Kentucky 2022 Regular Session Status: Enacted 44 R cosponsors

HB 3 — AN ACT relating to public health and declaring an emergency.

Last action — delivered to Secretary of State (Acts Ch. 210)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2022. Enacted.

Prognosis

Likely to advance 66% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 59 sponsors

    59 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (44 R).

  • Mixed recorded votes

    6 passed, 2 failed in 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.

Summary

Amend KRS 311.732, relating to performance of an abortion upon a minor, to require the informed written consent of a parent or legal guardian to include a copy of that parent's or legal guardian's government-issued identification and parent's or legal guardian's documentation; require government-issued identification for the minor; require notification to other parent with joint or physical custody with exceptions; require the physician to keep a copy of the informed written consent for at least 7 years; require the physician to execute an affidavit; require additional criteria and standards for when a court determines whether to allow a minor to self-consent to an abortion; require the court hearing to remain confidential and be held in a private, informal setting within the courthouse; require, in the case of a medical emergency, for the physician to notify the parent or legal guardian within 24 hours of the abortion; require report to the cabinet; amend KRS 311.595 to allow the Kentucky Board of Medical Licensure to suspend or revoke the license of any physician for violations; amend KRS 311.990 to establish criminal penalties for violations; establish penalties for a person who violates Section 5 to 11 of this Act; amend KRS 213.101 to expand the statistical reporting system for abortions; require the Vital Statistics Branch report to include verification of compliance with the certification requirement of KRS 311.727; add required reporting items; require the Inspector General, Cabinet for Health and Family Services, to audit reporting; prohibit the audit from including personally identifying information of any pregnant woman upon whom an abortion was performed or attempted; specify that any personally identifying information viewed or recorded by the Inspector General in conducting the audit is not subject to the Open Records Act; require an annual report to be submitted including findings from the audit and abortion facility inspections to the General Assembly and the Attorney General; require an annual in-person report to be presented to the Interim Joint Committee on Health, Welfare, and Family Services; create new sections of KRS 311.710 to 311.820 to define terms; prohibit abortion-inducing drugs from being provided outside of required procedures or by courier, delivery, or mail service; establish requirements for qualified physician providing abortion-inducing drugs; require informed consent by patient for being provided abortion-inducing drugs; list requirements for informed consent form; require each abortion-inducing drug provided to be reported to the Cabinet for Health and Family Services on a report form; list requirements for report form; require report to the cabinet of treatment for adverse event or complication related to a drug-induced abortion; list requirements for report; prohibit provisions from being construed as creating or recognizing a right to abortion, making lawful an abortion that is otherwise unlawful, or overriding any existing laws; prohibit the provision of abortion-inducing drugs in any school facility or on state grounds; provide additional remedies to comply with Sections 5 to 11 of this Act; create new sections of KRS Chapter 213 to require the cabinet to publish information about the potential ability to reverse the effects of abortion-inducing drugs; require the cabinet to create and distribute the consent forms and reporting forms for abortion-inducing drugs; require the cabinet to keep reported data confidential; require the cabinet to communicate reporting requirements to required reporters; create new sections of KRS Chapter 315 to require the Board of Pharmacy to create a certification program for the distribution of abortion-inducing drugs; require physicians, manufacturers, and distributors to be certified; establish requirements for certification; require the board to enforce certification requirements; require the board to develop a complaint portal for violations and review complaints; amend KRS 213.081 to include fetal remains and to prohibit simultaneous cremations of fetal remains; amend KRS 213.096 to include abortions on the combination birth-death certificate; create a new section of KRS 311.710 to 311.820 to define "fetal remains," require within 24 hours before a surgical or chemical abortion the health care facility or abortion clinic to inform the parents both orally and in writing of their rights to determine the final disposition of the fetal remains; if a chemically induced abortion, inform the mother she may expect to expel a fetus after leaving the facility and she may return the remains to the facility for final disposition; require the parents to inform the facility of their choice for the disposition of the fetal remains; amend KRS 367.97501 to exclude fetal remains from the definition of “pathological waste”; amend KRS 311.715 to provide that public agency funds shall not be paid to any entity, organization, or individual that performs, induces, refers for, or counsels in favor of abortions; establish exceptions; create new sections of KRS 311.710 to 311.820 to require reporting to the cabinet information about complications, medical treatment, or death related to an abortion; permit the General Assembly to appoint members who sponsored or cosponsored this Act to intervene in any case to which the constitutionality is challenged; require provisions of this Act to be severable; amend KRS 311.774 to reporting requirements for adverse events or complications; amend KRS 311.783 to add reporting requirement; amend KRS 315.990 to add penalty for violation of pharmacy certification program; establish short title; EMERGENCY.

Bill Text

What changed in the latest version

1569 added · 2144 removed

Plain-language change summary

The latest version of Bill HB 3 includes added details about the FDA's approval and regulations concerning the abortion-inducing drug mifepristone, also known as mifeprex. It highlights critical updates to the administration protocol and emphasizes the importance of healthcare provider supervision in the use of this medication. These changes matter because they aim to ensure patient safety and address potential risks associated with the drug while responding to recent modifications in regulations that could affect access to abortion care.

