Last Action | 04/14/22: delivered to Secretary of State (Acts Ch. 210) |
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Title | AN ACT relating to public health and declaring an emergency. |
Bill Documents |
Acts Chapter 210
Current/Final Introduced |
Bill Request Number | 343 |
Sponsors | N. Tate, K. King, S. Baker, L. Bechler, D. Bentley, J. Blanton, A. Bowling, J. Branscum, K. Bratcher, J. Bray, R. Bridges, J. Calloway, J. Decker, R. Dotson, J. DuPlessis, D. Elliott, J. Fischer, D. Fister, P. Flannery, D. Frazier Gordon, C. Freeland, C. Fugate, J. Gooch Jr., D. Hale, M. Hart, R. Heath, S. Heavrin, R. Huff, T. Huff, M. Imes, DJ Johnson, N. Kirk-McCormick, W. Lawrence, S. Lewis, M. Lockett, S. Maddox, C. Massey, B. McCool, C. McCoy, S. McPherson, D. Meade , S. Miles, K. Moser, J. Petrie, M. Pollock, P. Pratt, M. Prunty, B. Reed, S. Riley, B. Rowland, S. Rudy, S. Santoro, S. Sheldon, T. Smith, W. Thomas, J. Tipton, T. Truett, R. Webber, B. Wesley |
Summary of Original Version | Amend KRS 311.732, relating to performance of an abortion upon a minor, to require the informed written consent of a parent or legal guardian to include a copy of that parent's or legal guardian's government-issued identification and parent's or legal guardian's documentation; require government-issued identification for the minor; require notification to other parent with joint or physical custody with exceptions; require the physician to keep a copy of the informed written consent for at least 7 years; require the physician to execute an affidavit; require additional criteria and standards for when a court determines whether to allow a minor to self-consent to an abortion; require the court hearing to remain confidential and be held in a private, informal setting within the courthouse; require, in the case of a medical emergency, for the physician to notify the parent or legal guardian within 24 hours of the abortion; require report to the cabinet; amend KRS 311.595 to allow the Kentucky Board of Medical Licensure to suspend or revoke the license of any physician for violations; amend KRS 311.990 to establish criminal penalties for violations; establish penalties for a person who violates Section 5 to 11 of this Act; amend KRS 213.101 to expand the statistical reporting system for abortions; require the Vital Statistics Branch report to include verification of compliance with the certification requirement of KRS 311.727; add required reporting items; require the Inspector General, Cabinet for Health and Family Services, to audit reporting; prohibit the audit from including personally identifying information of any pregnant woman upon whom an abortion was performed or attempted; specify that any personally identifying information viewed or recorded by the Inspector General in conducting the audit is not subject to the Open Records Act; require an annual report to be submitted including findings from the audit and abortion facility inspections to the General Assembly and the Attorney General; require an annual in-person report to be presented to the Interim Joint Committee on Health, Welfare, and Family Services; create new sections of KRS 311.710 to 311.820 to define terms; prohibit abortion-inducing drugs from being provided outside of required procedures or by courier, delivery, or mail service; establish requirements for qualified physician providing abortion-inducing drugs; require informed consent by patient for being provided abortion-inducing drugs; list requirements for informed consent form; require each abortion-inducing drug provided to be reported to the Cabinet for Health and Family Services on a report form; list requirements for report form; require report to the cabinet of treatment for adverse event or complication related to a drug-induced abortion; list requirements for report; prohibit provisions from being construed as creating or recognizing a right to abortion, making lawful an abortion that is otherwise unlawful, or overriding any existing laws; prohibit the provision of abortion-inducing drugs in any school facility or on state grounds; provide additional remedies to comply with Sections 5 to 11 of this Act; create new sections of KRS Chapter 213 to require the cabinet to publish information about the potential ability to reverse the effects of abortion-inducing drugs; require the cabinet to create and distribute the consent forms and reporting forms for abortion-inducing drugs; require the cabinet to keep reported data confidential; require the cabinet to communicate reporting requirements to required