KRS § 311.782 — KY Code / Title XXVI / Chapter 311 / Section 311.782
311.782 Prohibition against performing or inducing abortion when probable gestational age of unborn child is 15 weeks or more -- Affirmative defenses -- Penalties for violation
Status: in_force

311.782 Prohibition against performing or inducing abortion when probable

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.

(3) (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.