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UNOFFICIAL COPY 22 RS HB 3/VO AN ACT relating to public health and declaring an emergency.
CHAPTER 210 1 CHAPTER 210 ( HB 3 ) AN ACT relating to public health and declaring an emergency.
and WHEREAS, on December 16, 2021, the FDA announced that it will no longer require an in-person medical examination, it will permit abortion-inducing drugs to be mailed to the patient, and it will permit pharmacies to fill prescriptions if they are Page 1 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO certified by the manufacturers to do so;
and WHEREAS, on December 16, 2021, the FDA announced that it will no longer require an in-person medical examination, it will permit abortion-inducing drugs to be mailed to the patient, and it will permit pharmacies to fill prescriptions if they are certified by the manufacturers to do so;
and WHEREAS, the Adverse Event Reports (AER) systems relied upon by the FDA Page 2 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO have limitations and typically detect only a small proportion of events that actually occur;
and WHEREAS, the Adverse Event Reports (AER) systems relied upon by the FDA have limitations and typically detect only a small proportion of events that actually occur;
and WHEREAS, as of March 31, 2020, 27 women have reportedly died after administration of mifeprex/mifepristone, with 6 deaths attributed to severe bacterial infections.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY WHEREAS, as of March 31, 2020, 27 women have reportedly died after administration of mifeprex/mifepristone, with 6 deaths attributed to severe bacterial infections.
and Page 3 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO WHEREAS, in recent years, physicians have developed a method to potentially reverse the effects of mifeprex/mifepristone.
and WHEREAS, in recent years, physicians have developed a method to potentially reverse the effects of mifeprex/mifepristone.
and Page 4 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO WHEREAS, studies show that following the progesterone reversal process or otherwise treating a woman with progesterone during pregnancy does not lead to increased mortality rates;
and WHEREAS, studies show that following the progesterone reversal process or otherwise treating a woman with progesterone during pregnancy does not lead to increased mortality rates;
and WHEREAS, abortion and complication reporting provisions do not impose an "undue burden" on a woman’s right to choose whether or not to terminate a pregnancy.
and CHAPTER 210 3 WHEREAS, abortion and complication reporting provisions do not impose an "undue burden" on a woman’s right to choose whether or not to terminate a pregnancy.
Ensure that a physician examines a woman prior to dispensing an abortion- Page 5 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO inducing drug in order to confirm the gestational age of the unborn child, the intrauterine location of the unborn child, and that the unborn child is alive, since routine administration of mifeprex/mifepristone following spontaneous miscarriage is unnecessary and exposes the woman to unnecessary risks associated with both mifeprex/mifepristone and misoprostol;
Ensure that a physician examines a woman prior to dispensing an abortion-inducing drug in order to confirm the gestational age of the unborn child, the intrauterine location of the unborn child, and that the unborn child is alive, since routine administration of mifeprex/mifepristone following spontaneous miscarriage is unnecessary and exposes the woman to unnecessary risks associated with both mifeprex/mifepristone and misoprostol;
833, 882 (1992);
833, (1992);
and WHEREAS, local health departments test for chlamydia, gonorrhea, and syphilis, and provide treatment for individuals diagnosed with, exposed to, or suspected of having Page 6 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO these diseases;
and WHEREAS, local health departments test for chlamydia, gonorrhea, and syphilis, and provide treatment for individuals diagnosed with, exposed to, or suspected of having these diseases;
and WHEREAS, chlamydia and gonorrhea, left untreated, increase the risk of chronic pelvic pain and life-threatening ectopic pregnancy and untreated syphilis in pregnant women results in infant death up to 40 percent of the time;
and WHEREAS, chlamydia and gonorrhea, left untreated, increase the risk of chronic pelvic pain and life- threatening ectopic pregnancy and untreated syphilis in pregnant women results in infant death up to 40 percent of the time;
NOW, THEREFORE, Be it enacted by the General Assembly of the Commonwealth of Kentucky:
NOW, THEREFORE, Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Be it enacted by the General Assembly of the Commonwealth of Kentucky:
and (c) "Abortion" means the use of any instrument, medicine, drug, or any other Page 7 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
and (c) "Abortion" means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
The parent's or legal guardian's certification that he or she Page 8 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO consents to the abortion.
The parent's or legal guardian's certification that he or she consents to the abortion.
or (c) The minor elects to petition any Circuit or District Court of the Commonwealth pursuant to subsection (3) of this section and obtain an order pursuant to subsection (4) of this section granting consent to the abortion and the attending physician[ or his agent] has received the informed written Page 9 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO consent of the minor.
or (c) The minor elects to petition any Circuit or District Court of the Commonwealth pursuant to subsection (3) of this section and obtain an order pursuant to subsection (4) of this section granting consent to the abortion and the attending physician[ or his agent] has received the informed written consent of the minor.
(3) Every minor shall have the right to petition any Circuit or District Court of the Commonwealth for an order granting the right to self-consent to an abortion pursuant to the following procedures:
CHAPTER 210 5 (3) Every minor shall have the right to petition any Circuit or District Court of the Commonwealth for an order granting the right to self-consent to an abortion pursuant to the following procedures:
(d) All proceedings under this section shall be anonymous and shall be given preference over other matters to ensure[insure] that the court may reach a decision promptly, but in no case shall the court fail to rule within seventy- two (72) hours of the time of application, provided that the seventy-two (72) hour limitation may be extended at the request of the minor;
(d) All proceedings under this section shall be anonymous and shall be given preference over other matters to ensure[insure] that the court may reach a decision promptly, but in no case shall the court fail to rule within seventy-two (72) hours of the time of application, provided that the seventy-two (72) hour limitation may be extended at the request of the minor;
Page 10 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO g.
g.
or Page 11 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (c) Deny the petition, if the court finds that the minor is immature and that performance of the abortion would not be in the minor's best interest].
or (c) Deny the petition, if the court finds that the minor is immature and that performance of the abortion would not be in the minor's best interest].
(c) As used in this subsection, "best interest of the minor" shall not include financial best interest, financial considerations, or the potential financial impact on the minor or the minor's family if the minor does not have an abortion.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) As used in this subsection, "best interest of the minor" shall not include financial best interest, financial considerations, or the potential financial impact on the minor or the minor's family if the minor does not have an abortion.
Page 12 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (b) If a medical emergency exists, the physician shall make reasonable attempts, whenever possible, and without endangering the minor, to contact the parent or legal guardian of the minor, and may proceed, but must document reasons for the medical necessity in the minor's medical records.
(b) If a medical emergency exists, the physician shall make reasonable attempts, whenever possible, and without endangering the minor, to contact the parent or legal guardian of the minor, and may proceed, but must document reasons for the medical necessity in the minor's medical records.
(c) The physician shall inform the parent or legal guardian, in person or by telephone, within twenty-four (24) hours of the abortion, including details of the medical emergency that necessitated the abortion without the parent's or legal guardian's consent.
(c) The physician shall inform the parent or legal guardian, in person or by telephone, within twenty- four (24) hours of the abortion, including details of the medical emergency that necessitated the abortion without the parent's or legal guardian's consent.
If the power has not been transferred by statute to some other board, commission, or Page 13 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO agency of this state, the board may deny an application or reregistration for a license;
If the power has not been transferred by statute to some other board, commission, or agency of this state, the board may deny an application or reregistration for a license;
(3) Committed, procured, or aided in the procurement of an unlawful abortion, including a partial-birth abortion or an abortion in violation of KRS 311.731;
CHAPTER 210 7 (3) Committed, procured, or aided in the procurement of an unlawful abortion, including a partial-birth abortion or an abortion in violation of KRS 311.731;
(9) Engaged in dishonorable, unethical, or unprofessional conduct of a character likely Page 14 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO to deceive, defraud, or harm the public or any member thereof;
(9) Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public or any member thereof;
(19) Given or received, directly or indirectly, from any person, firm, or corporation, any Page 15 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO fee, commission, rebate, or other form of compensation for sending, referring, or otherwise inducing a person to communicate with a person licensed under KRS 311.530 to 311.620 in his professional capacity or for any professional services not actually and personally rendered;
(19) Given or received, directly or indirectly, from any person, firm, or corporation, any fee, commission, rebate, or other form of compensation for sending, referring, or otherwise inducing a person to communicate with a person licensed under KRS 311.530 to 311.620 in his professional capacity or for any professional services not actually and personally rendered;
(20) Been removed, suspended, expelled, or disciplined by any professional medical association or society when the action was based upon what the association or society found to be unprofessional conduct, professional incompetence, malpractice, or a violation of any provision of KRS Chapter 311.
(20) Been removed, suspended, expelled, or disciplined by any professional medical association or society when the action was based upon what the association or society found to be unprofessional conduct, professional Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY incompetence, malpractice, or a violation of any provision of KRS Chapter 311.
This subsection shall not require relitigation of Page 16 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO the disciplinary action;
This subsection shall not require relitigation of the disciplinary action;
Each case of practicing podiatry in violation of the provisions of KRS 311.380 to Page 17 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO 311.510 shall be considered a separate offense.
Each case of practicing podiatry in violation of the provisions of KRS 311.380 to 311.510 shall be considered a separate offense.
2.
CHAPTER 210 9 2.
A physician may seek a hearing before the State Board of Medical Licensure on whether the physician's conduct was necessary to save the Page 18 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO life of the mother whose life was endangered by a physical disorder, illness, or injury.
A physician may seek a hearing before the State Board of Medical Licensure on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, illness, or injury.
(13)[(14)] Any person who performs an abortion upon a married woman either with Page 19 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO knowledge or in reckless disregard of whether KRS 311.735 applies to her and who intentionally, knowingly, or recklessly fails to conform to the requirements of KRS 311.735 shall be guilty of a Class D felony.
(13)[(14)] Any person who performs an abortion upon a married woman either with knowledge or in reckless disregard of whether KRS 311.735 applies to her and who intentionally, knowingly, or recklessly fails to conform to the requirements of KRS 311.735 shall be guilty of a Class D felony.
(26)[(27)] Any professional medical association or society, licensed physician, or hospital or hospital medical staff who shall have violated the provisions of KRS Page 20 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO 311.606 shall be guilty of a Class B misdemeanor.
(26)[(27)] Any professional medical association or society, licensed physician, or hospital or hospital medical staff who shall have violated the provisions of KRS 311.606 shall be guilty of a Class B misdemeanor.
(29)[(30)] Any person who violates the provisions of KRS 311.820 shall be guilty of a Class A misdemeanor.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (29)[(30)] Any person who violates the provisions of KRS 311.820 shall be guilty of a Class A misdemeanor.
Page 21 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (35)[(36)] Any hospital performing transplantable organ transplants which knowingly fails to report the possible sale, purchase, or brokering of a transplantable organ shall be fined not less than ten thousand dollars ($10,000) or more than fifty thousand dollars ($50,000).
(35)[(36)] Any hospital performing transplantable organ transplants which knowingly fails to report the possible sale, purchase, or brokering of a transplantable organ shall be fined not less than ten thousand dollars ($10,000) or more than fifty thousand dollars ($50,000).
(1) [(a)] Each abortion as defined in KRS 213.011 which occurs in the Commonwealth, regardless of the length of gestation, shall be reported to the Vital Statistics Branch by the person in charge of the institution within three Page 22 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (3)[fifteen (15)] days after the end of the month in which the abortion occurred.
