VITAL STATISTICS

KRS tit. XVIII, ch. 213

in effect

KRS 213.011 Definitions for chapter

213.011. Definitions for chapter As used in this chapter, unless the context requires otherwise: (1) "Abortion" means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth. "Abortion" excludes management of prolonged retention of product of conception following fetal death; (2) "Cabinet" means the Cabinet for Health and Family Services; (3) "Dead body" means a human body or parts of the human body from the condition of which it reasonably may be concluded that death recently occurred; (4) "Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. This definition shall exclude abortion; (5) "File" means the presentation of a vital record provided for in this chapter for registration by the Vital Statistics Branch; (6) "Final disposition" means the burial, interment, cremation, removal from the Commonwealth, or other authorized disposition of a dead body or fetus; (7) "Institution" means any establishment, public or private, which provides inpatient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law; (8) "Live birth" means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy which, after the expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached; (9) "Provisional death certificate" means an interim certificate identifying the deceased and authorizing a funeral director, or person acting as such, to take custody of the body and, except for cremation, to make final disposition; (10) "Registration" means the acceptance by the Vital Statistics Branch and the incorporation of vital records provided for in this chapter into its official records; (11) "System of vital statistics" means the registration, collection, preservation, amendment, and certification of vital records and the collection of other reports required by this chapter; (12) "Secretary" means the secretary for health and family services; (13) "Sudden infant death syndrome" means the death of an ostensibly healthy child who is two (2) weeks of age or older but less than three (3) years of age, which occurs suddenly and unexpectedly, with no known or apparent cause, and which remains unexplained after the performance of an autopsy; (14) "Vital records" means certificates or reports of birth, death, stillbirth, marriage, dissolution of marriage, or annulment, and data related thereto; (15) "Vital statistics" means the data derived from certificates and reports of birth, death, stillbirth, abortion, marriage, dissolution of marriage, and related reports; (16) "Certificate" means the certificate of birth, death, stillbirth, marriage, dissolution of marriage, or annulment as required by this chapter; (17) "Office" means the Office for Children with Special Health Care Needs; (18) "Hard of hearing infant" means a child at birth with a significant hearing loss which prevents the acquisition of speech and language through normal channels; and (19) "Hearing risk certificate" means the certificate that includes questions which identify newborn babies with a higher risk than normal for hearing loss. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 21, effective July 15, 2020. -- Amended 2005 Ky. Acts ch. 99, sec. 427, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 378, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 405, sec. 80, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 144, sec. 14, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 369, sec. 1, effective July 13, 1990. Legislative Research Commission Note (7/14/2018). Under the authority of KRS 7.136(2), one or more references to the "Commission for Children with Special Health Care Needs" in this statute have been changed in codification to the "Office for Children with Special Health Care Needs" to reflect the renaming of the commission by the General Assembly in 2018 Ky. Acts ch. 114.

KRS 213.016 Vital statistics program

213.016. Vital statistics program There shall be established in the Department for Public Health, Cabinet for Health and Family Services, a vital statistics program which shall maintain and operate the only official system of vital statistics in the Commonwealth. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 428, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 379, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 369, sec. 2, effective July 13, 1990.

KRS 213.021 Administrative regulations

213.021. Administrative regulations The Cabinet for Health and Family Services shall adopt administrative regulations pursuant to KRS Chapter 13A for the purpose of carrying out the provisions of this chapter. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 429, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 380, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 369, sec. 3, effective July 13, 1990.

KRS 213.026 State registrar

213.026. State registrar The secretary for health and family services shall designate the state registrar of vital statistics, hereinafter referred to as "state registrar," in accordance with merit system laws and administrative regulations. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 430, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 381, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 369, sec. 4, effective July 13, 1990.