reporters; create new sections of KRS Chapter 315 to require the Board of Pharmacy to create a certification program for the distribution of abortion-inducing drugs; require physicians, manufacturers, and distributors to be certified; establish requirements for certification; require the board to enforce certification requirements; require the board to develop a complaint portal for violations and review complaints; amend KRS 213.081 to include fetal remains and to prohibit simultaneous cremations of fetal remains; amend KRS 213.096 to include abortions on the combination birth-death certificate; create a new section of KRS 311.710 to 311.820 to define "fetal remains," require within 24 hours before a surgical or chemical abortion the health care facility or abortion clinic to inform the parents both orally and in writing of their rights to determine the final disposition of the fetal remains; if a chemically induced abortion, inform the mother she may expect to expel a fetus after leaving the facility and she may return the remains to the facility for final disposition; require the parents to inform the facility of their choice for the disposition of the fetal remains; amend KRS 367.97501 to exclude fetal remains from the definition of “pathological waste”; amend KRS 311.715 to provide that public agency funds shall not be paid to any entity, organization, or individual that performs, induces, refers for, or counsels in favor of abortions; establish exceptions; create new sections of KRS 311.710 to 311.820 to require reporting to the cabinet information about complications, medical treatment, or death related to an abortion; permit the General Assembly to appoint members who sponsored or cosponsored this Act to intervene in any case to which the constitutionality is challenged; require provisions of this Act to be severable; amend KRS 311.774 to reporting requirements for adverse events or complications; amend KRS 311.783 to add reporting requirement; amend KRS 315.990 to add penalty for violation of pharmacy certification program; establish short title; EMERGENCY. |
Index Headings of Original Version |
Courts - Abortion, upon a minor Courts, Circuit - Abortion-inducing drug violation, penalties Crimes and Punishments - Abortion, upon a minor Crimes and Punishments - Abortion-inducing drug violation, penalties Criminal Procedure - Abortion, upon a minor Drugs and Medicines - Abortion-inducing drugs Effective Dates, Emergency - Abortion, upon a minor Effective Dates, Emergency - Abortion-inducing drugs Embalmers and Funeral Directors - Fetal remains, final disposition Health and Medical Services - Abortion services, government payments to entities referring or counseling, prohibition Health and Medical Services - Abortion, upon a minor Health and Medical Services - Abortion-inducing drug, medical procedure, pregnancy termination Health and Medical Services - Abortions, reporting Hospitals and Nursing Homes - Abortion facility, abortion-inducing drug report, abortion-induced drug procedure, pregnancy Hospitals and Nursing Homes - Fetal remains, final disposition Legislative Research Commission - Resolution, appointment of member, constitutional challenge Parental Rights - Abortion reporting requirements, audit Parental Rights - Fetal remains, final disposition, determination Pharmacists - Kentucky Board of Pharmacy, certification program, certification rules, abortion-inducing drugs Physicians and Practitioners - Abortion, upon a minor Physicians and Practitioners - Physician, abortion-inducing drug, medical procedures, pregnancy termination rules Reproductive Issues - Abortion reporting requirements, audit Reproductive Issues - Abortion services, government payments to entities referring or counseling, prohibition Reproductive Issues - Abortion, upon a minor State Agencies - Cabinet for Health and Family Services, abortion reporting requirements, consent forms State Agencies - Kentucky Board of Pharmacy, Kentucky Board of Medical Licensure, abortion-inducing rules Women - Abortion reporting requirements, audit Women - Abortion services, government payments to entities referring or counseling, prohibition Women - Abortion, upon a minor Administrative Regulations and Proceedings - Kentucky Board of Pharmacy, certification program, certification rules Attorney General - Abortion reporting audit, report Budget and Financial Administration - Abortion services, government payments to entities referring or counseling, prohibition Cemeteries and Burials - Fetal remains, final disposition Children and Minors - Abortion reporting requirements, audit Children and Minors - Abortion, upon a minor Cities - Abortion services, government payments to entities referring or counseling, prohibition Civil Actions - Abortion, upon a minor Civil Procedure - Abortion, upon a minor Civil Rights - Abortion, rights informed, informed consent acknowledgement Counties - Abortion services, government payments to entities referring or counseling, prohibition Reports Mandated - Abortion reporting audit Short Titles and Popular Names - Humanity in Healthcare Act of 2022 |
