216B.206 Eligibility to register as nonsurgical abortion provider -- Requirements for registered physicians. (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 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 gs; (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 bloodtransfusions 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 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 rtion-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. Effective: April 14, 2022 History: Created 2022 Ky. Acts ch. 210, sec. 17, effective April 14, 2022.
Kentucky Legal Code