housing , and certainly with support services .
Kentucky doctors may not be able to refer patients requesting abortion to local gynecologists and clinics . Still , there are important services the physician can provide for the patient . This includes supportive and informed decision counseling and information on referral services . We may be restricted under new judicial and legislative restrictions , but we can remain advocates for evidence-based women ’ s health care .
References
1
AMA : Council on ethical and judicial affairs . Amendment to Opinion 4.2.7 , Abortion H-140.823 , Modified 2022
2
ACOG : Restrictions to comprehensive reproductive health care . Position Statement . American College of Obstetricians and Gynecologists . Reaffirmed April 2023
3
ACP : Serchen J , Erickson , BAS , Hilden , D . Reproductive health policy in the united states : An American College of Physicians Policy Brief , March 2023
4
AAFP : Reproductive and maternity health services . American Academy of Family Physicians . September 2022
5
AAP : AAP Supports adolescents ’ right to comprehensive , confidential reproductive health care . American Academy of Pediatrics . Release 6 / 24 / 2022
6
Grossman D , Joffe C , Kaller S et al . Care Post-Roe : Documenting cases of poor-quality care since the Dobbs decision . ANSIRH , May 2023
7
Schummers L , Darling EK , Dunn S , McGrail K , Gayowsky A , Law MR , Laba TL , Kaczorowski J , Norman WV . Abortion Safety and Use with Normally Prescribed Mifepristone in Canada . N Engl J Med . 2022 Jan 6 ; 386 ( 1 ): 57-67 .
8
Kapp N , Lohr PA . Modern methods to induce abortion : Safety , efficacy and choice . Best Pract Res Clin Obstet Gynaecol . 2020 Feb ; 63:37-44 .
9
French V , Perruccci A , Counseling in abortion care . UpToDate May 10 , 2023
10
Kentucky Reproductive Freedom Fund , https :// www . kyrff . com / doctors-not-doctrine ( last accessed Aug 10 , 2023
Dr . Tom James has been a long-time member of GLMS . He is in the part-time practice of internal medicine and pediatrics .
Ky . Rev . Stat . § 311.772
Section 311.772 - Prohibition against intentional termination of life of an unborn human being - Definitions - When section takes effect - Penalties not to apply to pregnant woman - Contraception - Appropriation of Medicaid funds
( 1 ) As used in this section :
( a ) " Fertilization " means that point in time when a male human sperm penetrates the zona pellucida of a female human ovum ;
( b ) " Pregnant " means the human female reproductive condition of having a living unborn human being within her body throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth ; and
( c ) " Unborn human being " means an individual living member of the species homo sapiens throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth .
( 2 ) The provisions of this section shall become effective immediately upon , and to the extent permitted , by the occurrence of any of the following circumstances :
( a ) Any decision of the United States Supreme Court which reverses , in whole or in part , Roe v . Wade , 410 U . S . 113 ( 1973 ), thereby restoring to the Commonwealth of Kentucky the authority to prohibit abortion ; or
( b ) Adoption of an amendment to the United States Constitution which , in whole or in part , restores to the Commonwealth of Kentucky the authority to prohibit abortion .
( 3 ) ( a ) No person may knowingly :
1 . Administer to , prescribe for , procure for , or sell to any pregnant woman any medicine , drug , or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being ; or
2 . Use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being .
( b ) Any person who violates paragraph ( a ) of this subsection shall be guilty of a Class D felony .
( 4 ) The following shall not be a violation of subsection ( 3 ) of this section :
( a ) For a licensed physician to perform a medical procedure necessary in reasonable medical judgment to prevent the death or substantial risk of death due to a physical condition , or to prevent the serious , permanent impairment of a life-sustaining organ of a pregnant woman . However , the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of the unborn human being in a manner consistent with reasonable medical practice ; or
( b ) Medical treatment provided to the mother by a licensed physician which results in the accidental or unintentional injury or death to the unborn human being .
( 5 ) Nothing in this section may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty .
( 6 ) Nothing in this section may be construed to prohibit the sale , use , prescription , or administration of a contraceptive measure , drug , or chemical , if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold , used , prescribed , or administered in accordance with manufacturer instructions .
( 7 ) The provisions of this section shall be effective relative to the appropriation of Medicaid funds , to the extent consistent with any executive order by the President of the United States , federal statute , appropriation rider , or federal regulation that sets forth the limited circumstances in which states must fund abortion to remain eligible to receive federal Medicaid funds pursuant to 42 U . S . C . secs . 1396 et seq .
KRS 311.772 Added by 2019 Ky . Acts ch . 152 ,§ 1 , eff . 6 / 26 / 2019 .
As to the effective date enumerated in subsection ( 2 ) of this section , see Dobbs v . Jackson Women ' s Health Organization , 597 U . S . __ ( 2022 ), overruling Roe v . Wade , 410 U . S . 113 ( 1973 ).
SECOND OPINION
October 2023 31