{"data":{"id":"us-ky/krs-311.7706","jurisdiction":"us-ky","citation":"KRS 311.7706","heading":"Prohibition against performing  or inducing abortion if fetal","body":"heartbeat detected -- Exceptions -- Written declaration -- Persons not in\nviolation.\n(1) Except  as provided in subsection (2) of this section, no  person shall\nintentionally perform or induce an abortion on a pregnant woman  with the\nspecific intent of causing or abetting the termination of the life of the unborn\nhuman  individual the pregnant woman  is carrying and whose fetal heartbeat\nhas been detected in accordance with KRS 311.7704(1).\n(2) (a) Subsection (1) of this section shall not apply to a physician who performs\na  medical procedure that, in the physician's reasonable medical\njudgment, is designed or intended to prevent the death of the pregnant\nwoman  or to prevent a serious risk of the substantial and irreversible\nimpairment of a major bodily function of the pregnant woman.\n(b) A physician who performs a medical procedure as described in paragraph\n(a) of this subsection shall, in writing:\n1. Declare that the medical procedure is necessary, to the best of the\nphysician's reasonable medical judgment, to prevent the death of\nthe pregnant woman  or to prevent a serious risk of the substantial\nand  irreversible impairment of a major bodily function of the\npregnant woman; and\n2. Specify the pregnant woman's medical condition that the medical\nprocedure is asserted to address and the medical rationale for the\nphysician's conclusion that the medical procedure is necessary to\nprevent the death of the pregnant woman  or to prevent a serious risk\nof the substantial and irreversible impairment of a major bodily\nfunction of the pregnant woman.\n(c) The physician shall place the written document required by paragraph (b)\nof  this subsection in the pregnant woman's  medical records. The\nphysician shall maintain a copy of the document in the physician's own\nrecords for at least seven (7) years from the date the document  is\ncreated.\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.\n(5) Subsection (1) of this section shall not repeal or limit any other provision of the\nKentucky  Revised Statutes that restricts or regulates the performance or\ninducement of an abortion by a particular method or during a particular stage of\na pregnancy.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48503","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:06Z","sha256":"5e51a5f0274be341bf89e30082e5359612756168c271ced4eb72ea9515abf969","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.7705","next":"us-ky/krs-311.7707"},"notice":"GroundRules: Original legal text. Not legal advice."}