KRS § 213.172 — KY Code / Title XVIII / Chapter 213 / Section 213.172
213.172 Report on prescriptions for abortion-inducing drugs -- Failure to comply -- Administrative regulations
Status: in_force

213.172 Report on prescriptions for abortion-inducing drugs -- Failure to

comply -- Administrative regulations.

(1) Each prescription dispensed by a pharmacy for RU-486, cytotec, pitocin,

mifeprex, misoprostol, or any other drug or combination of drugs for which the

primary indication is the induction of abortion as defined in KRS 213.011 shall

be reported to the Vital Statistics Branch within three (3) days after the end of

the month in which the prescription was dispensed, but the report shall not

include information which will identify the pregnant patient involved or anyone

who may have picked up the dispensed prescription on behalf of the woman.

(2) The report shall include at a minimum:

(a) The full name and address of the pharmacist or pharmacy dispensing the

prescription;

(b) The names, serial numbers, National Drug Codes, lot numbers, and

expiration dates of the specific abortion-inducing drugs that were

dispensed;

(c) The full name and address of the referring physician, agency, or service,

if any;

(d) The pregnant patient's city or town, county, state, country of residence,

and zip code;

(e) The pregnant patient's age, race, and ethnicity;

(f) The age or approximate age of the father, if known;

(g) A list of any pre-existing medical conditions of the pregnant patient that

may complicate her pregnancy, if any, including hemorrhage, infection,

uterine perforation, cervical laceration, retained products, or any other

condition;

(h) Whether the pregnant patient was Rh negative and, if so, was provided

with an Rh negative information fact sheet and treated with the prevailing

medical standard of care to prevent harmful fetal or child outcomes or Rh

incompatibility in future pregnancies; and

(i) The reason for the abortion, if known, including abuse, coercion,

harassment, or trafficking.

(3) The report shall not contain:

(a) The name of the pregnant patient;

(b) Common identifiers such as a Social Security number and motor vehicle

operator's license number; and

(c) Any other information or identifiers that would make it possible to

ascertain the patient's identity.

(4) The name of the person completing the report and the reporting institution shall

not be subject to disclosure under KRS 61.870 to 61.884.

(5) (a) Any person or institution who fails to submit a report by the end of thirty

(30) days following the due date set in subsection (1) of this section shall

be subject to a late fee of five hundred dollars ($500) for each additional

thirty (30) day period or portion of a thirty (30) day period the report is

overdue.

(b) Any person or institution who fails to submit a report, or who has

submitted only an incomplete report, more than one (1) year following the

due date set in subsection (1) of this section, may in a civil action brought

by the Vital Statistics Branch be directed by a court of competent

jurisdiction to submit a complete report within a time period stated by

court order or be subject to contempt of court.

(c) Failure by any pharmacist or pharmacy to comply with the requirements

of this section, other than filing a late report, or to submit a complete

report in accordance with a court order shall subject the pharmacist or

pharmacy to KRS 315.121.

(6) Intentional falsification of any report required under this section is a Class A

misdemeanor.

(7) The Vital Statistics Branch shall promulgate administrative regulations in

accordance with KRS Chapter 13A to assist in compliance with this section.