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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 25 RS BR 421
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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 25 RS BR 421
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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
rape under KRS 510.040, 510.050, or 510.060, or incest under KRS 22
530.020(2)(b) or (c) and the abortion is performed no later than six (6) 23
weeks after the first day of the woman's last menstrual period. 24
(2) No abortion shall be performed except in compliance with regulations which the 25
cabinet shall issue to ensure that: 26
(a) Before the abortion is performed, the pregnant woman shall have a private 27 UNOFFICIAL COPY 25 RS BR 421
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medical consultation either with the physician who is to perform the abortion 1
or with the referring physician in a place, at a time, and of a duration 2
reasonably sufficient to enable the physician to determine whether, based 3
upon the physician's[his] best clinical judgment, the abortion is necessary; 4
(b) The physician who is to perform the abortion or the referring physician will 5
describe the basis for his or her best clinical judgment that the abortion is 6
necessary on a form prescribed by the cabinet as required by KRS 213.101; 7
and 8
(c) Paragraph (a) of this subsection shall not apply when, in the medical judgment 9
of the attending physician based on the particular facts of the case before him 10
or her, there exists a medical emergency. In such a case, the physician shall 11
describe the basis of his or her medical judgment that an emergency exists on 12
a form prescribed by the cabinet as required by KRS 213.101. 13
(3) Notwithstanding any statute to the contrary, nothing in this chapter shall be 14
construed as prohibiting a physician from prescribing or a woman from using birth 15
control methods or devices, including, but not limited to, intrauterine devices, oral 16
contraceptives, or any other birth control method or device. 17
Section 3. KRS 311.725 is amended to read as follows: 18
(1) No abortion shall be performed or induced except with the voluntary and informed 19
written consent of the woman upon whom the abortion is to be performed or 20
induced. Except in the case of a medical emergency, consent to an abortion is 21
voluntary and informed if and only if: 22
(a) At least twenty-four (24) hours prior to the abortion, a physician, licensed 23
nurse, physician assistant, or social worker to whom the responsibility has 24
been delegated by the physician has verbally informed the woman of all of the 25
following: 26
1. The nature and purpose of the particular abortion procedure or treatment 27 UNOFFICIAL COPY 25 RS BR 421
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to be performed and of those medical risks and alternatives to the 1
procedure or treatment that a reasonable patient would consider material 2
to the decision of whether or not to undergo the abortion; 3
2. The probable gestational age of the embryo or fetus at the time the 4
abortion is to be performed; 5
3. The medical risks associated with the pregnant woman carrying her 6
pregnancy to term; and 7
4. The potential ability of a physician to reverse the effects of prescription 8
drugs intended to induce abortion, where additional information about 9
this possibility may be obtained, and contact information for assistance 10
in locating a physician who may aid in the reversal; 11
(b) At least twenty-four (24) hours prior to the abortion, in an individual, private 12
setting, a physician, licensed nurse, physician assistant, or social worker to 13
whom the responsibility has been delegated by the physician has informed the 14
pregnant woman that: 15
1. The cabinet publishes the printed materials described in subsection 16
(2)(a), (b), and (c) of this section and that she has a right to review the 17
printed materials and that copies will be provided to her by the 18
physician, licensed nurse, physician assistant, or social worker free of 19
charge if she chooses to review the printed materials; 20
2. Medical assistance benefits may be available for prenatal care, 21
childbirth, and neonatal care, and that more detailed information on the 22
availability of such assistance is contained in the printed materials 23
published by the cabinet; 24
3. The father of the fetus is liable to assist in the support of her child, even 25
in instances where he has offered to pay for the abortion; and 26
4. It is illegal in Kentucky to intentionally perform an abortion, in whole or 27 UNOFFICIAL COPY 25 RS BR 421
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in part, because of: 1
a. The sex of the unborn child; 2
b. The race, color, or national origin of the unborn child; or 3
c. The diagnosis, or potential diagnosis, of Down syndrome or any 4
other disability, except a lethal fetal anomaly; 5
(c) At least twenty-four (24) hours prior to the abortion, a copy of the printed 6
materials has been provided to the pregnant woman if she chooses to view 7
these materials; 8
(d) The pregnant woman certifies in writing, prior to the performance or 9
inducement of the abortion: 10
1. That she has received the information required to be provided under 11
paragraphs (a), (b), and (c) of this subsection; and 12
2. That she consents to the particular abortion voluntarily and knowingly, 13
and she is not under the influence of any drug of abuse or alcohol; and 14
(e) Prior to the performance or inducement of the abortion, the physician who is 15
scheduled to perform or induce the abortion or the physician's agent receives a 16
copy of the pregnant woman's signed statement, on a form which may be 17
provided by the physician, on which she consents to the abortion and that 18
includes the certification required by paragraph (d) of this subsection. 19
(2) [By January 1, 1999, ]The cabinet shall cause to be published in English in a 20
typeface not less than 12 point type the following[ materials]: 21
(a) Materials that inform the pregnant woman about public and private agencies 22
and services that are available to assist her through her pregnancy, upon 23
childbirth, and while her child is dependent, including[,] but not limited to[,] 24
adoption agencies. The materials shall include a comprehensive list of the 25
available agencies and a description of the services offered by the agencies 26
and the telephone numbers and addresses of the agencies, and inform the 27 UNOFFICIAL COPY 25 RS BR 421
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pregnant woman about available medical assistance benefits for prenatal care, 1
childbirth, and neonatal care and about the support obligations of the father of 2
a child who is born alive. The cabinet shall ensure that the materials are 3
comprehensive and do not directly or indirectly promote, exclude, or 4
discourage the use of any agency or service described in this section; 5
(b) Materials that inform the pregnant woman of the probable anatomical and 6
physiological characteristics of the zygote, blastocyte, embryo, or fetus at two 7
(2) week gestational increments for the first sixteen (16) weeks of her 8
pregnancy and at four (4) week gestational increments from the seventeenth 9
week of her pregnancy to full term, including any relevant information 10
regarding the time at which the fetus possibly would be viable. The materials 11
