KRS § 216B.206 — KY Code / Title XVIII / Chapter 216B / Section 216B.206
216B.206 Eligibility to register as nonsurgical abortion provider -- Requirements for registered physicians
Status: in_force

216B.206 Eligibility to register as nonsurgical abortion provider --

Requirements for registered physicians.

(1) To be eligible to register as a nonsurgical abortion provider, the cabinet shall

require a qualified physician to:

(a) Be licensed to practice medicine and in good standing in Kentucky;

(b) Examine any patient in-person prior to providing abortion-inducing drugs;

(c) Sign an annual "Dispensing Agreement Form," to be developed and

provided by the cabinet, prior to providing abortion-inducing drugs;

(d) Inform the patient of gestational age-specific risks of using

abortion-inducing drugs;

(e) Assess for signs of domestic abuse, reproductive control, human

trafficking, and other signals of coerced abortion, per current state

guidelines;

(f) Inform the patient that studies show babies born following the abortion

reversal process have a rate of birth defects no higher than the general

population;

(g) Inform the patient that studies show that following a reversal process or

otherwise treating a pregnant patient with progesterone during pregnancy

does not lead to increased mortality rates;

(h) Refrain from intentionally or knowingly supplying abortion-inducing drugs

to patients who present with any of the following:

1. Absence of a pregnancy;

2. Being post-seventy (70) days gestation or post-ten (10) weeks of

pregnancy; or

3. Risk factors associated with abortion-inducing drugs, including but

not limited to:

a. A history of ectopic pregnancies;

b. Problems with the adrenal glands near the kidneys;

c. Being treated with long-term corticosteroid therapy;

d. Allergic reactions to abortion-inducing drugs, mifepristone,

misoprostol, or similar drugs;

e. Bleeding problems or taking anticoagulant drug products;

f. Inherited porphyria;

g. An intrauterine device in place; or

h. Being Rh negative, requiring treatment with the prevailing

medical standard of care to prevent harmful fetal or child

outcomes or Rh incompatibility in future pregnancies before

providing abortion-inducing drugs;

(i) Provide or refer for emergency surgical intervention in cases of

incomplete abortion, severe bleeding, or other abortion complications or

adverse events, through maintaining hospital admitting privileges or

entering into a written agreement with an associated physician;

(j) Ensure patient access to medical facilities equipped to provide blood

transfusions and resuscitation or other necessary treatments, if

necessary;

(k) Sign, and ensure that the patient signs, all legally required informed-

consent material, provide the patient with a copy showing both signatures,

and place the original in the patient's medical record and forward to a

certified pharmacy, if appropriate;

(l) Record the serial number, National Drug Code, lot number, and

expiration date from each package of each abortion-inducing drug given

to the patient in the patient's medical record;

(m) Submit a written protocol of how efforts will be made to schedule a

follow-up appointment with the patient within fourteen (14) days to ensure

a completed abortion;

(n) Submit a written protocol of how complications or adverse events will be

handled by the registered physician and submit a copy of a signed

contract with an associated physician credentialed to handle certain

complications if necessary;

(o) Abide by all applicable state and federal laws regarding medical records

retention, confidentiality, and privacy; and

(p) Agree to follow and document compliance with all other legally required

conditions for performing an abortion in Kentucky.

(2) The cabinet shall require the following of registered physicians:

(a) Maintain hospital admitting privileges at one (1) or more hospitals in the

county or contiguous county where abortion-inducing drugs will be

provided and inform the patient of the hospital or hospitals where the

physician holds admitting privileges; or

(b) Enter into a written associated physician agreement as required in KRS

311.7734, with a physician in the county or contiguous county where

abortion-inducing drugs will be provided. The written agreement shall

meet these conditions:

1. A physician who will be providing an abortion-inducing drug shall

notify the patient of the location of the hospital at which the

associated physician has admitting privileges;

2. The physician shall keep, at the location of his or her practice, a

copy of the written agreement;

3. The cabinet shall annually submit a copy of the written agreement to

each hospital located in the county or a county that is contiguous to

the county where abortion-inducing drugs will be provided;

4. The agreement shall be renewed annually; and

5. The agreement shall include a requirement that the physician

provide to the patient, and require the patient to sign, all legally

required informed-consent material.