{"data":{"id":"us-ky/krs-311.7735","jurisdiction":"us-ky","citation":"KRS 311.7735","heading":"Informed consent of patient receiving abortion-inducing drug --","body":"Form.\n(1) An abortion-inducing drug as defined in KRS  311.7731 shall not be provided to\na  pregnant patient without the informed consent of the patient. Informed\nconsent  shall be  obtained at least twenty-four (24) hours before the\nabortion-inducing drug is provided to a pregnant patient, except if, in the\nreasonable medical judgment of the qualified physician, compliance with this\nsubsection would pose a risk of:\n(a) The death of the pregnant patient; or\n(b) The  substantial and irreversible physical impairment of a major bodily\nfunction, not including psychological or emotional conditions, of the\npregnant patient.\n(2) A  qualified physician shall use a form created by the Cabinet for Health and\nFamily  Services to obtain the consent required prior to providing an\nabortion-inducing drug as defined in KRS  311.7731 and submit the completed\nform to the cabinet.\n(3) A consent form is not valid and consent is not sufficient, unless:\n(a) The patient initials each entry, list, description, or declaration required to\nbe on the consent form;\n(b) The patient signs the consent statement; and\n(c) The qualified physician signs the qualified physician declaration.\n(4) The consent form shall include but is not limited to the following:\n(a) The probable gestational age of the unborn child as determined by both\npatient history and by ultrasound results used to confirm gestational age;\n(b) A detailed description of the steps to complete the drug-induced abortion;\n(c) A detailed list of the risks related to the specific abortion-inducing drug as\ndefined in KRS  311.7731 or drugs to be used, including potential\ncomplications and adverse events as defined in KRS 311.7731;\n(d) If the pregnant patient was  Rh  negative, the pregnant patient was\nprovided with an Rh negative information fact sheet and offered treatment\nwith the prevailing medical standard of care to prevent harmful fetal or\nchild outcomes or Rh incompatibility in future pregnancies;\n(e) That the risks of complications from a medication abortion, including\nincomplete abortion, increase with advancing gestational age;\n(f) That it may  be possible to reverse the effects of the abortion-inducing\ndrug if desired but that this should be done as soon as possible;\n(g) That the patient may see the remains of the unborn child in the process of\ncompleting the abortion;\n(h) That initial studies suggest that children born after reversing the effects of\nthe abortion-inducing drug mifeprex/mifepristone have no greater risk of\nbirth defects than the general population;\n(i) That initial studies suggest that there is no increased risk of maternal\nmortality after reversing the effects of the abortion-inducing drug\nmifeprex/mifepristone;\n(j) That  information on  and  assistance with reversing the effects of\nabortion-inducing drugs are available in the state-prepared materials and\non the cabinet's Web site;\n(k) An \"acknowledgment of risks and consent statement\" which the pregnant\npatient shall sign. The pregnant patient shall initial by each statement and\nthe statement shall include but is not limited to the following declarations:\n1. That the pregnant patient understands that the abortion-inducing\ndrug regimen or procedure is intended to end the pregnancy and will\nresult in the death of the unborn child;\n2. That the pregnant patient is not being forced to have an abortion,\nhas the choice not to have the abortion, and may withdraw consent\nto the abortion-inducing drug regimen even  after it has been\nprovided;\n3. That the pregnant patient understands that the abortion-inducing\ndrug to be provided has specific risks and may  result in specific\ncomplications;\n4. That the pregnant patient has been given the opportunity to ask\nquestions about the pregnancy, the development of the unborn\nchild, alternatives to abortion, the abortion-inducing drug or drugs to\nbe  used,  and  the  risks and  complications possible when\nabortion-inducing drugs are provided;\n5. That the pregnant patient was specifically told that information on\nthe potential ability of qualified medical professionals to reverse the\neffects of a drug-induced abortion is available and where to obtain\ninformation for assistance in locating a medical professional that can\naid in the reversal of a drug-induced abortion;\n6. That the pregnant patient has been provided access to printed\nmaterials on informed consent for abortion;\n7. That the pregnant patient has been given the name  and phone\nnumber  of the associated physician who  has agreed to provide\nmedical care and treatment in the event of complications associated\nwith the abortion-inducing drug regimen or procedure;\n8. That the qualified physician will schedule an in-person follow-up visit\nfor the patient for approximately seven (7) to fourteen (14) days after\nproviding the abortion-inducing drug or drugs to confirm that the\npregnancy is completely terminated and to assess any degree of\nbleeding and other complications;\n9. That the pregnant patient has received or been given sufficient\ninformation to give informed consent to the abortion-inducing drug\nregimen or procedure; and\n10. That the patient has a private right of action to sue the qualified\nphysician under the laws of Kentucky if the patient feels coerced or\nmisled prior to obtaining an abortion;\n(l) A qualified physician's declaration that states that the qualified physician\nhas explained the abortion-inducing drug or drugs to be provided, has\nprovided all of the information required in paragraph (k) of this subsection,\nand has answered all of the woman\u0019s  questions, shall be signed by the\nqualified physician; and\n(m) If prescribing for the purpose of inducing an  abortion, a qualified\nphysician shall include the following on  the prescription for an\nabortion-inducing drug: \"For The Purpose of Abortion Inducement\".","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52220","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:06Z","sha256":"13fa71e6ff76930e1286df3eb1264719b0bf35f7ce9cddce192b9357858a4118","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.7734","next":"us-ky/krs-311.7736"},"notice":"GroundRules: Original legal text. Not legal advice."}