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HB 85/FN (BR 905) - K. Stine, Ro. Adams, S. Baugh, L. Brandstetter, K. Bratcher, J. Bruce, Dw. Butler, S. Cave, P. Clark, B. Colter, B. Crall, R. Crimm, R. Damron, D. Ford, J. Gooch, B. Heleringer, K. Hogancamp, T. Kerr, P. Marcotte, A. Maricle, R. Murgatroyd, L. Napier, J. Reinhardt, A. Simpson, M. Treesh, J. Vincent, C. Walton, P. Worthington
AN ACT relating to abortion.
Amend KRS 311.720 to define "medical emergency", "probable gestational age of the embryo or fetus"; and "qualified person"; create a new section of KRS 311.710 to 311.820 to prohibit the performance or inducement of abortion without informed consent; require physician, at least 24 hours prior to performance or inducement of abortion. to inform the pregnant woman of the nature of the abortion, the probable gestational age of the embryo or fetus, and the medical risks, including the risk of breast cancer; require the woman to certify in writing that she has received this information; require that information be given to the woman about medical assistance for childbirth, prenatal and postnatal care, and the father's legal obligation to contribute to the support of a child; require the Cabinet for Human Resources to publish certain materials informing pregnant women about family planning, publicly funded agencies to assist with pregnancy, childbirth, and adoption; require development of descriptive materials concerning embryo or fetus; permit civil action for failure to conform to requirements; repeal KRS 311.726 and 311.729.
HB 85 - AMENDMENTS
HCS/FN - Retain the original provisions of House Bill 85, except permit the doctor who will perform the abortion to delegate to others responsibilities with regard to informing the pregnant woman about abortion and delete the civil cause of action against a physician who performs an abortion with actual knowledge that the abortion took place without informed consent or with wanton indifference as to whether the abortion took place without informed consent.
HFA (1, S. Nunn) - Require that a woman seeking an abortion may request written material through the mail and may schedule her abortion 24 hours after receipt of the written materials; require the facility to mail out written materials 24 hours after receipt of request; require informed consent for the abortion procedure, which means the woman upon whom the abortion is performed or induced provides written documentation that she is aware of the risks involved and any alternative procedures or that she has voluntarily viewed the written materials.
HCA (1, M. Treesh) - Direct the cabinet to charge a fee for the distribution and administration of information materials.
HFA (2, S. Nunn) - Require that a woman seeking an abortion may request written material through the mail and may schedule her abortion 24 hours after receipt of the written materials; requires the facility to mail out written materials 24 hours after receipt of request; requires informed consent for the abortion procedure which means the woman upon whom the abortion is performed or induced provides written documentation that she is aware of the risks involved and any alternative procedures or that she has voluntarily viewed the written materials.
HFA (3, K. Stein) - Remove the Cabinet for Human Resources charge for each copy.
HFA (4, K. Stein) - Require people giving information about abortion to provide information about welfare and its benefits.
HFA (5, K. Stein) - Allow the Cabinet for Human Resources to charge no more than $10 per one hundred copies.
HFA (6, R. Palumbo) - Add counselor to the list of persons who inform woman, and have these people advise the pregnant woman of the percentage of fathers who do not pay child support, the average delinquent support payments, the number of children who are not supported by fathers, and other information about fathers and children.
HFA (7, M. Marzian) - Request the Legislative Research Commission to study the most reasonable, cost effective and efficient way to implement informed consent.
HFA (8, M. Marzian) - Add counselor to list of those who may be permitted to provide abortion information to a pregnant woman.
HFA (9, M. Marzian) - Add that the Cabinet for Human Resources is to prepare informed consent materials in Spanish, Vietnamese and Japanese, as well as English, and to charge no more than $10 per 100 copies.
HFA (10, M. Marzian) - Create a task force to be appointed by the Legislative Research Commission to include outside members including members of the ACLU, planned parenthood, KMA, and the Cabinet for Human Resources, make effective date July 15, 2001.
HFA (11, E. Jordan) - Provide that the information that is published by the Cabinet show the fetal depictions in their actual size.
HFA (12, E. Jordan) - Eliminate the depictive materials being done in 4-week increments.
HFA (13, J. Jenkins) - Conduct survey of pregnant women to determine why they chose abortion.
HFA (14, J. Jenkins) - Make informed consent pursuant to KRS 311.732.
HFA (15, J. Jenkins) - Relieve victims of sexual assault or incest from complying with 24-hour informed consent provisions.
HFA (16, J. Jenkins) - Create a task force, appointed by the Legislative Research Commission, to include outside members including members of the ACLU, planned parenthood, KMA, right to life, an adoption agency, and the Cabinet for Human Resources; make effective date July 15, 2001.
HFA (17, K. Stein) - Require people giving information about abortion to provide information about welfare and its benefits.
HFA (18, M. Marzian) - Delete 24-hour provisions.
HFA (19, G. Stumbo) - Allow women over the age of 18 to waive in writing the 24-hour information period.
HFA (20, S. Johns) - Remove disciplinary action from physician if the physician does not provide informed consent measures.