Jump to Proposed Amendments |
House Committee Substitute 1 House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 House Floor Amendment 5 Senate Committee Substitute 1 Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 Senate Floor Amendment 4 Senate Floor Amendment 5 |
Votes | Vote History |
Governor's Veto Message | Veto |
02/09/22 |
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02/23/22 |
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02/28/22 |
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03/01/22 |
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03/02/22 |
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03/03/22 |
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03/08/22 |
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03/23/22 |
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03/24/22 |
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03/25/22 |
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03/29/22 |
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03/30/22 |
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04/08/22 |
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04/13/22 |
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04/14/22 |
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Amendment | House Committee Substitute 1 |
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Summary | Retain original provisions, except delete the prohibiton of simultaneous cremation of fetal remains in KRS 213.081; add exemption to KRS 367.97514 for the simultaneous cremation of fetal remains; add exemption to KRS 213.096; make technical correction. |
Index Headings |
Embalmers and Funeral Directors - Fetal remains, final disposition Technical Corrections - Abortion-inducing drug reporting, reference correction Cemeteries and Burials - Fetal remains, final disposition |
Amendment | House Floor Amendment 1 |
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Sponsor | L. Willner |
Summary | Retain original provisions of the bill; create new sections of KRS Chapters 311, 315, and 213 to exempt various sections of the bill from the provision of any abortion when the life or health of the pregnant person is at risk. |
Index Headings |
Courts - Abortion, life or health of pregnant person Courts, Circuit - Abortion, life or health of pregnant person Crimes and Punishments - Abortion, life or health of pregnant person Criminal Procedure - Abortion, life or health of pregnant person Drugs and Medicines - Abortion, life or health of pregnant person Embalmers and Funeral Directors - Abortion, life or health of pregnant person Health and Medical Services - Abortion, life or health of pregnant person Hospitals and Nursing Homes - Abortion, life or health of pregnant person Pharmacists - Abortion, life or health of pregnant person Physicians and Practitioners - Abortion, life or health of pregnant person Reproductive Issues - Abortion, life or health of pregnant person Women - Abortion, life or health of pregnant person Cemeteries and Burials - Abortion, life or health of pregnant person Children and Minors - Abortion, life or health of pregnant person Civil Actions - Abortion, life or health of pregnant person Civil Procedure - Abortion, life or health of pregnant person Civil Rights - Abortion, life or health of pregnant person |
Amendment | House Floor Amendment 2 |
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Sponsor | M. Marzian |
Summary | Retain original provisions of the bill; create new sections of KRS Chapters 311, 315, and 213 to exempt various sections of the bill from the provision of any abortion when the pregnant person is of the Jewish faith. |
Index Headings |
