311.7706 Prohibition against performing or inducing abortion if fetal

461 words·~2 min read·/ky/311-7706

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

heartbeat detected -- Exceptions -- Written declaration -- 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 with the

specific intent of causing or abetting the termination of the life of the unborn

human individual the pregnant woman is carrying and whose fetal heartbeat

has been detected in accordance with KRS 311.7704(1).

(a)Subsection

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

a medical procedure that, in the physician's reasonable medical

judgment, is designed or intended to prevent the death of the pregnant

woman or to prevent a serious risk of the substantial and irreversible

impairment of a major bodily function of the pregnant woman.

(b)A physician who performs a medical procedure as described in paragraph

(a)of this subsection shall, in writing:

1. Declare that the medical procedure is necessary, to the best of the

physician's reasonable medical judgment, to prevent the death of

the pregnant woman or to prevent a serious risk of the substantial

and irreversible impairment of a major bodily function of the

pregnant woman; and

2. Specify the pregnant woman's medical condition that the medical

procedure is asserted to address and the medical rationale for the

physician's conclusion that the medical procedure is necessary to

prevent the death of the pregnant woman or to prevent a serious risk

of the substantial and irreversible impairment of a major bodily

function of the pregnant woman.

(c)The physician shall place the written document required by paragraph

of this subsection in the pregnant woman's medical records. The

physician shall maintain a copy of the document in the physician's own

records for at least seven

(7)years from the date the document is

created.

(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.

(5)Subsection

(1)of this section shall not repeal or limit any other provision of the

Kentucky Revised Statutes that restricts or regulates the performance or

inducement of an abortion by a particular method or during a particular stage of

a pregnancy.