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Title
AN ACT relating to public health and declaring an emergency.
Summary of Original Version
Amend KRS 311.732, relating to performance of an abortion upon a minor, to require the informed written consent of a parent or legal guardian to include a copy of that parent's or legal guardian's government-issued identification and parent's or legal guardian's documentation; require government-issued identification for the minor; require notification to other parent with joint or physical custody with exceptions; require the physician to keep a copy of the informed written consent for at least 7 years; require the physician to execute an affidavit; require additional criteria and standards for when a court determines whether to allow a minor to self-consent to an abortion; require the court hearing to remain confidential and be held in a private, informal setting within the courthouse; require, in the case of a medical emergency, for the physician to notify the parent or legal guardian within 24 hours of the abortion; require report to the cabinet; amend KRS 311.595 to allow the Kentucky Board of Medical Licensure to suspend or revoke the license of any physician for violations; amend KRS 311.990 to establish criminal penalties for violations; establish penalties for a person who violates Section 5 to 11 of this Act; amend KRS 213.101 to expand the statistical reporting system for abortions; require the Vital Statistics Branch report to include verification of compliance with the certification requirement of KRS 311.727; add required reporting items; require the Inspector General, Cabinet for Health and Family Services, to audit reporting; prohibit the audit from including personally identifying information of any pregnant woman upon whom an abortion was performed or attempted; specify that any personally identifying information viewed or recorded by the Inspector General in conducting the audit is not subject to the Open Records Act; require an annual report to be submitted including findings from the audit and abortion facility inspections to the General Assembly and the Attorney General; require an annual in-person report to be presented to the Interim Joint Committee on Health, Welfare, and Family Services; create new sections of KRS 311.710 to 311.820 to define terms; prohibit abortion-inducing drugs from being provided outside of required procedures or by courier, delivery, or mail service; establish requirements for qualified physician providing abortion-inducing drugs; require informed consent by patient for being provided abortion-inducing drugs; list requirements for informed consent form; require each abortion-inducing drug provided to be reported to the Cabinet for Health and Family Services on a report form; list requirements for report form; require report to the cabinet of treatment for adverse event or complication related to a drug-induced abortion; list requirements for report; prohibit provisions from being construed as creating or recognizing a right to abortion, making lawful an abortion that is otherwise unlawful, or overriding any existing laws; prohibit the provision of abortion-inducing drugs in any school facility or on state grounds; provide additional remedies to comply with Sections 5 to 11 of this Act; create new sections of KRS Chapter 213 to require the cabinet to publish information about the potential ability to reverse the effects of abortion-inducing drugs; require the cabinet to create and distribute the consent forms and reporting forms for abortion-inducing drugs; require the cabinet to keep reported data confidential; require the cabinet to communicate reporting requirements to required reporters; create new sections of KRS Chapter 315 to require the Board of Pharmacy to create a certification program for the distribution of abortion-inducing drugs; require physicians, manufacturers, and distributors to be certified; establish requirements for certification; require the board to enforce certification requirements; require the board to develop a complaint portal for violations and review complaints; amend KRS 213.081 to include fetal remains and to prohibit simultaneous cremations of fetal remains; amend KRS 213.096 to include abortions on the combination birth-death certificate; create a new section of KRS 311.710 to 311.820 to define "fetal remains," require within 24 hours before a surgical or chemical abortion the health care facility or abortion clinic to inform the parents both orally and in writing of their rights to determine the final disposition of the fetal remains; if a chemically induced abortion, inform the mother she may expect to expel a fetus after leaving the facility and she may return the remains to the facility for final disposition; require the parents to inform the facility of their choice for the disposition of the fetal remains; amend KRS 367.97501 to exclude fetal remains from the definition of “pathological waste”; amend KRS 311.715 to provide that public agency funds shall not be paid to any entity, organization, or individual that performs, induces, refers for, or counsels in favor of abortions; establish exceptions; create new sections of KRS 311.710 to 311.820 to require reporting to the cabinet information about complications, medical treatment, or death related to an abortion; permit the General Assembly to appoint members who sponsored or cosponsored this Act to intervene in any case to which the constitutionality is challenged; require provisions of this Act to be severable; amend KRS 311.774 to reporting requirements for adverse events or complications; amend KRS 311.783 to add reporting requirement; amend KRS 315.990 to add penalty for violation of pharmacy certification program; establish short title; EMERGENCY.
