UNOFFICIAL COPY 25 RS BR 959
Page 1 of 48
XXXX 1/4/2025 12:19 PM Jacketed
AN ACT relating to exceptions to restrictions on maternal healthcare. 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" means a fetus or embryo which is developing outside of the uterus; 18
(6) "Family planning services" means educational, medical, and social services and 19
activities that enable individuals to determine the number and spacing of their 20
children and to select the means by which this may be achieved; 21
(7)[(6)] "Fetus" means a human being from fertilization until birth; 22
(8)[(7)] "Hospital" means those institutions licensed in the Commonwealth of 23
Kentucky pursuant to the provisions of KRS Chapter 216; 24
(9)[(8)] "Human being" means any member of the species homo sapiens from 25
fertilization until death; 26
(10) "Lethal fetal anomaly" means a fetal condition diagnosed before birth from 27 UNOFFICIAL COPY 25 RS BR 959
Page 2 of 48
XXXX 1/4/2025 12:19 PM Jacketed
which an unborn child would die at birth or shortly thereafter, or be stillborn; 1
(11)[(9)] "Medical emergency" means any condition which, on the basis of the 2
physician's good-faith clinical judgment, so complicates the medical condition of a 3
pregnant female as to necessitate the immediate abortion of her pregnancy to avert 4
her death or for which a delay will create serious risk of substantial and irreversible 5
impairment of a major bodily function; 6
(12)[(10)] "Medical necessity" means a medical condition of a pregnant woman that, in 7
the good-faith medical[reasonable] judgment of the physician who is attending the 8
woman, so complicates the pregnancy that it necessitates the immediate 9
performance or inducement of an abortion; 10
(13)[(11)] "Partial-birth abortion" means an abortion in which the physician performing 11
the abortion partially vaginally delivers a living fetus before killing the fetus and 12
completing the delivery; 13
(14)[(12)] "Physician" means any person licensed to practice medicine in the 14
Commonwealth or osteopathy pursuant to this chapter; 15
(15)[(13)] "Probable gestational age of the embryo or fetus" means the gestational age 16
that, in the judgment of a physician, is, with reasonable probability, the gestational 17
age of the embryo or fetus at the time that the abortion is planned to be performed; 18
(16)[(14)] "Public agency" means the Commonwealth of Kentucky; any agency, 19
department, entity, or instrumentality thereof; any city, county, agency, department, 20
entity, or instrumentality thereof; or any other political subdivision of the 21
Commonwealth, agency, department, entity, or instrumentality thereof; 22
(17)[(15)] "Vaginally delivers a living fetus before killing the fetus" means deliberately 23
and intentionally delivers into the vagina a living fetus, or a substantial portion 24
thereof, for the purpose of performing a procedure the physician knows will kill the 25
fetus, and kills the fetus; and 26
(18)[(16)] "Viability" means that stage of human development when the life of the 27 UNOFFICIAL COPY 25 RS BR 959
Page 3 of 48
XXXX 1/4/2025 12:19 PM Jacketed
unborn child may be continued by natural or life-supportive systems outside the 1
womb of the mother. 2
Section 2. KRS 311.723 is amended to read as follows: 3
(1) No abortion shall be performed except by a physician[ after either]: 4
(a) After the physician[He] determines that, in his or her good-faith medical[ 5
best clinical] judgment, the abortion is necessary: 6
1. To preserve the life of the pregnant woman or to avoid a serious risk 7
of the substantial and irreversible impairment of a major bodily 8
function of the pregnant woman; 9
2, To remove a dead unborn fetus caused by spontaneous abortion; 10
3. To remove an ectopic pregnancy or incomplete miscarriage; or 11
4. Because of a lethal fetal anomaly or the fetus is incompatible with 12
sustained life outside the womb; 13
(b) After the physician[He] receives what he or she reasonably believes to be a 14
written statement signed by another physician, hereinafter called the 15
"referring physician," certifying that in the referring physician's good-faith 16
medical[best clinical] judgment the abortion is necessary, and, in addition, he 17
or she receives a copy of the report form required by KRS 213.101; or 18
(c) If, in the good-faith belief of the physician, the pregnancy is the result of 19
rape under KRS 510.040, 510.050, or 510.060, or incest under KRS 530.020, 20
and the fetus has not reached viability. 21
(2) No abortion shall be performed except in compliance with regulations which the 22
cabinet shall issue to ensure that: 23
(a) Before the abortion is performed, the pregnant woman shall have a private 24
medical consultation either with the physician who is to perform the abortion 25
or with the referring physician in a place, at a time, and of a duration 26
reasonably sufficient to enable the physician to determine whether, based 27 UNOFFICIAL COPY 25 RS BR 959
Page 4 of 48
XXXX 1/4/2025 12:19 PM Jacketed
upon the physician's good-faith medical[his best clinical] judgment, the 1
abortion is necessary; 2
(b) The physician who is to perform the abortion or the referring physician will 3
describe the basis for his or her good-faith medical[ best clinical] judgment 4
that the abortion is necessary on a form prescribed by the cabinet as required 5
by KRS 213.101; and 6
(c) Paragraph (a) of this subsection shall not apply when, in the good-faith 7
medical judgment of the attending physician based on the particular facts of 8
the case before him or her, there exists a medical emergency. In such a case, 9
the physician shall describe the basis of his or her good-faith medical 10
judgment that an emergency exists on a form prescribed by the cabinet as 11
required by KRS 213.101. 12
(3) Notwithstanding any statute to the contrary, nothing in this chapter shall be 13
construed as prohibiting a physician from prescribing or a woman from using birth 14
control methods or devices, including[,] but not limited to[,] intrauterine devices, 15
oral contraceptives, or any other birth control method or device. 16
Section 3. KRS 311.725 is amended to read as follows: 17
(1) No abortion shall be performed or induced except with the voluntary and informed 18
written consent of the woman upon whom the abortion is to be performed or 19
induced. Except in the case of a medical emergency, consent to an abortion is 20
voluntary and informed if and only if: 21
(a) At least twenty-four (24) hours prior to the abortion, a physician, licensed 22
nurse, physician assistant, or social worker to whom the responsibility has 23
been delegated by the physician has verbally informed the woman of all of the 24
following: 25
1. The nature and purpose of the particular abortion procedure or treatment 26
to be performed and of those medical risks and alternatives to the 27 UNOFFICIAL COPY 25 RS BR 959
Page 5 of 48
XXXX 1/4/2025 12:19 PM Jacketed
procedure or treatment that a reasonable patient would consider material 1
to the decision of whether or not to undergo the abortion; 2
2. The probable gestational age of the embryo or fetus at the time the 3
abortion is to be performed; 4
3. The medical risks associated with the pregnant woman carrying her 5
pregnancy to term; and 6
4. The potential ability of a physician to reverse the effects of prescription 7
drugs intended to induce abortion, where additional information about 8
this possibility may be obtained, and contact information for assistance 9
in locating a physician who may aid in the reversal; 10
(b) At least twenty-four (24) hours prior to the abortion, in an individual, private 11
setting, a physician, licensed nurse, physician assistant, or social worker to 12
whom the responsibility has been delegated by the physician has informed the 13
pregnant woman that: 14
1. The cabinet publishes the printed materials described in subsection 15
(2)(a), (b), and (c) of this section and that she has a right to review the 16
printed materials and that copies will be provided to her by the 17
physician, licensed nurse, physician assistant, or social worker free of 18
charge if she chooses to review the printed materials; 19
2. Medical assistance benefits may be available for prenatal care, 20
childbirth, and neonatal care, and that more detailed information on the 21
availability of such assistance is contained in the printed materials 22
published by the cabinet; 23
3. The father of the fetus is liable to assist in the support of her child, even 24
in instances where he has offered to pay for the abortion; and 25
4. It is illegal in Kentucky to intentionally perform an abortion, in whole or 26
in part, because of: 27 UNOFFICIAL COPY 25 RS BR 959
Page 6 of 48
XXXX 1/4/2025 12:19 PM Jacketed
a. The sex of the unborn child; 1
b. The race, color, or national origin of the unborn child; or 2
c. The diagnosis, or potential diagnosis, of Down syndrome or any 3
other disability, except a lethal fetal anomaly or the fetus is 4
incompatible with sustained life outside of the womb; 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 959
Page 7 of 48
XXXX 1/4/2025 12:19 PM Jacketed
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 959
Page 8 of 48
XXXX 1/4/2025 12:19 PM Jacketed
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 959
Page 9 of 48
XXXX 1/4/2025 12:19 PM Jacketed
(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 959
Page 10 of 48
XXXX 1/4/2025 12:19 PM Jacketed
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; 25
(b) If the fetus the pregnant woman is carrying has a lethal anomaly or is 26
incompatible with sustained life outside of the womb; or 27 UNOFFICIAL COPY 25 RS BR 959
Page 11 of 48
XXXX 1/4/2025 12:19 PM Jacketed
(c) If, in the good-faith belief of the physician, the pregnancy is the result of 1
rape under KRS 510.040, 510.050, or 510.060, or incest under KRS 530.020, 2
and the fetus has not reached viability. 3
Section 5. KRS 311.732 is amended to read as follows: 4
(1) For purposes of this section the following definitions shall apply: 5
(a) "Minor" means any person under the age of eighteen (18); 6
(b) "Emancipated minor" means any minor who is or has been married or has by 7
court order or otherwise been freed from the care, custody, and control of her 8
parents; and 9
