KY House passes pro-life bill that addresses chemical abortions, fetal remains, access for minors

March 3, 2022 | 12:08 am

Updated March 2, 2022 | 10:31 pm

Rep. Kelly Flood, D-Lexington, comments on House Bill 3, a bill regarding abortion, in the House. | Kentucky LRC

The Kentucky House of Representatives on Wednesday passed an omnibus pro-life bill that is referred to as the Humanity in Healthcare Act. The bill includes language that addresses several aspects, including access to medication that induces a chemical abortion, parental consent of minors seeking abortions, and how fetal remains are treated.

House Bill 3, sponsored by Rep. Nancy Tate of Brandenburg, cleared the House with a 77-20 vote.

According to a release from the KY House Majority Office, after a December 2021 policy shift by the Food and Drug Administration, “chemical abortions are now readily available through online websites with limited oversight and accountability.”

“Our approach with HB 3 is grounded in not only fact, but also compassion and a genuine concern for public health,” Tate said. “This bill would ensure that women have the information they need to make one of the most difficult decisions of their lives. Why would anyone want to limit access to information about complications that could arise from chemical abortions?” 

Specifically, HB 3 would require that a medical provider examine the patient in person and establish guidelines for what the examination includes. Physicians must also schedule a follow-up appointment and show reasonable efforts were made to provide follow-up care if the patient does not return. 

Under HB 3, those who do not inform or examine the patient prior to the abortion could be subject to a medical malpractice lawsuit. The measure also calls for the Kentucky Board of Pharmacy to create the Kentucky Abortion-Inducing Drug Certification Program, which would focus on ensuring that physicians who prescribe medication to induce a chemical abortion have proper credentials and a signed contract with another physician who can handle any medical complications that arise.

The omnibus measure also addresses the issue of parental consent. The bill states that attempts must be made to contact both parents of minors seeking abortions, whereas existing state law only requires the approval of one legal guardian. The amendment also prevents physicians from delegating the responsibility of acquiring parental consent to another individual. 

In addition, HB 3 raises the standard to acquire a judicial bypass. The measure establishes if one of the patient’s legal guardians is unable to sign off, the physician can bypass their consent with judicial concurrence. The court must consider the minor’s age, stability, credibility, demeanor, ability to assess responsibility for life-impacting consequences, the reason for needing an abortion, and the possibility of influence and pressure, as well as confirming that the pregnancy is not a result of abuse by the parent or guardian. 

HB 3 also addresses how fetal remains are treated. The bill would require that parents receive notice of their right to take responsibility or relinquish their child’s remains within 24 hours of the procedure. Under Tate’s proposal, babies’ remains cannot be treated as pathological waste, disposed of as medical waste, or sold.

The bill also includes language that would prevent state dollars or federal bypass funds from being directly or indirectly used to fund abortions, essentially establishing a state version of the Hyde Amendment.  

March 3, 2022 | 12:08 am

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