Title 901 | Chapter 005 | Regulation 130
PREVIOUS VERSION
The previous document that this document is based upon is available.
901 KAR 5:130.Certificate of abortion.
Section 1.
Definitions.(1)
"Abortion" is defined by KRS 213.011(1).(2)
"Fetal death" is defined by KRS 213.011(4).Section 2.
Certificate of abortion.(1)
In accordance with KRS 213.096(4), a patient may request a certificate of abortion whenthe abortion is not reported as a stillbirth or fetal death.(2)
The Abortion Certificate Worksheet, VS-920A, shall be:(a)
Signed by the person in charge of the institution or that person's designated representative; and(b)
Filed with the state registrar within five (5) working days of the date of abortion.(3)
The VS-920A shall not substitute for the Report of Abortion, VS-913, incorporated by reference in 901 KAR 5:120.(4)
A registered Certificate of Abortion, VS-920B, shall only be released to:(a)
The individual named as mother on the certificate; or(b)
The legal guardian of the individual named as mother on the certificate.(5)
A non-refundable fee of fifteen (15) dollars shall be paid for the search and certification of abortion certificate records.(6)
All personally identifiable information recorded on the VS-920A shall be redacted prior to release in response to an open records request.Section 3.
Incorporation by Reference.(1)
"Abortion Certificate Worksheet", VS-920A, 6/2022, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Public Health, first floor, Health Services Building, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material may be obtained, subject to applicable copyright law, at https://chfs.ky.gov/agencies/dph/dehp/vsb/Pages/abreqadr.aspx.HISTORY: (49 Ky.R. 500, 1307; eff. 1-12-2023.)
STEVEN J. STACK, MD, MBA; Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: November 8, 2022
FILED WITH LRC: November 9, 2022 at 2:10 p.m.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the requirements for requesting a certificate of abortion and incorporates by reference the certificate worksheet form. The amended after comments version of this new administrative regulation clarifies that the abortion certificate worksheet does not substitute for the required report of abortion, removes the limitations on when a certificate may be requested, adds a new subsection to protect personally identifiable information from release, and makes other changes for compliance with KRS Chapter 13A.
(b) The necessity of this administrative regulation:
KRS 213.096 was amended by 2022 Ky. Acts ch, 210 to allow a patient to request a certificate of abortion provided that the abortion is not reported as a stillbirth or fetal death.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation establishes the requirements for requesting a certificate of abortion.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will ensure individuals who want a certificate of abortion are aware of the process.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will impact any woman seeking an abortion and the physician who performs the abortion. On average, there are 2,616 abortions performed each year. The Office of Vital Statistics (OVS) within the Department for Public Health will also be impacted by this administrative regulation.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The person in charge of a facility or that person’s designated representative will need to be aware of the process to file a certificate of abortion when requested by the patient. Staff in OVS will need to be aware of the disclosure limitations for providing a certificate of abortion.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no costs to the person in charge of a facility or that person’s designated representative to file the abortion certificate worksheet.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Women who request a certificate will have a record of the procedure on file with the state registrar. Staff in OVS will protect the identity of the woman named on the certificate as mother.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The department is unable to determine the initial cost to implement this administrative regulation. There will be costs associated with the staff time to file, search, and print a certificate of abortion.
(b) On a continuing basis:
The department is unable to determine the ongoing cost to implement this administrative regulation. There will be costs associated with the staff time to file, search, and print a certificate of abortion.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Agency funds will be used to implement and enforce this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
This administrative regulation does establish a nominal fee for the search and certification of the abortion certificate.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation establishes a non-refundable fee of fifteen (15) dollars for the search and certification of abortion certificates.
(9) TIERING: Is tiering applied?
Tiering is not applied as the requirements of this administrative regulation are applied equally to individuals who request a certificate of abortion.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation will impact the Office of Vital Statistics within the Division of Epidemiology and Health Planning in the Department for Public Health, Cabinet for Health and Family Services.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.050 and 213.096.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation does include a nominal fee of fifteen (15) dollars to offset the costs of searching for and certifying the abortion certificate. An exact amount of revenue cannot be determined because the number of certificates that would be requested is unknown.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation does include a nominal fee of fifteen (15) dollars to offset the costs of searching for and certifying the abortion certificate. An exact amount of revenue cannot be determined because the number of certificates that would be requested is unknown.
(c) How much will it cost to administer this program for the first year?
The department is unable to determine the initial cost to implement this administrative regulation. There will be costs associated with the staff time to file, search, and print a certificate of abortion.
(d) How much will it cost to administer this program for subsequent years?
The department is unable to determine the ongoing cost to implement this administrative regulation. There will be costs associated with the staff time to file, search, and print a certificate of abortion.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation will not generate any cost savings in the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation will not generate any cost savings in subsequent years.
(c) How much will it cost the regulated entities for the first year?
Individuals who request a certificate of abortion be printed from the Office of Vital Statistics will be assessed a non-refundable fee of fifteen (15) dollars. The department is unable to determine the initial cost to implement this administrative regulation. There will be costs associated with the staff time to file, search, and print a certificate of abortion.
(d) How much will it cost the regulated entities for subsequent years?
Individuals who request a certificate of abortion be printed from the Office of Vital Statistics will be assessed a non-refundable fee of fifteen (15) dollars. The department is unable to determine the ongoing cost to implement this administrative regulation. There will be costs associated with the staff time to file, search, and print a certificate of abortion.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation does not have a major economic impact.
