HB3: AN ACT relating to public health and declaring an emergency.

Legislative Summary

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.