KRS 213.031 Duties of state registrar

213.031. Duties of state registrar The state registrar, under the supervision of the commissioner of health, shall: (1) Administer and enforce the provisions of this chapter and the administrative regulations issued hereunder; issue instructions for the efficient administration of the system of vital statistics; direct the system and Vital Statistics Branch and be custodian of its records; supervise the activities of all persons when they are engaged in the operation of the system; and conduct training programs to promote uniformity of the system's policy and procedures throughout the Commonwealth; (2) With the approval of the cabinet, design, furnish, and distribute forms required by this chapter and the administrative regulations issued hereunder, or prescribe other means for transmission of data to accomplish the purpose of complete and accurate reporting and registration; (3) Assist in preparing and publishing reports of vital statistics of the Commonwealth and other reports as required; (4) Provide to local health departments copies of or data derived from certificates and reports required under this chapter. The state registrar shall establish a schedule with each local health department for transmittal of the copies or data. The copies shall remain the property of the Vital Statistics Branch, and the uses which may be made of them and the period of their retention in the county shall be governed by the state registrar; (5) Prepare and maintain a complete continuous index of all vital records registered under this chapter and provide, at not more than two (2) year intervals, a copy of the index to each local registrar; and (6) Investigate cases of irregularity or violation of this chapter and when the cabinet deems it necessary, report violations to the Commonwealth's attorney of the proper county for prosecution. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 22, effective July 15, 2020. -- Amended 2005 Ky. Acts ch. 99, sec. 431, effective June 20, 2005. -- Amended 1992 Ky. Acts ch. 195, sec. 11, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 369, sec. 5, effective July 13, 1990.

KRS 213.036 Local registrars -- Deputy registrars -- Services provided by local registrars and local health departments

213.036. Local registrars -- Deputy registrars -- Services provided by local registrars and local health departments (1) Each county in the Commonwealth shall carry out the provisions of this chapter. (2) The secretary may, upon the recommendation of the state registrar, designate a local registrar in each county to aid in the efficient administration of the system of vital statistics. The local registrar shall be an employee of the local health department. The designation may be revoked by the secretary. (3) The local health department may designate one (1) or more employees of the local health department as deputy registrar. The local registrar may also appoint persons as deputy registrars who are not employees of the local health department if, in the opinion of the cabinet, the appointments are necessary. All appointments shall be subject to the approval of the state registrar. (4) The local registrar shall supply the Vital Statistics Branch forms and instructions to persons responsible for the completion of the forms. (5) The local health department shall provide for declaration of paternity services and transmit original certificates and affidavits of paternity to the Vital Statistics Branch as directed by the state registrar. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 23, effective July 15, 2020. -- Amended 2005 Ky. Acts ch. 99, sec. 432, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 255, sec. 13, effective July 15, 1998; and ch. 426, sec. 382, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 166, sec. 1, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 369, sec. 6, effective July 13, 1990.

KRS 213.041 National uniformity of documents

213.041. National uniformity of documents (1) In order to promote and maintain nationwide uniformity in the system of vital statistics, the forms of certificates and reports required by this chapter, or by administrative regulations adopted hereunder, shall include, as a minimum, the items recommended by the federal agency responsible for national vital statistics. (2) Each certificate, report, and other documents required by this chapter shall be on a form or in a format prescribed by the cabinet with due consideration for national uniformity. (3) No certificate shall be held to be complete and correct that does not supply all items of information called for therein or satisfactorily account for their omission, except as provided in KRS 199.570(3). If a certificate is incomplete, the state registrar shall immediately notify the responsible person and require that person to supply the missing items, if that information can be obtained. (4) All vital records shall contain the data required for registration. (5) No person shall charge or collect from any member of a family in which a birth or death occurs, any fee for completing and filing a report, or any other act or duty imposed upon them by this chapter. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 24, effective July 15, 2020. -- Amended 2008 Ky. Acts ch. 5, sec. 1, effective July 15, 2008. -- Created 1990 Ky. Acts ch. 369, sec. 7, effective July 13, 1990.