(c) "Abortion" means the use of any instrument, medicine, drug, or any other 10
substance or device with intent to terminate the pregnancy of a woman known 11
to be pregnant with intent other than to increase the probability of a live birth, 12
to preserve the life or health of the child after live birth,[ or] to remove a dead 13
fetus, ectopic pregnancy, or incomplete miscarriage, or as provided under 14
subsection (4) of this section. 15
(2) No person shall perform an abortion upon a minor unless: 16
(a) The attending physician has secured the informed written consent of the 17
minor and one (1) parent or legal guardian with joint or physical custody and 18
the consenting parent or legal guardian of the minor has made a reasonable 19
attempt to notify any other parent with joint or physical custody at least forty-20
eight (48) hours prior to providing the informed written consent. 21
1. Notice shall not be required to be provided to any parent who has: 22
a. Previously been enjoined by a domestic violence order or 23
interpersonal protective order, regardless of whether or not the 24
person to be protected by the order was the minor; or 25
b. Been convicted of, or entered into a diversion program for, a 26
criminal offense against a victim who is a minor as defined in 27 UNOFFICIAL COPY 25 RS BR 959
Page 12 of 48
XXXX 1/4/2025 12:19 PM Jacketed
KRS 17.500 or for a violent or sexual criminal offense under KRS 1
Chapter 506, 507, 507A, 508, 509, 510, 529, 530, or 531. 2
2. The informed written consent shall include: 3
a. A copy of the minor's government-issued identification, a copy of 4
the consenting parent's or legal guardian's government-issued 5
identification, and written documentation including but not limited 6
to a birth certificate, court-ordered custodial paperwork, or tax 7
return, establishing that he or she is the lawful parent or legal 8
guardian; and 9
b. The parent's or legal guardian's certification that he or she consents 10
to the abortion. The certification shall be in a signed, dated, and 11
notarized document that has been initialed on each page and that 12
contains the following statement, which shall precede the signature 13
of the parent or legal guardian: "I, (insert name of parent or legal 14
guardian), am the (select "parent" or "legal guardian") of (insert 15
name of minor) and give consent for (insert name of attending 16
physician) to perform an abortion on her. Under penalties of 17
perjury, I declare that I have read the foregoing statement and that 18
the facts stated in it are true." 19
3. The attending physician shall keep a copy of the informed written 20
consent in the medical file of the minor for five (5) years after the minor 21
reaches eighteen (18) years of age or for seven (7) years, whichever is 22
longer. 23
4. The attending physician securing the informed written consent from a 24
parent or legal guardian under this subsection shall execute for inclusion 25
in the medical record of the minor an affidavit stating: "I, (insert name 26
of attending physician), certify that, according to my best information 27 UNOFFICIAL COPY 25 RS BR 959
Page 13 of 48
XXXX 1/4/2025 12:19 PM Jacketed
and belief, a reasonable person under similar circumstances would rely 1
on the information presented by both the minor and her parent or legal 2
guardian as sufficient evidence of identity."; 3
(b) The minor is emancipated and the attending physician has received the 4
informed written consent of the minor; or 5
(c) The minor elects to petition any Circuit or District Court of the 6
Commonwealth pursuant to subsection (3) of this section and obtain an order 7
pursuant to subsection (4) of this section granting consent to the abortion and 8
the attending physician has received the informed written consent of the 9
minor. 10
(3) Every minor shall have the right to petition any Circuit or District Court of the 11
Commonwealth for an order granting the right to self-consent to an abortion 12
pursuant to the following procedures: 13
(a) The minor or her next friend may prepare and file a petition setting forth the 14
request of the minor for an order of consent to an abortion; 15
(b) The court shall ensure that the minor prepares or her next friend is given 16
assistance in preparing and filing the petition and shall ensure that the minor's 17
identity is kept anonymous; 18
(c) The minor may participate in proceedings in the court on her own behalf or 19
through her next friend and the court shall appoint a guardian ad litem for her. 20
The court shall advise her that she has a right to court-appointed counsel and 21
shall provide her with such counsel upon her request; 22
(d) All proceedings under this section shall be anonymous and shall be given 23
preference over other matters to ensure that the court may reach a decision 24
promptly, but in no case shall the court fail to rule within seventy-two (72) 25
hours of the time of application, provided that the seventy-two (72) hour 26
limitation may be extended at the request of the minor; and 27 UNOFFICIAL COPY 25 RS BR 959
Page 14 of 48
XXXX 1/4/2025 12:19 PM Jacketed
(e) The court shall hold a hearing on the merits of the petition before reaching a 1
decision. The court shall hear evidence at the hearing relating to: 2
1. The minor's: 3
a. Age; 4
b. Emotional development and stability; 5
c. Maturity; 6
d. Intellect; 7
e. Credibility and demeanor as a witness; 8
f. Ability to accept responsibility; 9
g. Ability to assess both the current and future life-impacting 10
consequences of, and alternatives to, the abortion; and 11
h. Ability to understand and explain the medical risks of the abortion 12
and to apply that understanding to her decision; and 13
2. Whether there may be any undue influence by another on the minor's 14
decision to have an abortion. 15
(4) (a) If the court finds by: 16
1. Clear and convincing evidence that the minor is sufficiently mature to 17
decide whether to have an abortion; 18
2. Clear and convincing evidence that the requirements of this section are 19
not in the best interest of the minor; or 20
3. A preponderance of the evidence that the minor is: 21
a. The victim of child abuse or sexual abuse inflicted by one (1) or 22
both of her parents or her legal guardian; 23
b. Pregnant as a result of rape under KRS 510.040, 510.050, or 24
510.060, or incest under KRS 530.020, and the fetus has not 25
reached viability; 26
c. Pregnant with a fetus that has a lethal fetal abnormality or the 27 UNOFFICIAL COPY 25 RS BR 959
Page 15 of 48
XXXX 1/4/2025 12:19 PM Jacketed
fetus is incompatible with sustained life outside the womb; or 1
d. Requires the abortion to remove a dead fetus, ectopic pregnancy, 2
or incomplete miscarriage; 3
the court shall enter a written order, making specific factual findings and legal 4
conclusions supporting its decision to grant the petition for an abortion. 5
(b) If the court does not make any of the findings specified in paragraph (a) of 6
this subsection, the court shall deny the petition. 7
(c) As used in this subsection, "best interest of the minor" shall not include 8
financial best interest, financial considerations, or the potential financial 9
impact on the minor or the minor's family if the minor does not have an 10
abortion. 11
(5) Any minor shall have the right of anonymous and expedited appeal to the Court of 12
Appeals, and that court shall give precedence over other pending matters. 13
(6) All hearings under this section, including appeals, shall remain confidential and 14
closed to the public. The hearings shall be held in chambers or in a similarly private 15
and informal setting within the courthouse. 16
(7) No fees shall be required of any minor who declares she has no sufficient funds to 17
pursue the procedures provided by this section. 18
(8) (a) The Supreme Court is respectfully requested to promulgate any rules and 19
regulations it feels are necessary to ensure that proceedings under this section 20
are handled in an expeditious and anonymous manner. 21
(b) The Supreme Court, through the Administrative Office of the Courts, shall 22
report by February 1 of each year to the Legislative Research Commission 23
and the cabinet on the number of petitions filed under subsection (3) of this 24
section for the preceding year, and the timing and manner of disposal of the 25
petition by each court. For each approved petition granting an abortion filed 26
under subsection (3) of this section, the specific court finding in subsection 27 UNOFFICIAL COPY 25 RS BR 959
Page 16 of 48
XXXX 1/4/2025 12:19 PM Jacketed
(4) of this section shall be included in the report. 1
(9) (a) The requirements of subsections (2), (3), and (4) of this section shall not apply 2
when, in the best medical judgment of the physician based on the facts of the 3
case before him or her, a medical emergency exists that so complicates the 4
pregnancy as to require an immediate abortion. 5
(b) If a medical emergency exists, the physician shall make reasonable attempts, 6
whenever possible, and without endangering the minor, to contact the parent 7
or legal guardian of the minor, and may proceed, but must document reasons 8
for the medical necessity in the minor's medical records. 9
(c) The physician shall inform the parent or legal guardian, in person or by 10
telephone, within twenty-four (24) hours of the abortion, including details of 11
the medical emergency that necessitated the abortion without the parent's or 12
legal guardian's consent. The physician shall also provide this information in 13
writing to the parent or legal guardian at his or her last known address by 14
first-class mail or by certified mail, return receipt requested, with delivery 15
restricted to the parent or legal guardian. 16
(10) A report indicating the basis for any medical judgment that warrants failure to 17
obtain consent pursuant to this section shall be filed with the Cabinet for Health and 18
Family Services on a form supplied by the cabinet. This report shall be confidential. 19
(11) Failure to obtain consent pursuant to the requirements of this section is prima facie 20
evidence of failure to obtain informed consent and of interference with family 21
relations in appropriate civil actions. The law of this state shall not be construed to 22