(1) [(a) ]Each abortion as defined in KRS 213.011 which occurs in the Commonwealth, regardless of the length of gestation, shall be reported to the Vital Statistics Branch by the person in charge of the institution within three (3)[fifteen (15)] days after the end of the month in which the abortion occurred.
(a) The full name and address of the physician who performed the abortion or provided the abortion-inducing drug as defined in Section 5 of this Act;
(a) The full name and address of the physician who performed the abortion or provided the abortion- inducing drug as defined in Section 5 of this Act;
(c) The names, serial numbers, National Drug Codes, lot numbers, and expiration dates of the specific abortion-inducing drugs that were provided to the pregnant patient and the dates each were provided;
CHAPTER 210 11 (c) The names, serial numbers, National Drug Codes, lot numbers, and expiration dates of the specific abortion-inducing drugs that were provided to the pregnant patient and the dates each were provided;
Page 23 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (i) The probable gestational and post-fertilization ages of the unborn child, the methods used to confirm the gestational and post-fertilization ages, and the date determined;
(i) The probable gestational and post-fertilization ages of the unborn child, the methods used to confirm the gestational and post-fertilization ages, and the date determined;
This should include ICD-10 Page 24 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO codes reported and charges for any physician, hospital, emergency room, prescription or other drugs, laboratory tests, and any other costs for treatment rendered;
This should include ICD-10 codes reported and charges for any physician, hospital, emergency room, prescription or other drugs, laboratory tests, and any other costs for treatment rendered;
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(5)[(2)] Each prescription issued for an abortion-inducing drug as defined in Section 5 of this Act[RU-486, cytotec, pitocin, mifeprex, misoprostol, or any other drug or combination of drugs] for which the primary indication is the induction of abortion as defined in KRS 213.011 shall be reported to the Vital Statistics Branch within Page 25 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO three (3)[fifteen (15)] days after the end of the month in which the prescription was issued as required by KRS 311.774, but the report shall not include information which will identify the woman involved or anyone who may be picking up the prescription on behalf of the woman.
(5)[(2)] Each prescription issued for an abortion-inducing drug as defined in Section 5 of this Act[RU-486, cytotec, pitocin, mifeprex, misoprostol, or any other drug or combination of drugs] for which the primary Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY indication is the induction of abortion as defined in KRS 213.011 shall be reported to the Vital Statistics Branch within three (3)[fifteen (15)] days after the end of the month in which the prescription was issued as required by KRS 311.774, but the report shall not include information which will identify the woman involved or anyone who may be picking up the prescription on behalf of the woman.
(b) Any person or institution who fails to submit a report, or who has submitted only an incomplete report, more than one (1) year following the due date set in [subsections (1) and (2) of ]this section, may in a civil action brought by the Vital Statistics Branch be directed by a court of competent jurisdiction to submit a complete report within a time period stated by court order or be Page 26 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO subject to contempt of court.
(b) Any person or institution who fails to submit a report, or who has submitted only an incomplete report, more than one (1) year following the due date set in [subsections (1) and (2) of ]this section, may in a civil action brought by the Vital Statistics Branch be directed by a court of competent jurisdiction to submit a complete report within a time period stated by court order or be subject to contempt of court.
and Page 27 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO 2.
and 2.
This includes the off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as mifepristone (mifeprex), misoprostol (cytotec), and methotrexate, or any generic or therapeutic equivalents thereof.
CHAPTER 210 13 This includes the off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as mifepristone (mifeprex), misoprostol (cytotec), and methotrexate, or any generic or therapeutic equivalents thereof.
(6) "Complication" or "abortion complication" means only the following physical Page 28 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO or psychological conditions which, in the reasonable medical judgment of a licensed healthcare professional, arise as a primary or secondary result of an induced abortion:
(6) "Complication" or "abortion complication" means only the following physical or psychological conditions which, in the reasonable medical judgment of a licensed healthcare professional, arise as a primary or secondary result of an induced abortion:
uterine perforation, cervical laceration, infection, vaginal bleeding that qualifies as a Grade 2 or higher adverse event according to the Common Terminology Criteria for Adverse Events, pulmonary embolism, deep vein thrombosis, failure to actually terminate the pregnancy, incomplete abortion (retained tissue), pelvic inflammatory disease, missed ectopic pregnancy, cardiac arrest, respiratory arrest, renal failure, shock, amniotic fluid embolism, coma, death, free fluid in the abdomen, allergic reactions to anesthesia and abortion- inducing drugs, psychological complications as diagnosed that are listed in the current Diagnostic and Statistical Manual of Mental Disorders, and any other "adverse event" as defined by the FDA criteria provided in the MedWatch Reporting System;
uterine perforation, cervical laceration, infection, vaginal bleeding that qualifies as a Grade 2 or higher adverse event according to the Common Terminology Criteria for Adverse Events, pulmonary embolism, deep vein thrombosis, failure to actually terminate the pregnancy, incomplete abortion (retained tissue), pelvic inflammatory disease, missed ectopic pregnancy, cardiac arrest, respiratory arrest, renal failure, shock, amniotic fluid embolism, coma, death, free fluid in the abdomen, allergic reactions to anesthesia and abortion-inducing drugs, psychological complications as diagnosed that are listed in the current Diagnostic and Statistical Manual of Mental Disorders, and any other "adverse event" as defined by the FDA criteria provided in the MedWatch Reporting System;
Page 29 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (12) "Pregnancy" or "pregnant" has the same meaning as intrauterine pregnancy as defined in KRS 311.7701;
(12) "Pregnancy" or "pregnant" has the same meaning as intrauterine pregnancy as defined in KRS 311.7701;
(f) Provide surgical intervention or has entered into a contract with another qualified physician to provide surgical intervention;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (f) Provide surgical intervention or has entered into a contract with another qualified physician to provide surgical intervention;
Page 30 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (2) It shall be unlawful for any manufacturer, distributor, physician, qualified physician, pharmacy, or any other person to intentionally, knowingly, or recklessly dispense, prescribe, or distribute any abortion-inducing drug as defined in Section 5 of this Act to a pregnant person via courier, delivery, or mail service.
(2) It shall be unlawful for any manufacturer, distributor, physician, qualified physician, pharmacy, or any other person to intentionally, knowingly, or recklessly dispense, prescribe, or distribute any abortion- inducing drug as defined in Section 5 of this Act to a pregnant person via courier, delivery, or mail service.
and (d) Document, in the patient's medical chart, the gestational age and intrauterine location of the pregnancy, and whether the patient received Page 31 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO treatment for Rh negativity, as diagnosed, by the most accurate standard of medical care.
and (d) Document, in the patient's medical chart, the gestational age and intrauterine location of the pregnancy, and whether the patient received treatment for Rh negativity, as diagnosed, by the most accurate standard of medical care.
(2) A qualified physician shall use a form created by the Cabinet for Health and Family Services to obtain the consent required prior to providing an abortion- inducing drug as defined in Section 5 of this Act and submit the completed form Page 32 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO to the cabinet.
CHAPTER 210 15 (2) A qualified physician shall use a form created by the Cabinet for Health and Family Services to obtain the consent required prior to providing an abortion-inducing drug as defined in Section 5 of this Act and submit the completed form to the cabinet.
(i) That initial studies suggest that there is no increased risk of maternal Page 33 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO mortality after reversing the effects of the abortion-inducing drug mifeprex/mifepristone;
(i) That initial studies suggest that there is no increased risk of maternal mortality after reversing the effects of the abortion-inducing drug mifeprex/mifepristone;
(j) That information on and assistance with reversing the effects of abortion- inducing drugs are available in the state-prepared materials and on the cabinet's Web site;
(j) That information on and assistance with reversing the effects of abortion-inducing drugs are available in the state-prepared materials and on the cabinet's Web site;
That the pregnant patient has been given the opportunity to ask questions about the pregnancy, the development of the unborn child, alternatives to abortion, the abortion-inducing drug or drugs to be used, and the risks and complications possible when abortion- inducing drugs are provided;
That the pregnant patient has been given the opportunity to ask questions about the pregnancy, the development of the unborn child, alternatives to abortion, the abortion- inducing drug or drugs to be used, and the risks and complications possible when abortion- inducing drugs are provided;
Page 34 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO 6.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 6.
Page 35 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (1) Each abortion-inducing drug as defined in Section 5 of this Act provided to a pregnant patient by a qualified physician shall be reported to the cabinet as required by Section 26 of this Act.
(1) Each abortion-inducing drug as defined in Section 5 of this Act provided to a pregnant patient by a qualified physician shall be reported to the cabinet as required by Section 26 of this Act.
(2) It is not the intention of Sections 5 to 11 of this Act to make lawful an abortion Page 36 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO that is otherwise unlawful.
(2) It is not the intention of Sections 5 to 11 of this Act to make lawful an abortion that is otherwise unlawful.
(3) Sections 5 to 11 of this Act or any state or federal laws to the contrary, abortion- inducing drugs as defined in Section 5 of this Act shall not be provided in any school facility or on state grounds, including but not limited to elementary and secondary schools and institutions of higher education in Kentucky.
(3) Sections 5 to 11 of this Act or any state or federal laws to the contrary, abortion-inducing drugs as defined in Section 5 of this Act shall not be provided in any school facility or on state grounds, including but not limited to elementary and secondary schools and institutions of higher education in Kentucky.
(b) Provide a basis for a professional disciplinary action under KRS 411.167;
CHAPTER 210 17 (b) Provide a basis for a professional disciplinary action under KRS 411.167;
A NEW SECTION OF KRS CHAPTER 213 IS CREATED TO Page 37 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO READ AS FOLLOWS:
A NEW SECTION OF KRS CHAPTER 213 IS CREATED TO READ AS FOLLOWS:
"Information on the potential ability of qualified medical professionals to reverse the effects of an abortion obtained through the use of abortion-inducing drugs as defined in Section 5 of this Act is available, and shall also include information for assistance in locating a medical professional who can aid in the reversal of a drug-induced abortion.".
"Information on the potential ability of qualified medical professionals to reverse the effects of an abortion obtained through the use of abortion-inducing drugs as defined in Section 5 of this Act is available, and shall also include information for assistance in locating a medical professional who can aid in the reversal of a drug-induced abortion." (2) On an annual basis, the cabinet shall review and update, if necessary, the statement required in subsection (1) of this section and shall also include information for assistance in locating a medical professional who can aid in the reversal of a drug-induced abortion.
(2) On an annual basis, the cabinet shall review and update, if necessary, the statement required in subsection (1) of this section and shall also include information for assistance in locating a medical professional who can aid in the reversal of a drug-induced abortion.
(4) Absent a valid court order or judicial subpoena, the cabinet, and any other state department, agency, or office or any employees thereof, shall not compare data Page 38 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO concerning drug-induced abortion or drug-induced abortion complications or adverse events as defined in Section 5 of this Act maintained in an electronic or other information system file with data in any other electronic or other information system, the comparison of which could result in identifying, in any manner or under any circumstances, a pregnant patient who is obtaining or seeking to obtain a drug-induced abortion.
(4) Absent a valid court order or judicial subpoena, the cabinet, and any other state department, agency, or office or any employees thereof, shall not compare data concerning drug-induced abortion or drug-induced abortion complications or adverse events as defined in Section 5 of this Act maintained in an electronic or other information system file with data in any other electronic or other information system, the comparison of which could result in identifying, in any manner or under any circumstances, a pregnant patient who is obtaining or seeking to obtain a drug-induced abortion.
