KRS § 311.731 — KY Code / Title XXVI / Chapter 311 / Section 311.731
311.731 Prohibition against sex-, race-, color-, national origin-, or disability-based abortion -- Certification to Vital Statistics Branch -- Revocation of license -- Action for damages -- Severability
Status: in_force

311.731 Prohibition against sex-, race-, color-, national origin-, or disability-based

abortion -- Certification to Vital Statistics Branch -- Revocation of license --

Action for damages -- Severability.

(1) As used in this section:

(a) "Abortion facility" has the same meaning as in KRS 216B.015;

(b) "Any other disability" means any disease, defect, or disorder, whether or not

genetically inherited. The term includes but is not limited to the following:

1. A physical disability;

2. A mental or intellectual disability;

3. A physical disfigurement;

4. Scoliosis;

5. Dwarfism;

6. Albinism;

7. Amelia; or

8. A physical or mental disease.

However, the term does not include a lethal fetal anomaly;

(c) "Corporation" has the same meaning as in KRS 271B.1-400;

(d) "Down syndrome" means a chromosome disorder associated either with an

extra chromosome twenty-one (21), in whole or in part, or an effective trisomy

for chromosome twenty-one (21);

(e) "Human being" has the same meaning as in KRS 311.720;

(f) "Medical emergency" has the same meaning as in KRS 311.720;

(g) "Person" includes any human being and any corporation;

(h) "Physician" has the same meaning as in KRS 311.720; and

(i) "Unborn child" has the same meaning as in KRS 311.781.

(2) No person shall intentionally perform or induce or attempt to perform or induce an

abortion on a pregnant woman if the person has knowledge that the pregnant

woman is seeking the abortion, in whole or in part, because of any of the following:

(a) The sex of the unborn child;

(b) The race, color, or national origin of the unborn child; or

(c) The diagnosis, or potential diagnosis, of Down syndrome or any other

disability;

except in the case of a medical emergency.

(3) In the report required under KRS 213.101, the attending physician shall certify in

writing whether the attending physician had knowledge that the pregnant woman

was seeking the abortion, in whole or in part, because of any of the following:

(a) The sex of the unborn child;

(b) The race, color, or national origin of the unborn child; or

(c) The diagnosis, or potential diagnosis, of Down syndrome or any other

disability.

(4) The State Board of Medical Licensure shall revoke a physician's license to practice

medicine in this state if the physician violates subsection (2) of this section.

(5) The Cabinet for Health and Family Services shall revoke the license of any person,

including a licensed abortion facility, who violates subsection (2) of this section.

(6) Any physician or other person who violates subsection (2) of this section is liable in

a civil action for compensatory and punitive damages and reasonable attorney’s fees

to any person, including an unborn child, or the representative of the estate of any

person, including 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.

(7) A pregnant woman on whom an abortion is performed or induced or attempted to be

performed or induced in violation of subsection (2) of this section is not guilty of

violating subsection (2) of this section or of attempting to commit, conspiring to

commit, or complicity in committing a violation of subsection (2) of this section.

(8) If any provision of this section is held invalid, or if the application of any provision

of this section to any person or circumstance is held invalid, the invalidity of that

provision does not affect any other provisions or applications of this section or KRS

311.710 to 311.820 that can be given effect without the invalid provision or

application, and to this end the provisions of this section and KRS 311.710 to

311.820 are severable. In particular, it is the intent of the General Assembly that any

invalidity or potential invalidity of a provision of this section is not to impair the

immediate and continuing enforceability of any other provisions of this section and

KRS 311.710 to 311.820. It is furthermore the intent of the General Assembly that

the provisions of this section are not to have the effect of repealing or limiting any

other laws of this state.