
accordance with subsections (1) and (3) of this section. The fee shall be sufficient to 23
cover the cost of the administration of the materials published in accordance with 24
subsection (2) of this section, including the cost of preparation and distribution of 25
materials. 26
Section 4. KRS 311.727 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS BR 1647
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(1) As used in this section: 1
(a) "Auscultate[Ascultate]" means to examine by listening for sounds made by 2
internal organs of the fetus, specifically for a fetal heartbeat, utilizing an 3
ultrasound transducer or a fetal heart rate monitor; 4
(b) "Obstetric ultrasound" or "ultrasound" means the use of ultrasonic waves for 5
diagnostic or therapeutic purposes, specifically to monitor a developing fetus; 6
and 7
(c) "Qualified technician" means a medical imaging technologist as defined in 8
KRS 311B.020 who is certified in obstetrics and gynecology by the American 9
Registry for Diagnostic Medical Sonography or a nurse midwife or advance 10
practice nurse practitioner in obstetrics with certification in obstetrical 11
ultrasonography. 12
(2) Prior to a woman giving informed consent to having any part of an abortion 13
performed, the physician who is to perform the abortion or a qualified technician to 14
whom the responsibility has been delegated by the physician shall: 15
(a) Perform an obstetric ultrasound on the pregnant woman; 16
(b) Provide a simultaneous explanation of what the ultrasound is depicting, which 17
shall include the presence and location of the unborn child within the uterus 18
and the number of unborn children depicted and also, if the ultrasound image 19
indicates that fetal demise has occurred, inform the woman of that fact; 20
(c) Display the ultrasound images so that the pregnant woman may view the 21
images; 22
(d) Auscultate[Ascultate] the fetal heartbeat of the unborn child so that the 23
pregnant woman may hear the heartbeat if the heartbeat is audible; 24
(e) Provide a medical description of the ultrasound images, which shall include 25
the dimensions of the embryo or fetus and the presence of external members 26
and internal organs, if present and viewable; and 27 UNOFFICIAL COPY 24 RS BR 1647
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(f) Retain in the woman's medical record a signed certification from the pregnant 1
woman that she has been presented with the information required to be 2
provided under paragraphs (c) and (d) of this subsection and has viewed the 3
ultrasound images, listened to the heartbeat if the heartbeat is audible, or 4
declined to do so. The signed certification shall be on a form prescribed by the 5
cabinet. 6
(3) When the ultrasound images and heartbeat sounds are provided to and reviewed 7
with the pregnant woman, nothing in this section shall be construed to prevent the 8
pregnant woman from averting her eyes from the ultrasound images or requesting 9
the volume of the heartbeat be reduced or turned off if the heartbeat is audible. 10
Neither the physician, the qualified technician, nor the pregnant woman shall be 11
subject to any penalty if the pregnant woman refuses to look at the displayed 12
ultrasound images or to listen to the heartbeat if the heartbeat is audible. 13
(4) The requirements of this section shall be in addition to any requirement contained 14
in KRS 311.725 or any other section of KRS 311.710 to 311.820. 15
(5) The provisions of this section shall not apply: 16
(a) In the case of a medical emergency or medical necessity. If a medical 17
emergency or medical necessity compels the performance or inducement of an 18
abortion, the physician who will perform or induce the abortion, prior to its 19
performance or inducement if possible, shall inform the pregnant woman of 20
the medical indications supporting the physician's judgment that an immediate 21
abortion is necessary. Any physician who performs or induces an abortion 22
without the prior satisfaction of the requirements of this section because of a 23
medical emergency or medical necessity shall enter the reasons for the 24
conclusion that a medical emergency or medical necessity exists in the 25
medical record of the pregnant woman; or 26
(b) If the fetus the pregnant woman is carrying has a lethal fetal anomaly. 27 UNOFFICIAL COPY 24 RS BR 1647
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Section 5. KRS 311.732 is amended to read as follows: 1
(1) For purposes of this section the following definitions shall apply: 2
(a) "Minor" means any person under the age of eighteen (18); 3
(b) "Emancipated minor" means any minor who is or has been married or has by 4
court order or otherwise been freed from the care, custody, and control of her 5
parents; and 6
(c) "Abortion" means the use of any instrument, medicine, drug, or any other 7
substance or device with intent to terminate the pregnancy of a woman known 8
to be pregnant[ with intent] other than to increase the probability of a live 9
birth, to preserve the life or health of the child after live birth,[ or] to remove a 10
dead fetus, or as provided in subsection (4) of this section. 11
(2) No person shall perform an abortion upon a minor unless: 12
(a) The attending physician has secured the informed written consent of the 13
minor and one (1) parent or legal guardian with joint or physical custody and 14
the consenting parent or legal guardian of the minor has made a reasonable 15
attempt to notify any other parent with joint or physical custody at least forty-16
eight (48) hours prior to providing the informed written consent. 17
1. Notice shall not be required to be provided to any parent who has: 18
a. Previously been enjoined by a domestic violence order or 19
interpersonal protective order, regardless of whether or not the 20
person to be protected by the order was the minor; or 21
b. Been convicted of, or entered into a diversion program for, a 22
criminal offense against a victim who is a minor as defined in 23
KRS 17.500 or for a violent or sexual criminal offense under KRS 24
Chapter 506, 507, 507A, 508, 509, 510, 529, 530, or 531. 25
