311.7705 Prohibition against performing or inducing abortion before

311 words·~1 min read·/ky/311-7705

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

determining whether fetal heartbeat exists -- Exceptions -- Written

notation -- Persons not in violation.

(1)Except as provided in subsection

(2)of this section, no person shall

intentionally perform or induce an abortion on a pregnant woman before

determining in accordance with KRS 311.7704(1) whether the unborn human

individual the pregnant woman is carrying has a detectable fetal heartbeat.

(a)Subsection

(1)of this section shall not apply to a physician who performs

or induces the abortion if the physician believes that a medical emergency

exists that prevents compliance with subsection

(1)of this section.

(b)A physician who performs or induces an abortion on a pregnant woman

based on the exception in paragraph

(a)of this subsection shall make

written notations in the pregnant woman's medical records of both of the

following:

1. The physician's belief that a medical emergency necessitating the

abortion existed; and

2. The medical condition of the pregnant woman that prevented

compliance with subsection

(1)of this section.

The physician shall maintain a copy of the notations in the physician's

own records for at least seven

(7)years from the date the notations were

made.

(3)A person is not in violation of subsection

(1)of this section if the person acts in

accordance with KRS 311.7704(1) and the method used to determine the

presence of a fetal heartbeat does not reveal a fetal heartbeat.

(4)A pregnant woman on whom an abortion is intentionally performed or induced

in violation of subsection

(1)of this section is not guilty of violating subsection

(1)of this section or of attempting to commit, conspiring to commit, or

complicity in committing a violation of subsection

(1)of this section. In addition,

the pregnant woman is not subject to a civil penalty based on the abortion

being performed or induced in violation of subsection

(1)of this section.