Title XXVI, Occupations and Professions

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…

abortion. Any child which is live born after an induced termination of pregnancy shall be fully recognized as a human person under the law and a birth certificate shall be issued certifying the birth of the live-born person even though the person may die thereafter. In the event …

Exception -- Injunction to enforce compliance -- Abortions in private hospital or health care facility -- Unlawful discriminatory practices. (1) No publicly owned hospital or other publicly owned health care facility shall perform or permit the performance of abortions, except to…

No woman may be denied governmental assistance or be otherwise discriminated against or otherwise subjected to coercion in any way for accepting or refusing to accept or submit to an abortion, which she may do or not do for any reason without explanation.

(1) As used in this section, an abortion referral or counseling agency is any person, group, or organization, whether funded publicly or privately, that provides advice or help to persons in obtaining abortions. (2) No abortion referral or counseling agency shall charge or accept…

As used in KRS 311.821 to 311.827: (1) "Abortion" has the same meaning as in KRS 311.720. However, as used in KRS 311.821 to 311.827, an abortion shall not include the use of any means to terminate the pregnancy of a woman if done with an intent to: (a) Save the life or preserve …

(1) The General Assembly of the Commonwealth of Kentucky hereby finds that: (a) The Commonwealth of Kentucky has a paramount interest in protecting all human life; (b) If an attempted abortion results in the live birth of an infant, the infant is a legal person for all purposes u…

of physician performing abortion -- Born-alive infant to be treated as legal person -- Born-alive infant to become ward of the state if parent seeks to terminate parental rights -- Construction of section's requirements -- Limitation of parent's criminal and civil liability. (1) …

In addition to whatever remedies are available under the laws of this Commonwealth, failure to comply with the requirements of KRS 311.823 shall: (1) Provide a basis for a civil action for compensatory and punitive damages. Any conviction under KRS 311.823 shall be admissible in …

Nothing in KRS 311.821 to 311.827 shall be construed: (1) To affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being born alive; (2) To affect existing federal or state law regarding aborti…

unenforceable to be given maximum effect permitted by law -- Severability. Any provision of KRS 311.821 to 311.827 held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by la…

challenge -- No waiver or diminishment of rights of legislative branch personnel. (1) The General Assembly, by joint resolution, may appoint one (1) or more of its members, who sponsored or cosponsored 2021 Regular Session SB 9, 2021 Ky. Acts ch.1, in his or her official capacity…

If any section of this chapter or any part of any section shall be invalid or unconstitutional, the declaration of such invalidity shall not affect the validity of the remaining portions thereof.

As used in KRS 311.840 to 311.862: (1) "Board" means the Kentucky Board of Medical Licensure; (2) "Complaint" means a formal administrative pleading that sets forth charges against a physician assistant and commences a formal disciplinary proceeding; (3) "Physician assistant" mea…

Membership -- Physician assistant students. (1) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A relating to the licensing and regulation of physician assistants, including but not limited to: (a) Temporary licensing; (b) Professional stand…

other state -- Renewal of license -- Continuing education. (1) To be licensed by the board as a physician assistant, an applicant shall: (a) Submit a completed application form with the required fee; (b) Be of good character and reputation; (c) Be a graduate of an approved progra…

(1) Whenever, in the opinion of the executive director, based upon verified information contained in the application, an applicant for a license to practice as a physician assistant is eligible therefor under subsections (1) and (2) of KRS 311.844, the executive director may issu…

(1) The examination of the National Commission on Certification of Physician Assistants for licensure as a physician assistant shall be approved by the board. (2) Educational and training programs approved by the board shall include physician assistant programs that are accredite…

Emergency permit. (1) As used in this section, "medical emergency" means a real and substantial threat to public health or the health of an individual as determined by the executive director of the board that requires additional professional resources. (2) In a medical emergency,…

(1) The board may revoke, suspend, deny, decline to renew, limit, or restrict the license of a physician assistant, or may fine, reprimand or place a physician assistant on probation for no more than five (5) years upon proof that a physician assistant has: (a) Knowingly made or …

(1) When a hearing or inquiry panel, as described in KRS 311.591, has probable cause to believe a physician assistant is suffering from a physical or mental condition that might impede his or her ability to practice competently, the panel, upon consideration of recommendations of…

restricting license. (1) At any time when an inquiry panel established under KRS 311.591 has probable cause to believe that a physician assistant has violated the terms of an agreed order as defined in KRS 311.550(19), or violated the terms of a disciplinary order, or that a phys…

agreement -- Alternative filing method -- Alternate supervising physicians -- Number of assistants -- Restrictions on practice and supervision -- Administrative regulations. (1) A physician shall not supervise a physician assistant without approval of the board. Failure to obtain…

A supervising physician shall: (1) Restrict the services of a physician assistant to services within the physician assistant's scope of practice and to the provisions of KRS 311.840 to 311.862; (2) Prohibit a physician assistant from dispensing controlled substances; (3) Prohibit…

Restrictions -- Duties. (1) A podiatrist shall not supervise a physician assistant without approval of the board and the State Board of Podiatry. Failure to obtain approval as a supervising podiatrist or failure to comply with the requirements of KRS 311.840 to 311.862 or related…

Restrictions. (1) A physician assistant may perform medical services and procedures within the scope of medical services and procedures described in the supervision agreement under KRS 311.854. (2) A physician assistant may initiate evaluation and treatment in emergency situation…

(1) A physician assistant who was practicing as an anesthesiology assistant in Kentucky prior to July 15, 2002, may continue to practice if the physician assistant: (a) Met the practice, education, training, and licensure requirements specified in KRS 311.844 and 311.846; (b) Is …

As used in KRS 311.864 to 311.890 unless the context requires otherwise: (1) "Advisory Committee for Surgical Assistants" means the advisory committee created in KRS 311.868; (2) "Board" means the Kentucky Board of Medical Licensure; (3) "Delegating physician" means a physician w…

(1) A person is not required to hold a certificate under KRS 311.864 to 311.890 if the person is: (a) A student enrolled in a surgical assistant education program approved by the board who is assisting in a surgical operation that is an integral part of the program of study; (b) …