KRS § 311.715 — KY Code / Title XXVI / Chapter 311 / Section 311.715
311.715 Use of public agency funds for abortion prohibited -- Use of public medical facilities for in-vitro fertilization permitted -- Distribution of public agency funds to entity that performs or counsels for abortion or family planning prohibited -- Order of priority for awarding federal family planning funds upon repeal of federal regulations that bar prioritizing recipients
Status: in_force

311.715 Use of public agency funds for abortion prohibited -- Use of public

medical facilities for in-vitro fertilization permitted -- Distribution of public

agency funds to entity that performs or counsels for abortion or family

planning prohibited -- Order of priority for awarding federal family

planning funds upon repeal of federal regulations that bar prioritizing

recipients.

(1) As used in this section, "public agency funds" means any money, regardless of

the original source of the money, of a public agency.

(2) Public agency funds shall not be used for the purpose of obtaining an abortion

or paying for the performance of an abortion. Public medical facilities may be

used for the purpose of conducting research into or the performance of in-vitro

fertilization as long as such procedures do not result in the intentional

destruction of a human embryo.

(3) Public agency funds shall not be directly or indirectly used, granted, paid, or

distributed to any entity, organization, or individual that performs, induces,

refers for, or counsels in favor of abortions. This subsection shall not apply to

funding available through KRS 205.510 to 205.560 to the minimum extent

necessary to comply with federal conditions for the state's participation in the

program established by KRS 205.510 to 205.560 or to funding that is used to

provide abstinence education in schools.

(4) (a) Public agency funds shall not be directly or indirectly used, granted, paid,

or distributed to any nonpublic entity or organization described in

paragraph (b)3. of this subsection. This paragraph shall not apply to

funding available through KRS 205.510 to 205.560 to the minimum extent

necessary to comply with federal conditions for the state's participation in

the program established by KRS 205.510 to 205.560 or to funding that is

used to provide abstinence education in schools.

(b) Notwithstanding any other state law to the contrary, all federal family

planning funds shall be awarded to eligible individuals, organizations, or

entities applying to be family planning contractors in the following order of

descending priority:

1. Public agencies that directly provide family planning services,

including state, county, and local community health clinics and

federally qualified health centers;

2. Nonpublic entities that directly provide basic health services, as

described in 42 U.S.C. sec. 254b(b)(1)(A), including family planning

services; and

3. Nonpublic entities that directly provide only family planning services

but do not provide all basic health services as described in 42

U.S.C. sec. 254b(b)(1)(A).

(c) This subsection shall be effective upon repeal of federal regulations

prohibiting states from prioritizing recipients of federal Public Health

Service Act, Title X Family Planning Program funds.

(5) Nothing in this section shall be deemed to deprive a woman of all appropriate

medical care necessary to prevent her physical death.

(6) Nothing in this section shall be construed to allow public funds to pay for

in-vitro fertilization procedures performed on any individual patient.