preclude the award of exemplary damages in any appropriate civil action relevant to 23
violations of this section. Nothing in this section shall be construed to limit the 24
common-law rights of parents. 25
(12) A minor upon whom an abortion is performed is not guilty of violating this section. 26
Section 6. KRS 311.735 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 959
Page 17 of 48
XXXX 1/4/2025 12:19 PM Jacketed
(1) Prior to performing an abortion, the physician who is to perform the abortion or the 1
physician's[his] agent shall notify, if reasonably possible, the spouse of the woman 2
upon whom the abortion is to be performed. If it is not reasonably possible to notify 3
the spouse prior to the abortion, the physician or his or her agent shall do so, if 4
reasonably possible, within thirty (30) days of the abortion. 5
(2) (a) The requirements of this section shall not apply if, before the abortion is 6
performed, either party to a marriage has filed a petition for dissolution of 7
marriage which has been served on the respondent.[;] 8
(b) The requirements of this section shall not apply when, in the medical 9
judgment of the attending physician based on the particular facts of the case 10
before the physician[him], there exists a medical emergency. In such a case, 11
the physician shall describe the basis of his or her medical judgment that such 12
an emergency exists on a form prescribed by the cabinet as required by KRS 13
213.101, and the physician or his or her agent shall notify, if reasonably 14
possible, the spouse of the woman upon whom the abortion was performed, 15
within thirty (30) days of the abortion. 16
(c) The requirements of this section shall not apply when the abortion is 17
performed or induced: 18
1. To remove a dead unborn fetus; 19
2. To remove an ectopic pregnancy or incomplete miscarriage; 20
3. Due to a lethal fetal anomaly or the fetus is incompatible with 21
sustained life outside of the womb; or 22
4. By a physician with the good-faith belief that the pregnancy is the 23
result of rape under KRS 510.040, 510.050, or 510.060, or incest 24
under KRS 530.020, and the fetus has not reached viability. 25
(3) Failure to notify a spouse as required by this section is prima facie evidence of 26
interference with family relations in appropriate civil actions. The law of this 27 UNOFFICIAL COPY 25 RS BR 959
Page 18 of 48
XXXX 1/4/2025 12:19 PM Jacketed
Commonwealth shall not be construed to preclude the award of punitive damages or 1
damages for emotional distress, even if unaccompanied by physical complications 2
in any civil action brought pursuant to violations of this section. Nothing in this 3
section shall be construed to limit the common law rights of a husband. 4
Section 7. KRS 311.760 is amended to read as follows: 5
An abortion may be performed in this state only under the following circumstances: 6
(1) During the first trimester of pregnancy by a woman upon herself upon the advice of 7
a licensed physician or by a licensed physician. 8
(2) After the first trimester of pregnancy, except in cases of emergency to protect the 9
life or health of the pregnant woman, where an abortion is permitted under other 10
provisions of KRS 311.710 to 311.820 or 311.7701 to 311.7711, by a duly licensed 11
physician in a hospital duly licensed by the Kentucky Health Facilities and Health 12
Services Certificate of Need and Licensure Board. 13
Section 8. KRS 311.7701 is amended to read as follows: 14
As used in KRS 311.7701 to 311.7711: 15
(1) "Conception" means fertilization; 16
(2) "Contraceptive" means a drug, device, or chemical that prevents conception; 17
(3) "Fertilization" has the same meaning as in KRS 311.781; 18
(4) "Fetal heartbeat" means cardiac activity or the steady and repetitive rhythmic 19
contraction of the fetal heart within the gestational sac; 20
(5) "Fetus" means the human offspring developing during pregnancy from the moment 21
of conception and includes the embryonic stage of development; 22
(6) "Frivolous conduct" has the same meaning as in KRS 311.784; 23
(7) "Gestational age" means the age of an unborn human individual as calculated from 24
the first day of the last menstrual period of a pregnant woman; 25
(8) "Gestational sac" means the structure that comprises the extraembryonic 26
membranes that envelop the fetus and that is typically visible by ultrasound after 27 UNOFFICIAL COPY 25 RS BR 959
Page 19 of 48
XXXX 1/4/2025 12:19 PM Jacketed
the fourth week of pregnancy; 1
(9) "Intrauterine pregnancy" means a pregnancy in which the fetus is attached to the 2
placenta within the uterus of the pregnant woman; 3
(10) "Lethal fetal anomaly" has the same meaning as in Section 1 of this Act; 4
(11) "Medical emergency" has the same meaning as in KRS 311.781; 5
(12)[(11)] "Physician" has the same meaning as in KRS 311.720; 6
(13)[(12)] "Pregnancy" means the human female reproductive condition that begins with 7
fertilization, when the woman is carrying the developing human offspring, and that 8
is calculated from the first day of the last menstrual period of the woman; 9
(14)[(13)] "Serious risk of the substantial and irreversible impairment of a major bodily 10
function" has the same meaning as in KRS 311.781; 11
(15)[(14)] "Spontaneous miscarriage" means the natural or accidental termination of a 12
pregnancy and the expulsion of the fetus, typically caused by genetic defects in the 13
fetus or physical abnormalities in the pregnant woman; 14
(16)[(15)] "Standard medical practice" means the degree of skill, care, and diligence that 15
a physician of the same medical specialty would employ in like circumstances. As 16
applied to the method used to determine the presence of a fetal heartbeat for 17
purposes of KRS 311.7704, "standard medical practice" includes employing the 18
appropriate means of detection depending on the estimated gestational age of the 19
fetus and the condition of the woman and her pregnancy;[ and] 20
(17)[(16)] "Unborn child" and "unborn human individual" have the same meaning as 21
"unborn child" has in KRS 311.781; and 22
(18) "Viability" has the same meaning as in Section 1 of this Act. 23
Section 9. KRS 311.7706 is amended to read as follows: 24
(1) Except as provided in subsection (2) of this section, no person shall intentionally 25
perform or induce an abortion on a pregnant woman with the specific intent of 26
causing or abetting the termination of the life of the unborn human individual the 27 UNOFFICIAL COPY 25 RS BR 959
Page 20 of 48
XXXX 1/4/2025 12:19 PM Jacketed
pregnant woman is carrying and whose fetal heartbeat has been detected in 1
accordance with KRS 311.7704(1). 2
(2) (a) Subsection (1) of this section shall not apply to a physician who performs a 3
medical procedure that, in the physician's good-faith[reasonable] medical 4
judgment:[,] 5
1. Is designed or intended to prevent the death of the pregnant woman or to 6
prevent a serious risk of the substantial and irreversible impairment of a 7
major bodily function of the pregnant woman; 8
2. Is necessary because of a lethal fetal anomaly or the fetus is 9
incompatible with sustained life outside the womb; or 10
3. Is performed because, in the good-faith belief of the physician, the 11
pregnancy is the result of rape under KRS 510.040, 510.050, or 12
510.060, or incest under KRS 530.020, and the fetus has not reached 13
viability. 14
(b) A physician who performs a medical procedure as described in paragraph 15
(a)1. of this subsection shall, in writing: 16
1. Declare that the medical procedure is necessary, to the best of the 17
physician's good-faith[reasonable] medical judgment, to prevent the 18
death of the pregnant woman or to prevent a serious risk of the 19
substantial and irreversible impairment of a major bodily function of the 20
pregnant woman; and 21
2. Specify the pregnant woman's medical condition that the medical 22
procedure is asserted to address and the medical rationale for the 23
physician's conclusion that the medical procedure is necessary to 24
prevent the death of the pregnant woman or to prevent a serious risk of 25
the substantial and irreversible impairment of a major bodily function of 26
the pregnant woman. 27 UNOFFICIAL COPY 25 RS BR 959
Page 21 of 48
XXXX 1/4/2025 12:19 PM Jacketed
(c) A physician who performs a medical procedure as described in paragraph 1
(a)2. of this subsection shall, in writing: 2
1. Declare that the medical procedure is necessary, to the best of the 3
physician's good-faith medical judgment, because of a lethal fetal 4
anomaly or the fetus is incompatible with sustained life outside the 5
womb; and 6
2. Specify the lethal anomaly or condition of the fetus that is 7
incompatible with sustained life outside the womb. 8
(d) A physician who performs a medical procedure as described in paragraph 9
(a)3. of this subsection shall, in writing, specify the basis for the 10
determination that the fetus has not reached viability. 11
(e) The physician shall place the written document required by paragraph (b), 12
(c), or (d)[paragraph (b)] of this subsection in the pregnant woman's medical 13
records. The physician shall maintain a copy of the document in the 14
physician's own records for at least seven (7) years from the date the 15
document is created. 16
(3) A person is not in violation of subsection (1) of this section if the person acts in 17
accordance with KRS 311.7704(1) and the method used to determine the presence 18
of a fetal heartbeat does not reveal a fetal heartbeat. 19
(4) A pregnant woman on whom an abortion is intentionally performed or induced in 20
violation of subsection (1) of this section is not guilty of violating subsection (1) of 21
this section or of attempting to commit, conspiring to commit, or complicity in 22
committing a violation of subsection (1) of this section. In addition, the pregnant 23
woman is not subject to a civil penalty based on the abortion being performed or 24
induced in violation of subsection (1) of this section. 25
(5) Subsection (1) of this section shall not repeal or limit any other provision of the 26
Kentucky Revised Statutes that restricts or regulates the performance or inducement 27 UNOFFICIAL COPY 25 RS BR 959
Page 22 of 48
XXXX 1/4/2025 12:19 PM Jacketed
of an abortion by a particular method or during a particular stage of a pregnancy. 1
