SB 9 — AN ACT relating to the protection of born-alive infants and declaring an emergency.
Last action — filed without Governor's signature with the Secretary of State
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 05, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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27 sponsors
27 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (15 R).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
537 added · 734 removed537 line(s) added, 734 removed.
UNOFFICIALCHAPTER COPY1 211 RSCHAPTER 1 ( SB 9/GA9 ) AN ACT relating to the protection of born-alive infants and declaring an emergency.
(4) "Consent" means the voluntary agreement or acquiescence by a person of age and with the requisite mental capacity who is not under duress or coercion and who has knowledge or understanding of the act or action to which he or she has Page 1 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA agreed or acquiesced;
ACTS OF THE GENERAL ASSEMBLY (b) If an attempted abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of this Commonwealth;
(c) Irrespective of the status of court challenges to Kentucky statutes protecting Page 2 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA unborn children from abortion, it is not an infringement on a woman's asserted right to terminate her pregnancy for this Commonwealth to affirm its interest in protecting an infant whose live birth occurred as the result of an attempted abortion;
and (b) Mandate that healthcare providers give medically appropriate and reasonable life-saving and life-sustaininglife- sustaining medical care and treatment to all born-alive infants.
Page 3 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA 1.
(3) Any born-alive infant, including one (1) born in the course of an abortion procedure, shall be treated as a legal person under the laws of this Commonwealth, with the same rights to medically appropriate and reasonable care and treatment.
(5) (a) The requirements of this section shall not be construed to prevent a born-born-alive alive infant's parent or guardian from refusing to give consent to medical Page 4 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA care, medical treatment, or surgical care which is not medically appropriate or reasonable, including care or treatment that:
or CHAPTER 1 3 3.
A conviction of any physician, physician assistant, advanced practice registered nurse, nurse, or pharmacist for failure to Page 5 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA comply with subsection (2) of Section 3 of this Act shall result in the automatic suspension of his or her license for a period of at least one (1) year and the license shall be reinstated after that time only under such conditions as the licensing body shall require to ensure compliance with Section 3 of this Act;
(1) The General Assembly, by joint resolution, may appoint one (1) or more of its Page 6 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA members, who sponsored or cosponsored this Act in his or her official capacity, to intervene as a matter of right in any case in which the constitutionality of this law is challenged.
ACTS OF THE GENERAL ASSEMBLY (2) Practiced, or aided or abetted in the practice of fraud, forgery, deception, collusion, or conspiracy in connection with an examination for a license;
(5) Been convicted of a misdemeanor offense under KRS Chapter 510 involving a patient, or a felony offense under KRS Chapter 510, 530.064(1)(a), or 531.310, or been found by the board to have had sexual contact as defined in KRS 510.010(7) Page 7 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA with a patient while the patient was under the care of the physician;
Page 8 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA (16) Willfully violated a confidential communication;
CHAPTER 1 5 (20) Been removed, suspended, expelled, or disciplined by any professional medical association or society when the action was based upon what the association or Page 9 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA society found to be unprofessional conduct, professional incompetence, malpractice, or a violation of any provision of KRS Chapter 311.
(24) Failed to comply with the requirements of KRS 311.7705 or 311.7706[;311.7706;[ or] (25) Been convicted of female genital mutilation under KRS 508.125, which shall result in mandatory revocation of a license;
or] (25) Been convicted of female genital mutilation under KRS 508.125, which shall result in mandatory revocation of a license;
Page 10 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA (b) Practiced, aided, or abetted in the practice of fraud, forgery, deception, collusion, or conspiracy relating to an examination for licensure;
(l) Aided, assisted, or abetted the unlawful practice of medicine or osteopathy or Page 11 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA any healing art, including the unlawful practice of physician assistants;
ACTS OF THE GENERAL ASSEMBLY (n) Performed the services of a physician assistant in an unprofessional, incompetent, or grossly or chronically negligent manner;
(2) Any college or professor thereof violating the provisions of KRS 311.300 to 311.350 shall be civilly liable on his bond for a sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each violation, Page 12 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA which may be recovered by an action in the name of the Commonwealth.
(10) (a) Any person who intentionally or knowingly performs an abortion contrary to Page 13 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA the requirements of KRS 311.723(1) shall be guilty of a Class D felony;
CHAPTER 1 7 2.
(12) Any person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion is to be performed is an unemancipated minor, and who intentionally or knowingly fails to Page 14 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA conform to any requirement of KRS 311.732 is guilty of a Class A misdemeanor.
