2015 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.
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(2)
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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) 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this statute, was repealed by 1990 Ky.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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