311.800 Abortions in publicly owned hospital or health care facility prohibited --
562 words·~3 min read·
/ky/311-800A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Exception -- Injunction to enforce compliance -- Abortions in private hospital
or health care facility -- Unlawful discriminatory practices.
(1)No publicly owned hospital or other publicly owned health care facility shall
perform or permit the performance of abortions, except to save the life of the
pregnant woman.
(2)In the event that a publicly owned hospital or publicly owned health facility is
performing or about to perform an abortion in violation of subsection
(1)of this
section, and law enforcement authorities in the county have failed or refused to take
action to stop such a practice, any resident of the county in which the hospital or
health facility is located, may apply to the Circuit Court of that county for an
injunction or other court process to require compliance with subsection
(1)of this
section.
(3)No private hospital or private health care facility shall be required to, or held liable
for refusal to, perform or permit the performance of abortion contrary to its stated
ethical policy.
(4)No physician, nurse staff member or employee of a public or private hospital or
employee of a public or private health care facility, who shall state in writing to
such hospital or health care facility his objection to performing, participating in, or
cooperating in, abortion on moral, religious or professional grounds, be required to,
or held liable for refusal to, perform, participate in, or cooperate in such abortion.
(5)It shall be an unlawful discriminatory practice for the following:
(a)Any person to impose penalties or take disciplinary action against, or to deny
or limit public funds, licenses, certifications, degrees, or other approvals or
documents of qualification to, any hospital or other health care facility due to
the refusal of such hospital or health care facility to perform or permit to be
performed, participate in, or cooperate in, abortion by reason of objection
thereto on moral, religious or professional grounds, or because of any
statement or other manifestation of attitude by such hospital or health care
facility with respect to abortion; or,
(b)Any person to impose penalties or take disciplinary action against, or to deny
or limit public funds, licenses, certifications, degrees, or other approvals or
documents of qualification to any physician, nurse or staff member or
employee of any hospital or health care facility, due to the willingness or
refusal of such physician, nurse or staff member or employee to perform or
participate in abortion by reason of objection thereto on moral, religious or
professional grounds, or because of any statement or other manifestation of
attitude by such physician, nurse or staff member or employee with respect to
abortion; or,
(c)Any public or private agency, institution or person, including a medical,
nursing or other school, to deny admission to, impose any burdens in terms of
conditions of employment upon, or otherwise discriminate against any
applicant for admission thereto or any physician, nurse, staff member, student or employee thereof, on account of the willingness or refusal of such applicant, physician, nurse, staff member, student or employee to perform or participate in abortion or sterilization by reason of objection thereto on moral, religious or professional grounds, or because of any statement or other manifestation of attitude by such person with respect to abortion or sterilization if that health care facility is not operated exclusively for the purposes of performing abortions or sterilizations.