KRS § 311.800 — KY Code / Title XXVI / Chapter 311 / Section 311.800
311.800 Abortions in publicly owned hospital or health care facility prohibited -- Exception -- Injunction to enforce compliance -- Abortions in private hospital or health care facility -- Unlawful discriminatory practices
Status: in_force

311.800 Abortions in publicly owned hospital or health care facility prohibited --

Exception -- Injunction to enforce compliance -- Abortions in private hospital

or health care facility -- Unlawful discriminatory practices.

(1) No publicly owned hospital or other publicly owned health care facility shall

perform or permit the performance of abortions, except to save the life of the

pregnant woman.

(2) In the event that a publicly owned hospital or publicly owned health facility is

performing or about to perform an abortion in violation of subsection (1) of this

section, and law enforcement authorities in the county have failed or refused to take

action to stop such a practice, any resident of the county in which the hospital or

health facility is located, may apply to the Circuit Court of that county for an

injunction or other court process to require compliance with subsection (1) of this

section.

(3) No private hospital or private health care facility shall be required to, or held liable

for refusal to, perform or permit the performance of abortion contrary to its stated

ethical policy.

(4) No physician, nurse staff member or employee of a public or private hospital or

employee of a public or private health care facility, who shall state in writing to

such hospital or health care facility his objection to performing, participating in, or

cooperating in, abortion on moral, religious or professional grounds, be required to,

or held liable for refusal to, perform, participate in, or cooperate in such abortion.

(5) It shall be an unlawful discriminatory practice for the following:

(a) Any person to impose penalties or take disciplinary action against, or to deny

or limit public funds, licenses, certifications, degrees, or other approvals or

documents of qualification to, any hospital or other health care facility due to

the refusal of such hospital or health care facility to perform or permit to be

performed, participate in, or cooperate in, abortion by reason of objection

thereto on moral, religious or professional grounds, or because of any

statement or other manifestation of attitude by such hospital or health care

facility with respect to abortion; or,

(b) Any person to impose penalties or take disciplinary action against, or to deny

or limit public funds, licenses, certifications, degrees, or other approvals or

documents of qualification to any physician, nurse or staff member or

employee of any hospital or health care facility, due to the willingness or

refusal of such physician, nurse or staff member or employee to perform or

participate in abortion by reason of objection thereto on moral, religious or

professional grounds, or because of any statement or other manifestation of

attitude by such physician, nurse or staff member or employee with respect to

abortion; or,

(c) Any public or private agency, institution or person, including a medical,

nursing or other school, to deny admission to, impose any burdens in terms of

conditions of employment upon, or otherwise discriminate against any

applicant for admission thereto or any physician, nurse, staff member, student

or employee thereof, on account of the willingness or refusal of such

applicant, physician, nurse, staff member, student or employee to perform or

participate in abortion or sterilization by reason of objection thereto on moral,

religious or professional grounds, or because of any statement or other

manifestation of attitude by such person with respect to abortion or

sterilization if that health care facility is not operated exclusively for the

purposes of performing abortions or sterilizations.