2. The informed written consent shall include: 26
a. A copy of the minor's government-issued identification, a copy of 27 UNOFFICIAL COPY 24 RS BR 1647
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the consenting parent's or legal guardian's government-issued 1
identification, and written documentation including but not limited 2
to a birth certificate, court-ordered custodial paperwork, or tax 3
return, establishing that he or she is the lawful parent or legal 4
guardian; and 5
b. The parent's or legal guardian's certification that he or she consents 6
to the abortion. The certification shall be in a signed, dated, and 7
notarized document that has been initialed on each page and that 8
contains the following statement, which shall precede the signature 9
of the parent or legal guardian: "I, (insert name of parent or legal 10
guardian), am the (select "parent" or "legal guardian") of (insert 11
name of minor) and give consent for (insert name of attending 12
physician) to perform an abortion on her. Under penalties of 13
perjury, I declare that I have read the foregoing statement and that 14
the facts stated in it are true." 15
3. The attending physician shall keep a copy of the informed written 16
consent in the medical file of the minor for five (5) years after the minor 17
reaches eighteen (18) years of age or for seven (7) years, whichever is 18
longer. 19
4. The attending physician securing the informed written consent from a 20
parent or legal guardian under this subsection shall execute for inclusion 21
in the medical record of the minor an affidavit stating: "I, (insert name 22
of attending physician), certify that, according to my best information 23
and belief, a reasonable person under similar circumstances would rely 24
on the information presented by both the minor and her parent or legal 25
guardian as sufficient evidence of identity."; 26
(b) The minor is emancipated and the attending physician has received the 27 UNOFFICIAL COPY 24 RS BR 1647
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informed written consent of the minor; or 1
(c) The minor elects to petition any Circuit or District Court of the 2
Commonwealth pursuant to subsection (3) of this section and obtain an order 3
pursuant to subsection (4) of this section granting consent to the abortion and 4
the attending physician has received the informed written consent of the 5
minor. 6
(3) Every minor shall have the right to petition any Circuit or District Court of the 7
Commonwealth for an order granting the right to self-consent to an abortion 8
pursuant to the following procedures: 9
(a) The minor or her next friend may prepare and file a petition setting forth the 10
request of the minor for an order of consent to an abortion; 11
(b) The court shall ensure that the minor prepares or her next friend is given 12
assistance in preparing and filing the petition and shall ensure that the minor's 13
identity is kept anonymous; 14
(c) The minor may participate in proceedings in the court on her own behalf or 15
through her next friend and the court shall appoint a guardian ad litem for her. 16
The court shall advise her that she has a right to court-appointed counsel and 17
shall provide her with such counsel upon her request; 18
(d) All proceedings under this section shall be anonymous and shall be given 19
preference over other matters to ensure that the court may reach a decision 20
promptly, but in no case shall the court fail to rule within seventy-two (72) 21
hours of the time of application, provided that the seventy-two (72) hour 22
limitation may be extended at the request of the minor; and 23
(e) The court shall hold a hearing on the merits of the petition before reaching a 24
decision. The court shall hear evidence at the hearing relating to: 25
1. The minor's: 26
a. Age; 27 UNOFFICIAL COPY 24 RS BR 1647
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b. Emotional development and stability; 1
c. Maturity; 2
d. Intellect; 3
e. Credibility and demeanor as a witness; 4
f. Ability to accept responsibility; 5
g. Ability to assess both the current and future life-impacting 6
consequences of, and alternatives to, the abortion; and 7
h. Ability to understand and explain the medical risks of the abortion 8
and to apply that understanding to her decision; and 9
2. Whether there may be any undue influence by another on the minor's 10
decision to have an abortion. 11
(4) (a) If the court finds by: 12
1. Clear and convincing evidence that the minor is sufficiently mature to 13
decide whether to have an abortion; 14
2. Clear and convincing evidence that the requirements of this section are 15
not in the best interest of the minor; or 16
3. A preponderance of the evidence that the minor is: 17
a. The victim of child abuse or sexual abuse inflicted by one (1) or 18
both of her parents or her legal guardian; 19
b. Pregnant with a fetus that has a lethal fetal anomaly; 20
c. Seeking the abortion to remove a dead fetus, ectopic pregnancy, 21
or incomplete miscarriage; or 22
d. Pregnant as a result of rape under KRS 510.040, 510.050, or 23
510.060, or incest under KRS 530.020(2)(b) or (c) and the 24
abortion is performed no later than six (6) weeks after the first 25
day of the woman's last menstrual period; 26
the court shall enter a written order, making specific factual findings and legal 27 UNOFFICIAL COPY 24 RS BR 1647
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conclusions supporting its decision to grant the petition for an abortion. 1
(b) If the court does not make any of the findings specified in paragraph (a) of 2
this subsection, the court shall deny the petition. 3
(c) As used in this subsection, "best interest of the minor" shall not include 4
financial best interest, financial considerations, or the potential financial 5
impact on the minor or the minor's family if the minor does not have an 6
abortion. 7
(5) Any minor shall have the right of anonymous and expedited appeal to the Court of 8
Appeals, and that court shall give precedence over other pending matters. 9
(6) All hearings under this section, including appeals, shall remain confidential and 10
