UNOFFICIAL COPY 25 RS BR 1019
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AN ACT relating to reproductive health care. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS 311.710 TO 311.820 IS CREATED 3
TO READ AS FOLLOWS: 4
Notwithstanding any other law to the contrary: 5
(1) As used in this section: 6
(a) "Abortion service" means: 7
1. An abortion; and 8
2. Any health care or other service related to or provided in conjunction 9
with an abortion, whether provided at the same time or on the same 10
day as the abortion; and 11
(b) "Seeking, obtaining, providing, or facilitating" shall include but not be 12
limited to: 13
1. Reviewing or researching information related to an abortion service; 14
2. Expressing interest in an abortion service; 15
3. Offering to pay or provide, or paying or providing, financial assistance 16
for an abortion service: 17
4. Using, furnishing, providing, or disseminating any information 18
related to an abortion service; 19
5. Offering to provide or providing transportation for or related to an 20
abortion service; 21
6. Recommending, referring, arranging, assisting, or providing any 22
service related to obtaining an abortion service; 23
7. Providing any health care service that is not prohibited in this 24
Commonwealth related to a pregnancy; 25
8. Otherwise taking action to assist or obtain any abortion service; or 26
9. Attempting any action under subparagraphs 1. to 8. of this paragraph; 27 UNOFFICIAL COPY 25 RS BR 1019
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(2) (a) No person, physician, health care provider, abortion referral or counseling 1
agency, employer, or other individual or entity shall be subject to civil 2
liability, criminal liability, or administrative investigation for any act or 3
attempted act to aid or encourage any person in connection with seeking, 4
obtaining, providing, or facilitating an abortion service, including the 5
termination of a pregnancy that is provided outside of this Commonwealth 6
to a patient who resides in this Commonwealth and the abortion is lawful in 7
the state in which it is to be provided. 8
(b) This subsection shall apply to any termination of a pregnancy as a result of 9
a patient's use of an abortion-inducing drug as defined in KRS 311.7731 10
provided the patient received the drug outside of this Commonwealth for the 11
patient's personal and sole use, and the patient ingested the abortion-12
inducing drug in a state other than this Commonwealth; 13
(3) No medical record or other written, digital, or oral record created regarding any 14
action or attempted action protected under this section, or any information 15
contained in any record under this subsection, shall be subject to disclosure or 16
sale for the purpose of: 17
(a) Investigating, tracking, or attempting to identify any person, physician, 18
health care provider, abortion referral or counseling agency, employer, or 19
other individual or entity; or 20
(b) A criminal, civil, or administrative investigation into or proceeding against 21
any person in connection with seeking, obtaining, providing, or facilitating 22
an abortion service; 23
(4) A physician, health care provider, or other professional licensed in this 24
Commonwealth shall not be subject to any disciplinary action, including 25
revocation, suspension, initial denial, renewal denial, limitation, or restriction of 26
a license, reprimand, or monetary fine for any action or attempted action 27 UNOFFICIAL COPY 25 RS BR 1019
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protected under this section; 1
(5) A business or organization shall not be refused a license to operate or do business 2
in this Commonwealth, or be subject to any monetary fine, based solely upon any 3
action or attempted action protected under this section; 4
(6) A public agency or employee, representative, or agent of a public agency, shall 5
not implement or enforce any regulation or policy that may prevent, restrict, 6
impede, or provide for any retaliation against the ability of: 7
(a) Any person to travel across a state line for the purpose of obtaining an 8
abortion service that is lawful in the state in which the service is to be 9
provided; or 10
(b) Any person, physician, health care provider, abortion referral or counseling 11
agency, employer, or other individual or entity to assist another person 12
traveling across a state line for the purpose of obtaining an abortion service 13
that is lawful in the state in which the service is to be provided; 14
(7) An action protected under this section shall not by itself constitute a violation of 15
KRS 529.100 or 529.110; 16
(8) (a) Any person who is harmed by a violation of subsections (2) to (7) of this 17
section shall have a civil cause of action for actual and punitive damages, 18
court costs, and reasonable attorney's fees against the alleged violator. 19
(b) The action provided for in paragraph (a) of this subsection may be filed in 20
the Circuit Court for the county where the alleged violation occurred or the 21
county where the plaintiff resides. 22
(c) Any person found liable under this section shall be jointly and severally 23
liable with each other person found liable under this section for the 24
damages arising from the same violation. 25
(d) For purposes of this subsection, the Commonwealth waives immunity for 26
equitable and declaratory relief, and for any award of monetary damages, 27 UNOFFICIAL COPY 25 RS BR 1019
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costs, or attorney's fees; and 1
(9) Nothing in this section shall be construed to create a right to the performance of 2
an abortion in this Commonwealth that is otherwise prohibited by the laws of this 3
Commonwealth. 4