311.772 Definitions for section -- Prohibition against intentional termination of life
577 words·~3 min read·
/ky/311-772A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
of an unborn human being -- When section takes effect -- Penalties not to
apply to pregnant woman -- Contraception -- Appropriation of Medicaid
funds.
(1)As used in this section:
(a)"Fertilization" means that point in time when a male human sperm penetrates
the zona pellucida of a female human ovum;
(b)"Pregnant" means the human female reproductive condition of having a living
unborn human being within her body throughout the entire embryonic and
fetal stages of the unborn child from fertilization to full gestation and
childbirth; and
(c)"Unborn human being" means an individual living member of the species
homo sapiens throughout the entire embryonic and fetal stages of the unborn
child from fertilization to full gestation and childbirth.
(2)The provisions of this section shall become effective immediately upon, and to the
extent permitted, by the occurrence of any of the following circumstances:
(a)Any decision of the United States Supreme Court which reverses, in whole or
in part, Roe v. Wade, 410 U.S. 113 (1973), thereby restoring to the
Commonwealth of Kentucky the authority to prohibit abortion; or
(b)Adoption of an amendment to the United States Constitution which, in whole
or in part, restores to the Commonwealth of Kentucky the authority to prohibit
abortion.
(a)Except as provided in KRS 311.723, no person may knowingly:
1. Administer to, prescribe for, procure for, or sell to any pregnant woman
any medicine, drug, or other substance with the specific intent of
causing or abetting the termination of the life of an unborn human being;
or
2. Use or employ any instrument or procedure upon a pregnant woman
with the specific intent of causing or abetting the termination of the life
of an unborn human being.
(b)Any person who violates paragraph
(a)of this subsection shall be guilty of a
Class D felony.
(4)The following shall not be a violation of subsection
(3)of this section:
(a)For a licensed physician to perform a medical procedure necessary in
reasonable medical judgment to prevent the death or substantial risk of death
due to a physical condition, or to prevent the serious, permanent impairment
of a life-sustaining organ of a pregnant woman. However, the physician shall
make reasonable medical efforts under the circumstances to preserve both the
life of the mother and the life of the unborn human being in a manner
consistent with reasonable medical practice; or
(b)Medical treatment provided to the mother by a licensed physician which
results in the accidental or unintentional injury or death to the unborn human
being.
(5)Nothing in this section may be construed to subject the pregnant mother upon
whom any abortion is performed or attempted to any criminal conviction and
penalty.
(6)Nothing in this section may be construed to prohibit the sale, use, prescription, or
administration of a contraceptive measure, drug, or chemical, if it is administered
prior to the time when a pregnancy could be determined through conventional
medical testing and if the contraceptive measure is sold, used, prescribed, or
administered in accordance with manufacturer instructions.
(7)The provisions of this section shall be effective relative to the appropriation of
Medicaid funds, to the extent consistent with any executive order by the President
of the United States, federal statute, appropriation rider, or federal regulation that
sets forth the limited circumstances in which states must fund abortion to remain
eligible to receive federal Medicaid funds pursuant to 42 U.S.C. sec. 1396 et seq.