2009 Kentucky Revised Statutes CHAPTER 311 PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.800 Abortions in publicly owned hospital or health care facility prohibited -- Exception -- Injunction to enforce compliance -- Abortions in private hospital or health care facility -- Unlawful discriminatory practices.
311.800 Abortions in publicly owned hospital or health care facility prohibited --
Exception -- Injunction to enforce compliance -- Abortions in private hospital <br>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 save the life of the <br>pregnant woman.
(2) In the event that a publicly owned hospital or publicly owned health facility is
performing or about to perform an abortion in violation of subsection (1) of this <br>section, and law enforcement authorities in the county have failed or refused to take <br>action to stop such a practice, any resident of the county in which the hospital or <br>health facility is located, may apply to the Circuit Court of that county for an <br>injunction or other court process to require compliance with subsection (1) of this <br>section.
(3) No private hospital or private health care facility shall be required to, or held liable
for refusal to, perform or permit the performance of abortion contrary to its stated <br>ethical policy.
(4) No physician, nurse staff member or employee of a public or private hospital or
employee of a public or private health care facility, who shall state in writing to <br>such hospital or health care facility his objection to performing, participating in, or <br>cooperating in, abortion on moral, religious or professional grounds, be required to, <br>or held liable for refusal to, perform, participate in, or cooperate in such abortion.
(5) It shall be an unlawful discriminatory practice for the following:
(a) Any person to impose penalties or take disciplinary action against, or to deny
or limit public funds, licenses, certifications, degrees, or other approvals or <br>documents of qualification to, any hospital or other health care facility due to <br>the refusal of such hospital or health care facility to perform or permit to be <br>performed, participate in, or cooperate in, abortion by reason of objection <br>thereto on moral, religious or professional grounds, or because of any <br>statement or other manifestation of attitude by such hospital or health care <br>facility with respect to abortion; or,
(b) Any person to impose penalties or take disciplinary action against, or to deny
or limit public funds, licenses, certifications, degrees, or other approvals or <br>documents of qualification to any physician, nurse or staff member or <br>employee of any hospital or health care facility, due to the willingness or <br>refusal of such physician, nurse or staff member or employee to perform or <br>participate in abortion by reason of objection thereto on moral, religious or <br>professional grounds, or because of any statement or other manifestation of <br>attitude by such physician, nurse or staff member or employee with respect to <br>abortion; or,
(c) Any public or private agency, institution or person, including a medical,
nursing or other school, to deny admission to, impose any burdens in terms of <br>conditions of employment upon, or otherwise discriminate against any <br>applicant for admission thereto or any physician, nurse, staff member, student
or employee thereof, on account of the willingness or refusal of such <br>applicant, physician, nurse, staff member, student or employee to perform or <br>participate in abortion or sterilization by reason of objection thereto on moral, <br>religious or professional grounds, or because of any statement or other <br>manifestation of attitude by such person with respect to abortion or <br>sterilization if that health care facility is not operated exclusively for the <br>purposes of performing abortions or sterilizations.
Effective: July 15, 1980 <br>History: Amended 1980 Ky. Acts ch. 225, sec. 1, effective July 15, 1980. -- Created
1974 Ky. Acts ch. 255, sec. 11.
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