closed to the public. The hearings shall be held in chambers or in a similarly private 11
and informal setting within the courthouse. 12
(7) No fees shall be required of any minor who declares she has no sufficient funds to 13
pursue the procedures provided by this section. 14
(8) (a) The Supreme Court is respectfully requested to promulgate any rules[ and 15
regulations] it feels are necessary to ensure that proceedings under this section 16
are handled in an expeditious and anonymous manner. 17
(b) The Supreme Court, through the Administrative Office of the Courts, shall 18
report by February 1 of each year to the Legislative Research Commission 19
and the cabinet on the number of petitions filed under subsection (3) of this 20
section for the preceding year, and the timing and manner of disposal of the 21
petition by each court. For each approved petition granting an abortion filed 22
under subsection (3) of this section, the specific court finding in subsection 23
(4) of this section shall be included in the report. 24
(9) (a) The requirements of subsections (2), (3), and (4) of this section shall not apply 25
when, in the best medical judgment of the physician based on the facts of the 26
case before him or her, a medical emergency exists that so complicates the 27 UNOFFICIAL COPY 24 RS BR 1647
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pregnancy as to require an immediate abortion. 1
(b) If a medical emergency exists, the physician shall make reasonable attempts, 2
whenever possible, and without endangering the minor, to contact the parent 3
or legal guardian of the minor, and may proceed, but must document reasons 4
for the medical necessity in the minor's medical records. 5
(c) The physician shall inform the parent or legal guardian, in person or by 6
telephone, within twenty-four (24) hours of the abortion, including details of 7
the medical emergency that necessitated the abortion without the parent's or 8
legal guardian's consent. The physician shall also provide this information in 9
writing to the parent or legal guardian at his or her last known address by 10
first-class mail or by certified mail, return receipt requested, with delivery 11
restricted to the parent or legal guardian. 12
(10) A report indicating the basis for any medical judgment that warrants failure to 13
obtain consent pursuant to this section shall be filed with the Cabinet for Health and 14
Family Services on a form supplied by the cabinet. This report shall be confidential. 15
(11) Failure to obtain consent pursuant to the requirements of this section is prima facie 16
evidence of failure to obtain informed consent and of interference with family 17
relations in appropriate civil actions. The law of this state shall not be construed to 18
preclude the award of exemplary damages in any appropriate civil action relevant to 19
violations of this section. Nothing in this section shall be construed to limit the 20
common-law rights of parents. 21
(12) A minor upon whom an abortion is performed is not guilty of violating this section. 22
Section 6. KRS 311.760 is amended to read as follows: 23
An abortion may be performed in this state only under the following circumstances: 24
(1) During the first trimester of pregnancy by a woman upon herself upon the advice of 25
a licensed physician or by a licensed physician. 26
(2) After the first trimester of pregnancy, except in cases of emergency to protect the 27 UNOFFICIAL COPY 24 RS BR 1647
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life or health of the pregnant woman, where an abortion is permitted under other 1
provisions of KRS 311.710 to 311.820 or 311.7701 to 311.7711, by a duly licensed 2
physician in a hospital duly licensed by the Kentucky Health Facilities and Health 3
Services Certificate of Need and Licensure Board. 4
Section 7. KRS 311.7701 is amended to read as follows: 5
As used in KRS 311.7701 to 311.7711: 6
(1) "Conception" means fertilization; 7
(2) "Contraceptive" means a drug, device, or chemical that prevents conception; 8
(3) "Fertilization" has the same meaning as in KRS 311.781; 9
(4) "Fetal heartbeat" means cardiac activity or the steady and repetitive rhythmic 10
contraction of the fetal heart within the gestational sac; 11
(5) "Fetus" means the human offspring developing during pregnancy from the moment 12
of conception and includes the embryonic stage of development; 13
(6) "Frivolous conduct" has the same meaning as in KRS 311.784; 14
(7) "Gestational age" means the age of an unborn human individual as calculated from 15
the first day of the last menstrual period of a pregnant woman; 16
(8) "Gestational sac" means the structure that comprises the extraembryonic 17
membranes that envelop the fetus and that is typically visible by ultrasound after 18
the fourth week of pregnancy; 19
(9) "Intrauterine pregnancy" means a pregnancy in which the fetus is attached to the 20
placenta within the uterus of the pregnant woman; 21
(10) "Lethal fetal anomaly" has the same meaning as in Section 1 of this Act; 22
(11) "Medical emergency" has the same meaning as in KRS 311.781; 23
(12)[(11)] "Physician" has the same meaning as in KRS 311.720; 24
(13)[(12)] "Pregnancy" means the human female reproductive condition that begins with 25
fertilization, when the woman is carrying the developing human offspring, and that 26
is calculated from the first day of the last menstrual period of the woman; 27 UNOFFICIAL COPY 24 RS BR 1647
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(14)[(13)] "Serious risk of the substantial and irreversible impairment of a major bodily 1
function" has the same meaning as in KRS 311.781; 2
(15)[(14)] "Spontaneous miscarriage" means the natural or accidental termination of a 3
pregnancy and the expulsion of the fetus, typically caused by genetic defects in the 4
fetus or physical abnormalities in the pregnant woman; 5
(16)[(15)] "Standard medical practice" means the degree of skill, care, and diligence that 6
a physician of the same medical specialty would employ in like circumstances. As 7
applied to the method used to determine the presence of a fetal heartbeat for 8