shall use language that is understandable by the average person who is not 12
medically trained, shall be objective and nonjudgmental, and shall include 13
only accurate scientific information about the zygote, blastocyte, embryo, or 14
fetus at the various gestational increments. The materials shall include, for 15
each of the two (2) or[of] four (4) week increments specified in this 16
paragraph, a pictorial or photographic depiction of the zygote, blastocyte, 17
embryo, or fetus. The materials shall also include, in a conspicuous manner, a 18
scale or other explanation that is understandable by the average person and 19
that can be used to determine the actual size of the zygote, blastocyte, embryo, 20
or fetus at a particular gestational increment as contrasted with the depicted 21
size of the zygote, blastocyte, embryo, or fetus at that gestational increment; 22
and 23
(c) Materials that inform the pregnant woman of the potential ability of a 24
physician to reverse the effects of prescription drugs intended to induce 25
abortion, where additional information about this possibility may be obtained, 26
and contact information for assistance in locating a physician who may aid in 27 UNOFFICIAL COPY 25 RS BR 421
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the reversal. 1
(3) Upon submission of a request to the cabinet by any person, hospital, physician, or 2
medical facility for one (1) or more copies of the materials published in accordance 3
with subsection (2) of this section, the cabinet shall make the requested number of 4
copies of the materials available to the person, hospital, physician, or medical 5
facility that requested the copies. 6
(4) If a medical emergency or medical necessity compels the performance or 7
inducement of an abortion, the physician who will perform or induce the abortion, 8
prior to its performance or inducement if possible, shall inform the pregnant woman 9
of the medical indications supporting the physician's judgment that an immediate 10
abortion is necessary. Any physician who performs or induces an abortion without 11
the prior satisfaction of the conditions specified in subsection (1) of this section 12
because of a medical emergency or medical necessity shall enter the reasons for the 13
conclusion that a medical emergency or medical necessity exists in the medical 14
record of the pregnant woman. 15
(5) If the conditions specified in subsection (1) of this section are satisfied, consent to 16
an abortion shall be presumed to be valid and effective. 17
(6) The failure of a physician to satisfy the conditions of subsection (1) of this section 18
prior to performing or inducing an abortion upon a pregnant woman may be the 19
basis of disciplinary action pursuant to KRS 311.595. 20
(7) The cabinet shall charge a fee for each copy of the materials distributed in 21
accordance with subsections (1) and (3) of this section. The fee shall be sufficient to 22
cover the cost of the administration of the materials published in accordance with 23
subsection (2) of this section, including the cost of preparation and distribution of 24
materials. 25
Section 4. KRS 311.727 is amended to read as follows: 26
(1) As used in this section: 27 UNOFFICIAL COPY 25 RS BR 421
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(a) "Auscultate[Ascultate]" means to examine by listening for sounds made by 1
internal organs of the fetus, specifically for a fetal heartbeat, utilizing an 2
ultrasound transducer or a fetal heart rate monitor; 3
(b) "Obstetric ultrasound" or "ultrasound" means the use of ultrasonic waves for 4
diagnostic or therapeutic purposes, specifically to monitor a developing fetus; 5
and 6
(c) "Qualified technician" means a medical imaging technologist as defined in 7
KRS 311B.020 who is certified in obstetrics and gynecology by the American 8
Registry for Diagnostic Medical Sonography or a nurse midwife or advance 9
practice nurse practitioner in obstetrics with certification in obstetrical 10
ultrasonography. 11
(2) Prior to a woman giving informed consent to having any part of an abortion 12
performed, the physician who is to perform the abortion or a qualified technician to 13
whom the responsibility has been delegated by the physician shall: 14
(a) Perform an obstetric ultrasound on the pregnant woman; 15
(b) Provide a simultaneous explanation of what the ultrasound is depicting, which 16
shall include the presence and location of the unborn child within the uterus 17
and the number of unborn children depicted and also, if the ultrasound image 18
indicates that fetal demise has occurred, inform the woman of that fact; 19
(c) Display the ultrasound images so that the pregnant woman may view the 20
images; 21
(d) Auscultate[Ascultate] the fetal heartbeat of the unborn child so that the 22
pregnant woman may hear the heartbeat if the heartbeat is audible; 23
(e) Provide a medical description of the ultrasound images, which shall include 24
the dimensions of the embryo or fetus and the presence of external members 25
and internal organs, if present and viewable; and 26
(f) Retain in the woman's medical record a signed certification from the pregnant 27 UNOFFICIAL COPY 25 RS BR 421
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woman that she has been presented with the information required to be 1
provided under paragraphs (c) and (d) of this subsection and has viewed the 2
ultrasound images, listened to the heartbeat if the heartbeat is audible, or 3
declined to do so. The signed certification shall be on a form prescribed by the 4
cabinet. 5
(3) When the ultrasound images and heartbeat sounds are provided to and reviewed 6
with the pregnant woman, nothing in this section shall be construed to prevent the 7
pregnant woman from averting her eyes from the ultrasound images or requesting 8
the volume of the heartbeat be reduced or turned off if the heartbeat is audible. 9
Neither the physician, the qualified technician, nor the pregnant woman shall be 10
subject to any penalty if the pregnant woman refuses to look at the displayed 11
ultrasound images or to listen to the heartbeat if the heartbeat is audible. 12
(4) The requirements of this section shall be in addition to any requirement contained 13
in KRS 311.725 or any other section of KRS 311.710 to 311.820. 14
(5) The provisions of this section shall not apply: 15
(a) In the case of a medical emergency or medical necessity. If a medical 16
emergency or medical necessity compels the performance or inducement of an 17
abortion, the physician who will perform or induce the abortion, prior to its 18
performance or inducement if possible, shall inform the pregnant woman of 19
the medical indications supporting the physician's judgment that an immediate 20
abortion is necessary. Any physician who performs or induces an abortion 21
without the prior satisfaction of the requirements of this section because of a 22
medical emergency or medical necessity shall enter the reasons for the 23
conclusion that a medical emergency or medical necessity exists in the 24
medical record of the pregnant woman; or 25
(b) If the fetus the pregnant woman is carrying has a lethal fetal anomaly. 26
Section 5. KRS 311.732 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 421
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(1) For purposes of this section the following definitions shall apply: 1
(a) "Minor" means any person under the age of eighteen (18); 2
(b) "Emancipated minor" means any minor who is or has been married or has by 3
