2013 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.725 Requirement of voluntary and informed written consent for abortion -- Cabinet's duty to produce and make available informational materials -- Abortions in medical emergencies.
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311.725 Requirement of voluntary and informed written consent for abortion
-- Cabinet's duty to produce and make available informational materials -Abortions in medical emergencies.
(1)
No abortion shall be performed or induced except with the voluntary and
informed written consent of the woman upon whom the abortion is to be
performed or induced. Except in the case of a medical emergency, consent to
an abortion is voluntary and informed if and only if:
(a) At least twenty-four (24) hours prior to the abortion, a physician, licensed
nurse, physician assistant, or social worker to whom the responsibility has
been delegated by the physician has verbally informed the woman of all
of the following:
1.
The nature and purpose of the particular abortion procedure or
treatment to be performed and of those medical risks and
alternatives to the procedure or treatment that a reasonable patient
would consider material to the decision of whether or not to undergo
the abortion;
2.
The probable gestational age of the embryo or fetus at the time the
abortion is to be performed; and
3.
The medical risks associated with the pregnant woman carrying her
pregnancy to term;
(b) At least twenty-four (24) hours prior to the abortion, in an individual,
private setting, a physician, licensed nurse, physician assistant, or social
worker to whom the responsibility has been delegated by the physician
has informed the pregnant woman that:
1.
The cabinet publishes the printed materials described in paragraphs
(a) and (b) of subsection (2) of this section and that she has a right
to review the printed materials and that copies will be provided to
her by the physician, licensed nurse, physician assistant, or social
worker free of charge if she chooses to review the printed materials;
2.
Medical assistance benefits may be available for prenatal care,
childbirth, and neonatal care, and that more detailed information on
the availability of such assistance is contained in the printed
materials published by the cabinet; and
3.
The father of the fetus is liable to assist in the support of her child,
even in instances where he has offered to pay for the abortion;
(c) At least twenty-four (24) hours prior to the abortion, a copy of the printed
materials has been provided to the pregnant woman if she chooses to
view these materials;
(d) The pregnant woman certifies in writing, prior to the performance or
inducement of the abortion:
1.
That she has received the information required to be provided under
paragraphs (a), (b), and (c) of this subsection; and
2.
That she consents to the particular abortion voluntarily and
knowingly, and she is not under the influence of any drug of abuse
or alcohol; and
(e)
(2)
(3)
(4)
Prior to the performance or inducement of the abortion, the physician who
is scheduled to perform or induce the abortion or the physician's agent
receives a copy of the pregnant woman's signed statement, on a form
which may be provided by the physician, on which she consents to the
abortion and that includes the certification required by paragraph (d) of
this subsection.
By January 1, 1999, the cabinet shall cause to be published in English in a
typeface not less than 12 point type the following materials:
(a) Materials that inform the pregnant woman about public and private
agencies and services that are available to assist her through her
pregnancy, upon childbirth, and while her child is dependent, including,
but not limited to, adoption agencies. The materials shall include a
comprehensive list of the available agencies and a description of the
services offered by the agencies and the telephone numbers and
addresses of the agencies, and inform the pregnant woman about
available medical assistance benefits for prenatal care, childbirth, and
neonatal care and about the support obligations of the father of a child
who is born alive. The cabinet shall ensure that the materials are
comprehensive and do not directly or indirectly promote, exclude, or
discourage the use of any agency or service described in this section; and
(b) Materials that inform the pregnant woman of the probable anatomical and
physiological characteristics of the zygote, blastocyte, embryo, or fetus at
two (2) week gestational increments for the first sixteen (16) weeks of her
pregnancy and at four (4) week gestational increments from the
seventeenth week of her pregnancy to full term, including any relevant
information regarding the time at which the fetus possibly would be viable.
The materials shall use language that is understandable by the average
person who is not medically trained, shall be objective and
nonjudgmental, and shall include only accurate scientific information
about the zygote, blastocyte, embryo, or fetus at the various gestational
increments. The materials shall include, for each of the two (2) of four (4)
week increments specified in this paragraph, a pictorial or photographic
depiction of the zygote, blastocyte, embryo, or fetus. The materials shall
also include, in a conspicuous manner, a scale or other explanation that is
understandable by the average person and that can be used to determine
the actual size of the zygote, blastocyte, embryo, or fetus at a particular
gestational increment as contrasted with the depicted size of the zygote,
blastocyte, embryo, or fetus at that gestational increment.
Upon submission of a request to the cabinet by any person, hospital,
physician, or medical facility for one (1) or more copies of the materials
published in accordance with subsection (2) of this section, the cabinet shall
make the requested number of copies of the materials available to the person,
hospital, physician, or medical facility that requested the copies.
If a medical emergency or medical necessity compels the performance or
inducement of an abortion, the physician who will perform or induce the
abortion, prior to its performance or inducement if possible, shall inform the
pregnant woman of the medical indications supporting the physician's judgment
(5)
(6)
(7)
that an immediate abortion is necessary. Any physician who performs or
induces an abortion without the prior satisfaction of the conditions specified in
subsection (1) of this section because of a medical emergency or medical
necessity shall enter the reasons for the conclusion that a medical emergency
exists in the medical record of the pregnant woman.
If the conditions specified in subsection (1) of this section are satisfied, consent
to an abortion shall be presumed to be valid and effective.
The failure of a physician to satisfy the conditions of subsection (1) of this
section prior to performing or inducing an abortion upon a pregnant woman
may be the basis of disciplinary action pursuant to KRS 311.595.
The cabinet shall charge a fee for each copy of the materials distributed in
accordance with subsections (1) and (3) of this section. The fee shall be
sufficient to cover the cost of the administration of the materials published in
accordance with subsection (2) of this section, including the cost of preparation
and distribution of materials.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 614, sec. 2, effective July 15, 1998.
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