UNOFFICIAL COPY 24 RS BR 2364
Page 1 of 1
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AN ACT relating to protecting access to in vitro fertilization. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 216 IS CREATED TO 3
READ AS FOLLOWS: 4
A facility that provides any procedure related to in vitro fertilization shall not be liable 5
for any damages to a patient or the patient's surviving spouse or partner resulting from 6
the loss of a human embryo, except in cases of negligence or wanton, willful, 7
malicious, or intentional misconduct. 8
SECTION 2. A NEW SECTION OF KRS CHAPTER 311 IS CREATED TO 9
READ AS FOLLOWS: 10
(1) As used in this section, "health care provider" means any provider of health 11
services, including but not limited to individuals licensed or regulated by the 12
Kentucky Board of Medical Licensure or the Kentucky Board of Nursing 13
pursuant to KRS Chapters 311 and 314, embryologists, and laboratory personnel. 14
(2) A health care provider that is performing any procedure related to in vitro 15
fertilization shall not be criminally liable or liable for any damages to a patient or 16
the patient's surviving spouse or partner resulting from the loss of a human 17
embryo, except in cases of negligence or wanton, willful, malicious, or intentional 18
misconduct. 19