KY HB3 | 2022 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Republican 59-0)
Status: Passed on April 14 2022 - 100% progression
Action: 2022-04-14 - delivered to Secretary of State (Acts Ch. 210)
Text: Latest bill text (Chaptered) [PDF]
Spectrum: Partisan Bill (Republican 59-0)
Status: Passed on April 14 2022 - 100% progression
Action: 2022-04-14 - delivered to Secretary of State (Acts Ch. 210)
Text: Latest bill text (Chaptered) [PDF]
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.
Title
AN ACT relating to public health and declaring an emergency.
Sponsors
Roll Calls
2022-04-13 - Senate - Senate: Third Reading RSN# 2353 (Y: 31 N: 6 NV: 0 Abs: 1) [PASS]
2022-04-13 - House - House: Veto Override RCS# 541 (Y: 76 N: 21 NV: 0 Abs: 3) [PASS]
2022-03-29 - House - House: Third Reading RCS# 445 (Y: 74 N: 19 NV: 0 Abs: 7) [PASS]
2022-03-29 - House - House: Concur SFA 3 RCS# 444 (Y: 74 N: 18 NV: 0 Abs: 8) [PASS]
2022-03-29 - Senate - Senate: Third Reading RSN# 2249 (Y: 29 N: 0 NV: 0 Abs: 9) [PASS]
2022-03-29 - Senate - Senate: Adopt Adopt sfa1 RSN# 2248 (Y: 9 N: 26 NV: 0 Abs: 3) [FAIL]
2022-03-02 - House - House: Third Reading RCS# 204 (Y: 77 N: 20 NV: 0 Abs: 3) [PASS]
2022-03-02 - House - House: Adopt HFA 3 RCS# 203 (Y: 22 N: 64 NV: 0 Abs: 14) [FAIL]
2022-03-02 - House - House: Adopt HFA 5 RCS# 202 (Y: 24 N: 68 NV: 0 Abs: 8) [FAIL]
2022-04-13 - House - House: Veto Override RCS# 541 (Y: 76 N: 21 NV: 0 Abs: 3) [PASS]
2022-03-29 - House - House: Third Reading RCS# 445 (Y: 74 N: 19 NV: 0 Abs: 7) [PASS]
2022-03-29 - House - House: Concur SFA 3 RCS# 444 (Y: 74 N: 18 NV: 0 Abs: 8) [PASS]
2022-03-29 - Senate - Senate: Third Reading RSN# 2249 (Y: 29 N: 0 NV: 0 Abs: 9) [PASS]
2022-03-29 - Senate - Senate: Adopt Adopt sfa1 RSN# 2248 (Y: 9 N: 26 NV: 0 Abs: 3) [FAIL]
2022-03-02 - House - House: Third Reading RCS# 204 (Y: 77 N: 20 NV: 0 Abs: 3) [PASS]
2022-03-02 - House - House: Adopt HFA 3 RCS# 203 (Y: 22 N: 64 NV: 0 Abs: 14) [FAIL]
2022-03-02 - House - House: Adopt HFA 5 RCS# 202 (Y: 24 N: 68 NV: 0 Abs: 8) [FAIL]
History
| Date | Chamber | Action |
|---|---|---|
| 2022-04-14 | Senate | delivered to Secretary of State (Acts Ch. 210) |
| 2022-04-14 | Senate | enrolled, signed by President of the Senate |
| 2022-04-14 | Senate | enrolled, signed by Speaker of the House |
| 2022-04-13 | Senate | received in House |
| 2022-04-13 | House | passed 31-6 |
| 2022-04-13 | House | veto overridden |
| 2022-04-13 | House | posted for passage for consideration of Governor's veto |
| 2022-04-13 | House | to Rules (S) |
| 2022-04-13 | House | received in Senate |
| 2022-04-13 | Senate | passed 76-21 |
| 2022-04-13 | Senate | veto overridden |
| 2022-04-13 | Senate | posted for passage for consideration of Governor's veto |
| 2022-04-13 | Senate | taken from Rules |
| 2022-04-13 | Senate | to Rules (H) |
| 2022-04-13 | Senate | received in House |
| 2022-04-08 | House | Vetoed |
| 2022-03-30 | House | delivered to Governor |
| 2022-03-30 | House | enrolled, signed by President of the Senate |
| 2022-03-30 | House | enrolled, signed by Speaker of the House |
| 2022-03-29 | House | passed 74-19 |
| 2022-03-29 | House | House concurred in Senate Committee Substitute (1) and Floor Amendments (2) and (3) |