KRS 213.046 Registration of births required -- Establishment of paternity -- Duties of institution and cabinet -- Contents of birth certificate

213.046. Registration of births required -- Establishment of paternity -- Duties of institution and cabinet -- Contents of birth certificate (1) A certificate of birth for each live birth which occurs in the Commonwealth shall be filed with the state registrar within five (5) working days after such birth and shall be registered if it has been completed and filed in accordance with this section and applicable administrative regulations. No certificate shall be held to be complete and correct that does not supply all items of information called for in this section and in KRS 213.051, or satisfactorily account for their omission except as provided in KRS 199.570(3). If a certificate of birth is incomplete, the state registrar shall immediately notify the responsible person and require that person to supply the missing items, if that information can be obtained. (2) When a birth occurs in a health facility or en route thereto, the person in charge of the health facility or that person's designated representative, shall obtain the personal data, prepare the certificate, secure the signatures required, and file the certificate as directed in subsection (1) of this section or as otherwise directed by the state registrar within the required five (5) wor king days. The physician, midwife, or other person in attendance shall provide the medical information required for the certificate and certify to the fact of birth within five (5) working days after the birth. If the physician, midwife, or other person in attendance does not certify to the fact of birth within the five (5) working day period, the person in charge of the health facility shall complete and sign the certificate. (3) When a birth occurs in a health facility or en route thereto to a woman who i s unmarried, the person in charge of the health facility or that person's designated representative shall immediately before or after the birth of a child, except when the mother or the alleged father is a minor: (a) Meet with the mother prior to the release from the health facility; (b) Attempt to ascertain whether the father of the child is available in the health facility, and, if so, to meet with him, if possible; (c) Provide written materials and oral, audio, or video materials about paternity; (d) Provide the unmarried mother, and, if possible, the father, with the voluntary paternity form necessary to voluntarily establish paternity; (e) Provide a written and an oral, audio, or video description of the rights and responsibilities, the alternatives to, and the legal consequences of acknowledging paternity; (f) Provide written materials and information concerning genetic paternity testing; (g) Provide an opportunity to speak by telephone or in person with staff who are trained to clarify information and answer questions about paternity establishment; (h) If the parents wish to acknowledge paternity, require the voluntary acknowledgment of paternity obtained through the health facility -based program be signed by both parents and be authenticated by a notary public; (i) Upon both the mother's and father's request, hel p the mother and father in completing the affidavit of paternity form; (j) Upon both the mother's and father's request, transmit the affidavit of paternity to the state registrar; and (k) In the event that the mother or the alleged father is a minor, information set forth in this section shall be provided in accordance with Civil Rule 17.03 of the Kentucky Rules of Civil Procedure. If the mother or the alleged father is a minor, the paternity determination shall be conducted pursuant to KRS Chapter 406. (4) The voluntary acknowledgment of paternity and declaration of paternity forms designated by the Vital Statistics Branch shall be the only documents having the same weight and authority as a judgment of paternity. (5) The Cabinet for Health and Family Services shall: (a) Provide to all public and private health facilities offering obstetric or midwifery services in the state written materials in accessible formats and audio or video materials concerning paternity establishment forms necessary to voluntarily acknowledge paternity; (b) Provide copies of a written description in accessible formats and an audio or video description of the rights and responsibilities of acknowledging paternity; and (c) Provide staff training, guidance, and written instructions re garding voluntary acknowledgment of paternity as necessary to operate the health services -based program. (6) When a birth occurs outside a health facility, verification of the birth shall be in accordance with the requirements of the state registrar and a birth certificate shall be prepared and filed by one (1) of the following in the indicated order of priority: (a) The health care provider in attendance at or immediately after the birth; or, in the absence of such a person, (b) A midwife or any other person in attendance at or immediately after the birth; or, in the absence of such a person, (c) The father, the mother, or in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred or of the health facility to which the child was admitted following the birth. (7) No physician, midwife, or other attendant shall refuse to sign or delay the filing of a birth certificate. (8) If a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in the Commonwealth, the birth shall be registered in the Commonwealth, and the place where the child is first removed shall be considered the place of birth. If a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in the Commonwealth, the birth shall be registered in the Commonwealth, but the certificate shall show the actual place of birth insofar as can be determined. (9) The following provisions shall apply if the mother was married