Documents
Acts Chapter 210 .pdf (425.23 KB)
Current .pdf (494.48 KB)
Introduced .pdf (444.85 KB)
Index Headings of Original Version
Abortion, upon a minor
Abortion-inducing drug violation, penalties
Abortion, upon a minor
Abortion-inducing drug violation, penalties
Abortion, upon a minor
Abortion-inducing drugs
Abortion, upon a minor
Abortion-inducing drugs
Fetal remains, final disposition
Abortion services, government payments to entities referring or counseling, prohibition
Abortion, upon a minor
Abortion-inducing drug, medical procedure, pregnancy termination
Abortions, reporting
Abortion facility, abortion-inducing drug report, abortion-induced drug procedure, pregnancy
Fetal remains, final disposition
Resolution, appointment of member, constitutional challenge
Abortion reporting requirements, audit
Fetal remains, final disposition, determination
Kentucky Board of Pharmacy, certification program, certification rules, abortion-inducing drugs
Abortion, upon a minor
Physician, abortion-inducing drug, medical procedures, pregnancy termination rules
Abortion reporting requirements, audit
Abortion services, government payments to entities referring or counseling, prohibition
Abortion, upon a minor
Cabinet for Health and Family Services, abortion reporting requirements, consent forms
Kentucky Board of Pharmacy, Kentucky Board of Medical Licensure, abortion-inducing rules
Abortion reporting requirements, audit
Abortion services, government payments to entities referring or counseling, prohibition
Abortion, upon a minor
Kentucky Board of Pharmacy, certification program, certification rules
Abortion reporting audit, report
Abortion services, government payments to entities referring or counseling, prohibition
Fetal remains, final disposition
Abortion reporting requirements, audit
Abortion, upon a minor
Abortion services, government payments to entities referring or counseling, prohibition
Abortion, upon a minor
Abortion, upon a minor
Abortion, rights informed, informed consent acknowledgement
Abortion services, government payments to entities referring or counseling, prohibition
Abortion reporting audit
Humanity in Healthcare Act of 2022
Actions
02/09/22
  • introduced in House
  • to Committee on Committees (H)
02/23/22
  • to Veterans, Military Affairs, & Public Protection (H)
02/28/22
  • taken from Veterans, Military Affairs, & Public Protection (H)
  • 1st reading
  • returned to Veterans, Military Affairs, & Public Protection (H)
  • floor amendments (1) and (2) filed
03/01/22
  • reported favorably, 2nd reading, to Rules with Committee Substitute (1)
  • posted for passage in the Regular Orders of the Day for Wednesday, March 02, 2022
  • floor amendments (3) (4) and (5) filed to Committee Substitute
03/02/22
  • 3rd reading
  • floor amendments (3) and (5) defeated
  • passed 77-20 with Committee Substitute (1)
03/03/22
  • received in Senate
  • to Committee on Committees (S)
03/08/22
  • to Health & Welfare (S)
03/23/22
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
  • floor amendment (1) filed to Committee Substitute
03/24/22
  • 2nd reading, to Rules
  • floor amendments (2) and (3) filed to Committee Substitute
03/25/22
  • posted for passage in the Regular Orders of the Day for Tuesday, March 29, 2022
03/29/22
  • floor amendments (4) and (5) filed to Committee Substitute
  • 3rd reading
  • floor amendment (1) defeated
  • passed 29-0 with Committee Substitute (1) and Floor Amendments (2) and (3)
  • received in House
  • to Rules (H)
  • taken from Rules
  • posted for passage for concurrence in Senate Committee Substitute (1), floor amendments (2) and (3)
  • House concurred in Senate Committee Substitute (1) and Floor Amendments (2) and (3)
  • passed 74-19
03/30/22
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/08/22
  • Vetoed
04/13/22
  • received in House
  • to Rules (H)
  • taken from Rules
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • passed 76-21
  • received in Senate
  • to Rules (S)
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • passed 31-6
  • received in House
04/14/22
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Secretary of State (Acts Ch. 210)
Amendments
House Committee Substitute 1
Amendment
Summary
Retain original provisions, except delete the prohibiton of simultaneous cremation of fetal remains in KRS 213.081; add exemption to KRS 367.97514 for the simultaneous cremation of fetal remains; add exemption to KRS 213.096; make technical correction.
