The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization contains a number of legal implications for Kentucky physicians.
According to the state Attorney General, the opinion has triggered a Kentucky law (KRS 311.772), which states that performing a prohibited abortion is a Class D felony, although pregnant mothers who receive an abortion are not subject to any criminal liability. It does not prohibit an abortion when a licensed physician “knowingly performs an abortion to prevent a pregnant mother’s death, substantial risk of death due to a physical condition, or a serious, permanent impairment to a life-sustaining organ.” The full statement from the Attorney General is available here and the full text of the statute referenced is available here.
KMA is working with legal experts regarding the implications of the Supreme Court decision and Kentucky law on physicians and will provide members with further information to assist with navigating this new legal landscape.