court order or otherwise been freed from the care, custody, and control of her 4
parents; and 5
(c) "Abortion" means the use of any instrument, medicine, drug, or any other 6
substance or device with intent to terminate the pregnancy of a woman known 7
to be pregnant[ with intent] other than to increase the probability of a live 8
birth, to preserve the life or health of the child after live birth,[ or] to remove a 9
dead fetus, or as provided in subsection (4) of this section. 10
(2) No person shall perform an abortion upon a minor unless: 11
(a) The attending physician has secured the informed written consent of the 12
minor and one (1) parent or legal guardian with joint or physical custody and 13
the consenting parent or legal guardian of the minor has made a reasonable 14
attempt to notify any other parent with joint or physical custody at least forty-15
eight (48) hours prior to providing the informed written consent. 16
1. Notice shall not be required to be provided to any parent who has: 17
a. Previously been enjoined by a domestic violence order or 18
interpersonal protective order, regardless of whether or not the 19
person to be protected by the order was the minor; or 20
b. Been convicted of, or entered into a diversion program for, a 21
criminal offense against a victim who is a minor as defined in 22
KRS 17.500 or for a violent or sexual criminal offense under KRS 23
Chapter 506, 507, 507A, 508, 509, 510, 529, 530, or 531. 24
2. The informed written consent shall include: 25
a. A copy of the minor's government-issued identification, a copy of 26
the consenting parent's or legal guardian's government-issued 27 UNOFFICIAL COPY 25 RS BR 421
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identification, and written documentation including but not limited 1
to a birth certificate, court-ordered custodial paperwork, or tax 2
return, establishing that he or she is the lawful parent or legal 3
guardian; and 4
b. The parent's or legal guardian's certification that he or she consents 5
to the abortion. The certification shall be in a signed, dated, and 6
notarized document that has been initialed on each page and that 7
contains the following statement, which shall precede the signature 8
of the parent or legal guardian: "I, (insert name of parent or legal 9
guardian), am the (select "parent" or "legal guardian") of (insert 10
name of minor) and give consent for (insert name of attending 11
physician) to perform an abortion on her. Under penalties of 12
perjury, I declare that I have read the foregoing statement and that 13
the facts stated in it are true." 14
3. The attending physician shall keep a copy of the informed written 15
consent in the medical file of the minor for five (5) years after the minor 16
reaches eighteen (18) years of age or for seven (7) years, whichever is 17
longer. 18
4. The attending physician securing the informed written consent from a 19
parent or legal guardian under this subsection shall execute for inclusion 20
in the medical record of the minor an affidavit stating: "I, (insert name 21
of attending physician), certify that, according to my best information 22
and belief, a reasonable person under similar circumstances would rely 23
on the information presented by both the minor and her parent or legal 24
guardian as sufficient evidence of identity."; 25
(b) The minor is emancipated and the attending physician has received the 26
informed written consent of the minor; or 27 UNOFFICIAL COPY 25 RS BR 421
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(c) The minor elects to petition any Circuit or District Court of the 1
Commonwealth pursuant to subsection (3) of this section and obtain an order 2
pursuant to subsection (4) of this section granting consent to the abortion and 3
the attending physician has received the informed written consent of the 4
minor. 5
(3) Every minor shall have the right to petition any Circuit or District Court of the 6
Commonwealth for an order granting the right to self-consent to an abortion 7
pursuant to the following procedures: 8
(a) The minor or her next friend may prepare and file a petition setting forth the 9
request of the minor for an order of consent to an abortion; 10
(b) The court shall ensure that the minor prepares or her next friend is given 11
assistance in preparing and filing the petition and shall ensure that the minor's 12
identity is kept anonymous; 13
(c) The minor may participate in proceedings in the court on her own behalf or 14
through her next friend and the court shall appoint a guardian ad litem for her. 15
The court shall advise her that she has a right to court-appointed counsel and 16
shall provide her with such counsel upon her request; 17
(d) All proceedings under this section shall be anonymous and shall be given 18
preference over other matters to ensure that the court may reach a decision 19
promptly, but in no case shall the court fail to rule within seventy-two (72) 20
hours of the time of application, provided that the seventy-two (72) hour 21
limitation may be extended at the request of the minor; and 22
(e) The court shall hold a hearing on the merits of the petition before reaching a 23
decision. The court shall hear evidence at the hearing relating to: 24
1. The minor's: 25
a. Age; 26
b. Emotional development and stability; 27 UNOFFICIAL COPY 25 RS BR 421
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c. Maturity; 1
d. Intellect; 2
e. Credibility and demeanor as a witness; 3
f. Ability to accept responsibility; 4
g. Ability to assess both the current and future life-impacting 5
consequences of, and alternatives to, the abortion; and 6
h. Ability to understand and explain the medical risks of the abortion 7
and to apply that understanding to her decision; and 8
2. Whether there may be any undue influence by another on the minor's 9
decision to have an abortion. 10
(4) (a) If the court finds by: 11
1. Clear and convincing evidence that the minor is sufficiently mature to 12
decide whether to have an abortion; 13
2. Clear and convincing evidence that the requirements of this section are 14
not in the best interest of the minor; or 15
3. A preponderance of the evidence that the minor is: 16
a. The victim of child abuse or sexual abuse inflicted by one (1) or 17
both of her parents or her legal guardian; 18
b. Pregnant with a fetus that has a lethal fetal anomaly; 19
c. Seeking the abortion to remove a dead fetus, ectopic pregnancy, 20
or incomplete miscarriage; or 21
d. Pregnant as a result of rape under KRS 510.040, 510.050, or 22
510.060, or incest under KRS 530.020(2)(b) or (c) and the 23
abortion is performed no later than six (6) weeks after the first 24
day of the woman's last menstrual period; 25
the court shall enter a written order, making specific factual findings and legal 26
conclusions supporting its decision to grant the petition for an abortion. 27 UNOFFICIAL COPY 25 RS BR 421
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(b) If the court does not make any of the findings specified in paragraph (a) of 1
this subsection, the court shall deny the petition. 2
(c) As used in this subsection, "best interest of the minor" shall not include 3
financial best interest, financial considerations, or the potential financial 4
impact on the minor or the minor's family if the minor does not have an 5
abortion. 6
(5) Any minor shall have the right of anonymous and expedited appeal to the Court of 7