Section 10. KRS 311.772 is amended to read as follows: 2
(1) As used in this section: 3
(a) "Fertilization" means that point in time when a male human sperm penetrates 4
the zona pellucida of a female human ovum; 5
(b) "Pregnant" means the human female reproductive condition of having a living 6
unborn human being within her body throughout the entire embryonic and 7
fetal stages of the unborn child from fertilization to full gestation and 8
childbirth; and 9
(c) "Unborn human being" means an individual living member of the species 10
homo sapiens throughout the entire embryonic and fetal stages of the unborn 11
child from fertilization to full gestation and childbirth. 12
(2) The provisions of this section shall become effective immediately upon, and to the 13
extent permitted, by the occurrence of any of the following circumstances: 14
(a) Any decision of the United States Supreme Court which reverses, in whole or 15
in part, Roe v. Wade, 410 U.S. 113 (1973), thereby restoring to the 16
Commonwealth of Kentucky the authority to prohibit abortion; or 17
(b) Adoption of an amendment to the United States Constitution which, in whole 18
or in part, restores to the Commonwealth of Kentucky the authority to prohibit 19
abortion. 20
(3) (a) Except as provided in subsections (4) and (6) of this section, no person may 21
knowingly: 22
1. Administer to, prescribe for, procure for, or sell to any pregnant woman 23
any medicine, drug, or other substance with the specific intent of 24
causing or abetting the termination of the life of an unborn human being; 25
or 26
2. Use or employ any instrument or procedure upon a pregnant woman 27 UNOFFICIAL COPY 25 RS BR 959
Page 23 of 48
XXXX 1/4/2025 12:19 PM Jacketed
with the specific intent of causing or abetting the termination of the life 1
of an unborn human being. 2
(b) Any person who violates paragraph (a) of this subsection shall be guilty of a 3
Class D felony. 4
(4) The following shall not be a violation of subsection (3) of this section: 5
(a) For a licensed physician to perform a medical procedure necessary in the 6
good-faith[reasonable] medical judgment of the physician to prevent the 7
death or substantial risk of death due to a physical condition, or to prevent the 8
serious, permanent impairment of a life-sustaining organ of a pregnant 9
woman. However, except in circumstances under paragraphs (b) and (c) of 10
this subsection, the physician shall make reasonable medical efforts under the 11
circumstances to preserve both the life of the mother and the life of the unborn 12
human being in a manner consistent with reasonable medical practice;[ or] 13
(b) For a licensed physician to perform an abortion because of a lethal fetal 14
anomaly or the fetus is incompatible with sustained life outside the womb of 15
the pregnant woman; 16
(c) For a licensed physician to perform an abortion if, in the good-faith belief 17
of the physician, the pregnancy is the result of rape under KRS 510.040, 18
510.050, or 510.060, or incest under KRS 530.020, and the fetus has not 19
reached viability; or 20
(d) Medical treatment provided to the mother by a licensed physician which 21
results in the accidental or unintentional injury or death to the unborn human 22
being. 23
(5) Nothing in this section may be construed to subject the pregnant mother upon 24
whom any abortion is performed or attempted to any criminal conviction and 25
penalty. 26
(6) (a) Nothing in this section may be construed to prohibit the sale, use, 27 UNOFFICIAL COPY 25 RS BR 959
Page 24 of 48
XXXX 1/4/2025 12:19 PM Jacketed
prescription, or administration of a contraceptive measure, drug, or chemical, 1
if it is administered prior to the time when a pregnancy could be determined 2
through conventional medical testing and if the contraceptive measure is sold, 3
used, prescribed, or administered in accordance with manufacturer 4
instructions. 5
(b) Nothing in this section may be construed to prohibit the sale, use, 6
prescription, or administration of any medicine, drug, or other substance 7
with the specific intent of causing or abetting the termination of the life of 8
an unborn human being in accordance with subsection (4) of this section. 9
(7) The provisions of this section shall be effective relative to the appropriation of 10
Medicaid funds, to the extent consistent with any executive order by the President 11
of the United States, federal statute, appropriation rider, or federal regulation that 12
sets forth the limited circumstances in which states must fund abortion to remain 13
eligible to receive federal Medicaid funds pursuant to 42 U.S.C. secs. 1396 et seq. 14
Section 11. KRS 311.7735 is amended to read as follows: 15
(1) An abortion-inducing drug as defined in KRS 311.7731 shall not be provided to a 16
pregnant patient without the informed consent of the patient. Informed consent shall 17
be obtained at least twenty-four (24) hours before the abortion-inducing drug is 18
provided to a pregnant patient, except if: 19
(a) In the good-faith belief of the physician, the pregnancy is the result of rape 20
under KRS 510.040, 510.050, or 510.060, or incest under KRS 530.020, and 21
the fetus has not reached viability; or[,] 22
(b) In the good-faith[reasonable] medical judgment of the qualified physician, 23
compliance with this subsection would pose a risk of: 24
1.[(a)] The death of the pregnant patient; or 25
2.[(b)] The substantial and irreversible physical impairment of a major 26
bodily function, not including psychological or emotional conditions, of 27 UNOFFICIAL COPY 25 RS BR 959
Page 25 of 48
XXXX 1/4/2025 12:19 PM Jacketed
the pregnant patient. 1
(2) A qualified physician shall use a form created by the Cabinet for Health and Family 2
Services to obtain the consent required prior to providing an abortion-inducing drug 3
as defined in KRS 311.7731 and submit the completed form to the cabinet. 4
(3) A consent form is not valid and consent is not sufficient, unless: 5
(a) The patient initials each entry, list, description, or declaration required to be 6
on the consent form; 7
(b) The patient signs the consent statement; and 8
(c) The qualified physician signs the qualified physician declaration. 9
(4) The consent form shall include but is not limited to the following: 10
(a) The probable gestational age of the unborn child as determined by both 11
patient history and by ultrasound results used to confirm gestational age; 12
(b) A detailed description of the steps to complete the drug-induced abortion; 13
(c) A detailed list of the risks related to the specific abortion-inducing drug as 14
defined in KRS 311.7731 or drugs to be used, including potential 15
complications and adverse events as defined in KRS 311.7731; 16
(d) If the pregnant patient was Rh negative, the pregnant patient was provided 17
with an Rh negative information fact sheet and offered treatment with the 18
prevailing medical standard of care to prevent harmful fetal or child outcomes 19
or Rh incompatibility in future pregnancies; 20
(e) That the risks of complications from a medication abortion, including 21
incomplete abortion, increase with advancing gestational age; 22
(f) That it may be possible to reverse the effects of the abortion-inducing drug if 23
desired but that this should be done as soon as possible; 24
(g) That the patient may see the remains of the unborn child in the process of 25
completing the abortion; 26
(h) That initial studies suggest that children born after reversing the effects of the 27 UNOFFICIAL COPY 25 RS BR 959
Page 26 of 48
XXXX 1/4/2025 12:19 PM Jacketed
abortion-inducing drug mifeprex/mifepristone have no greater risk of birth 1
defects than the general population; 2
(i) That initial studies suggest that there is no increased risk of maternal mortality 3
after reversing the effects of the abortion-inducing drug 4
mifeprex/mifepristone; 5
(j) That information on and assistance with reversing the effects of abortion-6
inducing drugs are available in the state-prepared materials and on the 7
cabinet's website[Web site]; 8
(k) An "acknowledgment of risks and consent statement" which the pregnant 9
patient shall sign. The pregnant patient shall initial by each statement and the 10
statement shall include but is not limited to the following declarations: 11
1. That the pregnant patient understands that the abortion-inducing drug 12
regimen or procedure is intended to end the pregnancy and will result in 13
the death of the unborn child; 14
2. That the pregnant patient is not being forced to have an abortion, has the 15
choice not to have the abortion, and may withdraw consent to the 16
abortion-inducing drug regimen even after it has been provided; 17
3. That the pregnant patient understands that the abortion-inducing drug to 18
be provided has specific risks and may result in specific complications; 19
4. That the pregnant patient has been given the opportunity to ask 20
questions about the pregnancy, the development of the unborn child, 21
alternatives to abortion, the abortion-inducing drug or drugs to be used, 22
and the risks and complications possible when abortion-inducing drugs 23
are provided; 24
5. That the pregnant patient was specifically told that information on the 25
potential ability of qualified medical professionals to reverse the effects 26
of a drug-induced abortion is available and where to obtain information 27 UNOFFICIAL COPY 25 RS BR 959
Page 27 of 48
XXXX 1/4/2025 12:19 PM Jacketed
for assistance in locating a medical professional that can aid in the 1
reversal of a drug-induced abortion; 2
6. That the pregnant patient has been provided access to printed materials 3
on informed consent for abortion; 4
7. That the pregnant patient has been given the name and phone number of 5
the associated physician who has agreed to provide medical care and 6
treatment in the event of complications associated with the abortion-7
inducing drug regimen or procedure; 8
8. That the qualified physician will schedule an in-person follow-up visit 9
for the patient for approximately seven (7) to fourteen (14) days after 10
providing the abortion-inducing drug or drugs to confirm that the 11
pregnancy is completely terminated and to assess any degree of bleeding 12
and other complications; 13
9. That the pregnant patient has received or been given sufficient 14
