Kentucky ‘Sanctuary State for the Unborn Act’ (SB 164)

SB 164 would ban abortion in the state of Kentucky except in cases of rape, incest, and certain medical situations.

The legislative findings of the bill state that “an unborn fetus is a person and should be afforded equal protection under the law.”

The bill would prohibit a person from intentionally performing or inducing an abortion on a pregnant person unless the pregnancy:

• Is the result of rape or incest; or
• Poses a threat to the pregnant person’s life or a serious risk of substantial and irreversible impairment of a major bodily function.

If a pregnancy has been determined to pose a threat to the pregnant person’s life or a serious risk of substantial and irreversible impairment of a major bodily function, a physician would be able to perform or induce an abortion only if their diagnosis is reviewed by a panel of licensed physicians established by the hospital.

This would not apply in cases of medical emergency.

The bill would require any hospital that offers emergency services to:

• Establish a review panel consisting of three licensed physicians with medical specialties in obstetrics and gynecology, pediatrics, and internal medicine;
• Establish protocol for the timely review of all cases in which a physician determines that the pregnant of a person poses a threat to the pregnant person; and
• Ensure that each case is reviewed by the panel within 24 hours.

A physician who violates or fails to comply with this provision would have their medical license revoked for up to five years.

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