2019 Kentucky Revised Statutes Chapter 311 - Physicians, osteopaths, podiatrists, and related medical practitioners 311.7706 Prohibition against performing or inducing abortion if fetal heartbeat detected -- Exceptions -- Written declaration -- Persons not in violation.
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311.7706
Prohibition against performing or inducing abortion if fetal
heartbeat detected -- Exceptions -- Written declaration -- Persons not in
violation.
(1)
(2)
(3)
(4)
(5)
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 termination of the life of the unborn
human individual the pregnant woman is carrying and whose fetal heartbeat
has been detected in accordance with KRS 311.7704(1).
(a) Subsection (1) of this section shall not apply to a physician who performs
a medical procedure that, in the physician's reasonable medical
judgment, is designed or intended to prevent the death of the pregnant
woman or to prevent a serious risk of the substantial and irreversible
impairment of a major bodily function of the pregnant woman.
(b) A physician who performs a medical procedure as described in paragraph
(a) of this subsection shall, in writing:
1.
Declare that the medical procedure is necessary, to the best of the
physician's reasonable medical judgment, to prevent the death of
the pregnant woman or to prevent a serious risk of the substantial
and irreversible impairment of a major bodily function of the
pregnant woman; and
2.
Specify the pregnant woman's medical condition that the medical
procedure is asserted to address and the medical rationale for the
physician's conclusion that the medical procedure is necessary to
prevent the death of the pregnant woman or to prevent a serious risk
of the substantial and irreversible impairment of a major bodily
function of the pregnant woman.
(c) The physician shall place the written document required by paragraph (b)
of this subsection in the pregnant woman's medical records. The
physician shall maintain a copy of the document in the physician's own
records for at least seven (7) years from the date the document is
created.
A person is not in violation of subsection (1) of this section if the person acts in
accordance with KRS 311.7704(1) and the method used to determine the
presence of a fetal heartbeat does not reveal a fetal heartbeat.
A pregnant woman on whom an abortion is intentionally performed or induced
in violation of subsection (1) of this section is not guilty of violating subsection
(1) of this section or of attempting to commit, conspiring to commit, or
complicity in committing a violation of subsection (1) of this section. In addition,
the pregnant woman is not subject to a civil penalty based on the abortion
being performed or induced in violation of subsection (1) of this section.
Subsection (1) of this section shall not repeal or limit any other provision of the
Kentucky Revised Statutes that restricts or regulates the performance or
inducement of an abortion by a particular method or during a particular stage of
a pregnancy.
Effective:March 15, 2019
History: Created 2019 Ky. Acts ch. 20, sec. 6, effective March 15, 2019.
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