at the time of either conception or birth or anytime between conception and birth: (a) If there is no dispute as to paternity, the name of the husband shall be entered on the certificate as the father of the child. The surname of the child shall be any name chosen by the parents; however, if the parents are separated or divorced at the time of the child's birth, the choice of surname rests with the parent who has legal custody following birth; (b) If the mother claims that the father of the child is not her husband and the husband agrees to such a claim and the putative father agrees to the statement, a three (3) way affidavit of paternity may be signed by the respective parties and duly notarized. The state registrar of vital statistics shall enter the name of a nonhusband on the birth certificate as the father and the surname of the child shall be any name chosen by the mother; and (c) If a question of paternity determination arises which is not resolved under paragraph (b) of this subsection, it shall be settled by the District Court. (10) The following provisions shall apply if the mother was not married at the time of either conception or birth or between conception and birth or the marital relationship between the mother and her husband has been interrupted for more than ten (10) months prior to the birth of the child: (a) The name of the father shall not be entered on the certificate of birth. The state registrar shall upon acknowledgment of paternity by the father and with consent of the mother pursuant to KRS 213.121, enter the father's name on the certificate. The surname of the child shall be any name chosen by the mother and father. If there is no agreement, the child's surname shall be determined by the parent with legal custody of the child; (b) If an affidavit of paternity has been properly completed and the certificate of birth has been filed accordingly, any further modification of the birth certificate regarding the paternity of the child shall require an order from the District Court; (c) In any case in which paternity of a child is determined by a court order, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court; and (d) In all other cases, the surname of the child shall be any name chosen by the mother. (11) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate. In all cases, the maiden name of the gestational mother shall be entered on the certificate. (12) Any child whose surname was restricted prior to July 13, 1990, shall be entitled to apply to the state registrar for an amendment of a birth certificate showing as the surname of the child, any surname chosen by the mother or parents as provided under this section. (13) The birth certificate of a child born as a result of artificial insemination shall be completed in accordance with the provisions of this section. (14) Each birth certificate filed under this section shall include all Social Security numbers that have been issued to the parents of the child. (15) Either of the parents of the child, or other informant, shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within five (5) days prescribed in subsection (1) of this section. (16) When a birth certificate is filed for any birth that occurred outside a health facility, the Cabinet for Health and Family Services shall forward information regarding the need for an auditory screening for an infant and a list of options available for obtaining an auditory screening for an infant. The list shall include the Office for Children with Special Health Care Needs, local health departments as established in KRS Chapter 212, health facilities offering obstetric or midwifery services, audiological assessment and diagnostic centers approved by the Office for Children with Special Health Care Needs in accordance with KRS 211.647 and licensed audiologists, and shall specify the hearing methods approved by the Office for Children with Special Health Care Needs in accordance with KRS 216.2970. (17) As used in this section, "health facility" has the same meaning as in KRS 216B.015. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 121, sec. 8, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 207, sec. 23, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 36, sec. 25, effective July 15, 2020. -- Amended 2009 Ky. Acts ch. 102, sec. 4, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 99, sec. 433, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 308, sec. 27, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 255, sec. 14, effective July 15, 1998; and ch. 426, sec. 383, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 365, sec. 4, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 405, sec. 81, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 166, sec. 2, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 369, sec. 8, effective July 13, 1990. Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 121, sec. 24, provides that the Act, which amended this statute, may be cited as the Mary Carol Akers Birth Centers Act. Legislative Research Commission Note (8/23/2019). In 2018 Ky. Acts ch. 114, sec. 1, the General Assembly renamed the "Commission for Children with Special Health Care Needs" as the "Office for Children with Special Health Care Needs." A reference to that "Commission" was changed to "Office" in subsection (16) of this statute. This name correction should have been addressed when 2018 Ky. Acts ch. 114 was codified, but it wasn't. This change is being made now under the authority of KRS 7.136(2). Legislative Research Commission Note (7/14/2018). Under the authority of KRS 7.136(2), one or more references to the "Commission for Children with Special Health Care Needs" in this statute have been changed in codification to the "Office for Children with Special Health Care Needs" to reflect the renaming of the commission by the General Assembly in 2018 Ky. Acts ch. 114.