information to give informed consent to the abortion-inducing drug 15
regimen or procedure; and 16
10. That the patient has a private right of action to sue the qualified 17
physician under the laws of Kentucky if the patient feels coerced or 18
misled prior to obtaining an abortion; 19
(l) A qualified physician's declaration that states that the qualified physician has 20
explained the abortion-inducing drug or drugs to be provided, has provided all 21
of the information required in paragraph (k) of this subsection, and has 22
answered all of the woman's questions, shall be signed by the qualified 23
physician; and 24
(m) If prescribing for the purpose of inducing an abortion, a qualified physician 25
shall include the following on the prescription for an abortion-inducing drug: 26
"For The Purpose of Abortion Inducement". 27 UNOFFICIAL COPY 25 RS BR 959
Page 28 of 48
XXXX 1/4/2025 12:19 PM Jacketed
Section 12. KRS 311.780 is amended to read as follows: 1
(1) No abortion shall be performed or prescribed knowingly after the unborn child may 2
reasonably be expected to have reached viability, except when: 3
(a) Necessary to preserve the life or health of the woman; or 4
(b) There is a fetal anomaly or the fetus is incompatible with sustained life 5
outside the womb. 6
(2) In those instances where an abortion is performed under this section, the person 7
performing the abortion shall take all reasonable steps in keeping with reasonable 8
medical practices to preserve the life and health of the child, including but not 9
limited to KRS 311.760(2), except when the abortion is performed under 10
subsection (1)(b) of this section. 11
Section 13. KRS 311.781 is amended to read as follows: 12
As used in KRS 311.781 to 311.786: 13
(1) "Fertilization" means the fusion of a human spermatozoon with a human ovum; 14
(2) "Gestational age" has the same meaning as in KRS 311.7701; 15
(3) "Good-faith medical judgment" means a medical judgment that would be made 16
by a reasonably prudent physician, knowledgeable about the case and the 17
treatment possibilities with respect to the medical conditions involved; 18
(4) "Lethal fetal anomaly" has the same meaning as in Section 1 of this Act; 19
(5) "Medical emergency" means a condition that in the physician's good-20
faith[reasonable] medical judgment, based upon the facts known to the physician at 21
that time, so complicates the woman's pregnancy as to necessitate the immediate 22
performance or inducement of an abortion in order to prevent the death of the 23
pregnant woman or to avoid a serious risk of the substantial and irreversible 24
impairment of a major bodily function of the pregnant woman that delay in the 25
performance or inducement of the abortion would create; 26
(6)[(4)] "Pain-capable unborn child" means an unborn child of a probable gestational 27 UNOFFICIAL COPY 25 RS BR 959
Page 29 of 48
XXXX 1/4/2025 12:19 PM Jacketed
age of fifteen (15) weeks or more; 1
(7)[(5)] "Physician" has the same meaning as in KRS 311.720; 2
(8)[(6)] "Probable gestational age" has the same meaning as in KRS 311.720; 3
[(7) "Reasonable medical judgment" means a medical judgment that would be made by 4
a reasonably prudent physician, knowledgeable about the case and the treatment 5
possibilities with respect to the medical conditions involved;] 6
(9)[(8)] "Serious risk of the substantial and irreversible impairment of a major bodily 7
function" means any medically diagnosed condition that so complicates the 8
pregnancy of the woman as to directly or indirectly cause the substantial and 9
irreversible impairment of a major bodily function. A medically diagnosed 10
condition that constitutes a "serious risk of the substantial and irreversible 11
impairment of a major bodily function" includes pre-eclampsia, inevitable abortion, 12
and premature rupture of the membranes, but does not include a condition related to 13
the woman's mental health;[ and] 14
(10)[(9)] "Unborn child" means an individual organism of the species homo sapiens 15
from fertilization until live birth; and 16
(11) "Viability" has the same meaning as in Section 1 of this Act. 17
Section 14. KRS 311.782 is amended to read as follows: 18
(1) No person shall intentionally perform or induce or intentionally attempt to perform 19
or induce an abortion on a pregnant woman when the probable gestational age of 20
the unborn child is fifteen (15) weeks or greater, except as provided in Sections 2, 21
9, 10, and 12 of this Act and subsection (2) of this section. 22
(2) There[It] shall be a rebuttable presumption[an affirmative defense] to a charge 23
under subsection (1) of this section that the physician complied with the 24
requirements of this section,[abortion was intentionally performed or induced or 25
intentionally attempted to be performed or induced by a physician] and that the 26
physician determined, in the physician's good-faith[reasonable] medical judgment, 27 UNOFFICIAL COPY 25 RS BR 959
Page 30 of 48
XXXX 1/4/2025 12:19 PM Jacketed
based on the facts known to the physician at that time, that any[either] of the 1
following applied: 2
(a) The probable gestational age of the unborn child was less than fifteen (15) 3
weeks;[ or] 4
(b) The abortion was necessary to prevent the death of the pregnant woman or to 5
avoid a serious risk of the substantial and irreversible impairment of a major 6
bodily function of the pregnant woman. No abortion shall be necessary if it is 7
based on a claim or diagnosis that the pregnant woman will engage in conduct 8
that would result in her death or in substantial and irreversible impairment of 9
a major bodily function or if it is based on any reason related to her mental 10
health; 11
(c) In the good-faith belief of the physician, the pregnancy was the result of 12
rape under KRS 510.040, 510.050, 510.060, or incest under KRS 530.020, 13
and the fetus had not reached viability; or 14
(d) The abortion was necessary because of a lethal fetal anomaly or the fetus 15
was incompatible with sustained life outside the womb. 16
(3) (a) Except when a medical emergency exists that prevents compliance with KRS 17
311.783, the rebuttable presumption[affirmative defense] set forth in 18
subsection (2)(a) of this section shall[does] not apply unless the physician 19
who intentionally performs or induces or intentionally attempts to perform or 20
induce the abortion makes a determination of the probable gestational age of 21
the unborn child as required by KRS 311.783(1) or relied upon such a 22
determination made by another physician and certifies in writing, based on the 23
results of the tests performed, that in the physician's good-faith[reasonable] 24
medical judgment the unborn child's probable gestational age is less than 25
fifteen (15) weeks. 26
(b) Except when a medical emergency exists that prevents compliance with one 27 UNOFFICIAL COPY 25 RS BR 959
Page 31 of 48
XXXX 1/4/2025 12:19 PM Jacketed
(1) or more of the following conditions, the rebuttable 1
presumption[affirmative defense] set forth in subsection (2)(b) 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 complies 4
with all of the following conditions: 5
1. The physician who intentionally performs or induces or intentionally 6
attempts to perform or induce the abortion certifies in writing that, in the 7
physician's good-faith[reasonable] medical judgment, based on the facts 8
known to the physician at that time, the abortion is necessary to prevent 9
the death of the pregnant woman or to avoid a serious risk of the 10
substantial and irreversible impairment of a major bodily function of the 11
pregnant woman; 12
2. A different physician not professionally related to the physician 13
described in subparagraph 1. of this paragraph certifies in writing that, 14
in that different physician's good-faith[reasonable] medical judgment, 15
based on the facts known to that different physician at that time, the 16
abortion is necessary to prevent the death of the pregnant woman or to 17
avoid a serious risk of the substantial and irreversible impairment of a 18
major bodily function of the pregnant woman; 19
3. The physician intentionally performs or induces or intentionally 20
attempts to perform or induce the abortion in a hospital or other health 21
care facility that has appropriate neonatal services for premature infants 22
unless the abortion is performed in accordance with subsection (2)(c) 23
or (d) of this section; 24
4. The physician who intentionally performs or induces or intentionally 25
attempts to perform or induce the abortion terminates or attempts to 26
terminate the pregnancy in the manner that provides the best opportunity 27 UNOFFICIAL COPY 25 RS BR 959
Page 32 of 48
XXXX 1/4/2025 12:19 PM Jacketed
for the unborn child to survive, unless that physician determines, in the 1
physician's good-faith[reasonable] medical judgment, based on the facts 2
known to the physician at that time, that the termination of the 3
pregnancy in that manner poses a greater risk of death of the pregnant 4
woman or a greater risk of the substantial and irreversible impairment of 5
a major bodily function of the pregnant woman than would other 6
available methods of abortion, or the termination of the pregnancy is 7
performed in accordance with subsection (2)(c) or (d) of this section; 8
5. The physician certifies in writing the available method or techniques 9
considered and the reasons for choosing the method or technique 10
employed; and 11
6. The physician who intentionally performs or induces or intentionally 12
attempts to perform or induce the abortion has arranged for the 13
attendance in the same room in which the abortion is to be performed or 14
induced or attempted to be performed or induced at least one (1) other 15
physician who is to take control of, provide immediate medical care for, 16
and take all reasonable steps necessary to preserve the life and health of 17
the unborn child immediately upon the child's complete expulsion or 18
extraction from the pregnant woman. 19
(4) The state Board of Medical Licensure shall revoke a physician's license to practice 20
medicine in this state if the physician violates or fails to comply with this section. 21
(5) Any physician who intentionally performs or induces or intentionally attempts to 22