purposes of KRS 311.7704, "standard medical practice" includes employing the 9
appropriate means of detection depending on the estimated gestational age of the 10
fetus and the condition of the woman and her pregnancy; and 11
(17)[(16)] "Unborn child" and "unborn human individual" have the same meaning as 12
"unborn child" has in KRS 311.781. 13
Section 8. KRS 311.7706 is amended to read as follows: 14
(1) Except as provided in subsection (2) of this section, no person shall intentionally 15
perform or induce an abortion on a pregnant woman with the specific intent of 16
causing or abetting the termination of the life of the unborn human individual the 17
pregnant woman is carrying and whose fetal heartbeat has been detected in 18
accordance with KRS 311.7704(1). 19
(2) (a) Subsection (1) of this section shall not apply to a physician who performs a 20
medical procedure that, in the physician's reasonable medical judgment:[,] 21
1. Is designed or intended to prevent the death of the pregnant woman or to 22
prevent a serious risk of the substantial and irreversible impairment of a 23
major bodily function of the pregnant woman; 24
2. Is necessary because of a lethal fetal anomaly; or 25
3. Is performed because, in the reasonable medical judgment of the 26
physician, the pregnancy is the result of rape under KRS 510.040, 27 UNOFFICIAL COPY 24 RS BR 1647
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510.050, 510.060, or incest under KRS 530.020(2)(b) or (c), and the 1
abortion is performed no later than six (6) weeks after the first day of 2
the woman's last menstrual period. 3
(b) A physician who performs a medical procedure as described in paragraph (a) 4
1. of this subsection shall, in writing: 5
1. Declare that the medical procedure is necessary, to the best of the 6
physician's reasonable medical judgment, to prevent the death of the 7
pregnant woman or to prevent a serious risk of the substantial and 8
irreversible impairment of a major bodily function of the pregnant 9
woman; and 10
2. Specify the pregnant woman's medical condition that the medical 11
procedure is asserted to address and the medical rationale for the 12
physician's conclusion that the medical procedure is necessary to 13
prevent the death of the pregnant woman or to prevent a serious risk of 14
the substantial and irreversible impairment of a major bodily function of 15
the pregnant woman. 16
(c) A physician who performs a medical procedure as described in paragraph 17
(a)2. of this subsection shall, in writing: 18
1. Declare that the medical procedure is necessary in the reasonable 19
medical judgment of the physician because of a lethal fetal anomaly; 20
and 21
2. Specify the lethal anomaly. 22
(d) A physician who performs a medical procedure as described in paragraph 23
(a)3. of this subsection shall, in writing, specify the basis for the 24
determination that the gestational age of the fetus is six (6) weeks or less 25
calculated from the first day of the woman's last menstrual period. 26
(e) The physician shall place the written document required by paragraph (b), (c), 27 UNOFFICIAL COPY 24 RS BR 1647
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or (d) of this subsection in the pregnant woman's medical records. The 1
physician shall maintain a copy of the document in the physician's own 2
records for at least seven (7) years from the date the document is created. 3
(3) A person is not in violation of subsection (1) of this section if the person acts in 4
accordance with KRS 311.7704(1) and the method used to determine the presence 5
of a fetal heartbeat does not reveal a fetal heartbeat. 6
(4) A pregnant woman on whom an abortion is intentionally performed or induced in 7
violation of subsection (1) of this section is not guilty of violating subsection (1) of 8
this section or of attempting to commit, conspiring to commit, or complicity in 9
committing a violation of subsection (1) of this section. In addition, the pregnant 10
woman is not subject to a civil penalty based on the abortion being performed or 11
induced in violation of subsection (1) of this section. 12
(5) Subsection (1) of this section shall not repeal or limit any other provision of the 13
Kentucky Revised Statutes that restricts or regulates the performance or inducement 14
of an abortion by a particular method or during a particular stage of a pregnancy. 15
Section 9. KRS 311.772 is amended to read as follows: 16
(1) As used in this section: 17
(a) "Fertilization" means that point in time when a male human sperm penetrates 18
the zona pellucida of a female human ovum; 19
(b) "Pregnant" means the human female reproductive condition of having a living 20
unborn human being within her body throughout the entire embryonic and 21
fetal stages of the unborn child from fertilization to full gestation and 22
childbirth; and 23
(c) "Unborn human being" means an individual living member of the species 24
homo sapiens throughout the entire embryonic and fetal stages of the unborn 25
child from fertilization to full gestation and childbirth. 26
(2) The provisions of this section shall become effective immediately upon, and to the 27 UNOFFICIAL COPY 24 RS BR 1647
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extent permitted, by the occurrence of any of the following circumstances: 1
(a) Any decision of the United States Supreme Court which reverses, in whole or 2
in part, Roe v. Wade, 410 U.S. 113 (1973), thereby restoring to the 3
Commonwealth of Kentucky the authority to prohibit abortion; or 4
(b) Adoption of an amendment to the United States Constitution which, in whole 5
or in part, restores to the Commonwealth of Kentucky the authority to prohibit 6
abortion. 7
(3) (a) Except as provided in subsections (4) and (6) of this section, no person may 8
knowingly: 9
1. Administer to, prescribe for, procure for, or sell to any pregnant woman 10
any medicine, drug, or other substance with the specific intent of 11
causing or abetting the termination of the life of an unborn human being; 12
or 13
2. Use or employ any instrument or procedure upon a pregnant woman 14
