311.723 When physician may perform abortion -- Guidelines. (1) No abortion shall be performed except by a physician after either: (a) He determines that, in his best clinical judgment, the abortion is necessary; or (b) He receives what he reasonably believes to be a written statement signed by another physician, hereinafter called the "referring physician," certifying that in the referring physician's best clinical judgment the abortion is necessary, and, in addition, he receives a copy of the report form required by KRS 213.101. (2) No abortion shall be performed except in compliance with regulations which the cabinet shall issue to ensure that: (a) Before the abortion is performed, the pregnant woman shall have a private medical consultation either with the physician who is to perform the abortion or with the referring physician in a place, at a time and of a duration reasonably sufficient to enable the physician to determine whether, based upon his best clinical judgment, the abortion is necessary; (b) The physician who is to perform the abortion or the referring physician will describe the basis for his best clinical judgment that the abortion is necessary on a form prescribed by the cabinet as required by KRS 213.101; and (c) Paragraph (a) of this subsection shall not apply when, in the medical judgment of the attending physician based on the particular facts of the case before him, there exists a medical emergency. In such a case, the physician shall describe the basis of his medical judgment that an emergency exists on a form prescribed by the cabinet as required by KRS 213.101. (3) Notwithstanding any statute to the contrary, nothing in this chapter shall be construed as prohibiting a physician from prescribing or a woman from using birth control methods or devices, including, but not limited to, intrauterine devices, oral contraceptives, or any other birth control method or device. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 191, sec. 3, effective June 27, 2019. -- Created 1982 Ky. Acts ch. 342, sec. 3, effective July 15, 1982.
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