HB 3 Kentucky House · 2022 Regular Session

AN ACT relating to public health and declaring an emergency.

Summary
Amend KRS 311.732, relating to performance of an abortion upon a minor, to require the informed written consent of a parent or legal guardian to include a copy of that parent's or legal guardian's government-issued identification and parent's or legal guardian's documentation; require government-issued identification for the minor; require notification to other parent with joint or physical custody with exceptions; require the physician to keep a copy of the informed written consent for at least 7 years; require the physician to execute an affidavit; require additional criteria and standards for when a court determines whether to allow a minor to self-consent to an abortion; require the court hearing to remain confidential and be held in a private, informal setting within the courthouse; require, in the case of a medical emergency, for the physician to notify the parent or legal guardian within 24 hours of the abortion; require report to the cabinet; amend KRS 311.595 to allow the Kentucky Board of Medical Licensure to suspend or revoke the license of any physician for violations; amend KRS 311.990 to establish criminal penalties for violations; establish penalties for a person who violates Section 5 to 11 of this Act; amend KRS 213.101 to expand the statistical reporting system for abortions; require the Vital Statistics Branch report to include verification of compliance with the certification requirement of KRS 311.727; add required reporting items; require the Inspector General, Cabinet for Health and Family Services, to audit reporting; prohibit the audit from including personally identifying information of any pregnant woman upon whom an abortion was performed or attempted; specify that any personally identifying information viewed or recorded by the Inspector General in conducting the audit is not subject to the Open Records Act; require an annual report to be submitted including findings from the audit and abortion facility inspections to the General Assembly and the Attorney General; require an annual in-person report to be presented to the Interim Joint Committee on Health, Welfare, and Family Services; create new sections of KRS 311.710 to 311.820 to define terms; prohibit abortion-inducing drugs from being provided outside of required procedures or by courier, delivery, or mail service; establish requirements for qualified physician providing abortion-inducing drugs; require informed consent by patient for being provided abortion-inducing drugs; list requirements for informed consent form; require each abortion-inducing drug provided to be reported to the Cabinet for Health and Family Services on a report form; list requirements for report form; require report to the cabinet of treatment for adverse event or complication related to a drug-induced abortion; list requirements for report; prohibit provisions from being construed as creating or recognizing a right to abortion, making lawful an abortion that is otherwise unlawful, or overriding any existing laws; prohibit the provision of abortion-inducing drugs in any school facility or on state grounds; provide additional remedies to comply with Sections 5 to 11 of this Act; create new sections of KRS Chapter 213 to require the cabinet to publish information about the potential ability to reverse the effects of abortion-inducing drugs; require the cabinet to create and distribute the consent forms and reporting forms for abortion-inducing drugs; require the cabinet to keep reported data confidential; require the cabinet to communicate reporting requirements to required reporters; create new sections of KRS Chapter 315 to require the Board of Pharmacy to create a certification program for the distribution of abortion-inducing drugs; require physicians, manufacturers, and distributors to be certified; establish requirements for certification; require the board to enforce certification requirements; require the board to develop a complaint portal for violations and review complaints; amend KRS 213.081 to include fetal remains and to prohibit simultaneous cremations of fetal remains; amend KRS 213.096 to include abortions on the combination birth-death certificate; create a new section of KRS 311.710 to 311.820 to define "fetal remains," require within 24 hours before a surgical or chemical abortion the health care facility or abortion clinic to inform the parents both orally and in writing of their rights to determine the final disposition of the fetal remains; if a chemically induced abortion, inform the mother she may expect to expel a fetus after leaving the facility and she may return the remains to the facility for final disposition; require the parents to inform the facility of their choice for the disposition of the fetal remains; amend KRS 367.97501 to exclude fetal remains from the definition of “pathological waste”; amend KRS 311.715 to provide that public agency funds shall not be paid to any entity, organization, or individual that performs, induces, refers for, or counsels in favor of abortions; establish exceptions; create new sections of KRS 311.710 to 311.820 to require reporting to the cabinet information about complications, medical treatment, or death related to an abortion; permit the General Assembly to appoint members who sponsored or cosponsored this Act to intervene in any case to which the constitutionality is challenged; require provisions of this Act to be severable; amend KRS 311.774 to reporting requirements for adverse events or complications; amend KRS 311.783 to add reporting requirement; amend KRS 315.990 to add penalty for violation of pharmacy certification program; establish short title; EMERGENCY.
