KRS § 311.772 — KY Code / Title XXVI / Chapter 311 / Section 311.772
311.772 Definitions for section -- Prohibition against intentional termination of life of an unborn human being -- When section takes effect -- Penalties not to apply to pregnant woman -- Contraception -- Appropriation of Medicaid funds
Status: in_force

311.772 Definitions for section -- Prohibition against intentional termination of life

of an unborn human being -- When section takes effect -- Penalties not to

apply to pregnant woman -- Contraception -- Appropriation of Medicaid

funds.

(1) As used in this section:

(a) "Fertilization" means that point in time when a male human sperm penetrates

the zona pellucida of a female human ovum;

(b) "Pregnant" means the human female reproductive condition of having a living

unborn human being within her body throughout the entire embryonic and

fetal stages of the unborn child from fertilization to full gestation and

childbirth; and

(c) "Unborn human being" means an individual living member of the species

homo sapiens throughout the entire embryonic and fetal stages of the unborn

child from fertilization to full gestation and childbirth.

(2) The provisions of this section shall become effective immediately upon, and to the

extent permitted, by the occurrence of any of the following circumstances:

(a) Any decision of the United States Supreme Court which reverses, in whole or

in part, Roe v. Wade, 410 U.S. 113 (1973), thereby restoring to the

Commonwealth of Kentucky the authority to prohibit abortion; or

(b) Adoption of an amendment to the United States Constitution which, in whole

or in part, restores to the Commonwealth of Kentucky the authority to prohibit

abortion.

(3) (a) Except as provided in KRS 311.723, no person may knowingly:

1. Administer to, prescribe for, procure for, or sell to any pregnant woman

any medicine, drug, or other substance with the specific intent of

causing or abetting the termination of the life of an unborn human being;

or

2. Use or employ any instrument or procedure upon a pregnant woman

with the specific intent of causing or abetting the termination of the life

of an unborn human being.

(b) Any person who violates paragraph (a) of this subsection shall be guilty of a

Class D felony.

(4) The following shall not be a violation of subsection (3) of this section:

(a) For a licensed physician to perform a medical procedure necessary in

reasonable medical judgment to prevent the death or substantial risk of death

due to a physical condition, or to prevent the 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 human being in a manner

consistent with reasonable medical practice; or

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

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

being.

(5) Nothing in this section may be construed to subject the pregnant mother upon

whom any abortion is performed or attempted to any criminal conviction and

penalty.

(6) Nothing in this section may be construed to prohibit the sale, use, prescription, or

administration of a contraceptive measure, drug, or chemical, if it is administered

prior to the time when a pregnancy could be determined through conventional

medical testing and if the contraceptive measure is sold, used, prescribed, or

administered in accordance with manufacturer instructions.

(7) The provisions of this section shall be effective relative to the appropriation of

Medicaid funds, to the extent consistent with any executive order by the President

of the United States, federal statute, appropriation rider, or federal regulation that

sets forth the limited circumstances in which states must fund abortion to remain

eligible to receive federal Medicaid funds pursuant to 42 U.S.C. sec. 1396 et seq.