Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 213.011, 213.096
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 operate the programs and fulfill the
responsibilities vested in the cabinet. KRS 213.096(4) requires a person in
charge of an institution or that person's designated representative to complete
a certificate of an abortion if requested by the patient. This administrative
regulation establishes the process for requesting a certificate of an abortion
and incorporates by reference the certificate worksheet form.
Section 1. Definitions.
(1) "Abortion" is defined by KRS 213.011(1).
(2) "Fetal death" is
defined by KRS 213.011(4).
Section
2. Certificate of abortion.
(1)
In accordance with KRS 213.096(4), a patient may request a certificate of
abortion when the abortion is not reported as a stillbirth or fetal
death.
(2) The Abortion Certificate
Worksheet, VS-920A, shall be:
(a) Signed by
the person in charge of the institution or that person's designated
representative; and
(b) Filed with
the state registrar within five (5) working days of the date of
abortion.
(3) The
VS-920A shall not substitute for the Report of Abortion, VS-913, incorporated
by reference in 901 KAR 5:120.
(4)
A registered Certificate of Abortion, VS-920B, shall only be released to:
(a) The individual named as mother on the
certificate; or
(b) The legal
guardian of the individual named as mother on the certificate.
(5) A non-refundable fee of
fifteen (15) dollars shall be paid for the search and certification of abortion
certificate records.
(6) All
personally identifiable information recorded on the VS-920A shall be redacted
prior to release in response to an open records request.
Section 3. Incorporation by Reference.
(1) "Abortion Certificate Worksheet",
VS-920A, 6/2022, is incorporated by reference.
(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),
213.096(4)