Bill status signed all 5 stages cleared
Introduction
Feb 2022
Committee Review
Apr 2022
House Passage
Apr 2022
Senate Passage
Apr 2022
Signed into Law
Apr 2022
Introduced Feb 9, 2022 Signed Apr 14, 2022
Floor votes · House Mar 2, 2022

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
47
Key actions
14
Committee
11
Amendments
5
Apr 14, 2022
Upper · Passed
enrolled, signed by President of the Senate
upper
Apr 14, 2022
Lower · Passed
enrolled, signed by Speaker of the House
lower
Apr 13, 2022
Lower · Passed
passed 31-6
lower
Apr 13, 2022
Committee
to Rules (S)
upper
Apr 13, 2022
Lower · Passed
passed 76-21
lower
Apr 13, 2022
Vetoed
veto overridden
lower
Apr 13, 2022
Vetoed
posted for passage for consideration of Governor's veto
lower
Apr 13, 2022
Committee
to Rules (H)
lower
Apr 8, 2022
Vetoed
Vetoed
lower
Mar 30, 2022
Upper · Passed
enrolled, signed by President of the Senate
upper
Mar 30, 2022
Lower · Passed
enrolled, signed by Speaker of the House
lower
Mar 29, 2022
Lower · Passed
passed 74-19
lower
Mar 29, 2022
Lower · Passed
House concurred in Senate Committee Substitute (1) and Floor Amendments (2) and (3)
lower
Mar 29, 2022
Lower · Passed
posted for passage for concurrence in Senate Committee Substitute (1), floor amendments (2) and (3)
lower
Mar 29, 2022
Committee
to Rules (H)
lower
Mar 29, 2022
Lower · Passed
passed 29-0 with Committee Substitute (1) and Floor Amendments (2) and (3)
lower
Mar 29, 2022
Introduced
floor amendments (4) and (5) filed to Committee Substitute
lower
Mar 24, 2022
Introduced
floor amendments (2) and (3) filed to Committee Substitute
lower
Mar 23, 2022
Introduced
floor amendment (1) filed to Committee Substitute
lower
Mar 23, 2022
Lower · Passed
reported favorably, 1st reading, to Calendar with Committee Substitute (1)
lower
Mar 8, 2022
Committee
to Health & Welfare (S)
upper
Mar 3, 2022
Committee
to Committee on Committees (S)
upper
Mar 2, 2022
Lower · Passed
passed 77-20 with Committee Substitute (1)
lower
Mar 1, 2022
Introduced
floor amendments (3) (4) and (5) filed to Committee Substitute
lower
Mar 1, 2022
Lower · Passed
reported favorably, 2nd reading, to Rules with Committee Substitute (1)
lower
Feb 28, 2022
Introduced
floor amendments (1) and (2) filed
lower
Feb 23, 2022
Committee
to Veterans, Military Affairs, & Public Protection (H)
lower
Feb 9, 2022
Committee
to Committee on Committees (H)
lower
Feb 9, 2022
Introduced
introduced in House
lower
55 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Adam Bowling
Adam Bowling
RRepublican
KY
87
P
Photo of Bart Rowland
Bart Rowland
RRepublican
KY
21
P
Photo of Bill Wesley
Bill Wesley
RRepublican
KY
91
P
Photo of Bobby McCool
Bobby McCool
RRepublican
KY
97
P
Photo of Brandon Reed
Brandon Reed
RRepublican
KY
24
P
Photo of C. Ed Massey
