FRANKFORT, Ky. — Lawmakers in Frankfort gave final passage to a bill which allows freestanding birthing centers. After a change from the Senate, it now provides so-called clarifications for when medical professionals can perform abortions.
A 10-page committee substitute to House Bill 90 outlines that doctors can perform abortions as a means of lifesaving miscarriage treatment, emergency intervention for sepsis or hemorrhage, medical procedures to prevent death to a pregnant woman, removal of an ectopic pregnancy, treatment of a molar pregnancy, removal of a dead child from the uterine cavity and medical procedures intending to save the life or preserve the health of an unborn child.
The bill does not make any new exceptions that are already allowed under Kentucky’s current state law.
State Sen. Julie Raque Adams, R-Louisville, was one of many Republican lawmakers in the House and Senate who spearheaded the change. Adams said this gives Kentucky doctors greater clarity when an abortion is warranted under state law.
“This Kentucky law will ensure these conditions are treated without any legal ambiguity,” Adams said.
The substitute added Wednesday night also mandates perinatal palliative care if the baby may die before or shortly after birth, fetal anomalies or if a newborn is diagnosed with a potentially life-limiting illness. State Rep. Jason Nemes, R-Middletown sponsored HB 90 and said OBGYNs brought the law’s vagueness to their attention.
“It’s very clear and I don’t think there’s any room for any misunderstanding of the language. Again, we can quibble over this kind of thing, but we have a very real and present problem that this is addressing, and it is as clear as it can possibly be,” Nemes said.
The change has support from Kentucky Right to Life, the Family Foundation and other anti-abortion advocacy groups.
Democrats in both chambers said the change happened too quickly and are unsure if it gives doctors more freedom or not. State Sen. Cassie Chambers Armstrong, D-Louisville, passed on the vote with the other Democrats.
“The doctors and the experts I heard from were split and they were split because they didn’t have the opportunity to look at this legislation and weigh-in,” Armstrong said.
State Sen. Karen Berg, D-Louisville, a physician, also passed on a vote because of the last-minute nature of the change.
“It’s an excellent effort to fix a huge, huge problem of our own making, but it can’t be rushed, it needs to be right,” Berg said.
Gov. Andy Beshear, D-Ky. said he will take a long look at the bill before signing it, adding it doesn’t nearly go far enough.
“We have one of the most restrictive, draconian abortion laws in the country where victims of incest and rape have less options than their rapists; where decisions are taken away from a woman and her doctor,” Beshear said.
HB 90 still cuts the red tape, which allows freestanding birthing centers to open in the state. Lawmakers have been trying to pass legislation pertaining to this since 2020.
Freestanding birthing centers are smaller, homier facilities with a more holistic approach to childbirth.
The ACLU of Kentucky sent this statement:
“The latest iteration of House Bill 414 indicates the Kentucky General Assembly recognizes that when people experience pregnancy complications that put their lives at risk, they should receive appropriate medical care. However, this bill does nothing to restore the right to abortion in the Commonwealth. We will continue to fight to ensure that all Kentuckians, regardless of their circumstances, will be able to receive the abortion care that they need.”
In a statement, Planned Parenthood of Kentucky called the change a “last minute sneak attack.”
“Legislators are trying to inject fake medical terminology in a desperate attempt to mask the deadly impact of their anti-abortion bans. It’s like saying there is smoke but no fire. We should all be outraged at these coordinated attempts to redefine health care with barely any opportunity for public input. Meanwhile, pregnant people are suffering and providers are forced to withhold care, all because Kentucky lawmakers have decimated the health care system, forcing providers to make decisions out of fear rather than in the best interest of patients.”
