A House bill that started off as dealing with free-standing birthing centers was changed in the Senate to include provisions of another bill that provides some medical exceptions to Kentucky’s near total abortion ban passed the House on Thursday.
While language regarding free-standing birthing centers was left in the measure, changes to House Bill 90 by the Senate included the following language:
“There is a need to clarify the distinction between an elective abortion and illegal termination of the life of an unborn child protected under Kentucky law and medically necessary interventions that affirm the fundamental right to life, ensure compassionate and comprehensive care for mothers and unborn children that are appropriate medical management for serious and life-threatening perinatal medical complications such as spontaneous miscarriage, or to treat conditions such as ectopic and molar pregnancies.”
It also stated, “Lifesaving miscarriage management, including medical procedures necessary to address spontaneous abortion, also known as miscarriage, inevitable abortion, or incomplete abortion, is an essential component of comprehensive medical care and is distinct from elective abortion. Medical conditions such as ectopic pregnancy, molar pregnancy, sepsis, and hemorrhage may necessitate emergency interventions to prevent maternal death or serious and permanent impairment of a life-sustaining organ.”
The bill also notes, “Perinatal palliative care programs provide essential support and resources to pregnant women and families facing complex and life-limiting prenatal diagnoses, ensuring compassionate care, informed decision-making, and emotional, spiritual and medical guidance. Hospitals, birthing centers, maternal-fetal specialists, and midwives have a shared responsibility to offer or refer patients to perinatal palliative care programs and support services when a prenatal diagnosis indicates that a baby may die before or after birth, or when a newborn is diagnosed with a life-limiting condition.”
Another provision is that the Cabinet for Health and Family Services should maintain a list of perinatal palliative care programs and providers to ensure accessibility and awareness among healthcare professionals and expectant families.
Delving into potential life-or-death situations, the bill provides clear guidelines for doctors in such emergencies while maintaining Kentucky’s strict prohibitions against abortion, its GOP supporters said.
“It ensures women facing life-threatening situations receive timely, appropriate medical care, and gives providers the legal certainty they need to act decisively,” said Republican state Rep. Jason Nemes.
Some abortion-rights supporters said the bill reflected fundamental flaws in the abortion laws and had not been fully vetted. They noted it cleared a committee and both legislative chambers in less than 24 hours.
“It’s not meant to be an exhaustive list but it is the most common issues that physicians and mothers, who are facing a crisis pregnancy, are facing,” said Republican state Rep. Kimberly Poore Moser.
Addia Wuchner, executive director of Kentucky Right to Life, was among the bill’s advocates, telling the Senate panel: “This is medical care that needs to take place in the commonwealth.”
The abortion-rights group Planned Parenthood Alliance Advocates said lawmakers had “snuck narrow and confusing ‘exceptions’” into something that should be regarded as basic health care, all the while keeping Kentucky’s existing abortion ban firmly in place.
“Rather than offering meaningful medical care to patients with fatal fetal diagnoses or life-threatening pregnancy complications, this language forces doctors to wait until patients are near death before intervening,” said Tamarra Wieder, the group’s Kentucky state director, in a statement Thursday.
On a 74-17 vote, the House agreed to the Senate changes, so the bill now heads to the governor’s desk.
In other action, the House agreed, 79-17, with the Senate’s minor change to HB 4, which bans Diversity, Equality and Inclusion programs at the state’s postsecondary education institutions, and it goes to the governor as well.
By Tom Latek, Kentucky Today and Associated Press writers Geoff Mulvihill and Dylan Lovan