(4) "Associated physician";
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) "Associated physician";
and Page 39 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (9) "Qualified physician." SECTION 15.
and (9) "Qualified physician." SECTION 15.
(1) The cabinet shall promulgate administrative regulations to create a certification program to oversee and regulate the distribution and dispensing of abortion- inducing drugs.
(1) The cabinet shall promulgate administrative regulations to create a certification program to oversee and regulate the distribution and dispensing of abortion-inducing drugs.
(2) The certification requirements shall include recognition that abortion-inducing drugs may only be provided to patients by qualified physicians who are registered as nonsurgical abortion providers and that abortion-inducing drugs shall not intentionally, knowingly, or recklessly be provided directly to a patient outside of the parameters of Kentucky's Abortion-Inducing Drug Certification Program.
(2) The certification requirements shall include recognition that abortion-inducing drugs may only be provided to patients by qualified physicians who are registered as nonsurgical abortion providers and that abortion- inducing drugs shall not intentionally, knowingly, or recklessly be provided directly to a patient outside of the parameters of Kentucky's Abortion-Inducing Drug Certification Program.
(d) Audit newly certified pharmacies, manufacturers, and distributors within ninety (90) calendar days after certification and annually thereafter, to Page 40 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO ensure that all processes and procedures are in place and functioning to support the requirements of the Abortion-Inducing Drug Certification Program;
(d) Audit newly certified pharmacies, manufacturers, and distributors within ninety (90) calendar days after certification and annually thereafter, to ensure that all processes and procedures are in place and functioning to support the requirements of the Abortion-Inducing Drug Certification Program;
and (g) Prohibit pharmacies from intentionally, knowingly, or recklessly dispensing or distributing abortion-inducing drugs directly to a patient in the Commonwealth;
(g) Prohibit pharmacies from intentionally, knowingly, or recklessly dispensing or distributing abortion- inducing drugs directly to a patient in the Commonwealth;
(h) Require manufacturers and distributors of abortion-inducing drugs to intentionally and knowingly distribute only to certified pharmacies and in- person dispensing clinics, medical offices, and hospitals that are in compliance with the United States Federal Drug Administration's outlined Mifepristone Risk Evaluation and Mitigation Strategy in effect on the effective date of this Act.
and (h) Require manufacturers and distributors of abortion-inducing drugs to intentionally and knowingly distribute only to certified pharmacies and in-person dispensing clinics, medical offices, and hospitals that are in compliance with the United States Federal Drug Administration's outlined Mifepristone Risk Evaluation and Mitigation Strategy in effect on the effective date of this Act.
(e) Follow all other applicable state or federal laws related to the dispensation, Page 41 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO distribution, or delivery of legend drugs, including abortion-inducing drugs;
(e) Follow all other applicable state or federal laws related to the dispensation, distribution, or delivery of legend drugs, including abortion-inducing drugs;
and (f) Follow all acceptable processes and procedures to maintain a dispensation, distribution, or delivery system that is secure, confidential, and follows all processes and procedures, including those for storage, handling, shipping, tracking packages, serial numbers, National Drug Codes, lot numbers, expiration dates, proof of delivery, and controlled returns of abortion- inducing drugs.
and CHAPTER 210 19 (f) Follow all acceptable processes and procedures to maintain a dispensation, distribution, or delivery system that is secure, confidential, and follows all processes and procedures, including those for storage, handling, shipping, tracking packages, serial numbers, National Drug Codes, lot numbers, expiration dates, proof of delivery, and controlled returns of abortion-inducing drugs.
(a) Be certified by the United States Food and Drug Administration (FDA) to dispense abortion-inducing drugs;
(a) Be certified by the United States Food and Drug Administration (FDA) to dispense abortion- inducing drugs;
(d) Inform the patient of gestational age-specific risks of using abortion- inducing drugs;
(d) Inform the patient of gestational age-specific risks of using abortion-inducing drugs;
Page 42 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (f) Inform the patient that studies show babies born following the abortion reversal process have a rate of birth defects no higher than the general population;
(f) Inform the patient that studies show babies born following the abortion reversal process have a rate of birth defects no higher than the general population;
(i) Provide or refer for emergency surgical intervention in cases of incomplete abortion, severe bleeding, or other abortion complications or adverse events, Page 43 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO through maintaining hospital admitting privileges or entering into a written agreement with an associated physician;
(i) Provide or refer for emergency surgical intervention in cases of incomplete abortion, severe bleeding, or other abortion complications or adverse events, through maintaining hospital admitting privileges or entering into a written agreement with an associated physician;
(j) Ensure patient access to medical facilities equipped to provide blood transfusions and resuscitation or other necessary treatments, if necessary;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (j) Ensure patient access to medical facilities equipped to provide blood transfusions and resuscitation or other necessary treatments, if necessary;
(m) Submit a written protocol of how efforts will be made to schedule a follow- up appointment with the patient within fourteen (14) days to ensure a completed abortion;
(m) Submit a written protocol of how efforts will be made to schedule a follow-up appointment with the patient within fourteen (14) days to ensure a completed abortion;
or Page 44 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (b) Enter into a written associated physician agreement as required in Section 7 of this Act, with a physician in the county or contiguous county where abortion-inducing drugs will be provided.
or (b) Enter into a written associated physician agreement as required in Section 7 of this Act, with a physician in the county or contiguous county where abortion-inducing drugs will be provided.
Page 45 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (b) If a certified pharmacy, manufacturer, or distributor is determined to be in noncompliance, suspend any certification until compliance is proven to the satisfaction of the cabinet;
(b) If a certified pharmacy, manufacturer, or distributor is determined to be in noncompliance, suspend any certification until compliance is proven to the satisfaction of the cabinet;
(c) If a current or previously certified pharmacy, manufacturer, or distributor is found to have intentionally, knowingly, or recklessly violated certification requirements, or refuses to bring operations into compliance within ninety (90) calendar days, remove certification and prohibit continued provision of abortion-inducing drugs by the pharmacy, manufacturer, or distributor until compliance is demonstrated to the satisfaction of the cabinet;
(c) If a current or previously certified pharmacy, manufacturer, or distributor is found to have intentionally, knowingly, or recklessly violated certification requirements, or refuses to bring operations into compliance within ninety (90) calendar days, remove certification and prohibit CHAPTER 210 21 continued provision of abortion-inducing drugs by the pharmacy, manufacturer, or distributor until compliance is demonstrated to the satisfaction of the cabinet;
Page 46 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO 7.
7.
(1) The cabinet shall develop a complaint portal on its Web site for patients, pharmacy, nursing, and medical professionals, and the public to submit information about potential violations of the Kentucky Abortion-Inducing Drug Certification Program.
(1) The cabinet shall develop a complaint portal on its Web site for patients, pharmacy, nursing, and medical professionals, and the public to submit information about potential violations of the Kentucky Abortion- Inducing Drug Certification Program.
Page 47 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (1) No person shall cremate or cause to be transported for the purpose of cremation the body of any person whose death occurs in the Commonwealth, without first obtaining from the coroner of the county in which the death occurred, a permit stating the cause of death and authorizing the cremation or transportation for cremation of the body.
(1) No person shall cremate or cause to be transported for the purpose of cremation the body of any person whose death occurs in the Commonwealth, without first obtaining from the coroner of the county in which the death occurred, a permit stating the cause of death and authorizing the cremation or transportation for cremation of the body.
(3) Notwithstanding KRS 367.97514, fetuses may be cremated by simultaneous cremation.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) Notwithstanding KRS 367.97514, fetuses may be cremated by simultaneous cremation.
(4) If requested by the patient to whom an abortion is provided, the person in charge of the institution or the person's designated representative, shall complete the form created by the cabinet under subsection (3) of this section, obtain the Page 48 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO medical certification, and file the certificate with the state registrar.
(4) If requested by the patient to whom an abortion is provided, the person in charge of the institution or the person's designated representative, shall complete the form created by the cabinet under subsection (3) of this section, obtain the medical certification, and file the certificate with the state registrar.
(c) After receiving the information required by paragraphs (a) and (b) of this subsection, the parent or parents of the fetus shall inform the healthcare facility or abortion clinic of their choice for the disposition of the fetal Page 49 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO remains by electing to either:
(c) After receiving the information required by paragraphs (a) and (b) of this subsection, the parent or parents of the fetus shall inform the healthcare facility or abortion clinic of their choice for the disposition of the fetal remains by electing to either:
(c) The status of fetal remains resulting from an abortion for the purpose of cremation that shall meet any requirements for a birth-death, provisional death, or death certificate for transport or cremation;
CHAPTER 210 23 (c) The status of fetal remains resulting from an abortion for the purpose of cremation that shall meet any requirements for a birth-death, provisional death, or death certificate for transport or cremation;
or (d) Transport, or arrange for the transportation of, fetal remains for any Page 50 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO purpose other than:
or (d) Transport, or arrange for the transportation of, fetal remains for any purpose other than:
(6) "Cremation authorization form" means a form promulgated by administrative Page 51 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO regulation of the Attorney General that expresses consent to the decedent's cremation.
(6) "Cremation authorization form" means a form promulgated by administrative regulation of the Attorney General that expresses consent to the decedent's cremation.
(12) "Declaration" has the same meaning as in KRS 367.93101.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (12) "Declaration" has the same meaning as in KRS 367.93101.
"Pathological waste" does not include amputations or fetal remains as defined in Page 52 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO Section 22 of this Act.
"Pathological waste" does not include amputations or fetal remains as defined in Section 22 of this Act.
This subsection shall not apply to funding available through KRS 205.510 to 205.560 to the minimum extent necessary to comply with federal conditions for the state's participation in the program established by KRS 205.510 to 205.560 or to funding that is used to provide Page 53 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO abstinence education in schools.
This subsection shall not apply to funding available through KRS 205.510 to 205.560 to the minimum extent necessary to comply with federal conditions for the state's participation in the program established by KRS 205.510 to 205.560 or to funding that is used to provide abstinence education in schools.
(6)[(4)] Nothing in this section shall be construed to allow public funds to pay for in- Page 54 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO vitro fertilization procedures performed on any individual patient.
(6)[(4)] Nothing in this section shall be construed to allow public funds to pay for in-vitro fertilization procedures performed on any individual patient.
SECTION 25.
CHAPTER 210 25 SECTION 25.
(1) Each prescription issued for an abortion-inducing drug as defined in Section 5 of this Act[RU-486, cytotec, pitocin, mifeprex, misoprostol, or any other drug or Page 55 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO combination of drugs] for which the primary indication is the induction of abortion as defined in KRS 311.720 shall be reported on a report form provided by the cabinet within three (3)[fifteen (15)] days after [the end of the month in which ]the prescription was issued.
(1) Each prescription issued for an abortion-inducing drug as defined in Section 5 of this Act[RU-486, cytotec, pitocin, mifeprex, misoprostol, or any other drug or combination of drugs] for which the primary indication is the induction of abortion as defined in KRS 311.720 shall be reported on a report form provided by the cabinet within three (3)[fifteen (15)] days after [the end of the month in which ]the prescription was issued.
