Professional Documents
Culture Documents
2 emergency.
5 TO READ AS FOLLOWS:
7 (1) "Abortion" has the same meaning as in KRS 311.720. However, as used in
8 Sections 1 to 7 of this Act, an abortion shall not include the use of any means to
10 (a) Save the life or preserve the health of the unborn child;
13 (2) "Advanced practice registered nurse" has the same meaning as in KRS 314.011;
15 infant from his or her mother, regardless of the state of gestational development,
16 who, after expulsion or extraction, whether or not the umbilical cord has been
19 induced abortion, shows any evidence of life, including but not limited to one (1)
21 (a) Breathing;
22 (b) A heartbeat;
27 who has knowledge or understanding of the act or action to which he or she has
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1 agreed or acquiesced;
2 (5) "Healthcare provider" means any individual who may be asked to participate in
9 (6) "Infant" means a child of the species homo sapiens who has been completely
11 gestational development, until the age of thirty (30) days post birth;
12 (7) "Medical facility" means any public or private hospital, clinic, center, medical
18 (10) "Physician assistant" has the same meaning as in KRS 311.840; and
21 TO READ AS FOLLOWS:
22 (1) The General Assembly of the Commonwealth of Kentucky hereby finds that:
24 human life;
25 (b) If an attempted abortion results in the live birth of an infant, the infant is a
26 legal person for all purposes under the laws of this Commonwealth;
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3 its interest in protecting an infant whose live birth occurred as the result of
5 (d) Without proper legal protection, newly born infants who survive attempted
8 (2) Based on the findings in subsection (1) of this section, the purposes of Sections 1
10 (a) Ensure the protection and promotion of the health and well-being of all
14 born-alive infants.
15 SECTION 3. A NEW SECTION OF KRS 311.710 TO 311.830 IS CREATED
16 TO READ AS FOLLOWS:
18 (a) Nourishment with the intent to cause or allow the death of the infant for
24 surgical care.
25 (2) (a) A physician performing an abortion shall take all medically appropriate
26 and reasonable steps to preserve the life and health of a born-alive infant. If
27 an abortion performed in a:
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2 shall provide immediate medical care to the infant, inform the mother
6 or
9 to the infant and call 911 for an emergency transfer of the infant to a
12 (b) If the physician is unable to perform the duties in paragraph (a) of this
15 registered nurse, nurse, or other healthcare provider shall assume the duties
17 (3) Any born-alive infant, including one (1) born in the course of an abortion
20 care and treatment. After birth, a birth certificate shall be issued and, if death
22 (4) If the parent of a born-alive infant files a petition for voluntary termination of
23 parental rights in accordance with KRS 625.040 because she or he does not wish
24 to keep the infant, the born-alive infant shall become a ward of the Cabinet for
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2 (6) (a) The requirements of this section shall not be construed to prevent a born-
7 2. Has a potential risk to the infant's life or health that outweighs the
9 3. Will do no more than temporarily prolong the act of dying when death
10 is imminent.
11 (b) The parent or guardian of a born-alive infant shall not be held criminally
14 violation of this section and to which the parent or guardian did not give
15 consent.
16 SECTION 4. A NEW SECTION OF KRS 311.710 TO 311.830 IS CREATED
17 TO READ AS FOLLOWS:
18 In addition to whatever remedies are available under the laws of this Commonwealth,
20 (1) Provide a basis for a civil action for compensatory and punitive damages. Any
21 conviction under Section 3 of this Act shall be admissible in a civil suit as prima
23 medical care and treatment to a born-alive infant. Any civil action may be based
24 on a claim that the death of or injury to the born-alive infant was a result of
27 (2) Provide a basis for professional disciplinary action for the suspension or
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4 comply with subsection (2) of Section 3 of this Act shall result in the automatic
5 suspension of his or her license for a period of at least one (1) year and the
6 license shall be reinstated after that time only under such conditions as the
7 licensing body shall require to ensure compliance with Section 3 of this Act; and
8 (3) Provide a basis for recovery for the parent of the infant, or the parent or
9 guardian of the mother if the mother is a minor, for the wrongful death of the
10 infant, whether or not the infant was viable at the time the attempted abortion
11 was performed.
12 SECTION 5. A NEW SECTION OF KRS 311.710 TO 311.830 IS CREATED
13 TO READ AS FOLLOWS:
15 (1) To affirm, deny, expand, or contract any legal status or legal right applicable to
16 any member of the species homo sapiens at any point prior to being born alive;
21 TO READ AS FOLLOWS:
24 the maximum effect permitted by law, unless such holding shall be one of utter
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2 TO READ AS FOLLOWS:
3 (1) The General Assembly, by joint resolution, may appoint one (1) or more of its
4 members, who sponsored or cosponsored this Act in his or her official capacity,
6 law is challenged.