901 KAR 5:130.Certificate of abortion.
Section 1.
Definitions.(1)
"Abortion" is defined by KRS 213.011(1).(2)
"Fetal death" is defined by KRS 213.011(4).Section 2.
Certificate of abortion.(1)
In accordance with KRS 213.096(4), a patient may request a certificate of abortion when(a)
(b)
(c)
the abortion is not reported as a stillbirth or fetal death.(2)
The Abortion Certificate Worksheet, VS-920A, shall be:(a)
Signed by the person in charge of the institution or that person's designated representative; and(b)
Filed with the state registrar within five (5) working days of the date of abortion.(3)
The VS-920A shall not substitute for the Report of Abortion, VS-913, incorporated by reference in 901 KAR 5:120.(4)
A registered Certificate of Abortion, VS-920B, shall only be released to:(a)
The individual named as mother on the certificate; or(b)
The legal guardian of the individual named as mother on the certificate.(5)(4)
A non-refundable fee of fifteen (15) dollars shall be paid for the search and certification of abortion certificate records.(6)
All personally identifiable information recorded on the VS-920A shall be redacted prior to release in response to an open records request.Section 3.
Incorporation by Reference.(1)
"Abortion Certificate Worksheet", VS-920A, 6/2022, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Public Health, first floor, Health Services Building, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material may be obtained, subject to applicable copyright law, at https://chfs.ky.gov/agencies/dph/dehp/vsb/Pages/abreqadr.aspx.HISTORY: (49 Ky.R. 500, 1307; eff. 1-12-2023.)
STEVEN J. STACK, MD, MBA; Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: November 8, 2022
FILED WITH LRC: November 9, 2022 at 2:10 p.m.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the requirements for requesting a certificate of abortion and incorporates by reference the certificate worksheet form. The amended after comments version of this new administrative regulation clarifies that the abortion certificate worksheet does not substitute for the required report of abortion, removes the limitations on when a certificate may be requested, adds a new subsection to protect personally identifiable information from release, and makes other changes for compliance with KRS Chapter 13A.
(b) The necessity of this administrative regulation:
KRS 213.096 was amended by 2022 Ky. Acts ch, 210 to allow a patient to request a certificate of abortion provided that the abortion is not reported as a stillbirth or fetal death.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation establishes the requirements for requesting a certificate of abortion.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will ensure individuals who want a certificate of abortion are aware of the process.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will impact any woman seeking an abortion and the physician who performs the abortion. On average, there are 2,616 abortions performed each year. The Office of Vital Statistics (OVS) within the Department for Public Health will also be impacted by this administrative regulation.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The person in charge of a facility or that person’s designated representative will need to be aware of the process to file a certificate of abortion when requested by the patient. Staff in OVS will need to be aware of the disclosure limitations for providing a certificate of abortion.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no costs to the person in charge of a facility or that person’s designated representative to file the abortion certificate worksheet.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Women who request a certificate will have a record of the procedure on file with the state registrar. Staff in OVS will protect the identity of the woman named on the certificate as mother.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The department is unable to determine the initial cost to implement this administrative regulation. There will be costs associated with the staff time to file, search, and print a certificate of abortion.
(b) On a continuing basis:
The department is unable to determine the ongoing cost to implement this administrative regulation. There will be costs associated with the staff time to file, search, and print a certificate of abortion.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Agency funds will be used to implement and enforce this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
This administrative regulation does establish a nominal fee for the search and certification of the abortion certificate.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation establishes a non-refundable fee of fifteen (15) dollars for the search and certification of abortion certificates.
(9) TIERING: Is tiering applied?
Tiering is not applied as the requirements of this administrative regulation are applied equally to individuals who request a certificate of abortion.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation will impact the Office of Vital Statistics within the Division of Epidemiology and Health Planning in the Department for Public Health, Cabinet for Health and Family Services.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.050 and 213.096.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation does include a nominal fee of fifteen (15) dollars to offset the costs of searching for and certifying the abortion certificate. An exact amount of revenue cannot be determined because the number of certificates that would be requested is unknown.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation does include a nominal fee of fifteen (15) dollars to offset the costs of searching for and certifying the abortion certificate. An exact amount of revenue cannot be determined because the number of certificates that would be requested is unknown.
(c) How much will it cost to administer this program for the first year?
The department is unable to determine the initial cost to implement this administrative regulation. There will be costs associated with the staff time to file, search, and print a certificate of abortion.
(d) How much will it cost to administer this program for subsequent years?
The department is unable to determine the ongoing cost to implement this administrative regulation. There will be costs associated with the staff time to file, search, and print a certificate of abortion.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation will not generate any cost savings in the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation will not generate any cost savings in subsequent years.
(c) How much will it cost the regulated entities for the first year?
Individuals who request a certificate of abortion be printed from the Office of Vital Statistics will be assessed a non-refundable fee of fifteen (15) dollars. The department is unable to determine the initial cost to implement this administrative regulation. There will be costs associated with the staff time to file, search, and print a certificate of abortion.
(d) How much will it cost the regulated entities for subsequent years?
Individuals who request a certificate of abortion be printed from the Office of Vital Statistics will be assessed a non-refundable fee of fifteen (15) dollars. The department is unable to determine the ongoing cost to implement this administrative regulation. There will be costs associated with the staff time to file, search, and print a certificate of abortion.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation does not have a major economic impact.