Kentucky ‘Human Rights of the Unborn Child and Anti-Discrimination Act’ (HB 5)

This law was last updated on Apr 11, 2019

State

Kentucky

Number

HB 5

Status

Blocked/Enjoined

Proposed

Jan 10, 2019

Topics

Genetic Anomalies, Informed Consent, Physicians Reporting Requirements, Reporting Requirements, Sex- or Race-Selective Bans

Full Bill Text

apps.legislature.ky.gov

HB 5 makes it a felony to perform, induce, or attempt to perform or induce an abortion on a pregnant person if the person performing the procedure has knowledge that the pregnant person is seeking the abortion, in whole or in part, because of any of the following:

the sex of the fetus;
the race, color, or national origin of the fetus; or
the diagnosis, or potential diagnosis, of Down syndrome or any other disability.

This does not apply in the case of a medical emergency.

The law defines “any other disability” to mean any disease, defect, or disorder, whether or not genetically inherited. The law clarifies that the term does not include a lethal fetal anomaly.

The State Board of Medical Licensure will revoke a physician’s license to practice medicine in Kentucky if the physician violates this provision. The Cabinet for Health and Family Services will revoke the license of any person, including a licensed abortion facility, who violates this provision.

Informed Consent Requirements

At least 24 hours prior to the abortion, in an individual, private setting, a physician, licensed nurse, physician assistant, or social worker to whom the responsibility has been delegated by the physician must inform the pregnant person that it is illegal in the state of Kentucky to perform an abortion, in whole or in part, because of any of the following:

the sex of the fetus;
the race, color, or national origin of the fetus; or
the diagnosis, or potential diagnosis, of Down syndrome or any other disability.

Reporting Requirements

The law requires the attending physician to certify in writing whether the attending physician had knowledge that the pregnant person was seeking the abortion, in whole or in part, due to the sex, race, or potential diagnosis of a disability.

Latest Action

1/10/19 – Introduced.

2/26/19 – Passed the House by a 67-25 vote.

3/13/19 – Passed the Senate by a 32-4 vote.

3/19/19 – Signed into law by Gov. Matt Bevin (R).

3/20/19 – Temporarily blocked in federal court.