Rep. Richard Heath's Legislative Update

The 2019 Regular Session has come and gone and I will be using my legislative update over the next few weeks to report on some of our session accomplishments. While we addressed many pressing matters, I think one of the most important by far was preserving the sanctity of life through pro-life legislation. I am proud to report that four prolife bills have been signed into law by the Governor.

I joined my colleagues in the House and Senate in working on these issues, spending a significant amount of time and energy on drafting, debating and presenting these bills. While they range in issue and scope, all have the sole purpose of informing and protecting babies and families throughout the Commonwealth.

One such pro-life bill was Senate Bill 9. This bill would restrict abortion after a fetal heartbeat is detected. We heard testimony in committee that medical research has found that in 90 percent of pregnancies where a fetal heartbeat is detected, that pregnancy will continue beyond the first trimester. With this mind, the legislature felt it was imperative to protect these lives. The provisions of SB 9 prohibit a physician from aborting a fetus if the baby has a heartbeat. If an abortion is performed under these circumstances, a doctor may lose his license and would be guilty of a felony. The bill also grants the unborn child’s mother the option to file a lawsuit against the doctor performing the abortion.

Another important prolife bill we passed was House Bill 148. HB 148 seeks to prepare Kentucky for the possibility that the United States Supreme Court could overturn Roe v. Wade. If this happens, HB 148 establishes that Kentucky law will return to the statewide ban on abortion that was in place prior to the court’s 1973 ruling in Roe V. Wade.

We also approved House Bill 5, which would prohibit abortion providers from performing an abortion based on gender, race, national origin or disability. Under the bill’s provisions, anyone who performs or induces an abortion knowing that the mother wants the abortion based, at least in part, on the sex, race, color, national origin or disability of her unborn child would face a felony charge carrying up to five years in prison and revocation of their license to practice in Kentucky. Exceptions would only be made in a medical emergency involving the mother. This bill draws upon the language in the Americans with Disabilities Act to extend the protections made for people with disabilities to also apply to individuals in the womb.

Language included in SB 50 addresses the reporting of medically induced abortions. The bill clarifies that prescription medications given by a physician with the intent to cause an abortion should also be reported to the state vital statistics office as part of the abortion reporting data required by current law. This ensures that there may be more accurate statistical reporting. The bill also includes an informed consent provision where pregnant woman are given information of the potential ability of a physician to reverse the effects of abortion medication. While abortion reversal isn’t always medically possible, this bill is an important step in making sure women are fully informed about their medical options in any circumstance.

Kentucky is not unique in its efforts to curb abortion practices. Many others states have passed similar pro-life legislation in the wake of heinous pro-abortion bills passed in New York and proposed in Virginia. While lawsuits have already been filed to halt the implementation of HB 5 and SB 9, I am proud to stand alongside a bipartisan group of legislators who hold the belief that the right to life is fundamental, it is unalienable, to this state and nation.

We also received terrific news late last week, as a federal court upheld a strong pro-life measure we passed in 2017. This legislation requires women to receive an ultrasound prior to undergoing an abortion, in order to ensure that an individual has all of the available information about the child prior to making this life-altering decision. Like the other strong pro-life bills that I’ve supported, this court battle was made necessary by lawsuits from groups like the ACLU and Planned Parenthood, and I am thrilled to see our state come out victorious.

During this interim period, I would love to hear from you regarding your interest in any issue. Please feel free to reach out to me with your thoughts and ideas on topics we may address in the interim and during the 2020 legislative session. I can be reached here at home anytime, or through the toll-free message line in Frankfort at 1-800-372-7181. If you would like more information, or to e-mail me, please visit the legislature's website www.legislature.ky.gov.