(27)[(26)] Any professional medical association or society, licensed physician, or Page 15 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA hospital or hospital medical staff who shall have violated the provisions of KRS 311.606 shall be guilty of a Class B misdemeanor.
ACTS OF THE GENERAL ASSEMBLY (31)[(30)] (a) Any person who fails to test organs, skin, or other human tissue which is to be transplanted, or violates the confidentiality provisions required by KRS 311.281, shall be guilty of a Class A misdemeanor.
(35)[(34)] Any person charging a fee associated with the transplantation of a transplantable organ in excess of the direct and indirect costs of procuring, distributing, or transplanting the transplantable organ shall be fined not less than fifty thousand dollars ($50,000) nor more than five hundred thousand dollars Page 16 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA ($500,000).
(1) The board shall have power to reprimand, deny, limit, revoke, probate, or suspend any license or credential to practice nursing issued by the board or applied for in accordance with this chapter or the privilege to practice as a nurse recognized by the board in accordance with this chapter, or to otherwise discipline a licensee, credential holder, privilege holder, or applicant, or to deny admission to the licensure examination, or to require evidence of evaluation and therapy upon proof Page 17 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA that the person:
CHAPTER 1 9 (g) Has misused or misappropriated any drugs placed in the custody of the nurse for administration, or for use of others;
(i) Has a license, privilege, or credential to practice as a nurse denied, limited, suspended, probated, revoked, or otherwise disciplined in another jurisdiction Page 18 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA on grounds sufficient to cause a license or privilege to be denied, limited, suspended, probated, revoked, or otherwise disciplined in this Commonwealth, including action by another jurisdiction for failure to repay a student loan;
(q) Has violated KRS 304.39-215;[ or] (r) Has engaged in conduct that is subject to the penalties under KRS 304.99-304.99-060(4) 060(4) or (5);
Page 19 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA (4) At all hearings on request of the board the Attorney General of this state or one (1) of the assistant attorneys general designated by the Attorney General shall appear and represent the board.
ACTS OF THE GENERAL ASSEMBLY (b) Mental or physical incapacity that prevents the licensee, permit holder, or certificate holder from engaging or assisting in the practice of pharmacy or the wholesale distribution or manufacturing of drugs with reasonable skill, competence, and safety to the public;
(c) Being convicted of, or entering an "Alford" plea or plea of nolo contendere to, irrespective of an order granting probation or suspending imposition of any Page 20 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA sentence imposed following the conviction or entry of such plea, one (1) or more or the following, if in accordance with KRS Chapter 335B:
(j) Knowing or having reason to know that a pharmacist, pharmacist intern, or pharmacy technician has engaged in or aided and abetted the unlawful distribution of legend medications, and failing to report any relevant Page 21 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA information to the board;[ or] (k) Failure to notify the board within fourteen (14) days of a change in one's home address;
CHAPTER 1 11 (c) Selling, transferring, or otherwise disposing of accessories, chemicals, drugs, or devices found in illegal traffic when the pharmacist, pharmacy intern, or Page 22 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA pharmacy technician knows or should have known of their intended use in illegal activities;
(3) Any licensee, permit holder, or certificate holder entering an "Alford" plea, pleading nolo contendere, or who is found guilty of a violation prescribed in subsection Page 23 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA (1)(c) of this section shall within thirty (30) days notify the board of that plea or conviction.
The board shall promulgate administrative regulations under KRS Chapter 13A to Page 24 of 25 SB000910.100 - 13 - XXXX GA UNOFFICIAL COPY 21 RS SB 9/GA establish violations which are minor violations under this subsection.
ACTS OF THE GENERAL ASSEMBLY Section 14.
