311.782 Prohibition against performing or inducing abortion when probable
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/ky/311-782A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
gestational age of unborn child is 15 weeks or more -- Affirmative
defenses -- Penalties for violation.
(1)No person shall intentionally perform or induce or intentionally attempt to
perform or induce an abortion on a pregnant woman when the probable
gestational age of the unborn child is fifteen
(15)weeks or greater.
(2)It shall be an affirmative defense to a charge under subsection
(1)of this
section that the abortion was intentionally performed or induced or intentionally
attempted to be performed or induced by a physician and that the physician
determined, in the physician's reasonable medical judgment, based on the
facts known to the physician at that time, that either of the following applied:
(a)The probable gestational age of the unborn child was less than fifteen
(15)weeks; or
(b)The abortion was necessary to prevent the death of the pregnant woman
or to avoid a serious risk of the substantial and irreversible impairment of
a major bodily function of the pregnant woman. No abortion shall be
necessary if it is based on a claim or diagnosis that the pregnant woman
will engage in conduct that would result in her death or in substantial and
irreversible impairment of a major bodily function or if it is based on any
reason related to her mental health.
(a)Except when a medical emergency exists that prevents compliance with
KRS 311.783, the affirmative defense set forth in subsection (2)(a) of this
section does not apply unless the physician who intentionally performs or
induces or intentionally attempts to perform or induce the abortion makes
a determination of the probable gestational age of the unborn child as
required by KRS 311.783(1) or relied upon such a determination made by
another physician and certifies in writing, based on the results of the tests
performed, that in the physician's reasonable medical judgment the
unborn child's probable gestational age is less than fifteen
(15)weeks.
(b)Except when a medical emergency exists that prevents compliance with
one
(1)or more of the following conditions, the affirmative defense set
forth in subsection (2)(b) of this section does not apply unless the
physician who intentionally performs or induces or intentionally attempts
to perform or induce the abortion complies with all of the following
conditions:
1. The physician who intentionally performs or induces or intentionally
attempts to perform or induce the abortion certifies in writing that, in
the physician's reasonable medical judgment, based on the facts
known to the physician at that time, the abortion is necessary to
prevent the death of the pregnant woman or to avoid a serious risk
of the substantial and irreversible impairment of a major bodily
function of the pregnant woman;
2. A different physician not professionally related to the physician
described in subparagraph 1. of this paragraph certifies in writing
that, in that different physician's reasonable medical judgment,
based on the facts known to that different physician at that time, the
abortion is necessary to prevent the death of the pregnant woman or
to avoid a serious risk of the substantial and irreversible impairment
of a major bodily function of the pregnant woman;
3. The physician intentionally performs or induces or intentionally
attempts to perform or induce the abortion in a hospital or other
health care facility that has appropriate neonatal services for
premature infants;
4. The physician who intentionally performs or induces or intentionally
attempts to perform or induce the abortion terminates or attempts to
terminate the pregnancy in the manner that provides the best
opportunity for the unborn child to survive, unless that physician
determines, in the physician's reasonable medical judgment, based
on the facts known to the physician at that time, that the termination
of the pregnancy in that manner poses a greater risk of death of the
pregnant woman or a greater risk of the substantial and irreversible
impairment of a major bodily function of the pregnant woman than
would other available methods of abortion;
5. The physician certifies in writing the available method or techniques
considered and the reasons for choosing the method or technique
employed; and
6. The physician who intentionally performs or induces or intentionally
attempts to perform or induce the abortion has arranged for the
attendance in the same room in which the abortion is to be
performed or induced or attempted to be performed or induced at
least one
(1)other physician who is to take control of, provide
immediate medical care for, and take all reasonable steps
necessary to preserve the life and health of the unborn child
immediately upon the child's complete expulsion or extraction from
the pregnant woman.
(4)The state Board of Medical Licensure shall revoke a physician's license to
practice medicine in this state if the physician violates or fails to comply with
this section.
(5)Any physician who intentionally performs or induces or intentionally attempts to
perform or induce an abortion on a pregnant woman with actual knowledge that
neither of the affirmative defenses set forth in subsection
(2)of this section
applies, or with a heedless indifference as to whether either affirmative defense
applies, is liable in a civil action for compensatory and punitive damages and
reasonable attorney's fees to any person, or the representative of the estate of
any person including but not limited to an unborn child, who sustains injury,
death, or loss to person or property as the result of the performance or
inducement or the attempted performance or inducement of the abortion. In
any action under this subsection, the court also may award any injunctive or
other equitable relief that the court considers appropriate.
(6)A pregnant woman on whom an abortion is intentionally performed or induced
or intentionally attempted to be 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.