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Senate Bill 9

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Last Action 01/22/21: filed without Governor's signature with the Secretary of State
Title AN ACT relating to the protection of born-alive infants and declaring an emergency.
Bill Documents Acts Chapter 1
Current/Final
Introduced
Fiscal Impact Statements Corrections Impact
Local Mandate
Bill Request Number 13
Sponsors W. Westerfield, C. Embry Jr., R. Alvarado, T. Buford, D. Carroll, M. Castlen, R. Girdler, D. Givens, J. Higdon, P. Hornback, J. Howell, A. Kerr, C. McDaniel, S. Meredith, M. Nemes, D. Parrett, J. Schickel, W. Schroder, B. Smith, R. Stivers, B. Storm, D. Thayer, J. Turner, S. West, P. Wheeler, M. Wilson, M. Wise
Summary of Original Version Create new sections of KRS Chapter 311 to prohibit a person from denying or depriving a born-alive infant of nourishment with the intent to cause or allow the death of the infant; prohibit a person from denying or depriving a born-alive infant of medically appropriate and reasonable medical care, medical treatment, or surgical care; require a physician performing an abortion to take all medically appropriate and reasonable steps to preserve the life and health of a born-alive infant; specify that if the physician is unable to perform those duties then an attending physician assistant, advanced practice registered nurse, nurse, or other healthcare worker shall assume the duties; provide that a born-alive infant shall be treated as a legal person under the laws of the Commonwealth; specify that any born-alive infant, whose parents file a petition for voluntary termination of parental rights, shall become a ward of the Cabinet for Health and Family Services; specify that this section shall not be construed as preventing a born-alive infant's parent or guardian from refusing medical care that is not medically appropriate or reasonable; specify that the parent or guardian of a born-alive infant shall not be held criminally or civilly liable for the actions of a physician, physician assistant, advanced practice registered nurse, or other healthcare provider that acted without his or her consent; provide for civil and administrative penalties for violations of this Act; allow for severability; allow the General Assembly by joint resolution to appoint members to intervene as a matter or right in any case that challenges the constitutionality of this Act; amend KRS 311.595, 311.850, 314.091, and 315.121 to suspend or revoke the license of any physician, physician assistant, advanced practice registered nurse, nurse, or pharmacist who violates this Act; amend KRS 311.990 to establish criminal penalties for violations; establish the short titles of "Born-Alive Infant Protection Act" and "Avacyn Act"; EMERGENCY.
Index Headings of Original Version Corrections Impact - Born-alive infants, protection of
Local Mandate - Born-alive infants, protection of
Crimes and Punishments - Born-alive infants, protection of
Criminal Procedure - Born-alive infants, protection of
Effective Dates, Emergency - Born-alive infants, protection of
Health and Medical Services - Born-alive infants, protection of
Nurses - Born-alive infants, protection of
Pharmacists - Born-alive infants, protection of
Physicians and Practitioners - Born-alive infants, protection of
Reproductive Issues - Born-alive infants, protection of
Women - Born-alive infants, protection of
Children and Minors - Born-alive infants, protection of
Civil Actions - Born-alive infants, protection of
Civil Procedure - Born-alive infants, protection of
Short Titles and Popular Names - Avacyn Act
Short Titles and Popular Names - Born-Alive Infant Protection Act
Votes Vote History

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01/05/21
  • introduced in Senate
  • to Committee on Committees (S)
  • to Veterans, Military Affairs, & Public Protection (S)
  • taken from Veterans, Military Affairs, & Public Protection (S)
  • 1st reading
  • returned to Veterans, Military Affairs, & Public Protection (S)
01/06/21
  • reported favorably, 2nd reading, to Rules
01/07/21
  • posted for passage in the Regular Orders of the Day for Thursday, January 7, 2021
  • 3rd reading, passed 32-4
  • received in House
  • to Committee on Committees (H)
  • taken from Committee on Committees (H)
  • 1st reading
  • to Judiciary (H)
  • posted in committee
01/08/21
  • reported favorably, 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for January 9, 2021
01/09/21
  • 3rd reading, passed 76-18
  • received in Senate
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
01/22/21
  • became law without Governor's Signature (Acts Ch. 1)
  • filed without Governor's signature with the Secretary of State


Last updated: 11/9/2023 2:52 PM (EST)