PageBecame 25law ofwithout 25Governor's SB000910.100signature -January 1329, -2021. XXXX GA
Action History
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filed without Governor's signature with the Secretary of State
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became law without Governor's Signature (Acts Ch. 1)
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delivered to Governor
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enrolled, signed by Speaker of the House
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enrolled, signed by President of the Senate
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received in Senate
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3rd reading, passed 76-18
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posted for passage in the Regular Orders of the Day for January 9, 2021
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reported favorably, 2nd reading, to Rules
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posted in committee
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to Judiciary (H)
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1st reading
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taken from Committee on Committees (H)
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to Committee on Committees (H)
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received in House
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3rd reading, passed 32-4
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posted for passage in the Regular Orders of the Day for Thursday, January 7, 2021
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reported favorably, 2nd reading, to Rules
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returned to Veterans, Military Affairs, & Public Protection (S)
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1st reading
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taken from Veterans, Military Affairs, & Public Protection (S)
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to Veterans, Military Affairs, & Public Protection (S)
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to Committee on Committees (S)
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introduced in Senate
Sponsors
- W. Westerfield · Primary
- C. Embry Jr. · Primary
- R. Alvarado · Primary
- T. Buford · Primary
- Danny Carroll · Primary
- M. Castlen · Primary
- Rick Girdler · Primary
- David P. Givens · Primary
- Jimmy Higdon · Primary
- P. Hornback · Primary
- Jason Howell · Primary
- A. Kerr · Primary
- Christian McDaniel · Primary
- Stephen Meredith · Primary
- D. Parrett · Primary
- J. Schickel · Primary
- W. Schroder · Primary
- Brandon Smith · Primary
- Robert Stivers · Primary
- Brandon J. Storm · Primary
- D. Thayer · Primary
- J. Turner · Primary
- Stephen West · Primary
- Phillip Wheeler · Primary
- Mike Wilson · Primary
- Max Wise · Primary
- Michael J. Nemes · Primary
Sponsorship breakdown
Export CSV (upgrade) →27 sponsors · 0 co-sponsors · 111 not signed on · 11 voted No
Sponsors (27)
- W. Westerfield
- C. Embry Jr.
- R. Alvarado
- T. Buford
- Danny Carroll Republican
- M. Castlen
- Rick Girdler Republican
- David P. Givens Republican
- Jimmy Higdon Republican
- P. Hornback
- Jason Howell Republican
- A. Kerr
- Christian McDaniel Republican
- Stephen Meredith Republican
- D. Parrett
- J. Schickel
- W. Schroder
- Brandon Smith Republican
- Robert Stivers Republican
- Brandon J. Storm Republican
- D. Thayer
- J. Turner
- Stephen West Republican
- Phillip Wheeler Republican
- Mike Wilson Republican
- Max Wise Republican
- Michael J. Nemes Republican
Co-sponsors (0)
None.
Not signed on (111)
111 members have not signed on to this bill.
Show all 111 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 51 | 1 | 0 | 0 |
| Unaffiliated | 24 | 12 | 0 | 4 |
| Democrat | 1 | 5 | 0 | 2 |
| Total | 76 | 18 | 0 | 6 |
| % of votes cast | 76% | 18% | 0% | 6% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| McCoy | — | Yea |
| Rowland | — | Yea |
| Fischer | — | Yea |
| Bechler | — | Yea |
| Santoro | — | Yea |
| Bentley | — | Yea |
| Meredith | — | Yea |
| Sheldon | — | Yea |
| Smith | — | Yea |
| Koenig | — | Yea |
| Goforth | — | Yea |
| Thomas | — | Yea |
| Timoney | — | Yea |
| Pratt | — | Yea |
| Prunty | — | Yea |
| Dixon | — | Yea |
| Hatton | — | Yea |
| Webber | — | Yea |
| Heath | — | Yea |
| Massey | — | Yea |
| DuPlessis | — | Yea |
| Flood | — | Nay |
| Scott | — | Nay |
| Westrom | — | Nay |
| Graham | — | Nay |
| Palumbo | — | Nay |
| Wheatley | — | Nay |
| Cantrell | — | Nay |