Courts - Abortion, pregnant person, Jewish faith Courts, Circuit - Abortion, pregnant person, Jewish faith Crimes and Punishments - Abortion, pregnant person, Jewish faith Criminal Procedure - Abortion, pregnant person, Jewish faith Drugs and Medicines - Abortion, pregnant person, Jewish faith Embalmers and Funeral Directors - Abortion, pregnant person, Jewish faith Health and Medical Services - Abortion, pregnant person, Jewish faith Hospitals and Nursing Homes - Abortion, pregnant person, Jewish faith Pharmacists - Abortion, pregnant person, Jewish faith Physicians and Practitioners - Abortion, pregnant person, Jewish faith Reproductive Issues - Abortion, pregnant person, Jewish faith Women - Abortion, pregnant person, Jewish faith Cemeteries and Burials - Abortion, pregnant person, Jewish faith Children and Minors - Abortion, pregnant person, Jewish faith Civil Actions - Abortion, pregnant person, Jewish faith Civil Procedure - Abortion, pregnant person, Jewish faith Civil Rights - Abortion, pregnant person, Jewish faith |
Amendment | House Floor Amendment 3 |
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Sponsor | M. Marzian |
Summary | Retain original provisions of the bill; create new sections of KRS Chapters 311, 315, and 213 to exempt various sections of the bill from the provision of any abortion when the pregnant person is of the Jewish faith. |
Index Headings |
Courts - Abortion, pregnant person, Jewish faith Courts, Circuit - Abortion, pregnant person, Jewish faith Crimes and Punishments - Abortion, pregnant person, Jewish faith Criminal Procedure - Abortion, pregnant person, Jewish faith Drugs and Medicines - Abortion, pregnant person, Jewish faith Embalmers and Funeral Directors - Abortion, pregnant person, Jewish faith Health and Medical Services - Abortion, pregnant person, Jewish faith Hospitals and Nursing Homes - Abortion, pregnant person, Jewish faith Pharmacists - Abortion, pregnant person, Jewish faith Physicians and Practitioners - Abortion, pregnant person, Jewish faith Reproductive Issues - Abortion, pregnant person, Jewish faith Women - Abortion, pregnant person, Jewish faith Cemeteries and Burials - Abortion, pregnant person, Jewish faith Children and Minors - Abortion, pregnant person, Jewish faith Civil Actions - Abortion, pregnant person, Jewish faith Civil Procedure - Abortion, pregnant person, Jewish faith Civil Rights - Abortion, pregnant person, Jewish faith |
Amendment | House Floor Amendment 4 |
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Sponsor | L. Willner |
Summary | Retain original provisions of the bill; create new sections of KRS Chapters 311, 315, and 213 to exempt various sections of the bill from the provision of any abortion when the life or health of the pregnant person is at risk. |
Index Headings |
Courts - Abortion, life or health of pregnant person Courts, Circuit - Abortion, life or health of pregnant person Crimes and Punishments - Abortion, life or health of pregnant person Criminal Procedure - Abortion, life or health of pregnant person Drugs and Medicines - Abortion, life or health of pregnant person Embalmers and Funeral Directors - Abortion, life or health of pregnant person Health and Medical Services - Abortion, life or health of pregnant person Hospitals and Nursing Homes - Abortion, life or health of pregnant person Pharmacists - Abortion, life or health of pregnant person Physicians and Practitioners - Abortion, life or health of pregnant person Reproductive Issues - Abortion, life or health of pregnant person Women - Abortion, life or health of pregnant person Cemeteries and Burials - Abortion, life or health of pregnant person Children and Minors - Abortion, life or health of pregnant person Civil Actions - Abortion, life or health of pregnant person Civil Procedure - Abortion, life or health of pregnant person Civil Rights - Abortion, life or health of pregnant person |
Amendment | House Floor Amendment 5 |
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Sponsor | R. Roberts |
Summary | Retain original provisions of the bill; create new sections of KRS Chapters 311, 315, and 213 to exempt various sections of the bill from the provision of any abortion due to rape or incest. |
Index Headings |
Reproductive Issues - Abortion, exempt rape and incest Women - Abortion, exempt rape and incest Cemeteries and Burials - Abortion, exempt rape and incest Children and Minors - Abortion, exempt rape and incest Civil Actions - Abortion, exempt rape and incest Civil Procedure - Abortion, exempt rape and incest Civil Rights - Abortion, exempt rape and incest Courts - Abortion, exempt rape and incest Courts, Circuit - Abortion, exempt rape and incest Crimes and Punishments - Abortion, exempt rape and incest Criminal Procedure - Abortion, exempt rape and incest Drugs and Medicines - Abortion, exempt rape and incest Embalmers and Funeral Directors - Abortion, exempt rape and incest Health and Medical Services - Abortion, exempt rape and incest Hospitals and Nursing Homes - Abortion, exempt rape and incest Pharmacists - Abortion, exempt rape and incest Physicians and Practitioners - Abortion, exempt rape and incest |
