Kentucky
Ranking: 17
- Kentucky’s legislature has declared its opposition to abortion, stating that if the U.S. Constitution is amended or certain judicial decisions are reversed or modified, the legal recognition and protection of the lives of all human beings “regardless of their degree of biological development shall be fully restored.”
- Under Kentucky law, a physician may not perform an abortion until at least 24 hours after a woman has received information about the probable gestational age of her unborn child, the nature and risks of the proposed abortion procedure, alternatives to abortion, and the medical risks of carrying the pregnancy to term. She must also be told that state-prepared materials are available for her review, that medical assistance may be available, and that the father is liable for child support even if he offered to pay for the abortion.
- A physician may not perform an abortion on an unemancipated minor under the age of 18 without the written consent of one parent, unless there is a medical emergency or a court order is issued.
- Kentucky has enacted comprehensive health and safety requirements for abortion clinics. Kentucky requires abortion clinics to meet licensing requirements and minimum health and safety standards, including maintaining written policies and procedures, conducting appropriate patient testing, ensuring proper staffing, maintaining necessary equipment and medication, and providing medically appropriate post-operative care.
- Kentucky limits the performance of abortions to licensed physicians. Further, all abortion providers must maintain hospital admitting privileges.
- Kentucky has an enforceable abortion reporting law, but does not require the reporting of information to the Centers for Disease Control (CDC). The measure pertains to both surgical and nonsurgical abortions.
- Kentucky follows the federal standard for Medicaid funding for abortions, only permitting the use of federal or state matching Medicaid funds for abortions necessary to preserve the life of the woman or when the pregnancy is the result of rape or incest. The state otherwise prohibits the use of public funds for abortions unless necessary to save the life of the mother.
- Kentucky restricts the use of some or all state facilities for the performance of abortion.
- Kentucky prohibits school districts from operating a family resource center or a youth services center that provides abortion counseling or makes referrals to a healthcare facility for the purpose of seeking an abortion.
- Hospitals with emergency room services may not counsel victims of reported sexual offenses on abortion.
- All private health insurance contracts, plans, and policies must exclude coverage for abortion unless the procedure is necessary to preserve the woman’s life. Also, the state prohibits insurance coverage of abortions for public employees.
- The state offers “Choose Life” license plates, the proceeds of which benefit pregnancy care centers and/or other organizations providing abortion alternatives.
- Kentucky requires insurers providing prescription drug coverage for individual and small employers to offer contraceptive coverage.
- The definition of “person” for purposes of Kentucky homicide laws includes “an unborn child from the moment of conception.”
- Kentucky allows a parent or other relative to bring a wrongful death (civil) lawsuit when a viable unborn child is killed through the negligent or criminal act of another.
- Kentucky has enacted a “Baby Moses” law, under which a mother or legal guardian who is unable to care for a newborn infant may anonymously and safely leave the infant in the care of a responsible person at a hospital, police station, fire station, or other prescribed location.
- Healthcare professionals must test newborns for prenatal drug exposure when there is suspicion of maternal drug abuse.
- In 2012, Kentucky allocated $1.4 million over two years for substance abuse prevention and treatment for pregnant women.
- Kentucky maintains no laws regarding human cloning, destructive embryo research, or human egg harvesting, nor does it promote ethical alternatives to such destructive research.
- The state does not comprehensively prohibit fetal experimentation, instead prohibiting only the sale or use of a live or viable aborted child.
- Kentucky does not regulate assisted reproductive technologies.
- In Kentucky, assisting a suicide is a felony.
- A physician, nurse, hospital staff member, or hospital employee who objects in writing and on religious, moral, or professional grounds is not required to participate in an abortion. Kentucky law also protects medical and nursing students.
- Private healthcare facilities and hospitals are not required to permit the performance of abortions if such performance violates the stated policy of that facility.
- Kentucky currently provides no protection for the rights of healthcare providers who conscientiously object to participation in human cloning, destructive embryo research, or other forms of immoral medical research.
- Kentucky considered legislation related to informed consent, including measures requiring an ultrasound or giving a woman the opportunity to hear the heartbeat of her unborn child before undergoing an abortion.
- It also considered legislation supporting pregnancy care centers including a resolution commending their life-saving work.
- Kentucky considered a resolution opposing the U.S. Department of Health and Human Services (HHS) mandate that nearly all insurance plans fully cover “all FDA approved contraceptives” (which includes the abortion-inducing drug ella).
- Kentucky enacted a measure allocating $1.4 million over two years for substance abuse prevention and treatment for pregnant women.
- Kentucky considered a measure authorizing fetal death certificates and/or prescribing standards for the burial or disposal of fetal remains.
- Kentucky considered a measure relating to the creation of a Physician Orders for Life-Sustaining Treatment (POLST) Paradigm program and measures relating to pain management and palliative care.
- Abortion Mandate Opt-Out Act
- Abortion Subsidy Prohibition Act
- Women’s Health Defense Act
- Abortion Patients’ Enhanced Safety Act
- Women’s Ultrasound Right to Know Act
- Abortion-Inducing Drugs Safety Act
- Coercive Abuse Against Mothers Prevention Act
- Child Protection Act
- Joint Resolution Commending Pregnancy Centers
- Unborn Wrongful Death Act (for pre-viable child)
- Born-Alive Infant Protection Act
- Pregnant Woman’s Protection Act
- Human Cloning Prohibition Act
- Destructive Embryo Research Act
- Prohibition on Public Funding of Human Cloning and Destructive Embryo Research Act
- Healthcare Freedom of Conscience Act
