KRS 311.7704: Determination of fetal heartbeat -- Medical records -- Option to view

or hear heartbeat -- Administrative regulations -- Persons not in violation.

(1) (a) A person who intends to perform or induce an abortion on a pregnant

woman shall determine whether there is a detectable fetal heartbeat of

the unborn human individual the pregnant woman is carrying. The method

of determining the presence of a fetal heartbeat shall be consistent with

the person's good-faith understanding of standard medical practice,

provided that if administrative regulations have been promulgated under

subsection (2) of this section, the method chosen shall be one that is

consistent with the regulations.

(b) The person who determines the presence or absence of a fetal heartbeat

shall record in the pregnant woman's medical record the estimated

gestational age of the unborn human individual, the method used to test

for a fetal heartbeat, the date and time of the test, and the results of the

test.

(c) The person who performs the examination for the presence of a fetal

heartbeat shall give the pregnant woman the option to view or hear the

fetal heartbeat.

(2) The secretary of the Cabinet for Health and Family Services may promulgate

administrative regulations specifying the appropriate methods of performing an

examination for the purpose of determining the presence of a fetal heartbeat of

an unborn human individual based on standard medical practice. The

regulations shall require only that an examination shall be performed

externally.

(3) A person is not in violation of subsection (1) or (2) of this section if:

(a) The person has performed an examination for the purpose of determining

the presence of a fetal heartbeat of an unborn human individual utilizing

standard medical practice;

(b) The examination does not reveal a fetal heartbeat or the person has been

informed by a physician who has performed the examination for a fetal

heartbeat that the examination did not reveal a fetal heartbeat; and

(c) The person notes in the pregnant woman's medical records the

procedure utilized to detect the presence of a fetal heartbeat.