LRC Index Headings
Fetal remains, final disposition
Abortion-inducing drug reporting, reference correction
Fetal remains, final disposition
House Floor Amendment 1
Amendment
Summary
Retain original provisions of the bill; create new sections of KRS Chapters 311, 315, and 213 to exempt various sections of the bill from the provision of any abortion when the life or health of the pregnant person is at risk.
LRC Index Headings
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
House Floor Amendment 2
Amendment
Summary
Retain original provisions of the bill; create new sections of KRS Chapters 311, 315, and 213 to exempt various sections of the bill from the provision of any abortion when the pregnant person is of the Jewish faith.
LRC Index Headings
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
House Floor Amendment 3
Amendment
Summary
Retain original provisions of the bill; create new sections of KRS Chapters 311, 315, and 213 to exempt various sections of the bill from the provision of any abortion when the pregnant person is of the Jewish faith.
LRC Index Headings
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
Abortion, pregnant person, Jewish faith
House Floor Amendment 4
Amendment
Summary
Retain original provisions of the bill; create new sections of KRS Chapters 311, 315, and 213 to exempt various sections of the bill from the provision of any abortion when the life or health of the pregnant person is at risk.
LRC Index Headings
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
Abortion, life or health of pregnant person
House Floor Amendment 5
Amendment
Summary
Retain original provisions of the bill; create new sections of KRS Chapters 311, 315, and 213 to exempt various sections of the bill from the provision of any abortion due to rape or incest.
LRC Index Headings
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Senate Committee Substitute 1
Amendment
Summary
Retain original provisions except to amend preamble; change reporting requirements to the Cabinet for Health and Family Services; modify definition of "abortion-inducing drug"; add definition of "nonsurgical abortion provider"; require physicians to register with the cabinet as nonsurgical abortion providers to provide abortion-inducing drugs; require prescribing purpose on prescriptions; require the cabinet to create a certification program for pharmacies, manufacturers, and distributors of abortion-inducing drugs; require pharmacies and physicians to be certified by the United States Food And Drug Administration to dispense or provide abortion-inducing drugs; make the combination birth-death certificate optional for patients in the case of an abortion; permit transfer of fetal remains; require reporting of the dispensing of a prescription for an abortion-inducing drug to the cabinet; delete provisions for the General Assembly to bring action to enforce this Act; EMERGENCY.
LRC Index Headings
Abortion-inducing drugs
Fetal remains, final disposition
Abortion-inducing drugs, provision
Abortion-inducing drugs, provision
Abortion-inducing drugs, provision
Cabinet for Health and Family Services, regulate, abortion-inducing drugs
Fetal remains, final disposition
Senate Floor Amendment 1
Amendment
Summary
Retain original provisions; create new sections of KRS Chapters 311 and 216B to exempt various sections of the bill from the provision of any abortion due to rape or incest.
LRC Index Headings
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Abortion, exempt rape and incest
Senate Floor Amendment 2
Amendment
Summary
Retain original provisions, except to make technical changes and require the cabinet to create a form for the status of fetal remains resulting from an abortion.