with the specific intent of causing or abetting the termination of the life 15
of an unborn human being. 16
(b) Any person who violates paragraph (a) of this subsection shall be guilty of a 17
Class D felony. 18
(4) The following shall not be a violation of subsection (3) of this section: 19
(a) For a licensed physician to perform a medical procedure necessary in the 20
reasonable medical judgment of the physician to prevent the death or 21
substantial risk of death due to a physical condition, or to prevent the serious, 22
permanent impairment of a life-sustaining organ of a pregnant woman. 23
However, except in circumstances under paragraph (b) of this subsection, 24
the physician shall make reasonable medical efforts under the circumstances 25
to preserve both the life of the mother and the life of the unborn human being 26
in a manner consistent with reasonable medical practice;[ or] 27 UNOFFICIAL COPY 24 RS BR 1647
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(b) For a licensed physician to perform an abortion because of a lethal fetal 1
anomaly; 2
(c) For a licensed physician to perform an abortion if in the reasonable 3
medical judgment of the physician the pregnancy is the result of rape under 4
KRS 510.040, 510.050, or 510.060, or incest under KRS 530.020(2)(b) or (c) 5
and the abortion is performed no later than six (6) weeks after the first day 6
of the woman's last menstrual period; or 7
(d) Medical treatment provided to the mother by a licensed physician which 8
results in the accidental or unintentional injury or death to the unborn human 9
being. 10
(5) Nothing in this section may be construed to subject the pregnant mother upon 11
whom any abortion is performed or attempted to any criminal conviction and 12
penalty. 13
(6) Nothing in this section may be construed to prohibit the sale, use, prescription, or 14
administration of a contraceptive measure, drug, or chemical, if it is administered 15
prior to the time when a pregnancy could be determined through conventional 16
medical testing and if the contraceptive measure is sold, used, prescribed, or 17
administered in accordance with manufacturer instructions. 18
(7) The provisions of this section shall be effective relative to the appropriation of 19
Medicaid funds, to the extent consistent with any executive order by the President 20
of the United States, federal statute, appropriation rider, or federal regulation that 21
sets forth the limited circumstances in which states must fund abortion to remain 22
eligible to receive federal Medicaid funds pursuant to 42 U.S.C. secs. 1396 et seq. 23
Section 10. KRS 311.780 is amended to read as follows: 24
(1) No abortion shall be performed or prescribed knowingly after the unborn child may 25
reasonably be expected to have reached viability, except when: 26
(a) Necessary to preserve the life or health of the woman; or 27 UNOFFICIAL COPY 24 RS BR 1647
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(b) There is a fetal anomaly. 1
(2) In those instances where an abortion is performed under this section, the person 2
performing the abortion shall take all reasonable steps in keeping with reasonable 3
medical practices to preserve the life and health of the child, including but not 4
limited to KRS 311.760(2), except when the abortion is performed under 5
subsection (1)(b) of this section. 6
Section 11. KRS 311.781 is amended to read as follows: 7
As used in KRS 311.781 to 311.786: 8
(1) "Fertilization" means the fusion of a human spermatozoon with a human ovum; 9
(2) "Gestational age" has the same meaning as in KRS 311.7701; 10
(3) "Medical emergency" means a condition that in the physician's reasonable medical 11
judgment, based upon the facts known to the physician at that time, so complicates 12
the woman's pregnancy as to necessitate the immediate performance or inducement 13
of an abortion in order to prevent the death of the pregnant woman or to avoid a 14
serious risk of the substantial and irreversible impairment of a major bodily 15
function of the pregnant woman that delay in the performance or inducement of the 16
abortion would create; 17
(4) "Lethal fetal anomaly" has the same meaning as in Section 1 of this Act; 18
(5) "Pain-capable unborn child" means an unborn child of a probable gestational age of 19
fifteen (15) weeks or more; 20
(6)[(5)] "Physician" has the same meaning as in KRS 311.720; 21
(7)[(6)] "Probable gestational age" has the same meaning as in KRS 311.720; 22
(8)[(7)] "Reasonable medical judgment" means a medical judgment that would be 23
made by a reasonably prudent physician, knowledgeable about the case and the 24
treatment possibilities with respect to the medical conditions involved; 25
(9)[(8)] "Serious risk of the substantial and irreversible impairment of a major bodily 26
function" means any medically diagnosed condition that so complicates the 27 UNOFFICIAL COPY 24 RS BR 1647
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pregnancy of the woman as to directly or indirectly cause the substantial and 1
irreversible impairment of a major bodily function. A medically diagnosed 2
condition that constitutes a "serious risk of the substantial and irreversible 3
impairment of a major bodily function" includes pre-eclampsia, inevitable abortion, 4
and premature rupture of the membranes, but does not include a condition related to 5
the woman's mental health; and 6
(10)[(9)] "Unborn child" means an individual organism of the species homo sapiens 7
from fertilization until live birth. 8
Section 12. KRS 311.782 is amended to read as follows: 9
(1) No person shall intentionally perform or induce or intentionally attempt to perform 10
or induce an abortion on a pregnant woman when the probable gestational age of 11
the unborn child is fifteen (15) weeks or greater, except as provided in Sections 2, 12
3, 4, 5, 8, 9, and 10 of this Act and subsection (2) of this section. 13
(2) It shall be an affirmative defense to a charge under subsection (1) of this section 14
that the abortion was intentionally performed or induced or intentionally attempted 15
