Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 213.101, 213.106, 213.172, 311.595, 311.720,
311.774, 311.781, 311.782, 311.783
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires
the secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to protect, develop, and maintain the
health, personal dignity, integrity, and sufficiency of Kentucky citizens and
to operate programs and fulfill the responsibilities vested in the cabinet. KRS 213.101(1) requires each abortion that occurs in the commonwealth to be
reported to the Office of Vital Statistics. KRS 213.101(10) requires the Office
of Vital Statistics to promulgate administrative regulations to assist in
compliance with that statute. KRS 213.172(1) requires that each prescription
dispensed for which the primary indication is the induction of abortion be
reported to the Vital Statistics Branch within three (3) days after the end of
the month in which the prescription was dispensed. This administrative
regulation establishes the reporting criteria for abortions.
Section 1. Definitions.
(1) "Abortion" is defined by KRS 311.720(1).
(2) "Probable
post-fertilization age" is defined by KRS 311.781(6).
(3) "Reasonable medical judgment" is defined
by KRS 311.781(7).
(4) "Serious
risk of the substantial and irreversible impairment of a major bodily function"
is defined by KRS 311.781(8).
Section
2. Reporting.
(1) A person or
institution shall comply with the reporting requirements of KRS 213.101(1) and (2).
(2) The report shall be filed
irrelevant of the gestational age or probable post-fertilization age of the
fetus at the time of the abortion.
(3) The report shall be made within three (3)
days after the end of the month in which the abortion was performed through the
cabinet's electronic database or on VS-913, Report of Abortion.
(4) The report shall:
(a) Contain the information required to be
certified in writing including the following:
1. The probable post-fertilization age of the
unborn child;
2. Whether the
abortion was necessary to prevent the death of the pregnant woman or to avoid a
serious risk of the substantial and irreversible impairment of a major bodily
function of the pregnant woman;
3.
The available methods or techniques considered and the reasons for choosing the
method or technique employed;
4.
Whether the physician determined in his or her reasonable medical judgment that
termination of the pregnancy in the manner selected provides the best
opportunity for the unborn child to survive;
5. If the physician did not choose the method
of abortion that provides the best chance of survival for the unborn child,
whether the pregnancy termination in that manner would have posed a greater
risk of death of the pregnant woman or a greater risk of substantial and
irreversible impairment of a major bodily function of the pregnant woman than
other available methods of abortion; and
6. Any complications known to the provider as
a result of the abortion, as established in KRS 311.774(3); and
(b) Not contain information that
identifies the woman or man involved.
(5) Pursuant to KRS 213.106, a report shall
be used in accordance with the provisions of KRS 213.101.
Section 3. Prescription Reporting.
(1) In accordance with KRS 213.101(5) and
213.172(1), each prescription for an abortion-inducing drug for which the
primary indication is the induction of abortion shall be reported by the
physician prescribing or dispensing the medicationwithin three (3) days after
the end of the month in which the prescription was issued.
(2) In accordance with KRS 213.172(1), a
pharmacy shall report each drug or combination of drugs for which the primary
indication is the induction of an abortion within three (3) days after the end
of the month in which the prescription was dispensed.
(3) The report shall be made through the
cabinet's electronic database or on VS-913P, Abortion Prescription Reporting
Form.
(4) The report shall:
(a) Contain the drug or combination or drugs
prescribed or dispensed;
(b) The
information required by 2022 Ky. Acts ch. 210; and
(c) Not contain information that identifies
the woman or man involved.
Section 4. Penalties.
(1) Failure to comply with the provisions of
KRS 213.101(1) through (4) shall subject the reporting person or institution to
the penalties provided in KRS 213.101(8) and (9).
(2) Failure to comply with the provisions of
KRS 213.172(1) and (2) shall subject the reporting pharmacist or pharmacy to
the penalties provided in KRS 213.172(5) and (6).
Section 5. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) Form VS-913P, "Abortion
Prescription Reporting Form", 10/2022; and
(b) Form VS-913, "Report of Abortion",
12/2022.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Department for Public Health, first floor, Health Services
Building, 275 East Main Street, Frankfort, Kentucky 40621, Monday through
Friday, 8 a.m. to 4:30 p.m.
(3)
This material may be obtained, subject to applicable copyright law, at
https://chfs.ky.gov/agencies/dph/dehp/vsb/Pages/abreqadr.aspx.
STATUTORY AUTHORITY: KRS 194A.050(1), 213.021, 213.101(1),
(10), 213.172(1), (7)
