{"data":{"id":"us-ky/krs-213.101","jurisdiction":"us-ky","citation":"KRS 213.101","heading":"Abortion required to be  reported to Vital Statistics Branch  --","body":"Contents  of report -- Public report by  Vital Statistics Branch  --\nAdministrative regulations -- Audit by Inspector General.\n(1) Each abortion as defined in KRS  213.011 which occurs in the Commonwealth,\nregardless of the length of gestation, shall be reported to the Vital Statistics\nBranch by the person in charge of the institution within three (3) days after the\nend of the month in which the abortion occurred. If the abortion was performed\noutside an institution, the attending physician shall prepare and file the report\nwithin three (3) days after the end of the month in which the abortion occurred.\n(2) The report shall include all the information the physician is required to certify in\nwriting or determine under KRS  311.731, 311.732, 311.7704, 311.7705,\n311.7706, 311.7707, 311.7735, 311.7736, 311.774, 311.782, and 311.783, and\nat a minimum:\n(a) The full name  and address of the physician who performed the abortion\nor provided the abortion-inducing drug as defined in KRS 311.7731;\n(b) The address at which the abortion was performed or the address at which\nthe abortion-inducing drug was provided by a qualified physician, or the\nmethod  of obtaining the abortion-inducing drug if not provided by a\nqualified physician, including mail order, Internet order, or by a telehealth\nprovider in which case identifying information for the pharmacy, Web  site\naddress, or the telemedicine provider shall be included;\n(c) The  names, serial numbers, National Drug Codes, lot numbers, and\nexpiration dates of the specific abortion-inducing drugs that were provided\nto the pregnant patient and the dates each were provided;\n(d) The full name and address of the referring physician, agency, or service,\nif any;\n(e) The  pregnant patient's city or town, county, state, country of residence,\nand zip code;\n(f) The pregnant patient's age, race, and ethnicity;\n(g) The age or approximate age of the father, if known;\n(h) The  total number and dates of each previous pregnancy, live birth, and\nabortion of the pregnant patient;\n(i) The  probable gestational and post-fertilization ages of the unborn child,\nthe methods used to confirm the gestational and post-fertilization ages,\nand the date determined;\n(j) A  list of any pre-existing medical conditions of the pregnant patient that\nmay  complicate her pregnancy, if any, including hemorrhage, infection,\nuterine perforation, cervical laceration, retained products, or any other\ncondition;\n(k) Whether  the fetus was delivered alive and the length of time the fetus\nsurvived;\n(l) Whether  the fetus was  viable and, if viable, the medical reason for\ntermination;\n(m) Whether a pathological examination of the fetus was performed;\n(n) Whether  the pregnant patient returned for a follow-up examination, the\ndate and results of any such follow-up examination, and what reasonable\nefforts were made  by the qualified physician to encourage the patient to\nreschedule a follow-up examination if the appointment was missed;\n(o) Whether  the woman  suffered any complications or adverse events as\ndefined in KRS  311.7731 and what specific complications or adverse\nevents occurred, and any follow-up treatment provided as required by\nKRS  311.774;\n(p) Whether the pregnant patient was Rh negative and, if so, was provided\nwith an Rh negative information fact sheet and treated with the prevailing\nmedical standard of care to prevent harmful fetal or child outcomes or Rh\nincompatibility in future pregnancies;\n(q) The  amount billed to cover the treatment for specific complications or\nadverse events, including whether the treatment was billed to Medicaid,\nprivate insurance, private pay, or other method. This should include\nICD-10  codes  reported and  charges  for any  physician, hospital,\nemergency  room, prescription or other drugs, laboratory tests, and any\nother costs for treatment rendered;\n(r) The  reason for the abortion, if known,  including abuse, coercion,\nharassment, or trafficking; and\n(s) Whether  the pregnant patient was  tested for sexually transmitted\ndiseases when providing the informed consent required in KRS  311.725\nand  311.7735 twenty-four (24) hours before the abortion procedure or\ntested at the time of the abortion procedure, and if the pregnant patient\ntested positive, was treated or referred for treatment and follow-up care.\n(3) The report shall not contain:\n(a) The name of the pregnant patient;\n(b) Common  identifiers such as a Social Security number and motor vehicle\noperator's license number; and\n(c) Any  other information or identifiers that would make  it possible to\nascertain the patient's identity.