Appeals, and that court shall give precedence over other pending matters. 8
(6) All hearings under this section, including appeals, shall remain confidential and 9
closed to the public. The hearings shall be held in chambers or in a similarly private 10
and informal setting within the courthouse. 11
(7) No fees shall be required of any minor who declares she has no sufficient funds to 12
pursue the procedures provided by this section. 13
(8) (a) The Supreme Court is respectfully requested to promulgate any rules[ and 14
regulations] it feels are necessary to ensure that proceedings under this section 15
are handled in an expeditious and anonymous manner. 16
(b) The Supreme Court, through the Administrative Office of the Courts, shall 17
report by February 1 of each year to the Legislative Research Commission 18
and the cabinet on the number of petitions filed under subsection (3) of this 19
section for the preceding year, and the timing and manner of disposal of the 20
petition by each court. For each approved petition granting an abortion filed 21
under subsection (3) of this section, the specific court finding in subsection 22
(4) of this section shall be included in the report. 23
(9) (a) The requirements of subsections (2), (3), and (4) of this section shall not apply 24
when, in the best medical judgment of the physician based on the facts of the 25
case before him or her, a medical emergency exists that so complicates the 26
pregnancy as to require an immediate abortion. 27 UNOFFICIAL COPY 25 RS BR 421
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(b) If a medical emergency exists, the physician shall make reasonable attempts, 1
whenever possible, and without endangering the minor, to contact the parent 2
or legal guardian of the minor, and may proceed, but must document reasons 3
for the medical necessity in the minor's medical records. 4
(c) The physician shall inform the parent or legal guardian, in person or by 5
telephone, within twenty-four (24) hours of the abortion, including details of 6
the medical emergency that necessitated the abortion without the parent's or 7
legal guardian's consent. The physician shall also provide this information in 8
writing to the parent or legal guardian at his or her last known address by 9
first-class mail or by certified mail, return receipt requested, with delivery 10
restricted to the parent or legal guardian. 11
(10) A report indicating the basis for any medical judgment that warrants failure to 12
obtain consent pursuant to this section shall be filed with the Cabinet for Health and 13
Family Services on a form supplied by the cabinet. This report shall be confidential. 14
(11) Failure to obtain consent pursuant to the requirements of this section is prima facie 15
evidence of failure to obtain informed consent and of interference with family 16
relations in appropriate civil actions. The law of this state shall not be construed to 17
preclude the award of exemplary damages in any appropriate civil action relevant to 18
violations of this section. Nothing in this section shall be construed to limit the 19
common-law rights of parents. 20
(12) A minor upon whom an abortion is performed is not guilty of violating this section. 21
Section 6. KRS 311.760 is amended to read as follows: 22
An abortion may be performed in this state only under the following circumstances: 23
(1) During the first trimester of pregnancy by a woman upon herself upon the advice of 24
a licensed physician or by a licensed physician. 25
(2) After the first trimester of pregnancy, except in cases of emergency to protect the 26
life or health of the pregnant woman, where an abortion is permitted under other 27 UNOFFICIAL COPY 25 RS BR 421
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provisions of KRS 311.710 to 311.820 or 311.7701 to 311.7711, by a duly licensed 1
physician in a hospital duly licensed by the Kentucky Health Facilities and Health 2
Services Certificate of Need and Licensure Board. 3
Section 7. KRS 311.7701 is amended to read as follows: 4
As used in KRS 311.7701 to 311.7711: 5
(1) "Conception" means fertilization; 6
(2) "Contraceptive" means a drug, device, or chemical that prevents conception; 7
(3) "Fertilization" has the same meaning as in KRS 311.781; 8
(4) "Fetal heartbeat" means cardiac activity or the steady and repetitive rhythmic 9
contraction of the fetal heart within the gestational sac; 10
(5) "Fetus" means the human offspring developing during pregnancy from the moment 11
of conception and includes the embryonic stage of development; 12
(6) "Frivolous conduct" has the same meaning as in KRS 311.784; 13
(7) "Gestational age" means the age of an unborn human individual as calculated from 14
the first day of the last menstrual period of a pregnant woman; 15
(8) "Gestational sac" means the structure that comprises the extraembryonic 16
membranes that envelop the fetus and that is typically visible by ultrasound after 17
the fourth week of pregnancy; 18
(9) "Intrauterine pregnancy" means a pregnancy in which the fetus is attached to the 19
placenta within the uterus of the pregnant woman; 20
(10) "Lethal fetal anomaly" has the same meaning as in Section 1 of this Act; 21
(11) "Medical emergency" has the same meaning as in KRS 311.781; 22
(12)[(11)] "Physician" has the same meaning as in KRS 311.720; 23
(13)[(12)] "Pregnancy" means the human female reproductive condition 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
(14)[(13)] "Serious risk of the substantial and irreversible impairment of a major bodily 27 UNOFFICIAL COPY 25 RS BR 421
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function" has the same meaning as in KRS 311.781; 1
(15)[(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
(16)[(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 presence 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
(17)[(16)] "Unborn child" and "unborn human individual" have the same meaning as 11
"unborn child" has in KRS 311.781. 12
Section 8. KRS 311.7706 is amended to read as follows: 13
(1) Except as provided in subsection (2) of this section, no 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 detected 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 of the pregnant woman; 23
2. Is necessary because of a lethal fetal anomaly; or 24
3. Is performed because, in the reasonable medical judgment of the 25
physician, the pregnancy is the result of rape under KRS 510.040, 26
510.050, 510.060, or incest under KRS 530.020(2)(b) or (c), and the 27 UNOFFICIAL COPY 25 RS BR 421
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abortion is performed no later than six (6) weeks after the first day of 1
the woman's last menstrual period. 2
(b) A physician who performs a medical procedure as described in paragraph (a) 3
1. of this subsection shall, in writing: 4
1. Declare that the medical procedure is necessary, to the best of the 5
physician's reasonable medical judgment, to prevent the death of the 6
pregnant woman or to prevent a serious risk of the substantial and 7
irreversible impairment of a major bodily function of the pregnant 8
woman; and 9
2. Specify the pregnant woman's medical condition that the medical 10
procedure is asserted to address and the medical rationale for the 11
physician's conclusion that the medical procedure is necessary to 12
prevent the death of the pregnant woman or to prevent a serious risk of 13
the substantial and irreversible impairment of a major bodily function of 14
the pregnant woman. 15