to be performed or induced by a physician and that the physician determined, in the 16
physician's reasonable medical judgment, based on the facts known to the physician 17
at that time, that any[either] of the following applied: 18
(a) The probable gestational age of the unborn child was less than fifteen (15) 19
weeks;[ or] 20
(b) The abortion was necessary to prevent the death of the pregnant woman or to 21
avoid a serious risk of the substantial and irreversible impairment of a major 22
bodily function of the pregnant woman. No abortion shall be necessary if it is 23
based on a claim or diagnosis that the pregnant woman will engage in conduct 24
that would result in her death or in substantial and irreversible impairment of 25
a major bodily function or if it is based on any reason related to her mental 26
health; or 27 UNOFFICIAL COPY 24 RS BR 1647
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(c) The abortion was necessary because of a lethal fetal anomaly. 1
(3) (a) Except when a medical emergency exists that prevents compliance with KRS 2
311.783, the affirmative defense set forth in subsection (2)(a) of this section 3
shall[does] not apply unless the physician who intentionally performs or 4
induces or intentionally attempts to perform or induce the abortion makes a 5
determination of the probable gestational age of the unborn child as required 6
by KRS 311.783(1) or relied upon such a determination made by another 7
physician and certifies in writing, based on the results of the tests performed, 8
that in the physician's reasonable medical judgment the unborn child's 9
probable gestational age is less than fifteen (15) weeks. 10
(b) Except when a medical emergency exists that prevents compliance with one 11
(1) or more of the following conditions, the affirmative defense set forth in 12
subsection (2)(b) of this section does not apply unless the physician who 13
intentionally performs or induces or intentionally attempts to perform or 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 judgment, based on the facts known to 18
the physician at that time, the abortion is necessary to prevent the death 19
of the pregnant woman or to avoid a serious risk of the substantial and 20
irreversible impairment of a major bodily function of the pregnant 21
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 physician at that time, the abortion is 26
necessary to prevent the death of the pregnant woman or to avoid a 27 UNOFFICIAL COPY 24 RS BR 1647
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serious risk of the substantial and irreversible impairment of a major 1
bodily function of the pregnant woman; 2
3. The physician intentionally performs 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 under subsection (2)(c) of this 6
section; 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 woman 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
subsection (2)(c) of this section; 18
5. The physician 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 has 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 UNOFFICIAL COPY 24 RS BR 1647
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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 shall revoke a physician's license to practice 3
medicine in this state if the physician violates or fails to comply with this section. 4
(5) Any physician who intentionally performs or induces or intentionally attempts to 5
perform or induce an abortion on a pregnant woman with actual knowledge that 6
none[neither] of the affirmative defenses set forth in subsection (2) of this section 7
apply[applies], or with a heedless indifference as to whether either affirmative 8
defense applies, is liable in a civil action for compensatory and punitive damages 9
and reasonable attorney's fees to any person, or the representative of the estate of 10
any person including but not limited to an unborn child, who sustains injury, death, 11
or loss to person or property as the result of the performance or inducement or the 12
attempted performance or inducement of the abortion. In any action under this 13
subsection, the court also may award any injunctive or other equitable relief that the 14
court considers appropriate. 15
(6) A pregnant woman on whom an abortion is intentionally performed or induced or 16
intentionally attempted to be performed or induced in violation of subsection (1) of 17
this section is not guilty of violating subsection (1) of this section or of attempting 18
to commit, conspiring to commit, or complicity in committing a violation of 19
subsection (1) of this section. 20
Section 13. KRS 311.800 is amended to read as follows: 21
(1) No publicly owned hospital or other publicly owned health care facility shall 22
perform or permit the performance of abortions, except: 23
(a) To save the life of the pregnant woman or to avoid a serious risk of the 24
substantial and irreversible impairment of a major bodily function of the 25
pregnant woman; 26
(b) To remove a dead fetus, ectopic pregnancy, or incomplete miscarriage; 27 UNOFFICIAL COPY 24 RS BR 1647
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(c) Because of a lethal fetal anomaly; or 1
(d) If in the physician's best clinical judgment the pregnancy is the result of 2
rape under KRS 510.040, 510.050, or 510.060, or incest under KRS 3
530.020(2)(b) or (c), and the abortion is performed no later than six (6) 4
weeks after the first day of the woman's last menstrual period. 5
(2) In the event that a publicly owned hospital or publicly owned health facility is 6
performing or about to perform an abortion in violation of subsection (1) of this 7
section, and law enforcement authorities in the county have failed or refused to take 8
action to stop such a practice, any resident of the county in which the hospital or 9
health facility is located, may apply to the Circuit Court of that county for an 10
injunction or other court process to require compliance with subsection (1) of this 11
section. 12
(3) No private hospital or private health care facility shall be required to, or held liable 13
for refusal to, perform or permit the performance of abortion contrary to its stated 14
