213.101 Abortion required to be reported to Vital Statistics Branch --
1,408 words·~6 min read·
/ky/213-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Contents of report -- Public report by Vital Statistics Branch --
Administrative regulations -- Audit by Inspector General.
(1)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)days after the
end of the month in which the abortion occurred. If the abortion was performed
outside an institution, the attending physician shall prepare and file the report
within three
(3)days after the end of the month in which the abortion occurred.
(2)The report shall include all the information the physician is required to certify in
writing or determine under KRS 311.731, 311.732, 311.7704, 311.7705,
311.7706, 311.7707, 311.7735, 311.7736, 311.774, 311.782, and 311.783, and
at a minimum:
(a)The full name and address of the physician who performed the abortion
or provided the abortion-inducing drug as defined in KRS 311.7731;
(b)The address at which the abortion was performed or the address at which
the abortion-inducing drug was provided by a qualified physician, or the
method of obtaining the abortion-inducing drug if not provided by a
qualified physician, including mail order, Internet order, or by a telehealth
provider in which case identifying information for the pharmacy, Web site
address, or the telemedicine provider shall be included;
(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;
(d)The full name and address of the referring physician, agency, or service,
if any;
(e)The pregnant patient's city or town, county, state, country of residence,
and zip code;
(f)The pregnant patient's age, race, and ethnicity;
(g)The age or approximate age of the father, if known;
(h)The total number and dates of each previous pregnancy, live birth, and
abortion of the pregnant patient;
(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;
(j)A list of any pre-existing medical conditions of the pregnant patient that
may complicate her pregnancy, if any, including hemorrhage, infection,
uterine perforation, cervical laceration, retained products, or any other
condition;
(k)Whether the fetus was delivered alive and the length of time the fetus
survived;
(l)Whether the fetus was viable and, if viable, the medical reason for
termination;
(m)Whether a pathological examination of the fetus was performed;
(n)Whether the pregnant patient returned for a follow-up examination, the
date and results of any such follow-up examination, and what reasonable
efforts were made by the qualified physician to encourage the patient to
reschedule a follow-up examination if the appointment was missed;
(o)Whether the woman suffered any complications or adverse events as
defined in KRS 311.7731 and what specific complications or adverse
events occurred, and any follow-up treatment provided as required by
KRS 311.774;
(p)Whether the pregnant patient was Rh negative and, if so, was provided
with an Rh negative information fact sheet and treated with the prevailing
medical standard of care to prevent harmful fetal or child outcomes or Rh
incompatibility in future pregnancies;
(q)The amount billed to cover the treatment for specific complications or
adverse events, including whether the treatment was billed to Medicaid,
private insurance, private pay, or other method. 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;
(r)The reason for the abortion, if known, including abuse, coercion,
harassment, or trafficking; and
(s)Whether the pregnant patient was tested for sexually transmitted
diseases when providing the informed consent required in KRS 311.725
and 311.7735 twenty-four
(24)hours before the abortion procedure or
tested at the time of the abortion procedure, and if the pregnant patient
tested positive, was treated or referred for treatment and follow-up care.
(3)The report shall not contain:
(a)The name of the pregnant patient;
(b)Common identifiers such as a Social Security number and motor vehicle
operator's license number; and
(c)Any other information or identifiers that would make it possible to
ascertain the patient's identity.
(4)If a person other than the physician described in this subsection makes or
maintains a record required by KRS 311.732, 311.7704, 311.7705, 311.7706,
or 311.7707 on the physician's behalf or at the physician's direction, that
person shall comply with the reporting requirement described in this subsection
as if the person were the physician.
(5)Each prescription issued for an abortion-inducing drug as defined in KRS
311.7731 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
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.
(6)The name of the person completing the report and the reporting institution shall
not be subject to disclosure under KRS 61.870 to 61.884.
(7)By September 30 of each year, the Vital Statistics Branch shall issue a public
report that provides statistics on all data collected, including the type of
abortion procedure used, for the previous calendar year compiled from all of
the reports covering that calendar year submitted to the cabinet in accordance
with this section for each of the items listed in this section. Each annual report
shall also provide statistics for all previous calendar years in which this section
was in effect, adjusted to reflect any additional information from late or
corrected reports. The Vital Statistics Branch shall ensure that none of the
information included in the report could reasonably lead to the identification of
any pregnant woman upon whom an abortion was performed or attempted.
Each annual report shall be made available on the cabinet's Web site.
(a)Any person or institution who fails to submit a report by the end of thirty
(30)days following the due date set in this section shall be subject to a
late fee of five hundred dollars ($500) for each additional thirty
(30)day
period or portion of a thirty
(30)day period the report is overdue.
(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 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.
(c)Failure by any physician to comply with the requirements of this section,
other than filing a late report, or to submit a complete report in
accordance with a court order shall subject the physician to KRS 311.595.
(9)Intentional falsification of any report required under this section is a Class A
misdemeanor.
(10)The Vital Statistics Branch shall promulgate administrative regulations in
accordance with KRS Chapter 13A to assist in compliance with this section.
(a)The Office of the Inspector General, Cabinet for Health and Family
Services, shall annually audit the required reporting of abortion-related
information to the Vital Statistics Branch in this section and KRS 213.172,
and in so doing, shall function as a health oversight agency of the
Commonwealth for this specific purpose.
(b)The Office of the Inspector General shall ensure that none of the
information included in the audit report could reasonably lead to the
identification of any pregnant woman upon whom an abortion was
performed or attempted.
(c)If any personally identifiable information is viewed or recorded by the
Office of the Inspector General in conducting an audit authorized by this
subsection, the information held by the Inspector General shall not be
subject to the Kentucky Open Records Act, shall be confidential, and shall
only be released upon court order.
(d)The Inspector General shall submit a written report to the General
Assembly and the Attorney General by October 1 of each year. The
reports shall include findings from:
1. The audit required in this subsection, including any identified
reporting deficiencies; and
2. All abortion facility inspections, including any violations of KRS
216B.0431 and 216B.0435.