{"data":{"id":"us-ky/krs-311.772","jurisdiction":"us-ky","citation":"KRS 311.772","heading":"Definitions for section -- Prohibition against intentional termination of life","body":"of an unborn human being -- When section takes effect -- Penalties not to\napply to pregnant woman -- Contraception -- Appropriation of Medicaid\nfunds.\n(1) As used in this section:\n(a) \"Fertilization\" means that point in time when a male human sperm penetrates\nthe zona pellucida of a female human ovum;\n(b) \"Pregnant\" means the human female reproductive condition of having a living\nunborn human being within her body t hroughout the entire embryonic and\nfetal stages of the unborn child from fertilization to full gestation and\nchildbirth; and\n(c) \"Unborn human being\" means an individual living member of the species\nhomo sapiens throughout the entire embryonic and fetal st ages of the unborn\nchild from fertilization to full gestation and childbirth.\n(2) The provisions of this section shall become effective immediately upon, and to the\nextent permitted, by the occurrence of any of the following circumstances:\n(a) Any decision of the United States Supreme Court which reverses, in whole or\nin part, Roe v. Wade, 410 U.S. 113 (1973), thereby restoring to the\nCommonwealth of Kentucky the authority to prohibit abortion; or\n(b) Adoption of an amendment to the United States Constituti on which, in whole\nor in part, restores to the Commonwealth of Kentucky the authority to prohibit\nabortion.\n(3) (a) Except as provided in KRS 311.723, no person may knowingly:\n1. Administer to, prescribe for, procure for, or sell to any pregnant woman\nany medicine, drug, or other substance with the specific intent of\ncausing or abetting the termination of the life of an unborn human being;\nor\n2. Use or employ any instrument or proc edure upon a pregnant woman\nwith the specific intent of causing or abetting the termination of the life\nof an unborn human being.\n(b) Any person who violates paragraph (a) of this subsection shall be guilty of a\nClass D felony.\n(4) The following shall not be a violation of subsection (3) of this section:\n(a) For a licensed physician to perform a medical procedure necessary in\nreasonable medical judgment to prevent the death or substantial risk of death\ndue to a physical condition, or to prevent the serious,  permanent impairment\nof a life-sustaining organ of a pregnant woman. However, the physician shall\nmake reasonable medical efforts under the circumstances to preserve both the\nlife of the mother and the life of the unborn human being in a manner\nconsistent with reasonable medical practice; or\n(b) Medical treatment provided to the mother by a licensed physician which\nresults in the accidental or unintentional injury or death to the unborn human\nbeing.\n(5) Nothing in this section may be construed to subject t he pregnant mother upon\nwhom any abortion is performed or attempted to any criminal conviction and\npenalty.\n(6) Nothing in this section may be construed to prohibit the sale, use, prescription, or\nadministration of a contraceptive measure, drug, or chemica l, if it is administered\nprior to the time when a pregnancy could be determined through conventional\nmedical testing and if the contraceptive measure is sold, used, prescribed, or\nadministered in accordance with manufacturer instructions.\n(7) The provision s of this section shall be effective relative to the appropriation of\nMedicaid funds, to the extent consistent with any executive order by the President\nof the United States, federal statute, appropriation rider, or federal regulation that\nsets forth the l imited circumstances in which states must fund abortion to remain\neligible to receive federal Medicaid funds pursuant to 42 U.S.C. sec. 1396 et seq.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56020","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:06Z","sha256":"0681ea1a2d6b83402e6ea553a1097f5d18eca6af16450b6323fb7173921e0990","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.7711","next":"us-ky/krs-311.7731"},"notice":"GroundRules: Original legal text. Not legal advice."}