9 may apply to any legislator, legislative staff, legislative agency or entity, or the
10 legislative branch.
11 Section 8. KRS 311.595 is amended to read as follows:
12 If the power has not been transferred by statute to some other board, commission, or
13 agency of this state, the board may deny an application or reregistration for a license;
14 place a licensee on probation for a period not to exceed five (5) years; suspend a license
15 for a period not to exceed five (5) years; limit or restrict a license for an indefinite period;
16 or revoke any license heretofore or hereafter issued by the board, upon proof that the
17 licensee has:
21 (2) Practiced, or aided or abetted in the practice of fraud, forgery, deception, collusion,
25 (4) Entered a guilty or nolo contendere plea, or been convicted, by any court within or
26 without the Commonwealth of Kentucky of a crime as defined in KRS 335B.010, if
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1 (5) Been convicted of a misdemeanor offense under KRS Chapter 510 involving a
3 been found by the board to have had sexual contact as defined in KRS 510.010(7)
4 with a patient while the patient was under the care of the physician;
14 (10) Knowingly made, or caused to be made, or aided or abetted in the making of, a false
16 profession;
18 profession in this state, any person not duly licensed or otherwise aided, assisted, or
19 abetted the unlawful practice of medicine or osteopathy or any other healing art;
21 violation of, or conspired to violate any provision or term of any medical practice
22 act, including but not limited to the code of conduct promulgated by the board under
24 (13) Violated any agreed order, letter of agreement, final order, or emergency order
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1 different name;
2 (15) Obtained a fee or other thing of value on the fraudulent representation that a
5 (17) Had his license to practice medicine or osteopathy in any other state, territory, or
7 other disciplinary action by the licensing authority thereof. This subsection shall not
10 this state in violation of a valid medical scholarship loan contract with the trustees
12 (19) Given or received, directly or indirectly, from any person, firm, or corporation, any
15 311.530 to 311.620 in his professional capacity or for any professional services not
16 actually and personally rendered; provided, however, that nothing contained in this
17 subsection shall prohibit persons holding valid and current licenses under KRS
22 accordance with the partnership agreement or the policies of the board of directors
24 abrogate the right of two (2) or more persons holding valid and current licenses
27 knowledge of this division and if the division is made in proportion to the services
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3 association or society when the action was based upon what the association or
5 or a violation of any provision of KRS Chapter 311. This subsection shall not
7 (21) Been disciplined by a licensed hospital or medical staff of the hospital, including
10 action if the action was based upon what the hospital or medical staff found to be
12 any provisions of KRS Chapter 311. This subsection shall not require relitigation of
14 (22) Failed to comply with the requirements of KRS 213.101, 311.782, or 311.783 or
15 failed to submit to the Vital Statistics Branch in accordance with a court order a
17 (23) Failed to comply with any of the requirements regarding making or maintaining
23 (1) The board may revoke, suspend, deny, decline to renew, limit, or restrict the license
25 probation for no more than five (5) years upon proof that a physician assistant has:
26 (a) Knowingly made or presented or caused to be made or presented any false,
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12 medicine or osteopathy;
14 supervising physician;
17 (i) Exceeded the scope of practice for which the physician assistant was
25 (m) Been removed, suspended, expelled, or placed on probation by any health care
26 facility or professional society for unprofessional conduct, incompetence,
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1 311.862;
4 (o) Violated any term of probation or other discipline imposed by the board;[ or]
6 education; or
10 accordance with the provisions of KRS 311.591, 311.592, 311.593, 311.599, and
11 KRS Chapter 13B and related administrative regulations promulgated under KRS
12 Chapter 311.
14 (1) Any person who violates KRS 311.250 shall be guilty of a violation.
15 (2) Any college or professor thereof violating the provisions of KRS 311.300 to
16 311.350 shall be civilly liable on his bond for a sum not less than one hundred
17 dollars ($100) nor more than one thousand dollars ($1,000) for each violation,
19 (3) Any person who presents to the county clerk for the purpose of registration any
20 license which has been fraudulently obtained, or obtains any license under KRS
23 or former practitioner of a like or different name, or aids and abets any person in the
24 practice of podiatry within the state without conforming to the requirements of KRS
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3 (5) Each violation of KRS 311.590 shall constitute a Class D felony. Conviction under
7 interfering with the board or any of its members, or of any officer, agent, inspector,
8 or investigator of the board or the Cabinet for Health and Family Services, in the
9 administration of any of the provisions of KRS 311.550 to 311.620 shall be a Class
10 A misdemeanor.
11 (7) Each violation of KRS 311.375(1) shall, for the first offense, be a Class B
13 (8) Each violation of KRS 311.375(2) shall, for the first offense, be a violation, and, for
15 (9) Each day of violation of either subsection of KRS 311.375 shall constitute a
16 separate offense.