(c) A physician who performs a medical procedure as described in paragraph 16
(a)2. of this subsection shall, in writing: 17
1. Declare that the medical procedure is necessary in the reasonable 18
medical judgment of the physician because of a lethal fetal anomaly; 19
and 20
2. Specify the lethal anomaly. 21
(d) A physician who performs a medical procedure as described in paragraph 22
(a)3. of this subsection shall, in writing, specify the basis for the 23
determination that the gestational age of the fetus is six (6) weeks or less 24
calculated from the first day of the woman's last menstrual period. 25
(e) The physician shall place the written document required by paragraph (b), (c), 26
or (d) of this subsection in the pregnant woman's medical records. The 27 UNOFFICIAL COPY 25 RS BR 421
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physician shall maintain a copy of the document in the physician's own 1
records for at least seven (7) years from the date the document is created. 2
(3) A person is not in violation of subsection (1) of this section if the person acts in 3
accordance with KRS 311.7704(1) and the method used to determine the presence 4
of a fetal heartbeat does not reveal a fetal heartbeat. 5
(4) A pregnant woman on whom an abortion is intentionally performed or induced in 6
violation of subsection (1) of this section is not guilty of violating subsection (1) of 7
this section or of attempting to commit, conspiring to commit, or complicity in 8
committing a violation of subsection (1) of this section. In addition, the pregnant 9
woman is not subject to a civil penalty based on the abortion being performed or 10
induced in violation of subsection (1) of this section. 11
(5) Subsection (1) of this section shall not repeal or limit any other provision of the 12
Kentucky Revised Statutes that restricts or regulates the performance or inducement 13
of an abortion by a particular method or during a particular stage of a pregnancy. 14
Section 9. KRS 311.772 is amended to read as follows: 15
(1) As used in this section: 16
(a) "Fertilization" means that point in time when a male human sperm penetrates 17
the zona pellucida of a female human ovum; 18
(b) "Pregnant" means the human female reproductive condition of having a living 19
unborn human being within her body throughout the entire embryonic and 20
fetal stages of the unborn child from fertilization to full gestation and 21
childbirth; and 22
(c) "Unborn human being" means an individual living member of the species 23
homo sapiens throughout the entire embryonic and fetal stages of the unborn 24
child from fertilization to full gestation and childbirth. 25
(2) The provisions of this section shall become effective immediately upon, and to the 26
extent permitted, by the occurrence of any of the following circumstances: 27 UNOFFICIAL COPY 25 RS BR 421
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(a) Any decision of the United States Supreme Court which reverses, in whole or 1
in part, Roe v. Wade, 410 U.S. 113 (1973), thereby restoring to the 2
Commonwealth of Kentucky the authority to prohibit abortion; or 3
(b) Adoption of an amendment to the United States Constitution which, in whole 4
or in part, restores to the Commonwealth of Kentucky the authority to prohibit 5
abortion. 6
(3) (a) Except as provided in subsections (4) and (6) of this section, no person may 7
knowingly: 8
1. Administer to, prescribe for, procure for, or sell to any pregnant woman 9
any medicine, drug, or other substance with the specific intent of 10
causing or abetting the termination of the life of an unborn human being; 11
or 12
2. Use or employ any instrument or procedure upon a pregnant woman 13
with the specific intent of causing or abetting the termination of the life 14
of an unborn human being. 15
(b) Any person who violates paragraph (a) of this subsection shall be guilty of a 16
Class D felony. 17
(4) The following shall not be a violation of subsection (3) of this section: 18
(a) For a licensed physician to perform a medical procedure necessary in the 19
reasonable medical judgment of the physician to prevent the death or 20
substantial risk of death due to a physical condition, or to prevent the serious, 21
permanent impairment of a life-sustaining organ of a pregnant woman. 22
However, except in circumstances under paragraph (b) of this subsection, 23
the physician shall make reasonable medical efforts under the circumstances 24
to preserve both the life of the mother and the life of the unborn human being 25
in a manner consistent with reasonable medical practice;[ or] 26
(b) For a licensed physician to perform an abortion because of a lethal fetal 27 UNOFFICIAL COPY 25 RS BR 421
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anomaly; 1
(c) For a licensed physician to perform an abortion if in the reasonable 2
medical judgment of the physician the pregnancy is the result of rape under 3
KRS 510.040, 510.050, or 510.060, or incest under KRS 530.020(2)(b) or (c) 4
and the abortion is performed no later than six (6) weeks after the first day 5
of the woman's last menstrual period; or 6
(d) Medical treatment provided to the mother by a licensed physician which 7
results in the accidental or unintentional injury or death to the unborn human 8
being. 9
(5) Nothing in this section may be construed to subject the pregnant mother upon 10
whom any abortion is performed or attempted to any criminal conviction and 11
penalty. 12
(6) Nothing in this section may be construed to prohibit the sale, use, prescription, or 13
administration of a contraceptive measure, drug, or chemical, if it is administered 14
prior to the time when a pregnancy could be determined through conventional 15
medical testing and if the contraceptive measure is sold, used, prescribed, or 16
administered in accordance with manufacturer instructions. 17
(7) The provisions of this section shall be effective relative to the appropriation of 18
Medicaid funds, to the extent consistent with any executive order by the President 19
of the United States, federal statute, appropriation rider, or federal regulation that 20
sets forth the limited circumstances in which states must fund abortion to remain 21
eligible to receive federal Medicaid funds pursuant to 42 U.S.C. secs. 1396 et seq. 22
Section 10. KRS 311.780 is amended to read as follows: 23
(1) No abortion shall be performed or prescribed knowingly after the unborn child may 24
reasonably be expected to have reached viability, except when: 25
(a) Necessary to preserve the life or health of the woman; or 26
(b) There is a fetal anomaly. 27 UNOFFICIAL COPY 25 RS BR 421
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(2) In those instances where an abortion is performed under this section, the person 1
performing the abortion shall take all reasonable steps in keeping with reasonable 2
medical practices to preserve the life and health of the child, including but not 3
limited to KRS 311.760(2), except when the abortion is performed under 4
subsection (1)(b) of this section. 5
Section 11. KRS 311.781 is amended to read as follows: 6
As used in KRS 311.781 to 311.786: 7
(1) "Fertilization" means the fusion of a human spermatozoon with a human ovum; 8
(2) "Gestational age" has the same meaning as in KRS 311.7701; 9
(3) "Medical emergency" means a condition that in the physician's reasonable medical 10
judgment, based upon the facts known to the physician at that time, so complicates 11
