FRANKFORT, Ky. (LEX 18) — The Kentucky General Assembly passed a bill that includes new language to clarify the state’s abortion ban. Supporters of House Bill 90 believe this will give doctors the clarity they need. But some people worry the language could force doctors to wait until patients are near death before intervening.
Currently in Kentucky, abortion is only allowed if the "life of the mother" is in danger. But doctors have often said that vague language is getting in their way of treating specific circumstances under which doctors may terminate complex pregnancies.
In a last-minute amendment, lawmakers added the clarification language to House Bill 90 on Thursday. Originally, the bill was aimed at facilitating freestanding birth centers in Kentucky.
Sen. Julie Raque Adams said the bill is needed because there is "a desperate need for clarity."
"There is a lot of misinformation out there in the medical community and doctors just need to be doctors," she said on the Senate floor on Friday. "So, this language that's before us today adds some much needed clarity for the medical community and it is also embraced by the medical community."
"It deals with the current issues of miscarriage management, ectopic pregnancies, molar pregnancies, sepsis, and hemorrhage. Many of these conditions require emergency interventions to prevent maternal death or permanent organ damage," Raque Adams added. "This Kentucky law will ensure that these conditions are treated without any legal ambiguity."
Following the passage of HB 90, Amber Duke, executive director of the American Civil Liberties Union of Kentucky, commented that the changes reflect a recognition of the need for appropriate medical care during pregnancy complications. However, she emphasized that the bill fails to restore abortion rights within the state.
“While this change is a step toward recognizing medical care needs, we will continue our fight for comprehensive abortion rights for all Kentuckians,” Duke asserted.
Those with Planned Parenthood Alliance Advocates worry the bill could also do more harm.
"Under the guise of providing clarity on Kentucky’s severe abortion ban, lawmakers have snuck narrow and confusing “exceptions” into a perinatal palliative care measure. 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," the group said in a press release. "It enshrines unnecessary delays in law and fails to address real, urgent medical needs. Make no mistake: Kentucky’s existing ban will remain firmly in place, and these so-called “exceptions” do nothing to mitigate the chilling effect that drives providers out of the state — or forces them into fear of prosecution for delivering what should be basic health care."
Gov. Andy Beshear did not say whether he intends to sign or veto HB 90. But Beshear expressed significant concerns about the legislation, particularly its lack of exceptions for victims of rape or incest, which he has vocally supported.
“Even with this bill, it would significantly reduce access compared to virtually every other state in the United States,” Beshear noted. He also questioned whether the new language would serve to clarify or further complicate the legal landscape for healthcare providers.
“We were told by those who crafted the original trigger law that it included an exception for the life of the mother, and now this bill indicates that it requires formal legal passage,” he added, raising the issue of whether the new provisions would be more or less restrictive than the current medical understanding.