(2) Information on the potential ability of a physician to reverse the effects of abortion- inducing [prescription ]drugs as defined in Section 5 of this Act for which the primary indication is the induction of abortion, including where additional information about this possibility may be obtained and contact information for assistance in locating a physician who may aid in the reversal, shall be provided with each prescription issued for an abortion-inducing drug[RU-486, cytotec, pitocin, mifeprex, misoprostol, or any other drug or combination of drugs] for which the primary indication is the induction of abortion as defined in KRS 311.720.
(2) Information on the potential ability of a physician to reverse the effects of abortion-inducing [prescription ]drugs as defined in Section 5 of this Act for which the primary indication is the induction of abortion, including where additional information about this possibility may be obtained and contact information for assistance in locating a physician who may aid in the reversal, shall be provided with each prescription issued for an abortion-inducing drug[RU-486, cytotec, pitocin, mifeprex, misoprostol, or any other drug or combination of drugs] for which the primary indication is the induction of abortion as defined in KRS 311.720.
(a) Whether a complication or adverse event as defined in Section 5 of this Act occurred during the abortion procedure or while the pregnant patient was still at the facility where the abortion was performed and the level of Page 56 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO intervention required to attend to the complication or adverse event:
(a) Whether a complication or adverse event as defined in Section 5 of this Act occurred during the abortion procedure or while the pregnant patient was still at the facility where the abortion was performed and the level of intervention required to attend to the complication or adverse event:
(b) The date the pregnant patient presented for diagnosis or treatment for the complication or adverse event;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) The date the pregnant patient presented for diagnosis or treatment for the complication or adverse event;
This should include the ICD-10 codes reported and charges for any physician, hospital, emergency room, prescription or other drugs, laboratory tests, and any other costs for treatment rendered;
This should include the ICD- codes reported and charges for any physician, hospital, emergency room, prescription or other drugs, laboratory tests, and any other costs for treatment rendered;
and (e) A list of complications, adverse events, or treatments that occurred, a list of any emergency transfers, and any follow-up treatment provided including whether any additional drugs were provided in order to complete the drug- induced abortion.[Abortion complications to be reported shall include only the following physical or psychological conditions arising from the induction or performance of an abortion:
and (e) A list of complications, adverse events, or treatments that occurred, a list of any emergency transfers, and any follow-up treatment provided including whether any additional drugs were provided in order to complete the drug-induced abortion.[Abortion complications to be reported shall include only the following physical or psychological conditions arising from the induction or performance of an abortion:
(d) heavy bleeding that causes symptoms of hypovolemia or the need for a blood Page 57 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO transfusion;
(d) heavy bleeding that causes symptoms of hypovolemia or the need for a blood transfusion;
Page 58 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (1) Except in a medical emergency that prevents compliance with this section, no physician shall intentionally perform or induce or intentionally attempt to perform or induce an abortion on a pregnant woman unless, prior to the performance or inducement of the abortion or the attempt to perform or induce the abortion, the physician determines, in the physician's reasonable medical judgment, the unborn child's probable gestational[post-fertilization] age.
(1) Except in a medical emergency that prevents compliance with this section, no physician shall intentionally perform or induce or intentionally attempt to perform or induce an abortion on a pregnant woman unless, prior to the performance or inducement of the abortion or the attempt to perform or induce the abortion, the CHAPTER 210 27 physician determines, in the physician's reasonable medical judgment, the unborn child's probable gestational[post-fertilization] age.
Page 59 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO Section 28.
Section 28.
(b) Any person who violates Sections 14 to 19 of this Act shall be fined not Page 60 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO more than one million dollars ($1,000,000).
(b) Any person who violates Sections 14 to 19 of this Act shall be fined not more than one million dollars ($1,000,000).
(1) Each prescription dispensed by a pharmacy for RU-486, cytotec, pitocin, mifeprex, misoprostol, or any other drug or combination of drugs for which the primary indication is the induction of abortion as defined in KRS 213.011 shall be reported to the Vital Statistics Branch within three (3) days after the end of the month in which the prescription was dispensed, but the report shall not include information which will identify the pregnant patient involved or anyone who may have picked up the dispensed prescription on behalf of the woman.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) Each prescription dispensed by a pharmacy for RU-486, cytotec, pitocin, mifeprex, misoprostol, or any other drug or combination of drugs for which the primary indication is the induction of abortion as defined in KRS 213.011 shall be reported to the Vital Statistics Branch within three (3) days after the end of the month in which the prescription was dispensed, but the report shall not include information which will identify the pregnant patient involved or anyone who may have picked up the dispensed prescription on behalf of the woman.
(c) The full name and address of the referring physician, agency, or service, if Page 61 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO any;
(c) The full name and address of the referring physician, agency, or service, if any;
Page 62 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (b) Any person or institution who fails to submit a report, or who has submitted only an incomplete report, more than one (1) year following the due date set in subsection (1) of this section, may in a civil action brought by the Vital Statistics Branch be directed by a court of competent jurisdiction to submit a complete report within a time period stated by court order or be subject to contempt of court.
(b) Any person or institution who fails to submit a report, or who has submitted only an incomplete report, more than one (1) year following the due date set in subsection (1) of this section, may in a civil action brought by the Vital Statistics Branch be directed by a court of competent jurisdiction to submit a complete report within a time period stated by court order or be subject to contempt of court.
SECTION 31.
CHAPTER 210 29 SECTION 31.
(1) The Attorney General may bring an action to enforce compliance with the Humanity in Healthcare Act of 2022 or intervene as a matter of right in any case in which the constitutionality of any section of the Act is challenged.
(1) The Attorney General may bring an action to enforce compliance with the Humanity in Healthcare Act of or intervene as a matter of right in any case in which the constitutionality of any section of the Act is challenged.
(2) (a) Any person who intentionally, knowingly, or recklessly violates Sections 14 Page 63 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO to 19 of this Act is guilty of a Class D felony.
(2) (a) Any person who intentionally, knowingly, or recklessly violates Sections 14 to 19 of this Act is guilty of a Class D felony.
Page 64 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (e) At eleven (11) weeks' gestation, an unborn child's diaphragm is developing, he or she may even hiccup, and he or she is beginning to move about freely in the womb;
(e) At eleven (11) weeks' gestation, an unborn child's diaphragm is developing, he or she may even hiccup, and he or she is beginning to move about freely in the womb;
and Page 65 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (7) The Commonwealth of Kentucky has legitimate interests from the outset of the pregnancy in protecting both the health of the woman and the life of an unborn human individual who may be born.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (7) The Commonwealth of Kentucky has legitimate interests from the outset of the pregnancy in protecting both the health of the woman and the life of an unborn human individual who may be born.
Page 66 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (8) "Serious risk of the substantial and irreversible impairment of a major bodily function" means any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function.
(8) "Serious risk of the substantial and irreversible impairment of a major bodily function" means any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function.
(1) No person shall intentionally perform or induce or intentionally attempt to perform or induce an abortion on a pregnant woman when the probable gestational[post- fertilization] age of the unborn child is fifteen (15)[twenty (20)] weeks or greater.
(1) No person shall intentionally perform or induce or intentionally attempt to perform or induce an abortion on a pregnant woman when the probable gestational[post-fertilization] age of the unborn child is fifteen (15)[twenty (20)] weeks or greater.
No abortion shall be necessary if it is based on a claim or diagnosis that the pregnant woman will engage in conduct that would result in her death or in substantial and irreversible impairment of a major bodily function or if it is based on any reason related to her mental Page 67 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO health.
No abortion shall be necessary if it is based on a claim or diagnosis that the pregnant woman will engage in conduct that would result in her death or in substantial and irreversible impairment of a major bodily function or if it is based on any reason related to her mental health.
(3) (a) Except when a medical emergency exists that prevents compliance with KRS 311.783, the affirmative defense set forth in subsection (2)(a) of this section does not apply unless the physician who intentionally performs or induces or intentionally attempts to perform or induce the abortion makes a determination of the probable gestational[post-fertilization] age of the unborn child as required by KRS 311.783(1) or relied upon such a determination made by another physician and certifies in writing, based on the results of the tests performed, that in the physician's reasonable medical judgment the unborn child's probable gestational[post-fertilization] age is less than fifteen (15)[twenty (20)] weeks.
(3) (a) Except when a medical emergency exists that prevents compliance with KRS 311.783, the affirmative defense set forth in subsection (2)(a) of this section does not apply unless the physician who intentionally performs or induces or intentionally attempts to perform or induce the abortion makes a determination of the probable gestational[post-fertilization] age of the unborn child as required by KRS CHAPTER 210 31 311.783(1) or relied upon such a determination made by another physician and certifies in writing, based on the results of the tests performed, that in the physician's reasonable medical judgment the unborn child's probable gestational[post-fertilization] age is less than fifteen (15)[twenty (20)] weeks.
of this paragraph certifies in writing that, in that different physician's reasonable medical judgment, based on the facts known to that different physician at that time, the abortion is Page 68 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO necessary to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman;
of this paragraph certifies in writing that, in that different physician's reasonable medical judgment, based on the facts known to that different physician at that time, the abortion is necessary to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman;
Page 69 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO (4) The state Board of Medical Licensure shall revoke a physician's license to practice medicine in this state if the physician violates or fails to comply with this section.
(4) The state Board of Medical Licensure shall revoke a physician's license to practice medicine in this state if the physician violates or fails to comply with this section.
The Attorney General shall have authority to bring an action in law or equity to enforce any provisions of KRS 311.781 to 311.786 on behalf of the Commonwealth of Kentucky.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY The Attorney General shall have authority to bring an action in law or equity to enforce any provisions of KRS 311.781 to 311.786 on behalf of the Commonwealth of Kentucky.
(a) "Bodily dismemberment, crushing, or human vivisection" means a procedure Page 70 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO in which a person, with the purpose of causing the death of an unborn child, dismembers the living unborn child and extracts portions, pieces, or limbs of the unborn child from the uterus through the use of clamps, grasping forceps, tongs, scissors, or a similar instrument that, through the convergence of two (2) rigid levers, slices, crushes, or grasps, or performs any combination of those actions on, any portion, piece, or limb of the unborn child's body to cut or separate the portion, piece, or limb from the body.
(a) "Bodily dismemberment, crushing, or human vivisection" means a procedure in which a person, with the purpose of causing the death of an unborn child, dismembers the living unborn child and extracts portions, pieces, or limbs of the unborn child from the uterus through the use of clamps, grasping forceps, tongs, scissors, or a similar instrument that, through the convergence of two (2) rigid levers, slices, crushes, or grasps, or performs any combination of those actions on, any portion, piece, or limb of the unborn child's body to cut or separate the portion, piece, or limb from the body.
(1) If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the other provisions Page 71 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden UNOFFICIAL COPY 22 RS HB 3/VO or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
(1) If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
Page 72 of 72 HB000390.100 - 343 - XXXX Vetoed and Overriden
Veto Overridden and Signed by Secretary of State April 14, 2022.
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Action History