C. Ed Massey
RRepublican
KY
66
P
Photo of Chad McCoy
Chad McCoy
RRepublican
KY
50
P
Photo of Chris Freeland
Chris Freeland
RRepublican
KY
6
P
Photo of Chris Fugate
Chris Fugate
RRepublican
KY
84
P
Photo of D.J. Johnson
D.J. Johnson
RRepublican
KY
13
P
Photo of Dan Fister
Dan Fister
RRepublican
KY
56
P
Photo of Daniel Elliott
Daniel Elliott
RRepublican
KY
54
P
Photo of Danny Bentley
Danny Bentley
RRepublican
KY
98
P
Photo of David Hale
David Hale
RRepublican
KY
74
P
Photo of David Meade
David Meade
RRepublican
KY
80
P
Photo of James Tipton
James Tipton
RRepublican
KY
53
P
Photo of Jason Petrie
Jason Petrie
RRepublican
KY
16
P
Photo of Jennifer Decker
Jennifer Decker
RRepublican
KY
58
P
Photo of Jim DuPlessis
Jim DuPlessis
RRepublican
KY
25
P
Photo of Jim Gooch
Jim Gooch
RRepublican
KY
12
P
Photo of John Blanton
John Blanton
RRepublican
KY
92
P
Photo of Joseph M. Fischer
Joseph M. Fischer
RRepublican
KY
68
P
Photo of Josh Branscum
Josh Branscum
RRepublican
KY
83
P
Photo of Josh Bray
Josh Bray
RRepublican
KY
71
P
Photo of Josh Calloway
Josh Calloway
RRepublican
KY
10
P
Photo of Kevin Bratcher
Kevin Bratcher
RRepublican
KY
29
P
Photo of Kim King
Kim King
RRepublican
KY
55
P
Photo of Kim Moser
Kim Moser
RRepublican
KY
64
P
Photo of Mark Hart
Mark Hart
RRepublican
KY
78
P
Photo of Mary Beth Imes
Mary Beth Imes
RRepublican
KY
5
P
Photo of Matt Lockett
Matt Lockett
RRepublican
KY
39
P
Photo of Melinda Gibbons Prunty
Melinda Gibbons Prunty
RRepublican
KY
15
P
Photo of Nancy Tate
Nancy Tate
RRepublican
KY
27
P
Photo of Norma Kirk-McCormick
Norma Kirk-McCormick
RRepublican
KY
93
P
Photo of Patrick Flannery
Patrick Flannery
RRepublican
KY
96
P
Photo of Phillip Pratt
Phillip Pratt
RRepublican
KY
62
P
Photo of Randy Bridges
Randy Bridges
RRepublican
KY
3
P
Photo of Regina Huff
Regina Huff
RRepublican
KY
82
P
Photo of Richard Heath
Richard Heath
RRepublican
KY
2
P
Photo of Russell Webber
Russell Webber
RRepublican
KY
26
P
Photo of Ryan Dotson
Ryan Dotson
RRepublican
KY
73
P
Photo of Sal Santoro
Sal Santoro
RRepublican
KY
60
P
Photo of Samara Heavrin
Samara Heavrin
RRepublican
KY
18
P
Photo of Savannah Maddox
Savannah Maddox
RRepublican
KY
61
P
Photo of Scott Lewis
Scott Lewis
RRepublican
KY
14
P
Photo of Shane Baker
Shane Baker
RRepublican
KY
85
P
Photo of Shawn McPherson
Shawn McPherson
RRepublican
KY
22
P
Photo of Steve Riley
Steve Riley
RRepublican
KY
23
P
Photo of Steve Sheldon
Steve Sheldon
RRepublican
KY
17
P
Photo of Steven Rudy
Steven Rudy
RRepublican
KY
1
P
Photo of Suzanne Miles
Suzanne Miles
RRepublican
KY
7
P
Photo of Thomas Huff
Thomas Huff
RRepublican
KY
49
P
Photo of Tom Smith
Tom Smith
RRepublican
KY
86
P
Photo of Walker Thomas
Walker Thomas
RRepublican
KY
8
P
Photo of William Lawrence
William Lawrence
RRepublican
KY
70