| 2022-03-29 | House | posted for passage for concurrence in Senate Committee Substitute (1), floor amendments (2) and (3) |
| 2022-03-29 | House | taken from Rules |
| 2022-03-29 | House | to Rules (H) |
| 2022-03-29 | House | received in House |
| 2022-03-29 | Senate | passed 29-0 with Committee Substitute (1) and Floor Amendments (2) and (3) |
| 2022-03-29 | Senate | floor amendment (1) defeated |
| 2022-03-29 | Senate | 3rd reading |
| 2022-03-29 | Senate | floor amendments (4) and (5) filed to Committee Substitute |
| 2022-03-25 | Senate | posted for passage in the Regular Orders of the Day for Tuesday, March 29, 2022 |
| 2022-03-24 | Senate | floor amendments (2) and (3) filed to Committee Substitute |
| 2022-03-24 | Senate | 2nd reading, to Rules |
| 2022-03-23 | Senate | floor amendment (1) filed to Committee Substitute |
| 2022-03-23 | Senate | reported favorably, 1st reading, to Calendar with Committee Substitute (1) |
| 2022-03-08 | Senate | to Health & Welfare (S) |
| 2022-03-03 | Senate | to Committee on Committees (S) |
| 2022-03-03 | Senate | received in Senate |
| 2022-03-02 | House | passed 77-20 with Committee Substitute (1) |
| 2022-03-02 | House | floor amendments (3) and (5) defeated |
| 2022-03-02 | House | 3rd reading |
| 2022-03-01 | House | floor amendments (3) (4) and (5) filed to Committee Substitute |
| 2022-03-01 | House | posted for passage in the Regular Orders of the Day for Wednesday, March 02, 2022 |
| 2022-03-01 | House | reported favorably, 2nd reading, to Rules with Committee Substitute (1) |
| 2022-02-28 | House | floor amendments (1) and (2) filed |
| 2022-02-28 | House | returned to Veterans, Military Affairs, & Public Protection (H) |
| 2022-02-28 | House | 1st reading |
| 2022-02-28 | House | taken from Veterans, Military Affairs, & Public Protection (H) |
| 2022-02-23 | House | to Veterans, Military Affairs, & Public Protection (H) |
| 2022-02-09 | House | to Committee on Committees (H) |
| 2022-02-09 | House | introduced in House |
Subjects
Administrative Regulations and Proceedings
Attorney General
Budget and Financial Administration
Cemeteries and Burials
Children and Minors
Cities
Civil Actions
Civil Procedure
Civil Rights
Counties
Courts
Courts, Circuit
Crimes and Punishments
Criminal Procedure
Drugs and Medicines
Effective Dates, Emergency
Embalmers and Funeral Directors
Health and Medical Services
Hospitals and Nursing Homes
Legislative Research Commission
Parental Rights
Pharmacists
Physicians and Practitioners
Reports Mandated
Reproductive Issues
Short Titles and Popular Names
State Agencies
Women
Attorney General
Budget and Financial Administration
Cemeteries and Burials
Children and Minors
Cities
Civil Actions
Civil Procedure
Civil Rights
Counties
Courts
Courts, Circuit
Crimes and Punishments
Criminal Procedure
Drugs and Medicines
Effective Dates, Emergency
Embalmers and Funeral Directors
Health and Medical Services
Hospitals and Nursing Homes
Legislative Research Commission
Parental Rights
Pharmacists
Physicians and Practitioners
Reports Mandated
Reproductive Issues
Short Titles and Popular Names
State Agencies
Women
