KENTUCKY (Washington Insider Magazine) – Governor Andy Beshear’s veto of a law prohibiting abortion beyond 15 weeks, as well as many other abortion prohibitions, was overcome by the Kentucky state legislature.
According to ABC NEWS, any doctor who conducts an abortion beyond 15 weeks will lose their licence for at least 6 months.
If there is a medical necessity, the law allows for an exemption if prolonging the pregnancy will result in the pregnant woman’s severe and permanent impairment of a key biological function or death. For incest or rape, there are no exceptions.
Last week, Beshear, a Democrat, rejected the Republican-backed law after raising constitutional issues and criticising the bill’s lack of provisions for incest or rape.
However, on Wednesday, the state House obtained considerably more than the required 51 votes to overturn the veto, and the state Senate received far more than the required 20 votes. Because of the emergency provision, it became law right away.
A requirement under the law, known as HB3, is that medicines used in a medication abortion — a nonsurgical method normally utilised up to ten weeks in pregnancy — be supplied by a doctor who is licenced to practise medicine in Kentucky and is in good standing.
The doctor must additionally have admitting privileges at a hospital in “geographical proximity” to the abortion clinic.
At least 24 hours before the medication abortion, women must have an in-person consultation during which they will be advised of potential dangers. The medications cannot be delivered through mail.
Several women, particularly low-income women, would be unable to obtain abortions if they have to go to a facility to do so, according to abortion activists.
If the parents are unavailable, minors seeking abortions would need the approval of a court, and any foetal remains will have to be cremated or buried by a registered funeral provider.
Opponents contend that the legislation has so many limitations that any abortion facility would struggle to comply, and that if it passes, Kentuckians will essentially lose accessibility to abortion treatment.
The legislation also calls for the identities of doctors who perform medication abortions to be made public, as well as the creation of a state-run “complaint portal” where individuals may anonymously report abortion practitioners who are allegedly breaking the law.
Meg Stern, director of the abortion assistance fund for Kentucky Health Justice Network, an activist group, previously told ABC News that this might lead to allegations from individuals with personal vendettas towards abortion providers.
The legislation is designed after Mississippi’s 15-week abortion prohibition, which is currently being examined by the Supreme Court, with a ruling likely in June.
If the Mississippi legislation is found to be constitutional by the court, Roe v. Wade might be overturned or significantly weakened.