Kentucky Pain-Capable Unborn Child Protection Act (HB 215)

HB 215 would have banned abortions after 20 weeks post-fertilization unless, on the physician’s reasonable medical judgment, an abortion is necessary to avert the woman’s death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function.

The bill states that an abortion does not become necessary if the risk of death or a substantial and irreversible physical impairment of a major bodily function arises from a claim or diagnosis that the woman will engage in conduct that may result in her death or in substantial and irreversible physical impairment of a major bodily function.

The bill also states that an abortion performed after 20 weeks must be performed in a manner that provides the best opportunity for the “unborn child” to survive, unless in the physician’s reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death or substantial and irreversible physical impairment of a major bodily function than would another method. No such greater risk would exist if it is based on a claim or diagnosis that the woman will engage in conduct which will result in her death or in substantial and irreversible physical impairment of a bodily function.

Physician Reporting Requirements

Abortion providers would have been required to report certain information to the Vital Statistics Branch, including:

• if the determination of probable post-fertilization age was made, what was determined, and how it was determined;
• if a determination of probable post-fertilization age was not made, why not—what was the basis for a determination that a medical emergency existed;
• if the probable post-fertilization age was 20 weeks or more, the basis for a determination that a medical condition necessitated an immediate abortion to avert the woman’s death or serious injury;
• the method used for the abortion;
• if the probable post-fertilization age was 20 weeks or more and an abortion was performed, whether the method performed provided the best opportunity for the “unborn child” to survive, and if not, why not.

Reporting Requirements

By June 30 of each year, the Vital Statistics Branch would have been required to issue a public report providing statistics compiled from all the reports provided by physicians.

STATUS

HB 215 was introduced in 2011 where it died in the Health and Welfare Committee.  It was re-introduced in 2013 where it once again died in the Health and Welfare Committee.  The same bill was introduced in the Senate in 2014 (SB 57).  It passed the Senate but died in the House Health and Welfare Committee.

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