{"data":{"id":"us-ky/krs-311.7705","jurisdiction":"us-ky","citation":"KRS 311.7705","heading":"Prohibition against performing  or inducing abortion before","body":"determining  whether  fetal heartbeat exists -- Exceptions  -- Written\nnotation -- Persons not in violation.\n(1) Except  as provided in subsection (2) of this section, no  person shall\nintentionally perform or induce an abortion on a pregnant woman  before\ndetermining in accordance with KRS  311.7704(1) whether the unborn human\nindividual the pregnant woman  is carrying has a detectable fetal heartbeat.\n(2) (a) Subsection (1) of this section shall not apply to a physician who performs\nor induces the abortion if the physician believes that a medical emergency\nexists that prevents compliance with subsection (1) of this section.\n(b) A physician who performs or induces an abortion on a pregnant woman\nbased  on the exception in paragraph (a) of this subsection shall make\nwritten notations in the pregnant woman's medical records of both of the\nfollowing:\n1. The  physician's belief that a medical emergency necessitating the\nabortion existed; and\n2. The  medical condition of the pregnant woman  that prevented\ncompliance with subsection (1) of this section.\nThe  physician shall maintain a copy of the notations in the physician's\nown  records for at least seven (7) years from the date the notations were\nmade.\n(3) A person is not in violation of subsection (1) of this section if the person acts in\naccordance with KRS  311.7704(1) and the method used to determine the\npresence of a fetal heartbeat does not reveal a fetal heartbeat.\n(4) A pregnant woman  on whom  an abortion is intentionally performed or induced\nin violation of subsection (1) of this section is not guilty of violating subsection\n(1) of this section or of attempting to commit, conspiring to commit, or\ncomplicity in committing a violation of subsection (1) of this section. In addition,\nthe pregnant woman  is not subject to a civil penalty based on the abortion\nbeing performed or induced in violation of subsection (1) of this section.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48502","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:06Z","sha256":"4a3228d36727f3bfd89e5cb08fcafc9e1f63751b123ff4904fb2899ba2408bc6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.7704","next":"us-ky/krs-311.7706"},"notice":"GroundRules: Original legal text. Not legal advice."}