\n(4) If a person other than the physician described in this subsection makes  or\nmaintains a record required by KRS  311.732, 311.7704, 311.7705, 311.7706,\nor 311.7707 on the physician's behalf or at the physician's direction, that\nperson shall comply with the reporting requirement described in this subsection\nas if the person were the physician.\n(5) Each  prescription issued for an abortion-inducing drug as defined in KRS\n311.7731 for which the primary indication is the induction of abortion as defined\nin KRS  213.011 shall be reported to the Vital Statistics Branch within three (3)\ndays  after the end of the month in which the prescription was issued as\nrequired by KRS  311.774, but the report shall not include information which will\nidentify the woman  involved or anyone who may be picking up the prescription\non behalf of the woman.\n(6) The name of the person completing the report and the reporting institution shall\nnot be subject to disclosure under KRS 61.870 to 61.884.\n(7) By September 30 of each year, the Vital Statistics Branch shall issue a public\nreport that provides statistics on all data collected, including the type of\nabortion procedure used, for the previous calendar year compiled from all of\nthe reports covering that calendar year submitted to the cabinet in accordance\nwith this section for each of the items listed in this section. Each annual report\nshall also provide statistics for all previous calendar years in which this section\nwas  in effect, adjusted to reflect any additional information from late or\ncorrected reports. The Vital Statistics Branch shall ensure that none of the\ninformation included in the report could reasonably lead to the identification of\nany pregnant woman  upon whom  an abortion was performed or attempted.\nEach annual report shall be made available on the cabinet's Web site.\n(8) (a) Any person or institution who fails to submit a report by the end of thirty\n(30) days following the due date set in this section shall be subject to a\nlate fee of five hundred dollars ($500) for each additional thirty (30) day\nperiod or portion of a thirty (30) day period the report is overdue.\n(b) Any  person or institution who  fails to submit a report, or who  has\nsubmitted only an incomplete report, more than one (1) year following the\ndue  date set in this section, may  in a civil action brought by the Vital\nStatistics Branch be directed by a court of competent jurisdiction to submit\na complete report within a time period stated by court order or be subject\nto contempt of court.\n(c) Failure by any physician to comply with the requirements of this section,\nother than filing a late report, or to submit a complete report in\naccordance with a court order shall subject the physician to KRS 311.595.\n(9) Intentional falsification of any report required under this section is a Class A\nmisdemeanor.\n(10) The  Vital Statistics Branch shall promulgate administrative regulations in\naccordance with KRS Chapter 13A to assist in compliance with this section.\n(11)(a) The  Office of the Inspector General, Cabinet for Health and Family\nServices, shall annually audit the required reporting of abortion-related\ninformation to the Vital Statistics Branch in this section and KRS  213.172,\nand  in so doing, shall function as a health oversight agency of the\nCommonwealth  for this specific purpose.\n(b) The  Office of the Inspector General shall ensure that none  of the\ninformation included in the audit report could reasonably lead to the\nidentification of any pregnant woman  upon  whom  an abortion was\nperformed or attempted.\n(c) If any personally identifiable information is viewed or recorded by the\nOffice of the Inspector General in conducting an audit authorized by this\nsubsection, the information held by the Inspector General shall not be\nsubject to the Kentucky Open Records Act, shall be confidential, and shall\nonly be released upon court order.\n(d) The  Inspector General shall submit a written report to the General\nAssembly  and the Attorney General by October 1 of each year. The\nreports shall include findings from:\n1. The  audit required in this subsection, including any identified\nreporting deficiencies; and\n2. All abortion facility inspections, including any violations of KRS\n216B.0431 and 216B.0435.","path":["KRS Chapter 213"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52216","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:17Z","sha256":"df84c9de1411a3fc85c07b92b5a7ba1a0081ec2ac398c7e0eb38f463198397e8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-213.100","next":"us-ky/krs-213.105"},"notice":"GroundRules: Original legal text. Not legal advice."}