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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) To be eligible to register as a nonsurgical abortion provider, the cabinet shall require a qualified physician to:
(a) Be licensed to practice medicine and in good standing in Kentucky;
(b) Examine any patient in-person prior to providing abortion-inducing drugs;
(c) Sign an annual “Dispensing Agreement Form,” to be developed and provided by the cabinet, prior to providing abortion-inducing drugs;
(d) Inform the patient of gestational age-specific risks of using abortion-inducing drugs;
(e) Assess for signs of domestic abuse, reproductive control, human trafficking, and other signals of coerced abortion, per current state guidelines;
(f) Inform the patient that studies show babies born following the abortion reversal process have a rate of birth defects no higher than the general population;
(g) Inform the patient that studies show that following a reversal process or otherwise treating a pregnant patient with progesterone during pregnancy does not lead to increased mortality rates;
(h) Refrain from intentionally or knowingly supplying abortion-inducing drugs to patients who present with any of the following:
1. Absence of a pregnancy;
2. Being post-seventy (70) days gestation or post-ten (10) weeks of pregnancy; or
3. Risk factors associated with abortion-inducing drugs, including but not limited to:
a. A history of ectopic pregnancies;
b. Problems with the adrenal glands near the kidneys;
c. Being treated with long-term corticosteroid therapy;
d. Allergic reactions to abortion-inducing drugs, mifepristone, misoprostol, or similar drugs;
e. Bleeding problems or taking anticoagulant drug products;
f. Inherited porphyria;
g. An intrauterine device in place; or
h. Being Rh negative, requiring treatment with the prevailing medical standard of care to prevent harmful fetal or child outcomes or Rh incompatibility in future pregnancies before providing abortion-inducing drugs;
(i) Provide or refer for emergency surgical intervention in cases of incomplete abortion, severe bleeding, or other abortion complications or adverse events, through maintaining hospital admitting privileges or entering into a written agreement with an associated physician;
(j) Ensure patient access to medical facilities equipped to provide blood transfusions and resuscitation or other necessary treatments, if necessary;
(k) Sign, and ensure that the patient signs, all legally required informed- consent material, provide the patient with a copy showing both signatures, and place the original in the patient's medical record and forward to a certified pharmacy, if appropriate;
(l) Record the serial number, National Drug Code, lot number, and expiration date from each package of each abortion-inducing drug given to the patient in the patient's medical record;
(m) Submit a written protocol of how efforts will be made to schedule a follow-up appointment with the patient within fourteen (14) days to ensure a completed abortion;
(n) Submit a written protocol of how complications or adverse events will be handled by the registered physician and submit a copy of a signed contract with an associated physician credentialed to handle certain complications if necessary;
(o) Abide by all applicable state and federal laws regarding medical records retention, confidentiality, and privacy; and
(p) Agree to follow and document compliance with all other legally required conditions for performing an abortion in Kentucky.
(2) The cabinet shall require the following of registered physicians:
(a) Maintain hospital admitting privileges at one (1) or more hospitals in the county or contiguous county where abortion-inducing drugs will be provided and inform the patient of the hospital or hospitals where the physician holds admitting privileges; or
(b) Enter into a written associated physician agreement as required in KRS 311.7734, with a physician in the county or contiguous county where abortion-inducing drugs will be provided. The written agreement shall meet these conditions:
1. A physician who will be providing an abortion-inducing drug shall notify the patient of the location of the hospital at which the associated physician has admitting privileges;
2. The physician shall keep, at the location of his or her practice, a copy of the written agreement;
3. The cabinet shall annually submit a copy of the written agreement to each hospital located in the county or a county that is contiguous to the county where abortion-inducing drugs will be provided;
4. The agreement shall be renewed annually; and
5. The agreement shall include a requirement that the physician provide to the patient, and require the patient to sign, all legally required informed-consent material.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XVIII. Public Health § 216B.206.Eligibility to register as nonsurgical abortion provider; requirements for registered physicians - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xviii-public-health/ky-rev-st-sect-216b-206/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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