the woman's pregnancy as to necessitate the immediate performance or inducement 12
of an abortion in order to prevent the death of the pregnant woman or to avoid a 13
serious risk of the substantial and irreversible impairment of a major bodily 14
function of the pregnant woman that delay in the performance or inducement of the 15
abortion would create; 16
(4) "Lethal fetal anomaly" has the same meaning as in Section 1 of this Act; 17
(5) "Pain-capable unborn child" means an unborn child of a probable gestational age of 18
fifteen (15) weeks or more; 19
(6)[(5)] "Physician" has the same meaning as in KRS 311.720; 20
(7)[(6)] "Probable gestational age" has the same meaning as in KRS 311.720; 21
(8)[(7)] "Reasonable medical judgment" means a medical judgment that would be 22
made by a reasonably prudent physician, knowledgeable about the case and the 23
treatment possibilities with respect to the medical conditions involved; 24
(9)[(8)] "Serious risk of the substantial and irreversible impairment of a major bodily 25
function" means any medically diagnosed condition that so complicates the 26
pregnancy of the woman as to directly or indirectly cause the substantial and 27 UNOFFICIAL COPY 25 RS BR 421
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irreversible impairment of a major bodily function. A medically diagnosed 1
condition that constitutes a "serious risk of the substantial and irreversible 2
impairment of a major bodily function" includes pre-eclampsia, inevitable abortion, 3
and premature rupture of the membranes, but does not include a condition related to 4
the woman's mental health; and 5
(10)[(9)] "Unborn child" means an individual organism of the species homo sapiens 6
from fertilization until live birth. 7
Section 12. KRS 311.782 is amended to read as follows: 8
(1) No person shall intentionally perform or induce or intentionally attempt to perform 9
or induce an abortion on a pregnant woman when the probable gestational age of 10
the unborn child is fifteen (15) weeks or greater, except as provided in Sections 2, 11
3, 4, 5, 8, 9, and 10 of this Act and subsection (2) of this section. 12
(2) It shall be an affirmative defense to a charge under subsection (1) of this section 13
that the abortion was intentionally performed or induced or intentionally attempted 14
to be performed or induced by a physician and that the physician determined, in the 15
physician's reasonable medical judgment, based on the facts known to the physician 16
at that time, that any[either] of the following applied: 17
(a) The probable gestational age of the unborn child was less than fifteen (15) 18
weeks;[ or] 19
(b) The abortion was necessary to prevent the death of the pregnant woman or to 20
avoid a serious risk of the substantial and irreversible impairment of a major 21
bodily function of the pregnant woman. No abortion shall be necessary if it is 22
based on a claim or diagnosis that the pregnant woman will engage in conduct 23
that would result in her death or in substantial and irreversible impairment of 24
a major bodily function or if it is based on any reason related to her mental 25
health; or 26
(c) The abortion was necessary because of a lethal fetal anomaly. 27 UNOFFICIAL COPY 25 RS BR 421
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(3) (a) Except when a medical emergency exists that prevents compliance with KRS 1
311.783, the affirmative defense set forth in subsection (2)(a) of this section 2
shall[does] not apply unless the physician who intentionally performs or 3
induces or intentionally attempts to perform or induce the abortion makes a 4
determination of the probable gestational age of the unborn child as required 5
by KRS 311.783(1) or relied upon such a determination made by another 6
physician and certifies in writing, based on the results of the tests performed, 7
that in the physician's reasonable medical judgment the unborn child's 8
probable gestational age is less than fifteen (15) weeks. 9
(b) Except when a medical emergency exists that prevents compliance with one 10
(1) or more of the following conditions, the affirmative defense set forth in 11
subsection (2)(b) of this section does not apply unless the physician who 12
intentionally performs or induces or intentionally attempts to perform or 13
induce the abortion complies with all of the following conditions: 14
1. The physician who intentionally performs or induces or intentionally 15
attempts to perform or induce the abortion certifies in writing that, in the 16
physician's reasonable medical judgment, based on the facts known to 17
the physician at that time, the abortion is necessary to prevent the death 18
of the pregnant woman or to avoid a serious risk of the substantial and 19
irreversible impairment of a major bodily function of the pregnant 20
woman; 21
2. A different physician not professionally related to the physician 22
described in subparagraph 1. of this paragraph certifies in writing that, 23
in that different physician's reasonable medical judgment, based on the 24
facts known to that different physician at that time, the abortion is 25
necessary to prevent the death of the pregnant woman or to avoid a 26
serious risk of the substantial and irreversible impairment of a major 27 UNOFFICIAL COPY 25 RS BR 421
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bodily function of the pregnant woman; 1
3. The physician intentionally performs or induces or intentionally 2
attempts to perform or induce the abortion in a hospital or other health 3
care facility that has appropriate neonatal services for premature infants 4
unless the abortion is performed under subsection (2)(c) of this 5
section; 6
4. The physician who intentionally performs or induces or intentionally 7
attempts to perform or induce the abortion terminates or attempts to 8
terminate the pregnancy in the manner that provides the best opportunity 9
for the unborn child to survive, unless that physician determines, in the 10
physician's reasonable medical judgment, based on the facts known to 11
the physician at that time, that the termination of the pregnancy in that 12
manner poses a greater risk of death of the pregnant woman or a greater 13
risk of the substantial and irreversible impairment of a major bodily 14
function of the pregnant woman than would other available methods of 15
abortion, or the termination of the pregnancy is performed under 16
subsection (2)(c) of this section; 17
5. The physician certifies in writing the available method or techniques 18
considered and the reasons for choosing the method or technique 19
employed; and 20
6. The physician who intentionally performs or induces or intentionally 21
attempts to perform or induce the abortion has arranged for the 22
attendance in the same room in which the abortion is to be performed or 23
induced or attempted to be performed or induced at least one (1) other 24
physician who is to take control of, provide immediate medical care for, 25
and take all reasonable steps necessary to preserve the life and health of 26
the unborn child immediately upon the child's complete expulsion or 27 UNOFFICIAL COPY 25 RS BR 421
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extraction from the pregnant woman. 1
(4) The state Board of Medical Licensure shall revoke a physician's license to practice 2
medicine in this state if the physician violates or fails to comply with this section. 3
(5) Any physician who intentionally performs or induces or intentionally attempts to 4