  1. delivered to Secretary of State (Acts Ch. 210)

  2. enrolled, signed by President of the Senate

  3. enrolled, signed by Speaker of the House

  4. received in House

  5. passed 31-6

  6. veto overridden

  7. posted for passage for consideration of Governor's veto

  8. to Rules (S)

  9. received in Senate

  10. passed 76-21

  11. veto overridden

  12. posted for passage for consideration of Governor's veto

  13. taken from Rules

  14. to Rules (H)

  15. received in House

  16. Vetoed

  17. delivered to Governor

  18. enrolled, signed by President of the Senate

  19. enrolled, signed by Speaker of the House

  20. passed 74-19

  21. House concurred in Senate Committee Substitute (1) and Floor Amendments (2) and (3)

  22. posted for passage for concurrence in Senate Committee Substitute (1), floor amendments (2) and (3)

  23. taken from Rules

  24. to Rules (H)

  25. received in House

  26. passed 29-0 with Committee Substitute (1) and Floor Amendments (2) and (3)

  27. floor amendment (1) defeated

  28. 3rd reading

  29. floor amendments (4) and (5) filed to Committee Substitute

  30. posted for passage in the Regular Orders of the Day for Tuesday, March 29, 2022

  31. floor amendments (2) and (3) filed to Committee Substitute

  32. 2nd reading, to Rules

  33. floor amendment (1) filed to Committee Substitute

  34. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  35. to Health & Welfare (S)

  36. to Committee on Committees (S)

  37. received in Senate

  38. passed 77-20 with Committee Substitute (1)

  39. floor amendments (3) and (5) defeated

  40. 3rd reading

  41. floor amendments (3) (4) and (5) filed to Committee Substitute

  42. posted for passage in the Regular Orders of the Day for Wednesday, March 02, 2022

  43. reported favorably, 2nd reading, to Rules with Committee Substitute (1)

  44. floor amendments (1) and (2) filed

  45. returned to Veterans, Military Affairs, & Public Protection (H)

  46. 1st reading

  47. taken from Veterans, Military Affairs, & Public Protection (H)

  48. to Veterans, Military Affairs, & Public Protection (H)

  49. to Committee on Committees (H)

  50. introduced in House

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

59 sponsors · 0 co-sponsors · 79 not signed on · 37 voted No

Sponsors (59)

Co-sponsors (0)

None.

