2013 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.723 When physician may perform abortion -- Guidelines.
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311.723 When physician may perform abortion -- Guidelines.
(1)
(2)
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
(b) He receives what he reasonably believes to be a written statement signed
by another physician, hereinafter called the "referring physician,"
certifying that in the referring physician's best clinical judgment the
abortion is necessary, and, in addition, he receives a copy of the report
form required by KRS 213.055.
No abortion shall be performed except in compliance with regulations which
the cabinet shall issue to assure that:
(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 or with the referring physician in a place, at a time and of a
duration reasonably sufficient to enable the physician to determine
whether, based upon his best clinical judgment, the abortion is necessary;
(b)
(3)
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 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, there exists a medical emergency. In such a case, the
physician shall describe the basis of his medical judgment that an
emergency exists on a form prescribed by the cabinet as required by KRS
213.055.
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 control methods or devices, including, but not limited to, intrauterine
devices, oral contraceptives, or any other birth control method or device.
Effective:July 15, 1982
History: Created 1982 Ky. Acts ch. 342, sec. 3, effective July 15, 1982.
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within this statute, was repealed by 1990 Ky.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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