{"data":{"id":"us-ky/krs-311.727","jurisdiction":"us-ky","citation":"KRS 311.727","heading":"Requirement for performance and explanation of obstetric ultrasound and","body":"ascultation of fetal heartbeat prior to abortion -- Exception for medical\nemergency or necessity.\n(1) As used in this section:\n(a) \"Ascultate\" means to examine by listening for sounds made by internal organs\nof the fetus, specifically for a fetal heartbeat, utilizing an ultrasound\ntransducer or a fetal heart rate monitor;\n(b) \"Obstetric ultrasound\" or \"ultrasound\" means the use of ultrasonic waves for\ndiagnostic or therapeutic purposes, specifically to monitor a developing fetus;\nand\n(c) \"Qualified technician\" means a medical imaging technologist as defined in\nKRS 311B.020 who is certified in obstetrics and gynecology by the American\nRegistry for Diagnostic Medical Sonography o r a nurse midwife or advance\npractice nurse practitioner in obstetrics with certification in obstetrical\nultrasonography.\n(2) Prior to a woman giving informed consent to having any part of an abortion\nperformed, the physician who is to perform the abortion  or a qualified technician to\nwhom the responsibility has been delegated by the physician shall:\n(a) Perform an obstetric ultrasound on the pregnant woman;\n(b) Provide a simultaneous explanation of what the ultrasound is depicting, which\nshall include the presence and location of the unborn child within the uterus\nand the number of unborn children depicted and also, if the ultrasound image\nindicates that fetal demise has occurred, inform the woman of that fact;\n(c) Display the ultrasound images so that the pregnant woman may view the\nimages;\n(d) Ascultate the fetal heartbeat of the unborn child so that the pregnant woman\nmay hear the heartbeat if the heartbeat is audible;\n(e) Provide a medical description of the ultrasound images, which shall include\nthe dimensions of the embryo or fetus and the presence of external members\nand internal organs, if present and viewable; and\n(f) Retain in the woman's medical record a signed certification from the pregnant\nwoman that she has been presented with the information r equired to be\nprovided under paragraphs (c) and (d) of this subsection and has viewed the\nultrasound images, listened to the heartbeat if the heartbeat is audible, or\ndeclined to do so. The signed certification shall be on a form prescribed by the\ncabinet.\n(3) When the ultrasound images and heartbeat sounds are provided to and reviewed\nwith the pregnant woman, nothing in this section shall be construed to prevent the\npregnant woman from averting her eyes from the ultrasound images or requesting\nthe volume o f the heartbeat be reduced or turned off if the heartbeat is audible.\nNeither the physician, the qualified technician, nor the pregnant woman shall be\nsubject to any penalty if the pregnant woman refuses to look at the displayed\nultrasound images or to listen to the heartbeat if the heartbeat is audible.\n(4) The requirements of this section shall be in addition to any requirement contained in\nKRS 311.725 or any other section of KRS 311.710 to 311.820.\n(5) The provisions of this section shall not apply in th e case of a medical emergency or\nmedical necessity. If a medical emergency or medical necessity compels the\nperformance or inducement of an abortion, the physician who will perform or\ninduce the abortion, prior to its performance or inducement if possible,  shall inform\nthe pregnant woman of the medical indications supporting the physician's judgment\nthat an immediate abortion is necessary. Any physician who performs or induces an\nabortion without the prior satisfaction of the requirements of this section be cause of\na medical emergency or medical necessity shall enter the reasons for the conclusion\nthat a medical emergency or medical necessity exists in the medical record of the\npregnant woman.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45477","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:06Z","sha256":"78160f209b10532dc931c24ceef181c78556b381b2fd56c8474e412bbd9ee283","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.726","next":"us-ky/krs-311.728"},"notice":"GroundRules: Original legal text. Not legal advice."}