perform or induce an abortion on a pregnant woman with actual knowledge that 23
none[neither] of the rebuttable presumptions[affirmative defenses] set forth in 24
subsection (2) of this section apply[applies], or with a heedless indifference as to 25
whether any rebuttable presumption[either affirmative defense] applies, is liable in 26
a civil action for compensatory and punitive damages and reasonable attorney's fees 27 UNOFFICIAL COPY 25 RS BR 959
Page 33 of 48
XXXX 1/4/2025 12:19 PM Jacketed
to any person, or the representative of the estate of any person including but not 1
limited to an unborn child, who sustains injury, death, or loss to person or property 2
as the result of the performance or inducement or the attempted performance or 3
inducement of the abortion. In any action under this subsection, the court also may 4
award any injunctive or other equitable relief that the court considers appropriate. 5
(6) A pregnant woman on whom an abortion is intentionally performed or induced or 6
intentionally attempted to be performed or induced in violation of subsection (1) of 7
this section is not guilty of violating subsection (1) of this section or of attempting 8
to commit, conspiring to commit, or complicity in committing a violation of 9
subsection (1) of this section. 10
Section 15. KRS 311.783 is amended to read as follows: 11
(1) Except in a medical emergency that prevents compliance with this section, no 12
physician shall intentionally perform or induce or intentionally attempt to perform 13
or induce an abortion on a pregnant woman unless, prior to the performance or 14
inducement of the abortion or the attempt to perform or induce the abortion, the 15
physician determines, in the physician's good-faith[reasonable] medical judgment, 16
the unborn child's probable gestational age. The physician shall make that 17
determination after making inquiries of the pregnant woman and performing any 18
medical examinations or tests of the pregnant woman the physician considers 19
necessary as a reasonably prudent physician, knowledgeable about the case and 20
medical conditions involved, would consider necessary to determine the unborn 21
child's probable gestational age. 22
(2) Except in a medical emergency that prevents compliance with this section, no 23
physician shall intentionally perform or induce or intentionally attempt to perform 24
or induce an abortion on a pregnant woman after the unborn child reaches the 25
probable gestational age of fifteen (15) weeks without first entering the 26
determination made in subsection (1) of this section and the associated findings of 27 UNOFFICIAL COPY 25 RS BR 959
Page 34 of 48
XXXX 1/4/2025 12:19 PM Jacketed
the medical examination and tests in the medical record of the pregnant woman. 1
(3) The state Board of Medical Licensure shall suspend a physician's license to practice 2
medicine in this state for a period of not less than six (6) months if the physician 3
violates this section. 4
(4) The physician shall submit a report on a form provided by the cabinet that includes 5
at a minimum the information required by KRS 213.101 and: 6
(a) The unborn child's probable gestational age determined by the physician; and 7
(b) The results of inquiries of the pregnant woman and any medical examinations 8
or tests performed. 9
Section 16. KRS 311.787 is amended to read as follows: 10
(1) As used in this section: 11
(a) "Bodily dismemberment, crushing, or human vivisection" means a procedure 12
in which a person, with the purpose of causing the death of an unborn child, 13
dismembers the living unborn child and extracts portions, pieces, or limbs of 14
the unborn child from the uterus through the use of clamps, grasping forceps, 15
tongs, scissors, or a similar instrument that, through the convergence of two 16
(2) rigid levers, slices, crushes, or grasps, or performs any combination of 17
those actions on, any portion, piece, or limb of the unborn child's body to cut 18
or separate the portion, piece, or limb from the body. The term includes a 19
procedure that is used to cause the death of an unborn child and in which 20
suction is subsequently used to extract portions, pieces, or limbs of the unborn 21
child after the unborn child's death; 22
(b) "Lethal fetal anomaly" has the same meaning as in Section 1 of this Act; 23
(c) "Medical emergency" has the same meaning as in KRS 311.720; 24
(d)[(c)] "Probable gestational age" has the same meaning as in KRS 311.720;[ 25
and] 26
(e)[(d)] "Unborn child" has the same meaning as in KRS 311.781; and 27 UNOFFICIAL COPY 25 RS BR 959
Page 35 of 48
XXXX 1/4/2025 12:19 PM Jacketed
(f) "Viability" has the same meaning as in Section 1 of this Act. 1
(2) No person shall intentionally perform or induce or attempt to perform or induce an 2
abortion on a pregnant woman: 3
(a) That will result in the bodily dismemberment, crushing, or human vivisection 4
of the unborn child; and 5
(b) When the probable gestational age of the unborn child is eleven (11) weeks or 6
greater; 7
except in the case of a medical emergency; or when, in the good-faith belief of the 8
physician, a pregnancy is a result of rape under KRS 510.040, 510.050, or 9
510.060, or incest under KRS 530.020, and the fetus has not reached viability; or 10
because of a lethal anomaly or the fetus is incompatible with sustained life 11
outside of the womb as provided in Sections 2, 9, 10, and 12 of this Act. 12
(3) A pregnant woman on whom an abortion is performed or induced or attempted to 13
be performed or induced in violation of subsection (2) of this section is not guilty of 14
violating subsection (2) of this section or of attempting to commit, conspiring to 15
commit, or complicity in committing a violation of subsection (2) of this section. 16
Section 17. KRS 311.800 is amended to read as follows: 17
(1) No publicly owned hospital or other publicly owned health care facility shall 18
perform or permit the performance of abortions, except: 19
(a) To save the life of the pregnant woman or to avoid a serious risk of the 20
substantial and irreversible impairment of a major bodily function of the 21
pregnant woman; 22
(b) To remove a dead fetus, ectopic pregnancy, or incomplete miscarriage; 23
(c) Because of a lethal fetal anomaly or the fetus is incompatible with sustained 24
life outside the womb; or 25
(d) If, in the good-faith belief of the physician, the pregnancy is the result of 26
rape under KRS 510.040, 510.050, or 510.060, or incest under KRS 530.020, 27 UNOFFICIAL COPY 25 RS BR 959
Page 36 of 48
XXXX 1/4/2025 12:19 PM Jacketed
and the fetus has not reached viability. 1
(2) In the event that a publicly owned hospital or publicly owned health facility is 2
performing or about to perform an abortion in violation of subsection (1) of this 3
section, and law enforcement authorities in the county have failed or refused to take 4
action to stop such a practice, any resident of the county in which the hospital or 5
health facility is located, may apply to the Circuit Court of that county for an 6
injunction or other court process to require compliance with subsection (1) of this 7
section. 8
(3) No private hospital or private health care facility shall be required to, or held liable 9
for refusal to, perform or permit the performance of abortion contrary to its stated 10
ethical policy. 11
(4) No physician, nurse staff member, or employee of a public or private hospital or 12
employee of a public or private health care facility, who shall state in writing to 13
such hospital or health care facility his or her objection to performing, participating 14
in, or cooperating in, abortion on moral, religious, or professional grounds, be 15
required to, or held liable for refusal to, perform, participate in, or cooperate in such 16
abortion. 17
(5) It shall be an unlawful discriminatory practice for the following: 18
(a) Any person to impose penalties or take disciplinary action against, or to deny 19
or limit public funds, licenses, certifications, degrees, or other approvals or 20
documents of qualification to, any hospital or other health care facility due to 21
the refusal of such hospital or health care facility to perform or permit to be 22
performed, participate in, or cooperate in, abortion by reason of objection 23
thereto on moral, religious, or professional grounds, or because of any 24
statement or other manifestation of attitude by such hospital or health care 25
facility with respect to abortion;[ or,] 26
(b) Any person to impose penalties or take disciplinary action against, or to deny 27 UNOFFICIAL COPY 25 RS BR 959
Page 37 of 48
XXXX 1/4/2025 12:19 PM Jacketed
or limit public funds, licenses, certifications, degrees, or other approvals or 1
documents of qualification to any physician, nurse, or staff member or 2
employee of any hospital or health care facility, due to the willingness or 3
refusal of such physician, nurse or staff member or employee to perform or 4
participate in abortion by reason of objection thereto on moral, religious, or 5
professional grounds, or because of any statement or other manifestation of 6
attitude by such physician, nurse or staff member or employee with respect to 7
abortion; or[,] 8
(c) Any public or private agency, institution or person, including a medical, 9
nursing, or other school, to deny admission to, impose any burdens in terms of 10
conditions of employment upon, or otherwise discriminate against any 11
applicant for admission thereto or any physician, nurse, staff member, student, 12
or employee thereof, based upon[on account of] the willingness or refusal of 13
such applicant, physician, nurse, staff member, student, or employee to 14
perform or participate in abortion or sterilization by reason of objection 15
thereto on moral, religious or professional grounds, or because of any 16
statement or other manifestation of attitude by such person with respect to 17
abortion or sterilization if that health care facility is not operated exclusively 18
for the purposes of performing abortions or sterilizations. 19
Section 18. KRS 213.101 is amended to read as follows: 20
(1) Each abortion as defined in KRS 213.011 which occurs in the Commonwealth, 21
regardless of the length of gestation, shall be reported to the Vital Statistics Branch 22
by the person in charge of the institution within three (3) days after the end of the 23
