A rundown of the 7 abortion-related bills pending in Kentucky legislature
With the 2020 legislative session more than halfway over, seven bills are pending that would affect abortion rights in Kentucky, continuing a wave of anti-abortion legislation lawmakers have proposed or enacted since Republicans took control of the General Assembly in 2017.
They include:
The “conscience” bill
Senate Bill 90, dubbed the “conscience bill,” would allow health care workers to opt out of providing a procedure or medication they find objectionable. It also would allow insurance companies to refuse payment in such cases.
Sen. Stephen Meredith, R-Leitchfield, said the intent is to provide protection for health workers who have moral or ethical concerns. Opponents say it could limit access to abortion, contraceptives and a host of other medical services.
The bill passed the Senate Judiciary Committee Feb. 20 and is now before the Senate.
House Bill 67, sponsored by Rep. Joe Fischer, R-Fort Thomas, would add language to the state constitution specifying it includes no right to abortion in Kentucky.
If passed by the General Assembly, the measure would require a constitutional amendment which the voters would be asked to approve in November.
HB 67 was approved Feb. 20 by the House Elections, Constitutional Amendments and Intergovernmental Affairs Committee and now goes to the full House.
Abortion “gag” rule
House Bill 142, sponsored by Rep. Lynn Bechler, R-Marion, would prohibit public funds for any entity that provides abortions or counsels or refers patients for the procedure. Opponents have dubbed it the “gag rule” because it bars health providers or counselors from discussing abortion with patients if they receive any public money.
HB 142 is pending in the House Appropriations and Revenue Committee.
Fetal remains bill
House Bill 370, sponsored by Rep. Nancy Tate, a Meade County Republican, calls for the “dignified treatment of fetal remains,” requiring that they be disposed of through cremation or interment by a licensed facility.
The bill would make it a felony to improperly dispose of fetal remains and prohibits selling fetal tissue.
It is pending in the House Judiciary Committee.
Auditing abortion records
House Bill 391, sponsored by Rep. Stan Lee, R-Lexington, would authorize the state Auditor of Public Accounts to perform an annual audit of whether facilities such as hospitals or abortion clinics are following state requirements to report all abortions to the state Office of Vital Statistics.
State law requires them to report information including the age, race and state of residence of the patient, age in weeks of the fetus and the type of abortion, such as surgical or by medication. It does not include reporting any identifying information regarding the patient.
HB 391 is pending in the House Health and Family Services Committee.
Attorney General enforcement
House Bill 451, also sponsored by Rep. Stan Lee, would expand the power of the state Attorney General to take action against any abortion facility found to be violating state law or regulations, including seeking civil or criminal penalties.
Current law allows the attorney general to file a lawsuit against the facility to obtain an court injunction upon authorization of the Cabinet for Health and Family Services. HB 451 would allow the attorney general to act without the cabinet’s authorization.
It is pending in the House Judiciary Committee.
Infant born alive billq
Senate Bill 9, sponsored by Sen. Whitney Westerfield, a Hopkinsville Republican, would protect infants born alive during a late-term abortion, which is not allowed in Kentucky. Abortions are banned after 20 weeks into a pregnancy, under state law.
Westerfield said he is not aware of such a situation ever occurring in Kentucky but wants the measure enacted as a precaution.
It has passed the Senate and awaits action in the House.
By Deborah Yetter
Louisville Courier Journal
