KRS 213.101: Abortion required to be reported to Vital Statistics Branch --

Contents of report -- Public report by Vital Statistics Branch --

Administrative regulations -- Audit by Inspector General.

(1) Each abortion as defined in KRS 213.011 which occurs in the Commonwealth,

regardless of the length of gestation, shall be reported to the Vital Statistics

Branch by the person in charge of the institution within three (3) days after the

end of the month in which the abortion occurred. If the abortion was performed

outside an institution, the attending physician shall prepare and file the report

within three (3) days after the end of the month in which the abortion occurred.

(2) The report shall include all the information the physician is required to certify in

writing or determine under KRS 311.731, 311.732, 311.7704, 311.7705,

311.7706, 311.7707, 311.7735, 311.7736, 311.774, 311.782, and 311.783, and

at a minimum:

(a) The full name and address of the physician who performed the abortion

or provided the abortion-inducing drug as defined in KRS 311.7731;

(b) The address at which the abortion was performed or the address at which

the abortion-inducing drug was provided by a qualified physician, or the

method of obtaining the abortion-inducing drug if not provided by a

qualified physician, including mail order, Internet order, or by a telehealth

provider in which case identifying information for the pharmacy, Web site

address, or the telemedicine provider shall be included;

(c) The names, serial numbers, National Drug Codes, lot numbers, and

expiration dates of the specific abortion-inducing drugs that were provided

to the pregnant patient and the dates each were provided;

(d) The full name and address of the referring physician, agency, or service,

if any;

(e) The pregnant patient's city or town, county, state, country of residence,

and zip code;

(f) The pregnant patient's age, race, and ethnicity;

(g) The age or approximate age of the father, if known;

(h) The total number and dates of each previous pregnancy, live birth, and

abortion of the pregnant patient;

(i) The probable gestational and post-fertilization ages of the unborn child,

the methods used to confirm the gestational and post-fertilization ages,

and the date determined;

(j) A list of any pre-existing medical conditions of the pregnant patient that

may complicate her pregnancy, if any, including hemorrhage, infection,

uterine perforation, cervical laceration, retained products, or any other

condition;

(k) Whether the fetus was delivered alive and the length of time the fetus

survived;

(l) Whether the fetus was viable and, if viable, the medical reason for

termination;

(m) Whether a pathological examination of the fetus was performed;

(n) Whether the pregnant patient returned for a follow-up examination, the

date and results of any such follow-up examination, and what reasonable

efforts were made by the qualified physician to encourage the patient to

reschedule a follow-up examination if the appointment was missed;

(o) Whether the woman suffered any complications or adverse events as

defined in KRS 311.7731 and what specific complications or adverse

events occurred, and any follow-up treatment provided as required by

KRS 311.774;

(p) Whether the pregnant patient was Rh negative and, if so, was provided

with an Rh negative information fact sheet and treated with the prevailing

medical standard of care to prevent harmful fetal or child outcomes or Rh

incompatibility in future pregnancies;

(q) The amount billed to cover the treatment for specific complications or

adverse events, including whether the treatment was billed to Medicaid,

private insurance, private pay, or other method. This should include

ICD-10 codes reported and charges for any physician, hospital,

emergency room, prescription or other drugs, laboratory tests, and any

other costs for treatment rendered;

(r) The reason for the abortion, if known, including abuse, coercion,

harassment, or trafficking; and

(s) Whether the pregnant patient was tested for sexually transmitted

diseases when providing the informed consent required in KRS 311.725

and 311.7735 twenty-four (24) hours before the abortion procedure or

tested at the time of the abortion procedure, and if the pregnant patient

tested positive, was treated or referred for treatment and follow-up care.

(3) The report shall not contain:

(a) The name of the pregnant patient;

(b) Common identifiers such as a Social Security number and motor vehicle

operator's license number; and

(c) Any other information or identifiers that would make it possible to

ascertain the patient's identity.

(4) If a person other than the physician described in this subsection makes or

maintains a record required by KRS 311.732, 311.7704, 311.7705, 311.7706,

or 311.7707 on the physician's behalf or at the physician's direction, that

person shall comply with the reporting requirement described in this subsection

as if the person were the physician.

(5) Each prescription issued for an abortion-inducing drug as defined in KRS

311.7731 for which the primary indication is the induction of abortion as defined

in KRS 213.011 shall be reported to the Vital Statistics Branch within three (3)

days after the end of the month in which the prescription was issued as

required by KRS 311.774, but the report shall not include information which will

identify the woman involved or anyone who may be picking up the prescription

on behalf of the woman.

(6) The name of the person completing the report and the reporting institution shall

not be subject to disclosure under KRS 61.870 to 61.884.

(7) By September 30 of each year, the Vital Statistics Branch shall issue a public

report that provides statistics on all data collected, including the type of

abortion procedure used, for the previous calendar year compiled from all of

the reports covering that calendar year submitted to the cabinet in accordance

with this section for each of the items listed in this section. Each annual report

shall also provide statistics for all previous calendar years in which this section

was in effect, adjusted to reflect any additional information from late or

corrected reports. The Vital Statistics Branch shall ensure that none of the

information included in the report could reasonably lead to the identification of

any pregnant woman upon whom an abortion was performed or attempted.

Each annual report shall be made available on the cabinet's Web site.

(8) (a) Any person or institution who fails to submit a report by the end of thirty

(30) days following the due date set in this section shall be subject to a

late fee of five hundred dollars ($500) for each additional thirty (30) day

period or portion of a thirty (30) day period the report is overdue.

(b) Any person or institution who fails to submit a report, or who has

submitted only an incomplete report, more than one (1) year following the

due date set in this section, may in a civil action brought by the Vital

Statistics Branch be directed by a court of competent jurisdiction to submit

a complete report within a time period stated by court order or be subject

to contempt of court.

(c) Failure by any physician to comply with the requirements of this section,

other than filing a late report, or to submit a complete report in

accordance with a court order shall subject the physician to KRS 311.595.

(9) Intentional falsification of any report required under this section is a Class A

misdemeanor.

(10) The Vital Statistics Branch shall promulgate administrative regulations in

accordance with KRS Chapter 13A to assist in compliance with this section.

(11)(a) The Office of the Inspector General, Cabinet for Health and Family

Services, shall annually audit the required reporting of abortion-related

information to the Vital Statistics Branch in this section and KRS 213.172,

and in so doing, shall function as a health oversight agency of the

Commonwealth for this specific purpose.

(b) The Office of the Inspector General shall ensure that none of the

information included in the audit report could reasonably lead to the

identification of any pregnant woman upon whom an abortion was

performed or attempted.

(c) If any personally identifiable information is viewed or recorded by the

Office of the Inspector General in conducting an audit authorized by this

subsection, the information held by the Inspector General shall not be

subject to the Kentucky Open Records Act, shall be confidential, and shall

only be released upon court order.

(d) The Inspector General shall submit a written report to the General

Assembly and the Attorney General by October 1 of each year. The

reports shall include findings from:

1. The audit required in this subsection, including any identified

reporting deficiencies; and

2. All abortion facility inspections, including any violations of KRS

216B.0431 and 216B.0435.