Vote Smart's Synopsis:

Vote to pass a bill that establishes requirements for abortions resulting in premature birth.

Highlights:

• Prohibits a person from denying or depriving an infant born alive of (Sec. 3):

• Nourishment with the intent to cause or allow the death of the infant for any reason, including:

• The infant was born with a disability; 

• The infant is not warranted by the parent or guardian; or 

• The infant is born alive by natural or artificial means; or

• Medically appropriate and reasonable medical care, medical treatment, or surgical care. 

• Requires a physician performing an abortion to take all medically appropriate and reasonable steps to preserve the life and health of an infant born alive (Sec. 3).

• Specifies that if the physician is unable to perform the duties listed above because they are assisting the person on who the abortion was performed, then an attending physician assistant, advanced practice registered nurse, nurse, or another healthcare provider will assume the required duties (Sec. 3). 

• Requires an infant that is born-alive after an attempted abortion and then later dies to be issued a death certificate (Sec. 3).

• Specifies that any healthcare provider who intentionally violates the rules in section 3 will be guilty of a Class D felony (Sec. 10).

• Specifies that the requirements of this act will not be construed to prevent a born-alive infant’s parent or guardian from refusing to give consent to a medical care, medical treatment, or surgical care which is not medically appropriate or reasonable, including care or treatment that (Sec. 3):

• Is not necessary to save the life of the infant; 

• Has a potential risk to the infant’s life or health that outweighs the potential benefit of the medical care or treatment; or

• Will do more than temporarily prolong the act of dying when death is imminent. 

• Prohibits the parent or guardian of an infant from being held criminally or civilly liable for the actions of a physician, physician assistant, advanced, practice registered nurse, nurse, or another healthcare provider that are in violation of this act and to which the parent or guardian did not give consent (Sec. 3).

• Authorizes the Attorney General to seek injunctive relief, as well as civil and criminal penalties in courts of proper jurisdiction to prevent, penalize, and remedy violations of this act (Sec. 13).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes requirements for abortions resulting in premature birth.

Highlights:

• Prohibits a person from denying or depriving an infant born alive of (Sec. 3):

• Nourishment with the intent to cause or allow the death of the infant for any reason, including:

• The infant was born with a disability; 

• The infant is not warranted by the parent or guardian; or 

• The infant is born alive by natural or artificial means; or

• Medically appropriate and reasonable medical care, medical treatment, or surgical care. 

• Requires a physician performing an abortion to take all medically appropriate and reasonable steps to preserve the life and health of an infant born alive (Sec. 3).

• Specifies that if the physician is unable to perform the duties listed above because they are assisting the person on who the abortion was performed, then an attending physician assistant, advanced practice registered nurse, nurse, or another healthcare provider will assume the required duties (Sec. 3). 

• Requires an infant that is born-alive after an attempted abortion and then later dies to be issued a death certificate (Sec. 3).

• Specifies that any healthcare provider who intentionally violates the rules in section 3 will be guilty of a Class D felony (Sec. 10).

• Specifies that the requirements of this act will not be construed to prevent a born-alive infant’s parent or guardian from refusing to give consent to a medical care, medical treatment, or surgical care which is not medically appropriate or reasonable, including care or treatment that (Sec. 3):

• Is not necessary to save the life of the infant; 

• Has a potential risk to the infant’s life or health that outweighs the potential benefit of the medical care or treatment; or

• Will do more than temporarily prolong the act of dying when death is imminent. 

• Prohibits the parent or guardian of an infant from being held criminally or civilly liable for the actions of a physician, physician assistant, advanced, practice registered nurse, nurse, or another healthcare provider that are in violation of this act and to which the parent or guardian did not give consent (Sec. 3).

• Authorizes the Attorney General to seek injunctive relief, as well as civil and criminal penalties in courts of proper jurisdiction to prevent, penalize, and remedy violations of this act (Sec. 13).

Full Bill Text

Vetoed by Governor Andy Beshear

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes requirements for abortions resulting in premature birth.

Highlights:

• Prohibits a person from denying or depriving an infant born alive of (Sec. 3):

• Nourishment with the intent to cause or allow the death of the infant for any reason, including:

• The infant was born with a disability; 

• The infant is not warranted by the parent or guardian; or 

• The infant is born alive by natural or artificial means; or

• Medically appropriate and reasonable medical care, medical treatment, or surgical care. 

• Requires a physician performing an abortion to take all medically appropriate and reasonable steps to preserve the life and health of an infant born alive (Sec. 3).

• Specifies that if the physician is unable to perform the duties listed above because they are assisting the person on who the abortion was performed, then an attending physician assistant, advanced practice registered nurse, nurse, or another healthcare provider will assume the required duties (Sec. 3). 

• Requires an infant that is born-alive after an attempted abortion and then later dies to be issued a death certificate (Sec. 3).

• Specifies that any healthcare provider who intentionally violates the rules in section 3 will be guilty of a Class D felony (Sec. 10).

• Specifies that the requirements of this act will not be construed to prevent a born-alive infant’s parent or guardian from refusing to give consent to a medical care, medical treatment, or surgical care which is not medically appropriate or reasonable, including care or treatment that (Sec. 3):

• Is not necessary to save the life of the infant; 

• Has a potential risk to the infant’s life or health that outweighs the potential benefit of the medical care or treatment; or

• Will do more than temporarily prolong the act of dying when death is imminent. 

• Prohibits the parent or guardian of an infant from being held criminally or civilly liable for the actions of a physician, physician assistant, advanced, practice registered nurse, nurse, or another healthcare provider that are in violation of this act and to which the parent or guardian did not give consent (Sec. 3).

• Authorizes the Attorney General to seek injunctive relief, as well as civil and criminal penalties in courts of proper jurisdiction to prevent, penalize, and remedy violations of this act (Sec. 13).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes requirements for abortions resulting in premature birth.

Highlights:

• Prohibits a person from denying or depriving an infant born alive of (Sec. 3):

• Nourishment with the intent to cause or allow the death of the infant for any reason, including:

• The infant was born with a disability; 

• The infant is not warranted by the parent or guardian; or 

• The infant is born alive by natural or artificial means; or

• Medically appropriate and reasonable medical care, medical treatment, or surgical care. 

• Requires a physician performing an abortion to take all medically appropriate and reasonable steps to preserve the life and health of an infant born alive (Sec. 3).

• Specifies that if the physician is unable to perform the duties listed above because they are assisting the person on who the abortion was performed, then an attending physician assistant, advanced practice registered nurse, nurse, or another healthcare provider will assume the required duties (Sec. 3). 

• Requires an infant that is born-alive after an attempted abortion and then later dies to be issued a death certificate (Sec. 3).

• Specifies that any healthcare provider who intentionally violates the rules in section 3 will be guilty of a Class D felony (Sec. 10).

Full Bill Text