month in which the abortion occurred. If the abortion was performed outside an 24
institution, the attending physician shall prepare and file the report within three (3) 25
days after the end of the month in which the abortion occurred. 26
(2) The report shall include all the information the physician is required to certify in 27 UNOFFICIAL COPY 25 RS BR 959
Page 38 of 48
XXXX 1/4/2025 12:19 PM Jacketed
writing or determine under KRS 311.731, 311.732, 311.7704, 311.7705, 311.7706, 1
311.7707, 311.7735, 311.7736, 311.774, 311.782, and 311.783, and at a minimum: 2
(a) The full name and address of the physician who performed the abortion or 3
provided the abortion-inducing drug as defined in KRS 311.7731; 4
(b) The address at which the abortion was performed or the address at which the 5
abortion-inducing drug was provided by a qualified physician, or the method 6
of obtaining the abortion-inducing drug if not provided by a qualified 7
physician, including mail order, internet order, or by a telehealth provider, in 8
which case identifying information for the pharmacy, website[Web site] 9
address, or the telemedicine provider shall be included; 10
(c) The names, serial numbers, National Drug Codes, lot numbers, and expiration 11
dates of the specific abortion-inducing drugs that were provided to the 12
pregnant patient and the dates each were provided; 13
(d) The full name and address of the referring physician, agency, or service, if 14
any; 15
(e) The pregnant patient's city or town, county, state, country of residence, and 16
zip code; 17
(f) The pregnant patient's age, race, and ethnicity; 18
(g) The age or approximate age of the father, if known; 19
(h) The total number and dates of each previous pregnancy, live birth, and 20
abortion of the pregnant patient; 21
(i) The probable gestational and post-fertilization ages of the unborn child, the 22
methods used to confirm the gestational and post-fertilization ages, and the 23
date determined; 24
(j) A list of any pre-existing medical conditions of the pregnant patient that may 25
complicate her pregnancy, if any, including hemorrhage, infection, uterine 26
perforation, cervical laceration, retained products, or any other condition; 27 UNOFFICIAL COPY 25 RS BR 959
Page 39 of 48
XXXX 1/4/2025 12:19 PM Jacketed
(k) Whether the fetus was delivered alive and the length of time the fetus 1
survived; 2
(l) Whether the fetus was viable and, if viable, the medical reason for 3
termination; 4
(m) Whether a pathological examination of the fetus was performed; 5
(n) Whether the pregnant patient returned for a follow-up examination, the date 6
and results of any such follow-up examination, and what reasonable efforts 7
were made by the qualified physician to encourage the patient to reschedule a 8
follow-up examination if the appointment was missed; 9
(o) Whether the woman suffered any complications or adverse events as defined 10
in KRS 311.7731 and what specific complications or adverse events occurred, 11
and any follow-up treatment provided as required by KRS 311.774; 12
(p) Whether the pregnant patient was Rh negative and, if so, was provided with 13
an Rh negative information fact sheet and treated with the prevailing medical 14
standard of care to prevent harmful fetal or child outcomes or Rh 15
incompatibility in future pregnancies; 16
(q) The amount billed to cover the treatment for specific complications or adverse 17
events, including whether the treatment was billed to Medicaid, private 18
insurance, private pay, or other method. This should include ICD-10 codes 19
reported and charges for any physician, hospital, emergency room, 20
prescription or other drugs, laboratory tests, and any other costs for treatment 21
rendered; 22
(r) The reason for the abortion, if known, including abuse, coercion, harassment,[ 23
or] trafficking, rape, or incest; and 24
(s) Whether the pregnant patient was tested for sexually transmitted diseases 25
when providing the informed consent required in KRS 311.725 and 311.7735 26
twenty-four (24) hours before the abortion procedure or tested at the time of 27 UNOFFICIAL COPY 25 RS BR 959
Page 40 of 48
XXXX 1/4/2025 12:19 PM Jacketed
the abortion procedure, and if the pregnant patient tested positive, was treated 1
or referred for treatment and follow-up care. 2
(3) The report shall not contain: 3
(a) The name of the pregnant patient; 4
(b) Common identifiers such as a Social Security number and motor vehicle 5
operator's license number; and 6
(c) Any other information or identifiers that would make it possible to ascertain 7
the patient's identity. 8
(4) If a person other than the physician described in this subsection makes or maintains 9
a record required by KRS 311.732, 311.7704, 311.7705, 311.7706, or 311.7707 on 10
the physician's behalf or at the physician's direction, that person shall comply with 11
the reporting requirement described in this subsection as if the person were the 12
physician. 13
(5) Each prescription issued for an abortion-inducing drug as defined in KRS 311.7731 14
for which the primary indication is the induction of abortion as defined in KRS 15
213.011 shall be reported to the Vital Statistics Branch within three (3) days after 16
the end of the month in which the prescription was issued as required by KRS 17
311.774, but the report shall not include information which will identify the woman 18
involved or anyone who may be picking up the prescription on behalf of the 19
woman. 20
(6) The name of the person completing the report and the reporting institution shall not 21
be subject to disclosure under KRS 61.870 to 61.884. 22
(7) By September 30 of each year, the Vital Statistics Branch shall issue a public report 23
that provides statistics on all data collected, including the type of abortion 24
procedure used, for the previous calendar year compiled from all of the reports 25
covering that calendar year submitted to the cabinet in accordance with this section 26
for each of the items listed in this section. Each annual report shall also provide 27 UNOFFICIAL COPY 25 RS BR 959
Page 41 of 48
XXXX 1/4/2025 12:19 PM Jacketed
statistics for all previous calendar years in which this section was in effect, adjusted 1
to reflect any additional information from late or corrected reports. The Vital 2
Statistics Branch shall ensure that none of the information included in the report 3
could reasonably lead to the identification of any pregnant woman upon whom an 4
abortion was performed or attempted. Each annual report shall be made available 5
on the cabinet's website[Web site]. 6
(8) (a) Any person or institution who fails to submit a report by the end of thirty (30) 7
days following the due date set in this section shall be subject to a late fee of 8
five hundred dollars ($500) for each additional thirty (30) day period or 9
portion of a thirty (30) day period the report is overdue. 10
(b) Any person or institution who fails to submit a report, or who has submitted 11
only an incomplete report, more than one (1) year following the due date set 12
in this section, may in a civil action brought by the Vital Statistics Branch be 13
directed by a court of competent jurisdiction to submit a complete report 14
within a time period stated by court order or be subject to contempt of court. 15
(c) Failure by any physician to comply with the requirements of this section, 16
other than filing a late report, or to submit a complete report in accordance 17
with a court order shall subject the physician to KRS 311.595. 18
(9) Intentional falsification of any report required under this section is a Class A 19
misdemeanor. 20
(10) The Vital Statistics Branch shall promulgate administrative regulations in 21
accordance with KRS Chapter 13A to assist in compliance with this section. 22
(11) (a) The Office of the Inspector General, Cabinet for Health and Family Services, 23
shall annually audit the required reporting of abortion-related information to 24
the Vital Statistics Branch in this section and KRS 213.172, and in so doing, 25
shall function as a health oversight agency of the Commonwealth for this 26
specific purpose. 27 UNOFFICIAL COPY 25 RS BR 959
Page 42 of 48
XXXX 1/4/2025 12:19 PM Jacketed
(b) The Office of the Inspector General shall ensure that none of the information 1
included in the audit report could reasonably lead to the identification of any 2
pregnant woman upon whom an abortion was performed or attempted. 3
(c) If any personally identifiable information is viewed or recorded by the Office 4
of the Inspector General in conducting an audit authorized by this subsection, 5
the information held by the Inspector General shall not be subject to the 6
Kentucky Open Records Act, shall be confidential, and shall only be released 7
upon court order. 8
(d) The Inspector General shall submit a written report to the General Assembly 9
and the Attorney General by October 1 of each year. The reports shall include 10
findings from: 11
1. The audit required in this subsection, including any identified reporting 12
deficiencies; and 13
2. All abortion facility inspections, including any violations of KRS 14
216B.0431 and 216B.0435. 15
Section 19. KRS 216B.400 is amended to read as follows: 16
(1) Where a person has been determined to be in need of emergency care by any person 17
with admitting authority, the person shall not be denied admission by reason only of 18
his or her inability to pay for services to be rendered by the hospital. 19
(2) Every hospital of this state which offers emergency services shall provide that a 20
physician, a sexual assault nurse examiner, who shall be a registered nurse licensed 21
in the Commonwealth and credentialed by the Kentucky Board of Nursing as 22
provided under KRS 314.142, or another qualified medical professional, as defined 23
by administrative regulation promulgated by the Justice and Public Safety Cabinet 24
in consultation with the Sexual Assault Response Team Advisory Committee as 25
defined in KRS 403.707, is available on call twenty-four (24) hours each day for the 26
examinations of persons seeking treatment as victims of sexual offenses as defined 27 UNOFFICIAL COPY 25 RS BR 959
Page 43 of 48
XXXX 1/4/2025 12:19 PM Jacketed
by KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 510.120, 1