Not signed on (79)

79 members have not signed on to this bill.

Show all 79 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FINAL PASSAGE HB 3 VETO OVERRIDE

Passed 31 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14401
Republican 17000
Democrat 0200
Total 31601
% of votes cast 82%16%0%3%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Hornback — Yea
Turner — Yea
Schickel — Yea
Kerr — Yea
Schroder — Yea
Castlen — Yea
Smith — Yea
Westerfield — Yea
Meredith — Yea
Southworth — Yea
Nemes — Yea
Parrett — Yea
Thayer — Yea
McGarvey — Nay
Thomas — Nay
Yates — Nay
Embry — 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
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell 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 Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Veto Override

Passed 76 Yea · 21 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 51101
Unaffiliated 241301
Democrat 1701
Total 762103
% of votes cast 76%21%0%3%
How each member voted (100)
Member Party Vote
Rowland — Yea
Fischer — Yea
Bechler — Yea
Meredith — Yea
Santoro — Yea
Bentley — Yea
Sheldon — Yea
Smith — Yea
Koenig — Yea
Nemes — Yea
Thomas — Yea
Timoney — Yea
Pratt — Yea
Hatton — Yea
Prunty — Yea
Dixon — Yea
Heath — Yea
Massey — Yea
Webber — Yea
McCoy — Yea
DuPlessis — Yea
Flood — Nay
Raymond — Nay
Graham — Nay
Westrom — Nay
Burch — Nay
Minter — Nay
Scott — Nay
Wheatley — Nay
Cantrell — Nay
Jenkins — Nay
Palumbo — Nay
Donohue — Nay
Huff R — Yea
Kirk McCormick — Yea
Miller C — Not Voting
Miller J — Yea
Stevenson C — Nay
Al Gentry Democrat Not Voting
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Nay
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 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
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
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
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Concur

Passed 74 Yea · 18 Nay · 8 Other
Party YeaNayPresentNot Voting
Republican 50102
Unaffiliated 231203
Democrat 1503
Total 741808
% of votes cast 74%18%0%8%
How each member voted (100)
Member Party Vote
DuPlessis — Yea
Meredith — Yea
Santoro — Yea
Bechler — Yea
Fischer — Yea
Bentley — Yea
Sheldon — Yea
Smith — Yea
Nemes — Yea
Koenig — Yea
Thomas — Yea
Timoney — Yea
Pratt — Yea
Prunty — Yea
Massey — Yea
Dixon — Yea
Hatton — Yea
Webber — Yea
Heath — Yea
McCoy — Yea
Rowland — Yea
Minter — Nay
Scott — Nay
Westrom — Nay
Cantrell — Nay
Jenkins — Nay
Palumbo — Nay
Wheatley — Nay
Donohue — Nay
Raymond — Nay
Graham — Nay
Flood — Not Voting
Burch — Not Voting
Huff R — Not Voting
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
Keturah J. Herron Democrat Nay
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Tina Bojanowski Democrat Not Voting
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 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
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Not Voting
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
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS HB 3 w/ scs1 sfa2 sfa3

Passed 29 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 13006
Republican 16001
Democrat 0002
Total 29009
% of votes cast 76%0%0%24%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Hornback — Yea
Thayer — Yea
Schickel — Yea
Turner — Yea
Schroder — Yea
Castlen — Yea
Meredith — Yea
Smith — Yea
Westerfield — Yea
Southworth — Yea
Nemes — Yea
Parrett — Yea
Kerr — Not Voting
Embry — Not Voting
McGarvey — Not Voting
Thomas — Not Voting
Yates — Not Voting
Harper Angel — Not Voting
Gerald A. Neal Democrat Not Voting
Karen Berg Democrat Not Voting
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell 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 Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Not Voting
Stephen West Republican Yea

Official roll call →

Adopt sfa1

Failed 9 Yea · 26 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 2000
Unaffiliated 41302
Republican 31301
Total 92603
% of votes cast 24%68%0%8%
How each member voted (38)
Member Party Vote
McGarvey — Yea
Thomas — Yea
Yates — Yea
Alvarado — Nay
Hornback — Nay
Schroder — Nay
Turner — Nay
Smith — Nay
Meredith — Nay
Southworth — Nay
Westerfield — Nay
Castlen — Nay
Nemes — Nay
Parrett — Nay
Thayer — Nay
Schickel — Nay
Embry — Not Voting
Kerr — Not Voting
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Nay
Christian McDaniel Republican Nay
Danny Carroll Republican Nay
David P. Givens Republican Yea
Donald Douglas Republican Nay
Jared Carpenter Republican Nay
Jason Howell Republican Not Voting
Jimmy Higdon Republican Nay
Julie Raque Adams Republican Yea
Max Wise Republican Nay
Mike Wilson Republican Nay
Phillip Wheeler Republican Nay
Rick Girdler Republican Nay
Robby Mills Republican Nay
Robert Stivers Republican Nay
Robin L. Webb Republican Yea
Stephen West Republican Nay

Official roll call →

Final Passage

Passed 74 Yea · 19 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 50102
Unaffiliated 231203
Democrat 1602
Total 741907
% of votes cast 74%19%0%7%
How each member voted (100)
Member Party Vote
DuPlessis — Yea
Meredith — Yea
Santoro — Yea
Bechler — Yea
Fischer — Yea
Bentley — Yea
Sheldon — Yea
Smith — Yea
Nemes — Yea
Koenig — Yea
Thomas — Yea
Timoney — Yea
Pratt — Yea
Prunty — Yea
Massey — Yea
Dixon — Yea
Hatton — Yea
Webber — Yea
Heath — Yea
McCoy — Yea
Rowland — Yea
Graham — Nay
Westrom — Nay
Minter — Nay
Scott — Nay
Wheatley — Nay
Cantrell — Nay
Jenkins — Nay
Palumbo — Nay
Donohue — Nay
Raymond — Nay
Burch — Not Voting
Flood — Not Voting
Huff R — Not Voting
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
Keturah J. Herron 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 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
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Not Voting
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
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Pass

Passed 77 Yea · 20 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 51101
Unaffiliated 251201
Democrat 1701
Total 772003
% of votes cast 77%20%0%3%
How each member voted (100)
Member Party Vote
Rowland — Yea
Fischer — Yea
Meredith — Yea
Bechler — Yea
Santoro — Yea
Bentley — Yea
Sheldon — Yea
Koenig — Yea
Smith — Yea
Nemes — Yea
Thomas — Yea
Timoney — Yea
Pratt — Yea
Hatton — Yea
Massey — Yea
Prunty — Yea
Dixon — Yea
Heath — Yea
McCoy — Yea
Webber — Yea
DuPlessis — Yea
Donohue — Nay
Jenkins — Nay
Raymond — Nay
Flood — Nay
Westrom — Nay
Burch — Nay
Graham — Nay
Scott — Nay
Wheatley — Nay
Cantrell — Nay
Minter — Nay
Palumbo — Not Voting
Huff R — Yea
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Nay
Al Gentry Democrat Not Voting
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Nay
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 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
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
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
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Adopt