perform or induce an abortion on a pregnant woman with actual knowledge that 5
none[neither] of the affirmative defenses set forth in subsection (2) of this section 6
apply[applies], or with a heedless indifference as to whether either affirmative 7
defense applies, is liable in a civil action for compensatory and punitive damages 8
and reasonable attorney's fees to any person, or the representative of the estate of 9
any person including but not limited to an unborn child, who sustains injury, death, 10
or loss to person or property as the result of the performance or inducement or the 11
attempted performance or inducement of the abortion. In any action under this 12
subsection, the court also may award any injunctive or other equitable relief that the 13
court considers appropriate. 14
(6) A pregnant woman on whom an abortion is intentionally performed or induced or 15
intentionally attempted to be performed or induced in violation of subsection (1) of 16
this section is not guilty of violating subsection (1) of this section or of attempting 17
to commit, conspiring to commit, or complicity in committing a violation of 18
subsection (1) of this section. 19
Section 13. KRS 311.800 is amended to read as follows: 20
(1) No publicly owned hospital or other publicly owned health care facility shall 21
perform or permit the performance of abortions, except: 22
(a) To save the life of the pregnant woman or to avoid a serious risk of the 23
substantial and irreversible impairment of a major bodily function of the 24
pregnant woman; 25
(b) To remove a dead fetus, ectopic pregnancy, or incomplete miscarriage; 26
(c) Because of a lethal fetal anomaly; or 27 UNOFFICIAL COPY 25 RS BR 421
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(d) If in the physician's best clinical judgment the pregnancy is the result of 1
rape under KRS 510.040, 510.050, or 510.060, or incest under KRS 2
530.020(2)(b) or (c), and the abortion is performed no later than six (6) 3
weeks after the first day of the woman's last menstrual period. 4
(2) In the event that a publicly owned hospital or publicly owned health facility is 5
performing or about to perform an abortion in violation of subsection (1) of this 6
section, and law enforcement authorities in the county have failed or refused to take 7
action to stop such a practice, any resident of the county in which the hospital or 8
health facility is located, may apply to the Circuit Court of that county for an 9
injunction or other court process to require compliance with subsection (1) of this 10
section. 11
(3) No private hospital or private health care facility shall be required to, or held liable 12
for refusal to, perform or permit the performance of abortion contrary to its stated 13
ethical policy. 14
(4) No physician, nurse staff member, or employee of a public or private hospital or 15
employee of a public or private health care facility, who shall state in writing to 16
such hospital or health care facility his or her objection to performing, participating 17
in, or cooperating in, abortion on moral, religious, or professional grounds, be 18
required to, or held liable for refusal to, perform, participate in, or cooperate in such 19
abortion. 20
(5) It shall be an unlawful discriminatory practice for the following: 21
(a) Any person to impose penalties or take disciplinary action against, or to deny 22
or limit public funds, licenses, certifications, degrees, or other approvals or 23
documents of qualification to, any hospital or other health care facility due to 24
the refusal of such hospital or health care facility to perform or permit to be 25
performed, participate in, or cooperate in, abortion by reason of objection 26
thereto on moral, religious or professional grounds, or because of any 27 UNOFFICIAL COPY 25 RS BR 421
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statement or other manifestation of attitude by such hospital or health care 1
facility with respect to abortion;[ or,] 2
(b) Any person to impose penalties or take disciplinary action against, or to deny 3
or limit public funds, licenses, certifications, degrees, or other approvals or 4
documents of qualification to any physician, nurse or staff member or 5
employee of any hospital or health care facility, due to the willingness or 6
refusal of such physician, nurse, or staff member or employee to perform or 7
participate in abortion by reason of objection thereto on moral, religious, or 8
professional grounds, or because of any statement or other manifestation of 9
attitude by such physician, nurse or staff member or employee with respect to 10
abortion; or[,] 11
(c) Any public or private agency, institution or person, including a medical, 12
nursing or other school, to deny admission to, impose any burdens in terms of 13
conditions of employment upon, or otherwise discriminate against any 14
applicant for admission thereto or any physician, nurse, staff member, student, 15
or employee thereof, based upon[on account of] the willingness or refusal of 16
such applicant, physician, nurse, staff member, student, or employee to 17
perform or participate in abortion or sterilization by reason of objection 18
thereto on moral, religious, or professional grounds, or because of any 19
statement or other manifestation of attitude by such person with respect to 20
abortion or sterilization if that health care facility is not operated exclusively 21
for the purposes of performing abortions or sterilizations. 22
Section 14. KRS 213.101 is amended to read as follows: 23
(1) Each abortion as defined in KRS 213.011 which occurs in the Commonwealth, 24
regardless of the length of gestation, shall be reported to the Vital Statistics Branch 25
by the person in charge of the institution within three (3) days after the end of the 26
month in which the abortion occurred. If the abortion was performed outside an 27 UNOFFICIAL COPY 25 RS BR 421
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institution, the attending physician shall prepare and file the report within three (3) 1
days after the end of the month in which the abortion occurred. 2
(2) The report shall include all the information the physician is required to certify in 3
writing or determine under KRS 311.731, 311.732, 311.7704, 311.7705, 311.7706, 4
311.7707, 311.7735, 311.7736, 311.774, 311.782, and 311.783, and at a minimum: 5
(a) The full name and address of the physician who performed the abortion or 6
provided the abortion-inducing drug as defined in KRS 311.7731; 7
(b) The address at which the abortion was performed or the address at which the 8
abortion-inducing drug was provided by a qualified physician, or the method 9
of obtaining the abortion-inducing drug if not provided by a qualified 10
physician, including mail order, internet order, or by a telehealth provider in 11
which case identifying information for the pharmacy, website[Web site] 12
address, or the telemedicine provider shall be included; 13
(c) The names, serial numbers, National Drug Codes, lot numbers, and expiration 14
dates of the specific abortion-inducing drugs that were provided to the 15
pregnant patient and the dates each were provided; 16
(d) The full name and address of the referring physician, agency, or service, if 17
any; 18
(e) The pregnant patient's city or town, county, state, country of residence, and 19
zip code; 20
(f) The pregnant patient's age, race, and ethnicity; 21
(g) The age or approximate age of the father, if known; 22
