Title XXVI, Occupations and Professions

As used in KRS 311.710 to 311.820, and laws of the Commonwealth unless the context otherwise requires: (1) (a) "Abortion" means the performance of any act with the intent to terminate the clinically diagnosable pregnancy of a woman known to be pregnant with knowledge that the ter…

unborn child -- Guidelines. (1) No action that requires separating a pregnant woman from her unborn child shall be performed, except the following when performed by a physician based upon his or her reasonable medical judgment: (a) A medical procedure performed with the intent to…

If a section of the Kentucky Revised Statutes uses the phrase "individual, private setting" to describe the conditions under which informed consent must be given to a medical procedure, then the informed consent offered in accordance with that section shall be considered valid on…

Cabinet's duty to produce and make available informational materials -- Abortions in medical emergencies. (1) No abortion shall be performed or induced except with the voluntary and informed written consent of the woman upon whom the abortion is to be performed or induced. Except…

ascultation of fetal heartbeat prior to abortion -- Exception for medical emergency or necessity. (1) As used in this section: (a) "Ascultate" means to examine by listening for sounds made by internal organs of the fetus, specifically for a fetal heartbeat, utilizing an ultrasoun…

abortion -- Use of telehealth prohibited. A physician performing or inducing an abortion shall be present in person and in the same room with the patient. The use of telehealth as defined in 304.17A-005 shall not be allowed in the performance of an abortion.

abortion -- Certification to Vital Statistics Branch -- Revocation of license -- Action for damages -- Severability. (1) As used in this section: (a) "Abortion facility" has the same meaning as in KRS 216B.015; (b) "Any other disability" means any disease, defect, or disorder, wh…

Consent requirement -- Petition in District or Circuit Court -- Hearing -- Report -- Medical emergencies. (1) For purposes of this section the following definitions shall apply: (a) "Minor" means any person under the age of eighteen (18); (b) "Emancipated minor" means any minor w…

If any provision, word, phrase, or clause of KRS 311.732 or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or application of KRS 311.732 which can be given effect without the i…

(1) Prior to performing an abortion, the physician who is to perform the abortion or his agent shall notify, if reasonably possible, the spouse of the woman upon whom the abortion is to be performed. If it is not reasonably possible to notify the spouse prior to the abortion, the…

Subject to the provisions of KRS 311.760(1), no person other than a licensed physician shall perform an abortion.

An abortion may be performed in this state only under the following circumstances: (1) During the first trimester of pregnancy by a woman upon herself upon the advice of a licensed physician or by a licensed physician. (2) After the first trimester of pregnancy, except in cases o…

No physician shall perform a partial-birth abortion.

After the first trimester no person shall perform the form of abortion known as the saline method of abortion.

As used in KRS 311.7701 to 311.7711: (1) "Conception" means fertilization; (2) "Contraceptive" means a drug, device, or chemical that prevents conception; (3) "Fertilization" has the same meaning as in KRS 311.781; (4) "Fetal heartbeat" means cardiac activity or the steady and re…

The General Assembly finds and declares, according to contemporary medical research, all of the following: (1) As many as thirty percent (30%) of natural pregnancies end in spontaneous miscarriage; (2) Less than five percent (5%) of all natural pregnancies end in spontaneous misc…

KRS 311.7704, 311.7705, and 311.7706 apply only to intrauterine pregnancies. Effective:March 15, 2019

or hear heartbeat -- Administrative regulations -- Persons not in violation. (1) (a) A person who intends to perform or induce an abortion on a pregnant woman shall determine whether there is a detectable fetal heartbeat of the unborn human individual the pregnant woman is carryi…

determining whether fetal heartbeat exists -- Exceptions -- Written notation -- Persons not in violation. (1) Except as provided in subsection (2) of this section, no person shall intentionally perform or induce an abortion on a pregnant woman before determining in accordance wit…

heartbeat detected -- Exceptions -- Written declaration -- Persons not in violation. (1) Except as provided in subsection (2) of this section, no person shall intentionally perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting the termi…

records. (1) The provisions of this section are independent of the requirements of KRS 311.7704, 311.7705, and 311.7706. (2) A person who performs or induces an abortion on a pregnant woman shall: (a) If the reason for the abortion purported is to preserve the health of the pregn…

purposes. Nothing in KRS 311.7701 to 311.7711 prohibits the sale, use, prescription, or administration of a drug, device, or chemical that is designed for contraceptive purposes. Effective:March 15, 2019

fees -- Defense. (1) A woman on whom an abortion was performed or induced in violation of KRS 311.7705(1) or 311.7706(1) may file a civil action for the wrongful death of her unborn child. (2) A woman who prevails in an action filed under subsection (1) of this section shall rece…

requirements. The Cabinet for Health and Family Services shall inspect the medical records from any facility that performs abortions to ensure that the physicians or other persons who perform abortions at that facility are in compliance with the reporting requirements under KRS 2…

concerning constitutionality or injunction -- Severability. (1) It is the intent of the General Assembly that a court judgment or order suspending enforcement of any provision of KRS 311.7701 to 311.7711 is not to be regarded as tantamount to repeal of that provision. (2) (a) Aft…

of an unborn human being -- When section takes effect -- Penalties not to apply to pregnant woman -- Contraception -- Appropriation of Medicaid funds. (1) As used in this section: (a) "Fertilization" means that point in time when a male human sperm penetrates the zona pellucida o…