Amendment | Senate Committee Substitute 1 |
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Summary | Retain original provisions except to amend preamble; change reporting requirements to the Cabinet for Health and Family Services; modify definition of "abortion-inducing drug"; add definition of "nonsurgical abortion provider"; require physicians to register with the cabinet as nonsurgical abortion providers to provide abortion-inducing drugs; require prescribing purpose on prescriptions; require the cabinet to create a certification program for pharmacies, manufacturers, and distributors of abortion-inducing drugs; require pharmacies and physicians to be certified by the United States Food And Drug Administration to dispense or provide abortion-inducing drugs; make the combination birth-death certificate optional for patients in the case of an abortion; permit transfer of fetal remains; require reporting of the dispensing of a prescription for an abortion-inducing drug to the cabinet; delete provisions for the General Assembly to bring action to enforce this Act; EMERGENCY. |
Index Headings |
Effective Dates, Emergency - Abortion-inducing drugs Embalmers and Funeral Directors - Fetal remains, final disposition Health and Medical Services - Abortion-inducing drugs, provision Pharmacists - Abortion-inducing drugs, provision Physicians and Practitioners - Abortion-inducing drugs, provision State Agencies - Cabinet for Health and Family Services, regulate, abortion-inducing drugs Cemeteries and Burials - Fetal remains, final disposition |
Amendment | Senate Floor Amendment 1 |
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Sponsor | D. Harper Angel |
Summary | Retain original provisions; create new sections of KRS Chapters 311 and 216B to exempt various sections of the bill from the provision of any abortion due to rape or incest. |
Index Headings |
Courts - Abortion, exempt rape and incest Courts, Circuit - Abortion, exempt rape and incest Crimes and Punishments - Abortion, exempt rape and incest Criminal Procedure - Abortion, exempt rape and incest Drugs and Medicines - Abortion, exempt rape and incest Embalmers and Funeral Directors - Abortion, exempt rape and incest Health and Medical Services - Abortion, exempt rape and incest Hospitals and Nursing Homes - Abortion, exempt rape and incest Pharmacists - Abortion, exempt rape and incest Physicians and Practitioners - Abortion, exempt rape and incest Reproductive Issues - Abortion, exempt rape and incest Women - Abortion, exempt rape and incest Cemeteries and Burials - Abortion, exempt rape and incest Children and Minors - Abortion, exempt rape and incest Civil Actions - Abortion, exempt rape and incest Civil Procedure - Abortion, exempt rape and incest Civil Rights - Abortion, exempt rape and incest |
Amendment | Senate Floor Amendment 2 |
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Sponsor | R. Alvarado |
Summary | Retain original provisions, except to make technical changes and require the cabinet to create a form for the status of fetal remains resulting from an abortion. |
Index Headings |
Embalmers and Funeral Directors - Fetal remains, final disposition State Agencies - Cabinet for Health and Family Services, regulate abortion Cemeteries and Burials - Fetal remains, final disposition |
Amendment | Senate Floor Amendment 3 |
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Sponsor | M. Wise |
Summary | Create a new section of KRS 311.781 to 311.786 to include declarations of the General Assembly; amend KRS 311.781 to define "gestational age" and "probable gestational age" and redefine "pain-capable unborn child" to change the age from 20 weeks or more 15 weeks or more; create a new section of KRS 311.781 to 311.786 to authorize the Attorney General and the Kentucky Board of Medical Licensure on its own behalf to file an action to enforce or for violation of KRS 311.781 to 311.786; amend KRS 311.782 to prohibit abortion when the probable gestational age is 15 week or more, with specified exceptions; amend KRS 311.783 and 311.787 to conform; establish severability and that nothing in this amendment creates or recognizes a right to abortion. |
Index Headings |