HFA (21, M. Marzian) - Remove 24-hour notice provision before a patient may have an abortion.
HFA (22, S. Johns) - Require verbal information to be given by a sign language interpreter for the hearing impaired.
HFA (23, M. Marzian) - Provide written information for informed consent be provided in English, Spanish, Vietnamese, and Japanese and in braille.
HFA (24, C. Geveden) - Allow a qualified person or representative of the public health department to give information in order for a woman to have informed consent to a termination of pregnancy.
HFA (25, C. Geveden) - Allow information for informed consent to be given out by health department designee.
HFA (26, S. Johns) - Allow information for informed consent to be given out by health department.
HFA (27, M. Marzian) - Allow information for informed consent to be in written form and provide that it does not have to be done in an individual, private setting.
HFA (28, M. Marzian) - Allow information for informed consent to be in a public school, public library, or public health department.
HFA (29, M. Marzian) - Allow a public health department to make information available in order for a woman to have informed consent to a termination of pregnancy.
HFA (30, S. Johns) - Provide that high school sexual education classes teach abstinence as a method to prevent abortions.
HFA (31, S. Johns) - Provide that high school parenting education classes use infant simulators as a method to prevent abortions.
HFA (32, C. Geveden) - Require information necessary for informed consent to be accessible on the internet.
HFA (33, R. Palumbo) - Information necessary for informed consent to be unbiased and accurate, and to include information on all options.
HFA (34, M. Marzian) - Require that any facility that provides pregnancy tests, abortion information, abortion alternatives, and options counseling meet the same standards of care as other offices.
HFA (35, E. Jordan) - Provide for an exception to informed consent to a pregnant woman whose fetus has a fetal anomaly
SFA (1, E. Scorsone) - Allow a qualified person or representative of the public health department to give information in order for a woman to have informed consent to a termination of a pregnancy.
SFA (2, E. Scorsone) - Exempt victims of sexual assault or incest from compliance with 24-hour informed consent provisions.
SFA (3, E. Scorsone) - Provide for an exception to informed consent when a fetus has a fetal anomaly.
SFA (4, E. Rose) - Define the term "severe fetal anomaly" and provide exemption from 24 hour abortion informed consent requirement.
SFA (5, N. Kafoglis) - Retain provisions of GA version of bill except allow a pregnant woman to obtain required information relating to abortions from any physician, licensed nurse, physician assistant, or social worker; require that written certification that the information was provided be obtained, and that a copy be provided to the pregnant woman so that she may give it to the physician scheduled to perform the procedure; allow persons providing information that are not scheduled to perform the procedure to collect a fee for providing the information.
SFA (6, E. Rose) - Exempt pregnancies resulting from rape or incest from 24-hour informed consent procedure for abortion; require the patient to attest to the fact of rape or incest and that the writing be entered into the patient's medical record.
SFA (7, N. Kafoglis) - WITHDRAWN
SFA (8, N. Kafoglis) - Retain provisions of GA version of bill except allow a pregnant woman to obtain required information relating to abortions from any physician, licensed nurse, physician assistant, social worker; or county health department representative; require that written certification that the information was provided be obtained, and that a copy be provided to the pregnant woman so that she may give it to the physician scheduled to perform the procedure; allow persons providing information that are not scheduled to perform the procedure to collect a fee for providing the information.
(Prefiled by the sponsor(s).)
Jan 6-introduced in House
Jan 7-to Judiciary (H)
Feb 17-posted in committee; posting waived
Feb 19-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 20-2nd reading, to Rules
Feb 24-recommitted to Appropriations and Revenue (H)
Feb 26-posted in committee
Mar 3-reported favorably, to Rules with Committee Amendment (1)
Mar 4-floor amendment (1) filed
Mar 5-floor amendments (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) and (18) filed to Committee Substitute
Mar 6-posted for passage in the Regular Orders of the Day for March 9, 1998; floor amendments (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) (32) (33) and (34) filed to Committee Substitute
Mar 10-floor amendment (35) filed to Committee Substitute
Mar 11-3rd reading,; floor amendments (2) (4) (7) (11) (13) (15) (19) (23) (26) (30) (33) (34) (35) defeated; passed 75-19 with Committee Substitute and Committee Amendment (1)
Mar 12-received in Senate
Mar 13-to State and Local Government (S)
Mar 19-reported favorably, 1st reading, to Consent Calendar
Mar 20-floor amendments (1) (2) and (3) filed; 2nd reading, to Rules
Mar 23-floor amendments (4) (5) and (6) filed; posted for passage in the Consent Orders of the Day for March 25, 1998
Mar 24-floor amendments (7) and (8) filed; floor amendment (7) withdrawn
Mar 25-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; 3rd reading,; floor amendments (1) (3) (5) and (6) withdrawn; floor amendments (2) (4) and (8) defeated; passed 25-11
Mar 26-received in House; enrolled, signed by each presiding officer
Mar 27-delivered to Governor
Apr 7-vetoed
Apr 15-veto overriden in House 71-24; veto overriden in Senate 23-10; delivered to Secretary of State
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