2009 Kentucky Revised Statutes CHAPTER 311 PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.723 When physician may perform abortion -- Guidelines.
311.723 When physician may perform abortion -- Guidelines.
(1) No abortion shall be performed except by a physician after either:
(a) He determines that, in his best clinical judgment, the abortion is necessary; or <br>(b) He receives what he reasonably believes to be a written statement signed by
another physician, hereinafter called the "referring physician," certifying that <br>in the referring physician's best clinical judgment the abortion is necessary, <br>and, in addition, he receives a copy of the report form required by KRS <br>213.055.
(2) No abortion shall be performed except in compliance with regulations which the
cabinet shall issue to assure that: <br>(a) Before the abortion is performed, the pregnant woman shall have a private
medical consultation either with the physician who is to perform the abortion <br>or with the referring physician in a place, at a time and of a duration <br>reasonably sufficient to enable the physician to determine whether, based <br>upon his best clinical judgment, the abortion is necessary;
(b) The physician who is to perform the abortion or the referring physician will
describe the basis for his best clinical judgment that the abortion is necessary <br>on a form prescribed by the cabinet as required by KRS 213.055; and
(c) Paragraph (a) of this subsection shall not apply when, in the medical judgment
of the attending physician based on the particular facts of the case before him, <br>there exists a medical emergency. In such a case, the physician shall describe <br>the basis of his medical judgment that an emergency exists on a form <br>prescribed by the cabinet as required by KRS 213.055.
(3) Notwithstanding any statute to the contrary, nothing in this chapter shall be
construed as prohibiting a physician from prescribing or a woman from using birth <br>control methods or devices, including, but not limited to, intrauterine devices, oral <br>contraceptives, or any other birth control method or device.
Effective: July 15, 1982 <br>History: Created 1982 Ky. Acts ch. 342, sec. 3, effective July 15, 1982. <br>Legislative Research Commission Note (6/19/97). KRS 213.055, which is cited within
this statute, was repealed by 1990 Ky. Acts ch. 369, sec. 38, effective July 13, 1990.
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