17 (10) (a) Any person who intentionally or knowingly performs an abortion contrary to
21 (11) (a) 1. Any physician who performs a partial-birth abortion in violation of KRS
24 necessary to save the life of the mother whose life was endangered by a
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3 quorum, shall be admissible at the trial of the physician. The board shall
5 subparagraph.
6 3. Upon a motion of the physician, the court shall delay the beginning of
7 the trial for not more than thirty (30) days to permit the hearing, referred
11 provisions of law which prohibit any person other than a physician from
13 (c) No penalty shall be assessed against the woman upon whom the partial-birth
15 (12) Any person who intentionally performs an abortion with knowledge that, or with
19 (13) Any person who negligently releases information or documents which are
21 (14) Any person who performs an abortion upon a married woman either with
22 knowledge or in reckless disregard of whether KRS 311.735 applies to her and who
25 (15) Any person convicted of violating KRS 311.750 shall be guilty of a Class B felony.
26 (16) Any person who violates KRS 311.760(2) shall be guilty of a Class D felony.
27 (17) Any person who violates KRS 311.770 shall be guilty of a Class D felony.
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1 (18) Except as provided in KRS 311.787(3), any person who intentionally violates KRS
3 (19) A person convicted of violating KRS 311.780 shall be guilty of a Class C felony.
4 (20) Except as provided in KRS 311.782(6), any person who intentionally violates KRS
6 (21) Any person who violates KRS 311.783(1) shall be guilty of a Class B misdemeanor.
7 (22) Any person who violates KRS 311.7705(1) is guilty of a Class D felony.
8 (23) Any person who violates KRS 311.7706(1) is guilty of a Class D felony.
9 (24) Except as provided in KRS 311.731(7), any person who violates KRS 311.731(2)
11 (25) Any physician, physician assistant, advanced practice registered nurse, nurse, or
15 (26) Any person who intentionally violates subsection (5) of Section 3 of this Act shall
18 misdemeanor.
20 hospital or hospital medical staff who shall have violated the provisions of KRS
23 publicly owned health care facility who performs or permits the performance of
25 (30)[(28)] Any person who violates KRS 311.905(3) shall be guilty of a violation.
26 (31)[(29)] Any person who violates the provisions of KRS 311.820 shall be guilty of a
27 Class A misdemeanor.
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1 (32)[(30)] (a) Any person who fails to test organs, skin, or other human tissue which is
4 (b) Any person who has human immunodeficiency virus infection, who knows he
5 is infected with human immunodeficiency virus, and who has been informed
7 human tissue who donates organs, skin, or other human tissue shall be guilty
8 of a Class D felony.
9 (33)[(31)] Any person who sells or makes a charge for any transplantable organ shall be
11 (34)[(32)] Any person who offers remuneration for any transplantable organ for use in
12 transplantation into himself shall be fined not less than five thousand dollars
14 (35)[(33)] Any person brokering the sale or transfer of any transplantable organ shall be
18 distributing, or transplanting the transplantable organ shall be fined not less than
19 fifty thousand dollars ($50,000) nor more than five hundred thousand dollars
20 ($500,000).
23 shall be fined not less than ten thousand dollars ($10,000) or more than fifty
25 (38)[(36)] (a) Any physician or qualified technician who violates KRS 311.727 shall
26 be fined not more than one hundred thousand dollars ($100,000) for a first
27 offense and not more than two hundred fifty thousand dollars ($250,000) for
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2 (b) In addition to the fine, the court shall report the violation of any physician, in
3 writing, to the Kentucky Board of Medical Licensure for such action and
5 (39)[(37)] Any person who violates KRS 311.691 shall be guilty of a Class B
6 misdemeanor for the first offense, and a Class A misdemeanor for a second or
7 subsequent offense. In addition to any other penalty imposed for that violation, the
8 board may, through the Attorney General, petition a Circuit Court to enjoin the
9 person who is violating KRS 311.691 from practicing genetic counseling in
11 (40)[(38)] Any person convicted of violating KRS 311.728 shall be guilty of a Class D
12 felony.