510.130, 510.140, 530.020, 530.064(1)(a), and 531.310. 2
(3) An examination provided in accordance with this section of a victim of a sexual 3
offense may be performed in a sexual assault examination facility as defined in 4
KRS 216B.015. An examination under this section shall apply only to an 5
examination of a victim. 6
(4) The physician, sexual assault nurse examiner, or other qualified medical 7
professional, acting under a statewide medical forensic protocol which shall be 8
developed by the Justice and Public Safety Cabinet in consultation with the Sexual 9
Assault Response Team Advisory Committee as defined in KRS 403.707, and 10
promulgated by the secretary of justice and public safety pursuant to KRS Chapter 11
13A shall, upon the request of any peace officer or prosecuting attorney, and with 12
the consent of the victim, or upon the request of the victim, examine the victim for 13
the purposes of providing basic medical care relating to the incident and gathering 14
samples that may be used as physical evidence. This examination shall include but 15
not be limited to: 16
(a) Basic treatment and sample gathering services; and 17
(b) Laboratory tests, as appropriate. 18
(5) Each victim shall be informed of available services for treatment of sexually 19
transmitted infections, pregnancy, and other medical and psychiatric problems. 20
Pregnancy counseling shall not include abortion counseling or referral information, 21
unless it is reasonably believed the sexual assault is rape under KRS 510.040, 22
510.050, or 510.060, or incest under KRS 530.020. 23
(6) Each victim shall be informed of available crisis intervention or other mental health 24
services provided by regional rape crisis centers providing services to victims of 25
sexual assault. 26
(7) Notwithstanding any other provision of law, a minor may consent to examination 27 UNOFFICIAL COPY 25 RS BR 959
Page 44 of 48
XXXX 1/4/2025 12:19 PM Jacketed
under this section. This consent is not subject to disaffirmance because of minority, 1
and consent of the parents or guardians of the minor is not required for the 2
examination. 3
(8) (a) The examinations provided in accordance with this section and other services 4
provided to a victim pursuant to subsection (9) of this section shall be paid for 5
by the Crime Victims Compensation Board at a rate to be determined by the 6
administrative regulation promulgated by the board in accordance with KRS 7
Chapter 13A after consultation with the Sexual Assault Response Team 8
Advisory Committee as defined in KRS 403.707. Payment for services 9
rendered pursuant to subsection (9) of this section shall be made at a rate not 10
to exceed the Medicaid reimbursement rate for the same or similar services. 11
(b) Upon receipt of a completed claim form supplied by the board and an 12
itemized billing for a forensic sexual assault examination or related services 13
that are within the scope of practice of the respective provider and were 14
performed no more than twelve (12) months prior to submission of the form, 15
the board shall reimburse the hospital or sexual assault examination facility, 16
pharmacist, health department, physician, sexual assault nurse examiner, or 17
other qualified medical professional as provided in administrative regulations 18
promulgated by the board in accordance with[pursuant to] KRS Chapter 13A. 19
Reimbursement shall be made to an out-of-state nurse who is credentialed in 20
the other state to provide sexual assault examinations, an out-of-state hospital, 21
or an out-of-state physician if the sexual assault occurred in Kentucky. 22
(c) Independent investigation by the Crime Victims Compensation Board shall 23
not be required for payment of claims under this section; however, the board 24
may require additional documentation or proof that the forensic medical 25
examination was performed. 26
(9) When an examination of a victim of a sexual offense is provided in accordance with 27 UNOFFICIAL COPY 25 RS BR 959
Page 45 of 48
XXXX 1/4/2025 12:19 PM Jacketed
this section, no charge shall be made to the victim by the hospital, the sexual assault 1
examination facility, the physician, the pharmacist, the health department, the 2
sexual assault nurse examiner, other qualified medical professional, the victim's 3
insurance carrier, or the Commonwealth for: 4
(a) Sexual assault examinations, whether or not the exam is completed; 5
(b) Prophylactic medical treatment; 6
(c) Strangulation assessments; or 7
(d) Other medical tests or services, including triage and ambulance expenses, 8
related to the incident, exam, or treatment which occur on the same date as the 9
original exam. 10
(10) (a) Each victim shall have the right to determine whether a report or other 11
notification shall be made to law enforcement, except where reporting of 12
abuse and neglect of a child or a vulnerable adult is required, as set forth in 13
KRS 209.030 and 620.030. No victim shall be denied an examination, 14
abortion counseling, or referral information as may be applicable under 15
subsection (5) of this section, or billed in violation of subsection (9) of this 16
section, because the victim chooses not to file a police report, cooperate with 17
law enforcement, or otherwise participate in the criminal justice system. 18
(b) If the victim chooses to report to law enforcement, the hospital shall notify 19
law enforcement within twenty-four (24) hours. 20
(c) 1. All samples collected during an exam where the victim has chosen not 21
to immediately report to law enforcement shall be stored, released, and 22
destroyed, if appropriate, as provided in[in accordance with] an 23
administrative regulation promulgated in accordance with KRS Chapter 24
13A by the Justice and Public Safety Cabinet in consultation with the 25
Sexual Assault Response Team Advisory Committee as defined in KRS 26
403.707. 27 UNOFFICIAL COPY 25 RS BR 959
Page 46 of 48
XXXX 1/4/2025 12:19 PM Jacketed
2. Facilities collecting samples pursuant to this section may provide the 1
required secure storage, sample destruction, and related activities, or 2
may enter into agreements with other agencies qualified to do so, 3
pursuant to administrative regulation. 4
3. All samples collected pursuant to this section shall be stored for at least 5
one (1) year from the date of collection in accordance with the 6
administrative regulation promulgated pursuant to this subsection. 7
4. Notwithstanding KRS 524.140, samples collected during exams where 8
the victim chose not to report immediately or file a report within one (1) 9
year after collection may be destroyed as set forth in accordance with 10
the administrative regulation promulgated pursuant to this subsection. 11
The victim shall be informed of this process at the time of the 12
examination. No hospital, sexual assault examination facility, or 13
designated storage facility shall be liable for destruction of samples after 14
the required storage period has expired. 15
Section 20. KRS 311.715 is amended to read as follows: 16
(1) As used in this section, "public agency funds" means any money, regardless of the 17
original source of the money, of a public agency. 18
(2) Public agency funds shall not be used for the purpose of obtaining an abortion or 19
paying for the performance of an abortion, except when, in the good-faith belief of 20
the physician, the pregnancy is the result of rape under KRS 510.040, 510.050, or 21
510.060, or incest under KRS 530.020, and the fetus has not reached viability as 22
defined under Section 1 of this Act. Public medical facilities may be used for the 23
purpose of conducting research into or the performance of in-vitro fertilization as 24
long as such procedures do not result in the intentional destruction of a human 25
embryo. 26
(3) Public agency funds shall not be directly or indirectly used, granted, paid, or 27 UNOFFICIAL COPY 25 RS BR 959
Page 47 of 48
XXXX 1/4/2025 12:19 PM Jacketed
distributed to any entity, organization, or individual that performs, induces, refers 1
for, or counsels in favor of abortions. This subsection shall not apply to funding 2
available through KRS 205.510 to 205.560 to the minimum extent necessary to 3
comply with federal conditions for the state's participation in the program 4
established by KRS 205.510 to 205.560 or to funding that is used to provide 5
abstinence education in schools. 6
(4) (a) Public agency funds shall not be directly or indirectly used, granted, paid, or 7
distributed to any nonpublic entity or organization described in paragraph 8
(b)3. of this subsection. This paragraph shall not apply to funding available 9
through KRS 205.510 to 205.560 to the minimum extent necessary to comply 10
with federal conditions for the state's participation in the program established 11
by KRS 205.510 to 205.560 or to funding that is used to provide abstinence 12
education in schools. 13
(b) Notwithstanding any other state law to the contrary, all federal family 14
planning funds shall be awarded to eligible individuals, organizations, or 15
entities applying to be family planning contractors in the following order of 16
descending priority: 17
1. Public agencies that directly provide family planning services, including 18
state, county, and local community health clinics and federally qualified 19
health centers; 20
2. Nonpublic entities that directly provide basic health services, as 21
described in 42 U.S.C. sec. 254b(b)(1)(A), including family planning 22
services; and 23
3. Nonpublic entities that directly provide only family planning services 24
but do not provide all basic health services as described in 42 U.S.C. 25
sec. 254b(b)(1)(A). 26
(c) This subsection shall be effective upon repeal of federal regulations 27 UNOFFICIAL COPY 25 RS BR 959
Page 48 of 48
XXXX 1/4/2025 12:19 PM Jacketed
prohibiting states from prioritizing recipients of federal Public Health Service 1
Act, Title X Family Planning Program funds. 2
(5) Nothing in this section shall be deemed to deprive a woman of all appropriate 3
medical care necessary to prevent her physical death. 4
(6) Nothing in this section shall be construed to allow public funds to pay for in-vitro 5
fertilization procedures performed on any individual patient. 6
Section 21. This Act may be cited as Hadley's Law. 7