As used in KRS 311.7731 to 311.7739, unless the context otherwise requires: (1) "Abortion" has the same meaning as in KRS 311.720; (2) "Abortion-inducing drug" means a medicine, drug, or any other substance or combination of substances prescribed or dispensed with the intent of t…

-- Distribution prohibited. (1) Abortion-inducing drugs shall only be provided to a pregnant person by a qualified physician who is registered with the Cabinet for Health and Family Services as a nonsurgical abortion provider by following the procedures established in KRS 311.773…

Examination and follow-up visit. (1) A qualified physician providing an abortion-inducing drug as defined in KRS 311.7731 shall: (a) Be credentialed and competent to handle complication management, including emergency transfer; or (b) Have a signed contract with an associated phy…

Form. (1) An abortion-inducing drug as defined in KRS 311.7731 shall not be provided to a pregnant patient without the informed consent of the patient. Informed consent shall be obtained at least twenty-four (24) hours before the abortion-inducing drug is provided to a pregnant p…

(1) Each abortion-inducing drug as defined in KRS 311.7731 provided to a pregnant patient by a qualified physician shall be reported to the cabinet as required by KRS 311.774. (2) If a qualified physician provides an abortion-inducing drug as defined in KRS 311.7731 to a pregnant…

provided in school facility or on state grounds. (1) Nothing in KRS 311.7731 to 311.7739 shall be construed as creating or recognizing a right to abortion. (2) It is not the intention of KRS 311.7731 to 311.7739 to make lawful an abortion that is otherwise unlawful. (3) KRS 311.7…

(1) In addition to the remedies available under the laws in this state, failure to comply with KRS 311.7731 to 311.7739 shall: (a) Provide a basis for a civil malpractice action for actual and punitive damages; (b) Provide a basis for a professional disciplinary action under KRS …

potential reversal of effect of drugs to be included with prescription -- Complications and adverse events to be reported to Vital Statistics Branch. (1) Each prescription issued for an abortion-inducing drug as defined in KRS 311.7731 for which the primary indication is the indu…

following abortion. (1) A hospital, healthcare facility, or individual physician shall file a written report with the cabinet regarding each patient who comes under the hospital's, healthcare facility's, or physicians care and reports any complication or adverse event as defined …

Extradition. (1) The Attorney General may bring an action to enforce compliance with the Humanity in Healthcare Act of 2022 or intervene as a matter of right in any case in which the constitutionality of any section of the Act is challenged. (2) (a) Any person who intentionally, …

No abortion shall be performed or prescribed knowingly after the unborn child may reasonably be expected to have reached viability, except when necessary to preserve the life or health of the woman. In those instances where an abortion is performed under this section, the person …

As used in KRS 311.781 to 311.786: (1) "Fertilization" means the fusion of a human spermatozoon with a human ovum; (2) "Gestational age" has the same meaning as in KRS 311.7701; (3) "Medical emergency" means a condition that in the physician's reasonable medical judgment, based u…

The General Assembly finds and declares, according to contemporary medical research, all of the following: (1) Medical and other authorities now know more about human prenatal development than ever before, including: (a) Between five (5) and six (6) weeks' gestation, an unborn ch…

gestational age of unborn child is 15 weeks or more -- Affirmative defenses -- Penalties for violation. (1) No person shall intentionally perform or induce or intentionally attempt to perform or induce an abortion on a pregnant woman when the probable gestational age of the unbor…

prior to abortion -- Penalty for violation -- Report. (1) Except in a medical emergency that prevents compliance with this section, no physician shall intentionally perform or induce or intentionally attempt to perform or induce an abortion on a pregnant woman unless, prior to th…

(1) As used in this section: (a) "Conduct" means the: 1. Filing of a civil action; 2. Assertion of a claim, defense, or other position in connection with a civil action; 3. Filing of a pleading, motion, or other document in a civil action, including but not limited to a motion fi…

The Attorney General shall have authority to bring an action in law or equity to enforce any provisions of KRS 311.781 to 311.786 on behalf of the Commonwealth of Kentucky. The state Board of Medical Licensure shall also have authority to bring an action on its own behalf. Effect…

(1) The Kentucky pain-capable unborn child protection litigation fund is created as a trust fund. The trust fund shall consist of appropriations, donations, gifts, or grants made to the fund and shall be used by the state to pay for any costs or expenses incurred by the state in …

and 413.140. KRS 213.101, 311.595, 311.781 to 311.786, 311.990, and 413.140 shall not be construed to repeal, by implication or otherwise, any law regulating or restricting abortion. An abortion that complies with KRS 213.101, 311.595, 311.781 to 311.786, 311.990, and 413.140 but…

gestational age of the unborn child is 11 weeks or greater, except in the case of a medical emergency -- Penalty not to apply to pregnant woman. (1) As used in this section: (a) "Bodily dismemberment, crushing, or human vivisection" means a procedure in which a person, with the p…