ethical policy. 15
(4) No physician, nurse staff member, or employee of a public or private hospital or 16
employee of a public or private health care facility, who shall state in writing to 17
such hospital or health care facility his or her objection to performing, participating 18
in, or cooperating in, abortion on moral, religious, or professional grounds, be 19
required to, or held liable for refusal to, perform, participate in, or cooperate in such 20
abortion. 21
(5) It shall be an unlawful discriminatory practice for the following: 22
(a) Any person to impose penalties or take disciplinary action against, or to deny 23
or limit public funds, licenses, certifications, degrees, or other approvals or 24
documents of qualification to, any hospital or other health care facility due to 25
the refusal of such hospital or health care facility to perform or permit to be 26
performed, participate in, or cooperate in, abortion by reason of objection 27 UNOFFICIAL COPY 24 RS BR 1647
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thereto on moral, religious or professional grounds, or because of any 1
statement or other manifestation of attitude by such hospital or health care 2
facility with respect to abortion;[ or,] 3
(b) Any person to impose penalties or take disciplinary action against, or to deny 4
or limit public funds, licenses, certifications, degrees, or other approvals or 5
documents of qualification to any physician, nurse or staff member or 6
employee of any hospital or health care facility, due to the willingness or 7
refusal of such physician, nurse, or staff member or employee to perform or 8
participate in abortion by reason of objection thereto on moral, religious, or 9
professional grounds, or because of any statement or other manifestation of 10
attitude by such physician, nurse or staff member or employee with respect to 11
abortion; or[,] 12
(c) Any public or private agency, institution or person, including a medical, 13
nursing or other school, to deny admission to, impose any burdens in terms of 14
conditions of employment upon, or otherwise discriminate against any 15
applicant for admission thereto or any physician, nurse, staff member, student, 16
or employee thereof, based upon[on account of] the willingness or refusal of 17
such applicant, physician, nurse, staff member, student, or employee to 18
perform or participate in abortion or sterilization by reason of objection 19
thereto on moral, religious, or professional grounds, or because of any 20
statement or other manifestation of attitude by such person with respect to 21
abortion or sterilization if that health care facility is not operated exclusively 22
for the purposes of performing abortions or sterilizations. 23
Section 14. KRS 213.101 is amended to read as follows: 24
(1) Each abortion as defined in KRS 213.011 which occurs in the Commonwealth, 25
regardless of the length of gestation, shall be reported to the Vital Statistics Branch 26
by the person in charge of the institution within three (3) days after the end of the 27 UNOFFICIAL COPY 24 RS BR 1647
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month in which the abortion occurred. If the abortion was performed outside an 1
institution, the attending physician shall prepare and file the report within three (3) 2
days after the end of the month in which the abortion occurred. 3
(2) The report shall include all the information the physician is required to certify in 4
writing or determine under KRS 311.731, 311.732, 311.7704, 311.7705, 311.7706, 5
311.7707, 311.7735, 311.7736, 311.774, 311.782, and 311.783, and at a minimum: 6
(a) The full name and address of the physician who performed the abortion or 7
provided the abortion-inducing drug as defined in KRS 311.7731; 8
(b) The address at which the abortion was performed or the address at which the 9
abortion-inducing drug was provided by a qualified physician, or the method 10
of obtaining the abortion-inducing drug if not provided by a qualified 11
physician, including mail order, internet order, or by a telehealth provider in 12
which case identifying information for the pharmacy, website[Web site] 13
address, or the telemedicine provider shall be included; 14
(c) The names, serial numbers, National Drug Codes, lot numbers, and expiration 15
dates of the specific abortion-inducing drugs that were provided to the 16
pregnant patient and the dates each were provided; 17
(d) The full name and address of the referring physician, agency, or service, if 18
any; 19
(e) The pregnant patient's city or town, county, state, country of residence, and 20
zip code; 21
(f) The pregnant patient's age, race, and ethnicity; 22
(g) The age or approximate age of the father, if known; 23
(h) The total number and dates of each previous pregnancy, live birth, and 24
abortion of the pregnant patient; 25
(i) The probable gestational and post-fertilization ages of the unborn child, the 26
methods used to confirm the gestational and post-fertilization ages, and the 27 UNOFFICIAL COPY 24 RS BR 1647
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date determined; 1
(j) A list of any pre-existing medical conditions of the pregnant patient that may 2
complicate her pregnancy, if any, including hemorrhage, infection, uterine 3
perforation, cervical laceration, retained products, or any other condition; 4
(k) Whether the fetus was delivered alive and the length of time the fetus 5
survived; 6
(l) Whether the fetus was viable and, if viable, the medical reason for 7
termination; 8
(m) Whether a pathological examination of the fetus was performed; 9
(n) Whether the pregnant patient returned for a follow-up examination, the date 10
and results of any such follow-up examination, and what reasonable efforts 11
were made by the qualified physician to encourage the patient to reschedule a 12
follow-up examination if the appointment was missed; 13
(o) Whether the woman suffered any complications or adverse events as defined 14
in KRS 311.7731 and what specific complications or adverse events occurred, 15
and any follow-up treatment provided as required by KRS 311.774; 16
