{"data":{"id":"us-ky/krs-311.782","jurisdiction":"us-ky","citation":"KRS 311.782","heading":"Prohibition against performing or inducing abortion when  probable","body":"gestational age  of unborn  child is 15 weeks  or more  -- Affirmative\ndefenses -- Penalties for violation.\n(1) No  person shall intentionally perform or induce or intentionally attempt to\nperform or induce an abortion on a pregnant woman  when  the probable\ngestational age of the unborn child is fifteen (15) weeks or greater.\n(2) It shall be an affirmative defense to a charge under subsection (1) of this\nsection that the abortion was intentionally performed or induced or intentionally\nattempted to be performed or induced by a physician and that the physician\ndetermined, in the physician's reasonable medical judgment, based on the\nfacts known to the physician at that time, that either of the following applied:\n(a) The  probable gestational age of the unborn child was less than fifteen\n(15) weeks; or\n(b) The abortion was necessary to prevent the death of the pregnant woman\nor to avoid a serious risk of the substantial and irreversible impairment of\na  major bodily function of the pregnant woman.  No abortion shall be\nnecessary if it is based on a claim or diagnosis that the pregnant woman\nwill engage in conduct that would result in her death or in substantial and\nirreversible impairment of a major bodily function or if it is based on any\nreason related to her mental health.\n(3) (a) Except when a medical emergency exists that prevents compliance with\nKRS  311.783, the affirmative defense set forth in subsection (2)(a) of this\nsection does not apply unless the physician who intentionally performs or\ninduces or intentionally attempts to perform or induce the abortion makes\na determination of the probable gestational age of the unborn child as\nrequired by KRS  311.783(1) or relied upon such a determination made by\nanother physician and certifies in writing, based on the results of the tests\nperformed, that in the physician's reasonable medical judgment the\nunborn child's probable gestational age is less than fifteen (15) weeks.\n(b) Except when a medical emergency exists that prevents compliance with\none  (1) or more of the following conditions, the affirmative defense set\nforth in subsection (2)(b) of this section does not apply unless the\nphysician who intentionally performs or induces or intentionally attempts\nto perform or induce the abortion complies with all of the following\nconditions:\n1. The physician who intentionally performs or induces or intentionally\nattempts to perform or induce the abortion certifies in writing that, in\nthe physician's reasonable medical judgment, based on the facts\nknown  to the physician at that time, the abortion is necessary to\nprevent the death of the pregnant woman  or to avoid a serious risk\nof the substantial and irreversible impairment of a major bodily\nfunction of the pregnant woman;\n2. A  different physician not professionally related to the physician\ndescribed in subparagraph 1. of this paragraph certifies in writing\nthat, in that different physician's reasonable medical judgment,\nbased on the facts known to that different physician at that time, the\nabortion is necessary to prevent the death of the pregnant woman  or\nto avoid a serious risk of the substantial and irreversible impairment\nof a major bodily function of the pregnant woman;\n3. The  physician intentionally performs or induces or intentionally\nattempts to perform or induce the abortion in a hospital or other\nhealth care facility that has  appropriate neonatal services for\npremature infants;\n4. The physician who intentionally performs or induces or intentionally\nattempts to perform or induce the abortion terminates or attempts to\nterminate the pregnancy in the manner  that provides the best\nopportunity for the unborn child to survive, unless that physician\ndetermines, in the physician's reasonable medical judgment, based\non the facts known to the physician at that time, that the termination\nof the pregnancy in that manner poses a greater risk of death of the\npregnant woman  or a greater risk of the substantial and irreversible\nimpairment of a major bodily function of the pregnant woman  than\nwould other available methods of abortion;\n5. The physician certifies in writing the available method or techniques\nconsidered and the reasons for choosing the method or technique\nemployed; and\n6. The physician who intentionally performs or induces or intentionally\nattempts to perform or induce the abortion has arranged for the\nattendance in the same  room  in which the abortion is to be\nperformed or induced or attempted to be performed or induced at\nleast one (1) other physician who  is to take control of, provide\nimmediate  medical care for, and  take all reasonable steps\nnecessary to preserve the life and health of the unborn child\nimmediately upon the child's complete expulsion or extraction from\nthe pregnant woman.\n(4) The  state Board of Medical Licensure shall revoke a physician's license to\npractice medicine in this state if the physician violates or fails to comply with\nthis section.\n(5) Any physician who intentionally performs or induces or intentionally attempts to\nperform or induce an abortion on a pregnant woman  with actual knowledge that\nneither of the affirmative defenses set forth in subsection (2) of this section\napplies, or with a heedless indifference as to whether either affirmative defense\napplies, is liable in a civil action for compensatory and punitive damages  and\nreasonable attorney's fees to any person, or the representative of the estate of\nany person including but not limited to an unborn child, who sustains injury,\ndeath, or loss to person or property as the result of the performance or\ninducement or the attempted performance or inducement of the abortion. In\nany action under this subsection, the court also may award any injunctive or\nother equitable relief that the court considers appropriate.\n(6) A pregnant woman  on whom  an abortion is intentionally performed or induced\nor intentionally attempted to be performed or induced in violation of subsection\n(1) of this section is not guilty of violating subsection (1) of this section or of\nattempting to commit, conspiring to commit, or complicity in committing a\nviolation of subsection (1) of this section.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52246","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:06Z","sha256":"8c247257e4ea58aeac60c65674db524034e299d0d09911a7615a4dfb12c6b6eb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.7811","next":"us-ky/krs-311.783"},"notice":"GroundRules: Original legal text. Not legal advice."}