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Kentucky Abortion Refusal Clause

This law was last updated on Dec 6, 2016

This law is Anti–Choice




Ky. Rev. Stat. Ann. § 311.800




Conscience and Refusal Clauses, Religious Freedom

Full Bill Text

Kentucky law prohibits private hospitals or private health-care facilities from being required to, or held liable for refusal to, perform or permit the performance of abortion contrary to its stated ethical policy.

In addition, no physician, nurse staff member or employee of a public or private hospital or employee of a public or private health care facility, who states in writing their objection to performing, participating in, or cooperating in, abortion on moral, religious or professional grounds, may be required to, or held liable for refusal to, perform, participate in, or cooperate in such abortion.

The refusal of a person to participate may not be a basis for liability, penalty, disciplinary action, or denial of public funds, licenses, or certifications, and no entity or individual may discriminate in employment or education on these grounds unless it is a health-care facility operated exclusively for the purpose of providing abortion care.

Employment and education discrimination protections also extend to those that refuse to participate in sterilization procedures.

The law, enacted in 1980, does not require refusing individuals or entities to provide notification or referrals to patients seeking abortion services.