311.727 Requirement for performance and explanation of obstetric ultrasound and
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/ky/311-727A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
ascultation of fetal heartbeat prior to abortion -- Exception for medical
emergency or necessity.
(1)As used in this section:
(a)"Ascultate" means to examine by listening for sounds made by internal organs
of the fetus, specifically for a fetal heartbeat, utilizing an ultrasound
transducer or a fetal heart rate monitor;
(b)"Obstetric ultrasound" or "ultrasound" means the use of ultrasonic waves for
diagnostic or therapeutic purposes, specifically to monitor a developing fetus;
and
(c)"Qualified technician" means a medical imaging technologist as defined in
KRS 311B.020 who is certified in obstetrics and gynecology by the American
Registry for Diagnostic Medical Sonography or a nurse midwife or advance
practice nurse practitioner in obstetrics with certification in obstetrical
ultrasonography.
(2)Prior to a woman giving informed consent to having any part of an abortion
performed, the physician who is to perform the abortion or a qualified technician to
whom the responsibility has been delegated by the physician shall:
(a)Perform an obstetric ultrasound on the pregnant woman;
(b)Provide a simultaneous explanation of what the ultrasound is depicting, which
shall include the presence and location of the unborn child within the uterus
and the number of unborn children depicted and also, if the ultrasound image
indicates that fetal demise has occurred, inform the woman of that fact;
(c)Display the ultrasound images so that the pregnant woman may view the
images;
(d)Ascultate the fetal heartbeat of the unborn child so that the pregnant woman
may hear the heartbeat if the heartbeat is audible;
(e)Provide a medical description of the ultrasound images, which shall include
the dimensions of the embryo or fetus and the presence of external members
and internal organs, if present and viewable; and
(f)Retain in the woman's medical record a signed certification from the pregnant
woman that she has been presented with the information required to be
provided under paragraphs
(c)and
(d)of this subsection and has viewed the
ultrasound images, listened to the heartbeat if the heartbeat is audible, or
declined to do so. The signed certification shall be on a form prescribed by the
cabinet.
(3)When the ultrasound images and heartbeat sounds are provided to and reviewed
with the pregnant woman, nothing in this section shall be construed to prevent the
pregnant woman from averting her eyes from the ultrasound images or requesting
the volume of the heartbeat be reduced or turned off if the heartbeat is audible.
Neither the physician, the qualified technician, nor the pregnant woman shall be
subject to any penalty if the pregnant woman refuses to look at the displayed
ultrasound images or to listen to the heartbeat if the heartbeat is audible.
(4)The requirements of this section shall be in addition to any requirement contained in
KRS 311.725 or any other section of KRS 311.710 to 311.820.
(5)The provisions of this section shall not apply in the case of a medical emergency or
medical necessity. If a medical emergency or medical necessity compels the
performance or inducement of an abortion, the physician who will perform or
induce the abortion, prior to its performance or inducement if possible, shall inform
the pregnant woman of the medical indications supporting the physician's judgment
that an immediate abortion is necessary. Any physician who performs or induces an
abortion without the prior satisfaction of the requirements of this section because of
a medical emergency or medical necessity shall enter the reasons for the conclusion
that a medical emergency or medical necessity exists in the medical record of the
pregnant woman.