LRC Index Headings
Fetal remains, final disposition
Cabinet for Health and Family Services, regulate abortion
Fetal remains, final disposition
Senate Floor Amendment 3
Amendment
Summary
Create a new section of KRS 311.781 to 311.786 to include declarations of the General Assembly; amend KRS 311.781 to define "gestational age" and "probable gestational age" and redefine "pain-capable unborn child" to change the age from 20 weeks or more 15 weeks or more; create a new section of KRS 311.781 to 311.786 to authorize the Attorney General and the Kentucky Board of Medical Licensure on its own behalf to file an action to enforce or for violation of KRS 311.781 to 311.786; amend KRS 311.782 to prohibit abortion when the probable gestational age is 15 week or more, with specified exceptions; amend KRS 311.783 and 311.787 to conform; establish severability and that nothing in this amendment creates or recognizes a right to abortion.
LRC Index Headings
Abortion, 15-week gestational age, prohibition
Abortion, Board of Medical Licensure, enforcement action, authorization
Abortion, 15-week gestational age, prohibition
Abortion, 15-week gestational age, prohibition
Abortion, enforcement action, authorization
Senate Floor Amendment 4
Amendment
Summary
Retain original provisions of the bill; create a new section of KRS 311.781 to 311.786 to include declarations of the General Assembly; amend KRS 311.781 to define "gestational age" and "probable gestational age" and redefine "pain-capable unborn child" to change the age from 20 weeks or more to 15 weeks or more; create a new section of KRS 311.781 to 311.786 to authorize the Attorney General and the Kentucky Board of Medical Licensure on its own behalf to file an action to enforce or for violation of KRS 311.781 to 311.786; amend KRS 311.782 to prohibit abortion when the probable gestational age is 15 week or more, with specified exceptions; amend KRS 311.783 and 311.787 to conform; establish severability and that nothing in this amendment creates or recognizes a right to abortion; amend KRS 199.896 to provide that the license or certification of a child-care center shall not be refused or revoked for refusing to require facial coverings; create a new section of KRS Chapter 158 to prohibit requiring facial coverings on any public school premises, on school-sponsored transportation, or at a school-sponsored event; create a new section of KRS Chapter 164 to prohibit requiring facial coverings on property owned, leased, or operated by public postsecondary education institutions; provide exceptions for healthcare licensing board requirements imposed prior to January 1, 2020, and clinical research setting; require that individuals be permitted to opt-out of any public school requirement for medical devices and medical procedures and treatments; provide that an individual shall not be required to submit any documentation or certification to opt-out; provide that nothing in the section shall be interpreted to contradict KRS 158.035; provide that postsecondary education institutions may not require individuals to use medical devices and submit to medical procedures and treatments in response to the COVID-19 pandemic on property not used for the delivery of medical services; provide that a postsecondary education institution may implement a requirement for facial coverings that is not responsive to the COVID-19 pandemic; EMERGENCY.
LRC Index Headings
Abortion-inducing drugs
Facial coverings, limited prohibition of requirement, parent opt-out, response to COVID-19 pandemic
Facial coverings, limited prohibition of requirement, response to COVID-19 pandemic
Facial coverings, limited prohibition of requirement, response to COVID-19 pandemic
Abortion 15-week gestational age, prohibition
Abortion, Board of Medical Licensure, enforcement action, authorization
HB 51/GA to HB 3/SCS
Abortion, 15-week gestational age, prohibition
Facial coverings, limited prohibition of requirement, response to COVID-19 pandemic
Abortion, 15-week gestational age, prohibition
Abortion, enforcement action, authorization
Facial coverings, limited prohibition of requirement, parent opt-out, response to COVID-19 pandemic
Senate Floor Amendment 5
Amendment
Summary
Create a new section of KRS Chapter 344 to define terms; prohibit a public entity from requiring an employee to be immunized against disease or provide evidence of immunization status; create a new section of KRS Chapter 446 to require an employer to grant an exemption against immunization against disease based upon religious grounds; establish a cause of action for violation of the requirement.
LRC Index Headings
Employer vaccine mandate, written notice, exceptions
Employer vaccine mandate, religious exception
Immunization status, prohibit vaccine passport, disclosure allowance
Employer vaccine mandate, religious exception
Employer vaccine mandate, written notice, exception
Employer vaccine mandate, religious exception
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