216B.206 Eligibility to register as nonsurgical abortion provider --
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/ky/216b-206A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Requirements for registered physicians.
(1)To be eligible to register as a nonsurgical abortion provider, the cabinet shall
require a qualified physician to:
(a)Be licensed to practice medicine and in good standing in Kentucky;
(b)Examine any patient in-person prior to providing abortion-inducing drugs;
(c)Sign an annual "Dispensing Agreement Form," to be developed and
provided by the cabinet, prior to providing abortion-inducing drugs;
(d)Inform the patient of gestational age-specific risks of using
abortion-inducing drugs;
(e)Assess for signs of domestic abuse, reproductive control, human
trafficking, and other signals of coerced abortion, per current state
guidelines;
(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;
(g)Inform the patient that studies show that following a reversal process or
otherwise treating a pregnant patient with progesterone during pregnancy
does not lead to increased mortality rates;
(h)Refrain from intentionally or knowingly supplying abortion-inducing drugs
to patients who present with any of the following:
1. Absence of a pregnancy;
2. Being post-seventy
(70)days gestation or post-ten
(10)weeks of
pregnancy; or
3. Risk factors associated with abortion-inducing drugs, including but
not limited to:
a. A history of ectopic pregnancies;
b. Problems with the adrenal glands near the kidneys;
c. Being treated with long-term corticosteroid therapy;
d. Allergic reactions to abortion-inducing drugs, mifepristone,
misoprostol, or similar drugs;
e. Bleeding problems or taking anticoagulant drug products;
f. Inherited porphyria;
g. An intrauterine device in place; or
h. Being Rh negative, requiring treatment with the prevailing
medical standard of care to prevent harmful fetal or child
outcomes or Rh incompatibility in future pregnancies before
providing abortion-inducing drugs;
(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;
(k)Sign, and ensure that the patient signs, all legally required informed-
consent material, provide the patient with a copy showing both signatures,
and place the original in the patient's medical record and forward to a
certified pharmacy, if appropriate;
(l)Record the serial number, National Drug Code, lot number, and
expiration date from each package of each abortion-inducing drug given
to the patient in the patient's medical record;
(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;
(n)Submit a written protocol of how complications or adverse events will be
handled by the registered physician and submit a copy of a signed
contract with an associated physician credentialed to handle certain
complications if necessary;
(o)Abide by all applicable state and federal laws regarding medical records
retention, confidentiality, and privacy; and
(p)Agree to follow and document compliance with all other legally required
conditions for performing an abortion in Kentucky.
(2)The cabinet shall require the following of registered physicians:
(a)Maintain hospital admitting privileges at one
(1)or more hospitals in the
county or contiguous county where abortion-inducing drugs will be
provided and inform the patient of the hospital or hospitals where the
physician holds admitting privileges; or
(b)Enter into a written associated physician agreement as required in KRS
311.7734, with a physician in the county or contiguous county where
abortion-inducing drugs will be provided. The written agreement shall
meet these conditions:
1. A physician who will be providing an abortion-inducing drug shall
notify the patient of the location of the hospital at which the
associated physician has admitting privileges;
2. The physician shall keep, at the location of his or her practice, a
copy of the written agreement;
3. The cabinet shall annually submit a copy of the written agreement to
each hospital located in the county or a county that is contiguous to
the county where abortion-inducing drugs will be provided;
4. The agreement shall be renewed annually; and
5. The agreement shall include a requirement that the physician
provide to the patient, and require the patient to sign, all legally
required informed-consent material.