(p) Whether the pregnant patient was Rh negative and, if so, was provided with 17
an Rh negative information fact sheet and treated with the prevailing medical 18
standard of care to prevent harmful fetal or child outcomes or Rh 19
incompatibility in future pregnancies; 20
(q) The amount billed to cover the treatment for specific complications or adverse 21
events, including whether the treatment was billed to Medicaid, private 22
insurance, private pay, or other method. This should include ICD-10 codes 23
reported and charges for any physician, hospital, emergency room, 24
prescription or other drugs, laboratory tests, and any other costs for treatment 25
rendered; 26
(r) The reason for the abortion, if known, including abuse, coercion, harassment,[ 27 UNOFFICIAL COPY 24 RS BR 1647
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or] trafficking, rape, or incest; and 1
(s) Whether the pregnant patient was tested for sexually transmitted diseases 2
when providing the informed consent required in KRS 311.725 and 311.7735 3
twenty-four (24) hours before the abortion procedure or tested at the time of 4
the abortion procedure, and if the pregnant patient tested positive, was treated 5
or referred for treatment and follow-up care. 6
(3) The report shall not contain: 7
(a) The name of the pregnant patient; 8
(b) Common identifiers such as a Social Security number and motor vehicle 9
operator's license number; and 10
(c) Any other information or identifiers that would make it possible to ascertain 11
the patient's identity. 12
(4) If a person other than the physician described in this subsection makes or maintains 13
a record required by KRS 311.732, 311.7704, 311.7705, 311.7706, or 311.7707 on 14
the physician's behalf or at the physician's direction, that person shall comply with 15
the reporting requirement described in this subsection as if the person were the 16
physician. 17
(5) Each prescription issued for an abortion-inducing drug as defined in KRS 311.7731 18
for which the primary indication is the induction of abortion as defined in KRS 19
213.011 shall be reported to the Vital Statistics Branch within three (3) days after 20
the end of the month in which the prescription was issued as required by KRS 21
311.774, but the report shall not include information which will identify the woman 22
involved or anyone who may be picking up the prescription on behalf of the 23
woman. 24
(6) The name of the person completing the report and the reporting institution shall not 25
be subject to disclosure under KRS 61.870 to 61.884. 26
(7) By September 30 of each year, the Vital Statistics Branch shall issue a public report 27 UNOFFICIAL COPY 24 RS BR 1647
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that provides statistics on all data collected, including the type of abortion 1
procedure used, for the previous calendar year compiled from all of the reports 2
covering that calendar year submitted to the cabinet in accordance with this section 3
for each of the items listed in this section. Each annual report shall also provide 4
statistics for all previous calendar years in which this section was in effect, adjusted 5
to reflect any additional information from late or corrected reports. The Vital 6
Statistics Branch shall ensure that none of the information included in the report 7
could reasonably lead to the identification of any pregnant woman upon whom an 8
abortion was performed or attempted. Each annual report shall be made available 9
on the cabinet's website[Web site]. 10
(8) (a) Any person or institution who fails to submit a report by the end of thirty (30) 11
days following the due date set in this section shall be subject to a late fee of 12
five hundred dollars ($500) for each additional thirty (30) day period or 13
portion of a thirty (30) day period the report is overdue. 14
(b) Any person or institution who fails to submit a report, or who has submitted 15
only an incomplete report, more than one (1) year following the due date set 16
in this section, may in a civil action brought by the Vital Statistics Branch be 17
directed by a court of competent jurisdiction to submit a complete report 18
within a time period stated by court order or be subject to contempt of court. 19
(c) Failure by any physician to comply with the requirements of this section, 20
other than filing a late report, or to submit a complete report in accordance 21
with a court order shall subject the physician to KRS 311.595. 22
(9) Intentional falsification of any report required under this section is a Class A 23
misdemeanor. 24
(10) The Vital Statistics Branch shall promulgate administrative regulations in 25
accordance with KRS Chapter 13A to assist in compliance with this section. 26
(11) (a) The Office of the Inspector General, Cabinet for Health and Family Services, 27 UNOFFICIAL COPY 24 RS BR 1647
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shall annually audit the required reporting of abortion-related information to 1
the Vital Statistics Branch in this section and KRS 213.172, and in so doing, 2
shall function as a health oversight agency of the Commonwealth for this 3
specific purpose. 4
(b) The Office of the Inspector General shall ensure that none of the information 5
included in the audit report could reasonably lead to the identification of any 6
pregnant woman upon whom an abortion was performed or attempted. 7
(c) If any personally identifiable information is viewed or recorded by the Office 8
of the Inspector General in conducting an audit authorized by this subsection, 9
the information held by the Inspector General shall not be subject to the 10
Kentucky Open Records Act, shall be confidential, and shall only be released 11
upon court order. 12
(d) The Inspector General shall submit a written report to the General Assembly 13
and the Attorney General by October 1 of each year. The reports shall include 14
findings from: 15
1. The audit required in this subsection, including any identified reporting 16
deficiencies; and 17
2. All abortion facility inspections, including any violations of KRS 18
216B.0431 and 216B.0435. 19