(h) The total number and dates of each previous pregnancy, live birth, and 23
abortion of the pregnant patient; 24
(i) The probable gestational and post-fertilization ages of the unborn child, the 25
methods used to confirm the gestational and post-fertilization ages, and the 26
date determined; 27 UNOFFICIAL COPY 25 RS BR 421
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(j) A list of any pre-existing medical conditions of the pregnant patient that may 1
complicate her pregnancy, if any, including hemorrhage, infection, uterine 2
perforation, cervical laceration, retained products, or any other condition; 3
(k) Whether the fetus was delivered alive and the length of time the fetus 4
survived; 5
(l) Whether the fetus was viable and, if viable, the medical reason for 6
termination; 7
(m) Whether a pathological examination of the fetus was performed; 8
(n) Whether the pregnant patient returned for a follow-up examination, the date 9
and results of any such follow-up examination, and what reasonable efforts 10
were made by the qualified physician to encourage the patient to reschedule a 11
follow-up examination if the appointment was missed; 12
(o) Whether the woman suffered any complications or adverse events as defined 13
in KRS 311.7731 and what specific complications or adverse events occurred, 14
and any follow-up treatment provided as required by KRS 311.774; 15
(p) Whether the pregnant patient was Rh negative and, if so, was provided with 16
an Rh negative information fact sheet and treated with the prevailing medical 17
standard of care to prevent harmful fetal or child outcomes or Rh 18
incompatibility in future pregnancies; 19
(q) The amount billed to cover the treatment for specific complications or adverse 20
events, including whether the treatment was billed to Medicaid, private 21
insurance, private pay, or other method. This should include ICD-10 codes 22
reported and charges for any physician, hospital, emergency room, 23
prescription or other drugs, laboratory tests, and any other costs for treatment 24
rendered; 25
(r) The reason for the abortion, if known, including abuse, coercion, harassment,[ 26
or] trafficking, rape, or incest; and 27 UNOFFICIAL COPY 25 RS BR 421
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(s) Whether the pregnant patient was tested for sexually transmitted diseases 1
when providing the informed consent required in KRS 311.725 and 311.7735 2
twenty-four (24) hours before the abortion procedure or tested at the time of 3
the abortion procedure, and if the pregnant patient tested positive, was treated 4
or referred for treatment and follow-up care. 5
(3) The report shall not contain: 6
(a) The name of the pregnant patient; 7
(b) Common identifiers such as a Social Security number and motor vehicle 8
operator's license number; and 9
(c) Any other information or identifiers that would make it possible to ascertain 10
the patient's identity. 11
(4) If a person other than the physician described in this subsection makes or maintains 12
a record required by KRS 311.732, 311.7704, 311.7705, 311.7706, or 311.7707 on 13
the physician's behalf or at the physician's direction, that person shall comply with 14
the reporting requirement described in this subsection as if the person were the 15
physician. 16
(5) Each prescription issued for an abortion-inducing drug as defined in KRS 311.7731 17
for which the primary indication is the induction of abortion as defined in KRS 18
213.011 shall be reported to the Vital Statistics Branch within three (3) days after 19
the end of the month in which the prescription was issued as required by KRS 20
311.774, but the report shall not include information which will identify the woman 21
involved or anyone who may be picking up the prescription on behalf of the 22
woman. 23
(6) The name of the person completing the report and the reporting institution shall not 24
be subject to disclosure under KRS 61.870 to 61.884. 25
(7) By September 30 of each year, the Vital Statistics Branch shall issue a public report 26
that provides statistics on all data collected, including the type of abortion 27 UNOFFICIAL COPY 25 RS BR 421
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procedure used, for the previous calendar year compiled from all of the reports 1
covering that calendar year submitted to the cabinet in accordance with this section 2
for each of the items listed in this section. Each annual report shall also provide 3
statistics for all previous calendar years in which this section was in effect, adjusted 4
to reflect any additional information from late or corrected reports. The Vital 5
Statistics Branch shall ensure that none of the information included in the report 6
could reasonably lead to the identification of any pregnant woman upon whom an 7
abortion was performed or attempted. Each annual report shall be made available 8
on the cabinet's website[Web site]. 9
(8) (a) Any person or institution who fails to submit a report by the end of thirty (30) 10
days following the due date set in this section shall be subject to a late fee of 11
five hundred dollars ($500) for each additional thirty (30) day period or 12
portion of a thirty (30) day period the report is overdue. 13
(b) Any person or institution who fails to submit a report, or who has submitted 14
only an incomplete report, more than one (1) year following the due date set 15
in this section, may in a civil action brought by the Vital Statistics Branch be 16
directed by a court of competent jurisdiction to submit a complete report 17
within a time period stated by court order or be subject to contempt of court. 18
(c) Failure by any physician to comply with the requirements of this section, 19
other than filing a late report, or to submit a complete report in accordance 20
with a court order shall subject the physician to KRS 311.595. 21
(9) Intentional falsification of any report required under this section is a Class A 22
misdemeanor. 23
(10) The Vital Statistics Branch shall promulgate administrative regulations in 24
accordance with KRS Chapter 13A to assist in compliance with this section. 25
(11) (a) The Office of the Inspector General, Cabinet for Health and Family Services, 26
shall annually audit the required reporting of abortion-related information to 27 UNOFFICIAL COPY 25 RS BR 421
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the Vital Statistics Branch in this section and KRS 213.172, and in so doing, 1
shall function as a health oversight agency of the Commonwealth for this 2
specific purpose. 3
(b) The Office of the Inspector General shall ensure that none of the information 4
included in the audit report could reasonably lead to the identification of any 5
pregnant woman upon whom an abortion was performed or attempted. 6
(c) If any personally identifiable information is viewed or recorded by the Office 7
of the Inspector General in conducting an audit authorized by this subsection, 8
the information held by the Inspector General shall not be subject to the 9
Kentucky Open Records Act, shall be confidential, and shall only be released 10
upon court order. 11
(d) The Inspector General shall submit a written report to the General Assembly 12
and the Attorney General by October 1 of each year. The reports shall include 13
findings from: 14
1. The audit required in this subsection, including any identified reporting 15
deficiencies; and 16
2. All abortion facility inspections, including any violations of KRS 17
216B.0431 and 216B.0435. 18