KRS § 311.7735 — KY Code / Title XXVI / Chapter 311 / Section 311.7735
311.7735 Informed consent of patient receiving abortion-inducing drug -- Form
Status: in_force

311.7735 Informed consent of patient receiving abortion-inducing drug --

Form.

(1) An abortion-inducing drug as defined in KRS 311.7731 shall not be provided to

a pregnant patient without the informed consent of the patient. Informed

consent shall be obtained at least twenty-four (24) hours before the

abortion-inducing drug is provided to a pregnant patient, except if, in the

reasonable medical judgment of the qualified physician, compliance with this

subsection would pose a risk of:

(a) The death of the pregnant patient; or

(b) The substantial and irreversible physical impairment of a major bodily

function, not including psychological or emotional conditions, of the

pregnant patient.

(2) A qualified physician shall use a form created by the Cabinet for Health and

Family Services to obtain the consent required prior to providing an

abortion-inducing drug as defined in KRS 311.7731 and submit the completed

form to the cabinet.

(3) A consent form is not valid and consent is not sufficient, unless:

(a) The patient initials each entry, list, description, or declaration required to

be on the consent form;

(b) The patient signs the consent statement; and

(c) The qualified physician signs the qualified physician declaration.

(4) The consent form shall include but is not limited to the following:

(a) The probable gestational age of the unborn child as determined by both

patient history and by ultrasound results used to confirm gestational age;

(b) A detailed description of the steps to complete the drug-induced abortion;

(c) A detailed list of the risks related to the specific abortion-inducing drug as

defined in KRS 311.7731 or drugs to be used, including potential

complications and adverse events as defined in KRS 311.7731;

(d) If the pregnant patient was Rh negative, the pregnant patient was

provided with an Rh negative information fact sheet and offered treatment

with the prevailing medical standard of care to prevent harmful fetal or

child outcomes or Rh incompatibility in future pregnancies;

(e) That the risks of complications from a medication abortion, including

incomplete abortion, increase with advancing gestational age;

(f) That it may be possible to reverse the effects of the abortion-inducing

drug if desired but that this should be done as soon as possible;

(g) That the patient may see the remains of the unborn child in the process of

completing the abortion;

(h) That initial studies suggest that children born after reversing the effects of

the abortion-inducing drug mifeprex/mifepristone have no greater risk of

birth defects than the general population;

(i) That initial studies suggest that there is no increased risk of maternal

mortality after reversing the effects of the abortion-inducing drug

mifeprex/mifepristone;

(j) That information on and assistance with reversing the effects of

abortion-inducing drugs are available in the state-prepared materials and

on the cabinet's Web site;

(k) An "acknowledgment of risks and consent statement" which the pregnant

patient shall sign. The pregnant patient shall initial by each statement and

the statement shall include but is not limited to the following declarations:

1. That the pregnant patient understands that the abortion-inducing

drug regimen or procedure is intended to end the pregnancy and will

result in the death of the unborn child;

2. That the pregnant patient is not being forced to have an abortion,

has the choice not to have the abortion, and may withdraw consent

to the abortion-inducing drug regimen even after it has been

provided;

3. That the pregnant patient understands that the abortion-inducing

drug to be provided has specific risks and may result in specific

complications;

4. That the pregnant patient has been given the opportunity to ask

questions about the pregnancy, the development of the unborn

child, alternatives to abortion, the abortion-inducing drug or drugs to

be used, and the risks and complications possible when

abortion-inducing drugs are provided;

5. That the pregnant patient was specifically told that information on

the potential ability of qualified medical professionals to reverse the

effects of a drug-induced abortion is available and where to obtain

information for assistance in locating a medical professional that can

aid in the reversal of a drug-induced abortion;

6. That the pregnant patient has been provided access to printed

materials on informed consent for abortion;

7. That the pregnant patient has been given the name and phone

number of the associated physician who has agreed to provide

medical care and treatment in the event of complications associated

with the abortion-inducing drug regimen or procedure;

8. That the qualified physician will schedule an in-person follow-up visit

for the patient for approximately seven (7) to fourteen (14) days after

providing the abortion-inducing drug or drugs to confirm that the

pregnancy is completely terminated and to assess any degree of

bleeding and other complications;

9. That the pregnant patient has received or been given sufficient

information to give informed consent to the abortion-inducing drug

regimen or procedure; and

10. That the patient has a private right of action to sue the qualified

physician under the laws of Kentucky if the patient feels coerced or

misled prior to obtaining an abortion;

(l) A qualified physician's declaration that states that the qualified physician

has explained the abortion-inducing drug or drugs to be provided, has

provided all of the information required in paragraph (k) of this subsection,

and has answered all of the woman(cid:25)s questions, shall be signed by the

qualified physician; and

(m) If prescribing for the purpose of inducing an abortion, a qualified

physician shall include the following on the prescription for an

abortion-inducing drug: "For The Purpose of Abortion Inducement".