KRS § 311.723 — KY Code / Title XXVI / Chapter 311 / Section 311.723
311.723 When physician may perform action that separates woman from her unborn child -- Guidelines
Status: in_force

311.723 When physician may perform action that separates woman from her

unborn child -- Guidelines.

(1) No action that requires separating a pregnant woman from her unborn child shall be

performed, except the following when performed by a physician based upon his or

her reasonable medical judgment:

(a) A medical procedure performed with the intent to save the life or preserve the

health of an unborn child;

(b) Lifesaving miscarriage management, which includes medically necessary

interventions when the pregnancy has ended or is in the unavoidable and

untreatable process of ending due to spontaneous or incomplete miscarriage;

(c) Sepsis and hemorrhage emergency medical interventions required when a

miscarriage or impending miscarriage results in a life-threatening infection or

excessive bleeding;

(d) A medically necessary intervention, inducement, or delivery for the removal

of a dead child from the uterine cavity, when documented in the woman's

medical record along with the results of an obstetric ultrasound test,

confirming that fetal cardiac activity is not present at a gestational age when it

should be present;

(e) The removal of an ectopic pregnancy or a pregnancy that is not implanted

normally within the endometrial cavity;

(f) The use of methotrexate or similar medications to treat an ectopic pregnancy;

(g) The removal of a molar pregnancy;

(h) A medical procedure necessary based on reasonable medical judgment to

prevent the death or substantial risk of death of the pregnant woman due to a

physical condition, or to prevent 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 child in a manner consistent with

reasonable medical practice; or

(i) Medical treatment provided to the mother by a licensed physician, which

results in the accidental or unintentional injury or death of the unborn human

being.

(2) No treatment or procedure authorized under subsection (1) of this section shall be

performed except in compliance with regulations which the cabinet shall

promulgate to ensure that:

(a) 1. Before the treatment or procedure is performed, the pregnant woman

shall have a private medical consultation either with the physician who

is to provide the treatment or perform the procedure or with the referring

physician in a place, at a time and of a duration reasonably sufficient to

enable the physician to determine whether, based upon his or her

reasonable medical judgment, the action is necessary;

2. The physician shall document in the pregnant woman's medical record

the pregnant woman's informed consent to the treatment or procedure

following a discussion, acknowledged in writing by the woman, of the

risks, benefits, and alternatives to the treatment or procedure, sufficient

in scope for a reasonable person to make an informed decision;

(b) The physician who is to provide the treatment or perform the procedure or the

referring physician will describe the basis for his or her reasonable medical

judgment that the action is necessary on a form prescribed by the cabinet as

required by KRS 213.101; and

(c) 1. Paragraph (a) of this subsection shall not apply when, in the reasonable

medical judgment of the attending physician based on the particular

facts of the case before him or her, there exists a medical emergency. In

the case of a medical emergency, the physician shall describe the basis

of his or her reasonable medical judgment that an emergency exists on a

form prescribed by the cabinet as required by KRS 213.101; and

2. If an emergency exists which limits the time available for

documentation or the scope of the informed consent discussion, the

physician shall endeavor to complete the requirements of this subsection

to the extent possible without undue risk to the woman's life or health

and shall promptly complete any required documentation when the

emergency no longer exists.

(3) Notwithstanding any statute to the contrary, nothing in this chapter shall be

construed as prohibiting a physician from prescribing or a woman from using birth

control methods or devices, including, but not limited to, intrauterine devices, oral

contraceptives, or any other birth control method or device.

(4) Nothing in this section shall be interpreted as permitting any violation of KRS

311.772.