Towards the end of the legislative session, the General Assembly put together a package of policies that clarified medical procedures that are not abortions under Kentucky law and expanded pro-life resources for families. HB 90 ended up becoming the vehicle for this package to advance through the General Assembly.
The clarifications of Kentucky’s pro-life laws ensure that doctors can provide care in emergency situations without the risk of potential prosecution. Specifically, the law mentions medical care to save the life of the child, miscarriage care, treatment for sepsis, delivery of a stillborn child, removal of an ectopic pregnancy, and molar pregnancy as medical conditions that would not run afoul of Kentucky’s abortion ban. The new language also restates language that is currently in Kentucky’s laws. These changes were made in response to lies from the media and the abortion industry that our pro-life laws do not give doctors the ability to intervene when a woman experiences a medical emergency.
The need for HB 90 was also driven by lies from pro-abortion politicians continuing to claim that without unrestricted abortion, women will continue to die from ambiguities in pro-life laws. Interestingly enough, the same proabortion forces opposed HB 90 because the clarifications expose their blatant deceptions.
Importantly, the changes in HB 90 do not weaken Kentucky’s pro-life laws in any way. Abortion is still banned without any political exceptions under Kentucky law. In each case specifically mentioned in the bill, intent is the key factor that separates the doctor’s actions from abortion. Abortion is the intentional ending of a preborn life. The intent of the physician in these circumstances is to preserve the life of the mother—not to kill the child.
Additionally, HB 90 expands availability for perinatal palliative care when a child dies before or shortly after birth. This care helps give families a chance to create bonds and memories with a child before having to say goodbye. Ensuring this care is available to grieving families is pro-life and pro-family. HB 90 also finally legalizes freestanding birthing centers. Freestanding birthing centers give mothers an additional (and hopefully more affordable) option to consider for their maternal healthcare needs. Expanding access to maternal healthcare options is also pro-life and pro-family.
Governor Beshear ended up vetoing HB 90. However, the General Assembly overwhelmingly voted to override the veto with only 2 Republicans (Rep. Grossl and Rep. King) voting against.
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