14 (1) The board shall have power to reprimand, deny, limit, revoke, probate, or suspend
15 any license or credential to practice nursing issued by the board or applied for in
16 accordance with this chapter or the privilege to practice as a nurse recognized by the
23 (b) Has been convicted of any felony, or a misdemeanor involving drugs, alcohol,
27 conviction or a copy thereof, certified by the clerk of the court or by the judge
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2 (c) Has been convicted of a misdemeanor offense under KRS Chapter 510
4 530.064(1)(a), or 531.310, or has been found by the board to have had sexual
5 contact as defined in KRS 510.010(7) with a patient while the patient was
7 (d) Has negligently or willfully acted in a manner inconsistent with the practice of
8 nursing;
9 (e) Is unfit or incompetent to practice nursing by reason of negligence or other
10 causes, including but not limited to, being unable to practice nursing with
13 alcohol;
14 (g) Has misused or misappropriated any drugs placed in the custody of the nurse
16 (h) Has falsified or in a negligent manner made incorrect entries or failed to make
23 student loan;
25 (k) Has violated any lawful order or directive previously entered by the board;
26 (l) Has violated any administrative regulation promulgated by the board;
27 (m) Has been listed on the nurse aide abuse registry with a substantiated finding of
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5 (p) Has used or been impaired as a consequence of the use of alcohol or drugs
8 (r) Has engaged in conduct that is subject to the penalties under KRS 304.99-
9 060(4) or (5); or
12 (2) All hearings shall be conducted in accordance with KRS Chapter 13B. A suspended
15 (3) The executive director may issue subpoenas to compel the attendance of witnesses
17 may be enforced by the Circuit Court as for contempt. Any order or subpoena of the
18 court requiring the attendance and testimony of witnesses and the production of
19 documentary evidence may be enforced and shall be valid anywhere in this state.
20 (4) At all hearings on request of the board the Attorney General of this state or one (1)
21 of the assistant attorneys general designated by the Attorney General shall appear
24 (6) Any person adversely affected by any final order of the board may obtain a review
25 thereof by filing a written petition for review with the Circuit Court of the county in
26 which the board's offices are located in accordance with KRS Chapter 13B.
27 (7) If the board substantiates that sexual contact occurred between a nurse and a patient
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1 while the patient was under the care of or in a professional relationship with the
2 nurse, the nurse's license, privilege, or credential may be revoked or suspended with
3 mandatory treatment of the nurse as prescribed by the board. The board may require
4 the nurse to pay a specified amount for mental health services for the patient which
6 (8) The board may, by administrative regulation, provide for the recovery of the costs
7 of an administrative hearing.
11 reasonably restrict, or take any combination of these actions against any licensee,
14 (b) Mental or physical incapacity that prevents the licensee, permit holder, or
18 (c) Being convicted of, or entering an "Alford" plea or plea of nolo contendere to,
20 sentence imposed following the conviction or entry of such plea, one (1) or
27 pharmacy with reasonable skill, competence, and safety to the public and
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11 pharmacy technician;
12 (h) Being found by the board to be in violation of any provision of this chapter,
15 (i) Violation of any order issued by the board to comply with any applicable law
16 or administrative regulation;
21 (k) Failure to notify the board within fourteen (14) days of a change in one's home
22 address; or
25 (2) Unprofessional or unethical conduct includes but is not limited to the following acts
26 of a pharmacist, pharmacist intern, or pharmacy technician:
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7 patient;
10 3. Designated agents of the Cabinet for Health and Family Services for the
12 4. Any federal, state, or municipal officer whose duty is to enforce the laws
13 of this state or the United States relating to drugs and who is engaged in
21 illegal activities;
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4 required, without having first received a prescription drug order for the drug;
16 (l) Engaging in conduct that is subject to the penalties under KRS 304.99-060(4)
17 or (5).
18 (3) Any licensee, permit holder, or certificate holder entering an "Alford" plea, pleading
20 (1)(c) of this section shall within thirty (30) days notify the board of that plea or
23 (4) Any person whose license, permit, or certificate has been revoked in accordance
24 with the provisions of this section, may petition the board for reinstatement. The
25 petition shall be made in writing and in a form prescribed by the board. The board
26 shall investigate all reinstatement petitions, and the board may reinstate a license,
27 permit, or certificate upon showing that the former holder has been rehabilitated and
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2 competency, and safety to the public. Reinstatement may be on the terms and
4 necessary to protect the health and welfare of the citizens of the Commonwealth.
5 (5) Upon exercising the power of revocation provided for in subsection (1) of this
6 section, the board may reasonably prohibit any petition for reinstatement for a
8 (6) Any licensee, permit holder, or certificate holder who is disciplined under this
9 section for a minor violation may request in writing that the board expunge the
11 permanent record.
12 (a) The request for expungement may be filed no sooner than three (3) years after
13 the date on which the licensee, permit holder, or certificate holder has
15 certificate holder has not been disciplined for any subsequent violation of the
17 (b) No person may have his or her record expunged under this section more than
18 once.
19 The board shall promulgate administrative regulations under KRS Chapter 13A to
20 establish violations which are minor violations under this subsection. A violation
22 practice the profession; assist in the practice of pharmacy; provide home medical
23 equipment and services; adversely affect the public health, safety, or welfare; or
25 such harm.
26 Section 13. This Act may be cited as the Born-Alive Infant Protection Act.
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1 in protecting all human life, an emergency is declared to exist, and this Act takes effect
2 upon its passage and approval by the Governor or upon its otherwise becoming a law.
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