Health and Medical Services - Abortion, 15-week gestational age, prohibition Physicians and Practitioners - Abortion, Board of Medical Licensure, enforcement action, authorization Reproductive Issues - Abortion, 15-week gestational age, prohibition Women - Abortion, 15-week gestational age, prohibition Attorney General - Abortion, enforcement action, authorization |
Amendment | Senate Floor Amendment 4 |
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Sponsor | A. Southworth |
Summary | Retain original provisions of the bill; create a new section of KRS 311.781 to 311.786 to include declarations of the General Assembly; amend KRS 311.781 to define "gestational age" and "probable gestational age" and redefine "pain-capable unborn child" to change the age from 20 weeks or more to 15 weeks or more; create a new section of KRS 311.781 to 311.786 to authorize the Attorney General and the Kentucky Board of Medical Licensure on its own behalf to file an action to enforce or for violation of KRS 311.781 to 311.786; amend KRS 311.782 to prohibit abortion when the probable gestational age is 15 week or more, with specified exceptions; amend KRS 311.783 and 311.787 to conform; establish severability and that nothing in this amendment creates or recognizes a right to abortion; amend KRS 199.896 to provide that the license or certification of a child-care center shall not be refused or revoked for refusing to require facial coverings; create a new section of KRS Chapter 158 to prohibit requiring facial coverings on any public school premises, on school-sponsored transportation, or at a school-sponsored event; create a new section of KRS Chapter 164 to prohibit requiring facial coverings on property owned, leased, or operated by public postsecondary education institutions; provide exceptions for healthcare licensing board requirements imposed prior to January 1, 2020, and clinical research setting; require that individuals be permitted to opt-out of any public school requirement for medical devices and medical procedures and treatments; provide that an individual shall not be required to submit any documentation or certification to opt-out; provide that nothing in the section shall be interpreted to contradict KRS 158.035; provide that postsecondary education institutions may not require individuals to use medical devices and submit to medical procedures and treatments in response to the COVID-19 pandemic on property not used for the delivery of medical services; provide that a postsecondary education institution may implement a requirement for facial coverings that is not responsive to the COVID-19 pandemic; EMERGENCY. |
Index Headings |
Effective Dates, Emergency - Abortion-inducing drugs Education, Elementary and Secondary - Facial coverings, limited prohibition of requirement, parent opt-out, response to COVID-19 pandemic Education, Higher - Facial coverings, limited prohibition of requirement, response to COVID-19 pandemic Health and Medical Services - Facial coverings, limited prohibition of requirement, response to COVID-19 pandemic Health and Medical Services - Abortion 15-week gestational age, prohibition Physicians and Practitioners - Abortion, Board of Medical Licensure, enforcement action, authorization Piggybacked Bills - HB 51/GA to HB 3/SCS Reproductive Issues - Abortion, 15-week gestational age, prohibition Universities and Colleges - Facial coverings, limited prohibition of requirement, response to COVID-19 pandemic Women - Abortion, 15-week gestational age, prohibition Attorney General - Abortion, enforcement action, authorization Children and Minors - Facial coverings, limited prohibition of requirement, parent opt-out, response to COVID-19 pandemic |
Amendment | Senate Floor Amendment 5 |
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Sponsor | A. Southworth |
Summary | Create a new section of KRS Chapter 344 to define terms; prohibit a public entity from requiring an employee to be immunized against disease or provide evidence of immunization status; create a new section of KRS Chapter 446 to require an employer to grant an exemption against immunization against disease based upon religious grounds; establish a cause of action for violation of the requirement. |
Index Headings |
Occupational Safety and Health - Employer vaccine mandate, written notice, exceptions Public Health - Employer vaccine mandate, religious exception State Employees - Immunization status, prohibit vaccine passport, disclosure allowance Labor and Industry - Employer vaccine mandate, religious exception Labor and Industry - Employer vaccine mandate, written notice, exception Occupational Safety and Health - Employer vaccine mandate, religious exception |
Last updated: 2/8/2023 2:57 PM (EST)