Legislation Update, News

Representative Nancy Tate introduces “Pro Life Bill”

March 9th, 2022


Tate Files Omnibus Pro-Life Bill

Frankfort, KY (February 10, 2022) – Today, Representative Nancy Tate of Brandenburg filed HB 3, an omnibus pro-life bill that addresses abortion on minors, medical/chemical abortions, dignified disposal of fetal remains, public funding, and complications.

“I’ve collaborated with my colleagues in the General Assembly as well as outside organizations and the end result is a strong and compassionate approach to ensuring that our laws properly reflect the pro-life values held by so many Kentuckians,” Tate said. “The statistics are staggering. In most years, an average of 3,000 abortions are performed in Kentucky, with more than 4,000 procedures occurring in 2020 and only one was attributed as necessary to save the mother’s life. One. Not one percent, one. As a parent and grandparent, it’s hard to absorb the fact that children as young as 13 are undergoing an abortion with minimal consideration for their long-term mental or physical health. We owe it to these children to ensure their best interests are considered when these life-altering medical decisions are made.”

Kentucky currently requires parental involvement in abortions. However, a loophole allows for judicial bypass, a process that involves a court order that allows a minor access to an abortion without the notification or consent of her parents. HB 3 addresses the loophole by establishing a clearly defined protocol. Under the provisions of HB 3, attempts must be made to contact both parents, whereas existing state law only requires the approval of one legal guardian. The amendment also prevents physicians from delegating the responsibility of acquiring parental consent to another individual.

“This is a serious medical procedure and a physician should be directly involved to ensure that everyone involved has the information they need to make the best decision possible,” Tate added.

HB 3 also raises the standard to acquire a judicial bypass. Under the terms of Tate’s bill, if one of the patient’s legal guardians is unable to sign off, the physician can bypass their consent with judicial concurrence. The court must consider the minor’s age, stability, credibility, demeanor, ability to assess responsibility for life-impacting consequences, the reason for needing an abortion, and the possibility of influence and pressure, as well as confirming that the pregnancy is not a result of abuse by the parent or guardian.

In addition, Tate’s proposal ensures parents have a say in how the remains of an aborted child are handled.  HB 3 would require that parents receive notice of their right to take responsibility or relinquish their child’s remains within 24 hours of the procedure. After the procedure, babies’ remains cannot be treated as pathological waste, disposed of as medical waste, or sold.

The measure also calls for the Kentucky Board of Pharmacy to create the Kentucky Abortion-Inducing Drug Certification Program, which would focus on ensuring that physicians who prescribe medication to induce a chemical abortion have proper credentials and a signed contract with another physician who can handle any medical complications that arise. A physician must have valid consent 24 hours before the medical/chemical abortion except in the case of a medical emergency. If a patient chooses a chemical abortion, the physician must inform her about the reversal pill. The abortion reversal pill can be taken after the patient has taken the first of the two pills.

Under this measure, before inducing a chemical abortion, providers are required to examine the patient in person, verify the pregnancy and RH factor, inform the patient that she might see the baby’s remains during the abortion, determine the gestational age and intrauterine location via ultrasound, schedule a follow-up appointment, and show reasonable efforts were made to schedule the appointment if the patient does not return. Physicians who do not inform or examine the patient prior to the abortion could be subject to a medical malpractice lawsuit.

The bill also includes language that essentially creates a state version of the Hyde Amendment and would prevent state dollars or federal bypass funds from being directly or indirectly used to fund abortions. Regulations will require complications or death after an abortion to be reported by healthcare facilities and physicians.

“This bill isn’t about ending abortion. While I support that wholeheartedly and believe my fellow Kentuckians do as well, that debate is for another time and place. Until that day comes, our goal is to ensure the procedure is the result of a fully informed, educated choice that takes into consideration the health and safety of both the unborn child and his or her mother,” Tate added. “I’m looking forward to presenting this measure in committee and building on this legislature’s legacy as the most pro-life in our state’s history.”

The bill was filed today and is now awaiting further action. To view the full piece of legislation visit