Failed 22 Yea · 64 Nay · 15 Other
Party YeaNayPresentNot Voting
Democrat 7101
Unaffiliated 141807
Republican 14507
Total 2264015
% of votes cast 22%63%0%15%
How each member voted (101)
Member Party Vote
DuPlessis — Yea
Palumbo — Yea
Flood — Yea
Raymond — Yea
Westrom — Yea
Burch — Yea
Graham — Yea
Wheatley — Yea
Cantrell — Yea
Minter — Yea
Scott — Yea
Donohue — Yea
Jenkins — Yea
Bechler — Nay
Santoro — Nay
Bentley — Nay
Sheldon — Nay
Nemes — Nay
Smith — Nay
Timoney — Nay
Pratt — Nay
Hatton — Nay
Prunty — Nay
Dixon — Nay
Heath — Nay
Massey — Nay
Webber — Nay
Fischer — Nay
McCoy — Nay
Koenig — Not Voting
Rowland — Not Voting
Meredith — Not Voting
Thomas — Not Voting
Commonwealth of Kentucky — Not Voting
Huff R — Nay
Kirk McCormick — Nay
Miller C — Yea
Miller J — Not Voting
Stevenson C — Not Voting
Al Gentry Democrat Not Voting
Ashley Tackett Laferty Democrat Nay
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Nay
Adam Bowling Republican Nay
Bill Wesley Republican Nay
Bobby McCool Republican Nay
Chris Freeland Republican Nay
Chris Fugate Republican Nay
DJ Johnson Republican Not Voting
Daniel Elliott Republican Not Voting
Daniel Fister Republican Nay
David Hale Republican Nay
David Meade Republican Nay
David W. Osborne Republican Nay
Deanna Gordon Republican Nay
Derek Lewis Republican Nay
Felicia Rabourn Republican Nay
James Tipton Republican Nay
Jason Petrie Republican Nay
Jennifer Decker Republican Nay
Jim Gooch Jr. Republican Nay
John Blanton Republican Nay
Josh Branscum Republican Nay
Josh Bray Republican Nay
Josh Calloway Republican Nay
Ken Fleming Republican Nay
Ken Upchurch Republican Not Voting
Kim Banta Republican Not Voting
Kim King Republican Nay
Kimberly Poore Moser Republican Nay
Mark Hart Republican Nay
Mary Beth Imes Republican Nay
Matt Lockett Republican Nay
Matthew Koch Republican Nay
Michael Sarge Pollock Republican Nay
Myron Dossett Republican Nay
Nancy Tate Republican Nay
Patrick Flannery Republican Nay
Randy Bridges Republican Nay
Richard White Republican Not Voting
Ryan Dotson Republican Not Voting
Samara Heavrin Republican Nay
Savannah Maddox Republican Nay
Scott Lewis Republican Nay
Scott Sharp Republican Nay
Shane Baker Republican Nay
Shawn McPherson Republican Nay
Steve Bratcher Republican Not Voting
Steve Riley Republican Nay
Steven Rudy Republican Nay
Suzanne Miles Republican Nay
T.J. Roberts Republican Yea
Thomas Huff Republican Nay
Timmy Truett Republican Nay
William Lawrence Republican Nay

Official roll call →

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 3 do?
Amend KRS 311.732, relating to performance of an abortion upon a minor, to require the informed written consent of a parent or legal guardian to include a copy of that parent's or legal guardian's government-issued identification and parent's or legal guardian's documentation; require government-issued identification for the minor; require notification to other parent with joint or physical custody with exceptions; require the physician to keep a copy of the informed written consent for at least 7 years; require the physician to execute an affidavit; require additional criteria and standards for when a court determines whether to allow a minor to self-consent to an abortion; require the court hearing to remain confidential and be held in a private, informal setting within the courthouse; require, in the case of a medical emergency, for the physician to notify the parent or legal guardian within 24 hours of the abortion; require report to the cabinet; amend KRS 311.595 to allow the Kentucky Board of Medical Licensure to suspend or revoke the license of any physician for violations; amend KRS 311.990 to establish criminal penalties for violations; establish penalties for a person who violates Section 5 to 11 of this Act; amend KRS 213.101 to expand the statistical reporting system for abortions; require the Vital Statistics Branch report to include verification of compliance with the certification requirement of KRS 311.727; add required reporting items; require the Inspector General, Cabinet for Health and Family Services, to audit reporting; prohibit the audit from including personally identifying information of any pregnant woman upon whom an abortion was performed or attempted; specify that any personally identifying information viewed or recorded by the Inspector General in conducting the audit is not subject to the Open Records Act; require an annual report to be submitted including findings from the audit and abortion facility inspections to the General Assembly and the Attorney General; require an annual in-person report to be presented to the Interim Joint Committee on Health, Welfare, and Family Services; create new sections of KRS 311.710 to 311.820 to define terms; prohibit abortion-inducing drugs from being provided outside of required procedures or by courier, delivery, or mail service; establish requirements for qualified physician providing abortion-inducing drugs; require informed consent by patient for being provided abortion-inducing drugs; list requirements for informed consent form; require each abortion-inducing drug provided to be reported to the Cabinet for Health and Family Services on a report form; list requirements for report form; require report to the cabinet of treatment for adverse event or complication related to a drug-induced abortion; list requirements for report; prohibit provisions from being construed as creating or recognizing a right to abortion, making lawful an abortion that is otherwise unlawful, or overriding any existing laws; prohibit the provision of abortion-inducing drugs in any school facility or on state grounds; provide additional remedies to comply with Sections 5 to 11 of this Act; create new sections of KRS Chapter 213 to require the cabinet to publish information about the potential ability to reverse the effects of abortion-inducing drugs; require the cabinet to create and distribute the consent forms and reporting forms for abortion-inducing drugs; require the cabinet to keep reported data confidential; require the cabinet to communicate reporting requirements to required reporters; create new sections of KRS Chapter 315 to require the Board of Pharmacy to create a certification program for the distribution of abortion-inducing drugs; require physicians, manufacturers, and distributors to be certified; establish requirements for certification; require the board to enforce certification requirements; require the board to develop a complaint portal for violations and review complaints; amend KRS 213.081 to include fetal remains and to prohibit simultaneous cremations of fetal remains; amend KRS 213.096 to include abortions on the combination birth-death certificate; create a new section of KRS 311.710 to 311.820 to define "fetal remains," require within 24 hours before a surgical or chemical abortion the health care facility or abortion clinic to inform the parents both orally and in writing of their rights to determine the final disposition of the fetal remains; if a chemically induced abortion, inform the mother she may expect to expel a fetus after leaving the facility and she may return the remains to the facility for final disposition; require the parents to inform the facility of their choice for the disposition of the fetal remains; amend KRS 367.97501 to exclude fetal remains from the definition of “pathological waste”; amend KRS 311.715 to provide that public agency funds shall not be paid to any entity, organization, or individual that performs, induces, refers for, or counsels in favor of abortions; establish exceptions; create new sections of KRS 311.710 to 311.820 to require reporting to the cabinet information about complications, medical treatment, or death related to an abortion; permit the General Assembly to appoint members who sponsored or cosponsored this Act to intervene in any case to which the constitutionality is challenged; require provisions of this Act to be severable; amend KRS 311.774 to reporting requirements for adverse events or complications; amend KRS 311.783 to add reporting requirement; amend KRS 315.990 to add penalty for violation of pharmacy certification program; establish short title; EMERGENCY.
Who sponsors HB 3?
HB 3 is sponsored by Nancy Tate (Republican), Kim King (Republican), Shane Baker (Republican), L. Bechler, D. Bentley, John Blanton (Republican), Adam Bowling (Republican), Josh Branscum (Republican), Josh Bray (Republican), Randy Bridges (Republican), Josh Calloway (Republican), Jennifer Decker (Republican), Ryan Dotson (Republican), J. DuPlessis, Daniel Elliott (Republican), J. Fischer, Daniel Fister (Republican), Patrick Flannery (Republican), Chris Freeland (Republican), Chris Fugate (Republican), Jim Gooch Jr. (Republican), David Hale (Republican), Mark Hart (Republican), R. Heath, Samara Heavrin (Republican), Thomas Huff (Republican), Mary Beth Imes (Republican), DJ Johnson (Republican), N. Kirk-McCormick, William Lawrence (Republican), Scott Lewis (Republican), Matt Lockett (Republican), Savannah Maddox (Republican), C. Massey, Bobby McCool (Republican), C. McCoy, Shawn McPherson (Republican), David Meade (Republican), Suzanne Miles (Republican), Kimberly Poore Moser (Republican), Jason Petrie (Republican), P. Pratt, M. Prunty, B. Reed, Steve Riley (Republican), B. Rowland, Steven Rudy (Republican), S. Santoro, S. Sheldon, Tom Smith (Republican), Walker Thomas (Republican), James Tipton (Republican), R. Webber, Bill Wesley (Republican), Timmy Truett (Republican), Michael Sarge Pollock (Republican), Deanna Gordon (Republican), and Steve Bratcher (Republican).
What is the current status of HB 3?
This bill has been enacted into law. Introduced February 09, 2022. Enacted.
Where can I track HB 3?
Track HB 3 free on One Click Politics — get push/email alerts when it moves.

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