| Jenkins | — | Nay |
| Raymond | — | Nay |
| Donohue | — | Nay |
| Burch | — | Not Voting |
| Meeks | — | Not Voting |
| Minter | — | Not Voting |
| Carney | — | Not Voting |
| Huff R | — | Yea |
| Kirk McCormick | — | Yea |
| Miller C | — | Nay |
| Miller J | — | Yea |
| Stevenson C | — | Nay |
| Al Gentry | Democrat | Not Voting |
| Ashley Tackett Laferty | Democrat | Yea |
| George Brown Jr. | Democrat | Nay |
| Lisa Willner | Democrat | Nay |
| Mary Lou Marzian | Democrat | Not Voting |
| Nima Kulkarni | Democrat | Nay |
| Pamela Stevenson | Democrat | Nay |
| Tina Bojanowski | Democrat | Nay |
| Aaron Reed | Republican | Yea |
| Adam Bowling | Republican | Yea |
| Bill Wesley | Republican | Yea |
| Bobby McCool | Republican | Yea |
| Chris Freeland | Republican | Yea |
| Chris Fugate | Republican | Yea |
| DJ Johnson | Republican | Yea |
| Daniel Elliott | Republican | Yea |
| Daniel Fister | Republican | Yea |
| David Hale | Republican | Yea |
| David Meade | Republican | Yea |
| David W. Osborne | Republican | Yea |
| Deanna Gordon | Republican | Yea |
| Derek Lewis | Republican | Yea |
| Felicia Rabourn | Republican | Yea |
| James Tipton | Republican | Yea |
| Jason Nemes | Republican | Yea |
| Jason Petrie | Republican | Yea |
| Jennifer Decker | Republican | Yea |
| Jim Gooch Jr. | Republican | Yea |
| John Blanton | Republican | Yea |
| Josh Branscum | Republican | Yea |
| Josh Bray | Republican | Yea |
| Josh Calloway | Republican | Yea |
| Ken Fleming | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kim Banta | Republican | Yea |
| Kim King | Republican | Yea |
| Kimberly Poore Moser | Republican | Yea |
| Mark Hart | Republican | Yea |
| Mary Beth Imes | Republican | Yea |
| Matt Lockett | Republican | Yea |
| Matthew Koch | Republican | Yea |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Yea |
| Patrick Flannery | Republican | Yea |
| Randy Bridges | Republican | Yea |
| Richard White | Republican | Yea |
| Ryan Dotson | Republican | Yea |
| Samara Heavrin | Republican | Yea |
| Savannah Maddox | Republican | Yea |
| Scott Lewis | Republican | Yea |
| Scott Sharp | Republican | Yea |
| Shane Baker | Republican | Yea |
| Shawn McPherson | Republican | Yea |
| Steve Bratcher | Republican | Yea |
| Steve Riley | Republican | Yea |
| Steven Rudy | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Nay |
| Thomas Huff | Republican | Yea |
| William Lawrence | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 2 | 0 | 1 |
| Republican | 16 | 0 | 0 | 1 |
| Democrat | 0 | 2 | 0 | 0 |
| Total | 32 | 4 | 0 | 2 |
| % of votes cast | 84% | 11% | 0% | 5% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Alvarado | — | Yea |
| Turner | — | Yea |
| Buford | — | Yea |
| Hornback | — | Yea |
| Schickel | — | Yea |
| Schroder | — | Yea |
| Kerr | — | Yea |
| Smith | — | Yea |
| Westerfield | — | Yea |
| Castlen | — | Yea |
| Southworth | — | Yea |
| Embry | — | Yea |
| Meredith | — | Yea |
| Parrett | — | Yea |
| Thayer | — | Yea |
| Yates | — | Yea |
| McGarvey | — | Nay |
| Thomas | — | Not Voting |
| Harper Angel | — | Nay |
| Gerald A. Neal | Democrat | Nay |
| Karen Berg | Democrat | Nay |
| Brandon J. Storm | Republican | Yea |
| Christian McDaniel | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jason Howell | Republican | Yea |
| Jason Nemes | Republican | Yea |
| Jimmy Higdon | Republican | Yea |
| Julie Raque Adams | Republican | Yea |
| Max Wise | Republican | Yea |
| Mike Wilson | Republican | Yea |
| Phillip Wheeler | Republican | Yea |
| Rick Girdler | Republican | Yea |
| Robby Mills | Republican | Not Voting |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Yea |
| Stephen West | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 9?
- SB 9 is sponsored by W. Westerfield, C. Embry Jr., R. Alvarado, T. Buford, Danny Carroll (Republican), M. Castlen, Rick Girdler (Republican), David P. Givens (Republican), Jimmy Higdon (Republican), P. Hornback, Jason Howell (Republican), A. Kerr, Christian McDaniel (Republican), Stephen Meredith (Republican), D. Parrett, J. Schickel, W. Schroder, Brandon Smith (Republican), Robert Stivers (Republican), Brandon J. Storm (Republican), D. Thayer, J. Turner, Stephen West (Republican), Phillip Wheeler (Republican), Mike Wilson (Republican), Max Wise (Republican), and Michael J. Nemes (Republican).
- What is the current status of SB 9?
- This bill has been enacted into law. Introduced January 05, 2021. Enacted.
- Where can I track SB 9?
- Track SB 9 free on One Click Politics — get push/email alerts when it moves.
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