KRS 213.047 Payment for completed affidavit-of-paternity form

213.047. Payment for completed affidavit-of-paternity form The Cabinet for Health and Family Services shall pay the sum of ten dollars ($10) to an institution or local health department for each completed affidavit-of-paternity form returned to the state registrar by the institution or local health department, pursuant to KRS 213.046, limited to the appropriated funds for the purpose of KRS 213.046. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 26, effective July 15, 2020. -- Amended 2005 Ky. Acts ch. 99, sec. 434, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 384, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 166, sec. 5, effective July 14, 1992.

KRS 213.049 Contents of paternity judgment order -- Transmittal to registrar

213.049. Contents of paternity judgment order -- Transmittal to registrar (1) All paternity judgment orders issued or modified by a court on or after July 15, 1992, shall include, but not be limited to, the following information about the father, if the information is known at the time the order is set: (a) Full name; (b) Social Security number; (c) Age at time of the child's birth; (d) Place of birth as to the state or foreign country; and (e) Current address. (2) The order shall be transmitted by the Circuit Court clerk of the court with jurisdiction to the state registrar of vital statistics no later than the fifteenth day of each calendar month. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 166, sec. 4, effective July 14, 1992.

KRS 213.051 Information reported by person who assumes custody of live-born infant of unknown parentage

213.051. Information reported by person who assumes custody of live-born infant of unknown parentage (1) The person who assumes the custody of a live-born infant of unknown parentage shall report on a form and in a manner prescribed by the state registrar within five (5) working days to the Cabinet for Health and Family Services the following information: (a) The date and place of finding; (b) Sex and approximate birth date of child; (c) Name and address of the person or institution with which the child has been placed for care; (d) Name given to the child by the custodian of the child; and (e) Other data as required by the state registrar to complete a birth certificate. (2) The place where the child was found shall be entered as the place of birth. (3) A report registered under this section shall constitute the certificate of birth for the child. (4) If the child is identified and a certificate of birth is found or obtained, the report registered under this section shall be placed in a special file and shall not be subject to inspection except upon order of a Circuit Court. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 27, effective July 15, 2020. -- Amended 2005 Ky. Acts ch. 99, sec. 435, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 385, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 369, sec. 9, effective July 13, 1990.

KRS 213.056 Filing of delayed birth certificate

213.056. Filing of delayed birth certificate (1) If a certificate of birth of a living person born in the Commonwealth has not been filed within the time period as provided in KRS 213.046, a certificate of birth may be filed in accordance with the administrative regulations of the cabinet. The certificate shall be registered subject to such evidentiary requirements as the cabinet shall by regulation prescribe to substantiate the alleged facts of birth. (2) In accordance with the provisions of this section and the administrative regulations established thereunder, the state registrar may issue a record of foreign birth for a person born outside the United States registration area who is subsequently adopted by a Kentucky resident and whose record of birth cannot be obtained from the country of birth. (3) Certificates of birth registered one (1) year or more after the date of birth shall be made on forms prescribed and furnished by the state registrar marked "delayed" and shall show on the face of the certificate the date of the delayed registration. (4) A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate. (5) The cabinet may refuse to accept any application for a delayed birth certificate or record of foreign birth on which the applicant fails to provide such information as the cabinet may require. (6) Each birth certificate filed under this section shall include all Social Security numbers that have been issued to the parents of the child. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 11, effective July 14, 2018. -- Amended 1992 Ky. Acts ch. 166, sec. 3, effective July 14, 1992. --Created 1990 Ky. Acts ch. 369, sec. 10, effective July 13, 1990.

KRS 213.061 Flagged birth certificate of child reported missing

213.061. Flagged birth certificate of child reported missing (1) Upon notification by the Justice and Public Safety Cabinet that a child born in the Commonwealth is missing, the state registrar of vital statistics shall flag the birth certificate record of the child in such a manner that whenever a copy of the birth certificate or information regarding the birth record is requested, the state registrar shall be alerted to the fact that the certificate is that of a missing child. (2) Upon notification by the Justice and Public Safety Cabinet that a missing child has been recovered, the state registrar shall remove the flag from the child's birth certificate record. (3) In response to any inquiry for a copy of a flagged birth certificate of a missing child, the state registrar shall not provide a copy of the birth certificate except as approved by the Justice and Public Safety Cabinet. (4) When a copy of a flagged birth certificate is requested in person, the state registrar or the designee accepting the request shall inform the person making the request that a copy of a certificate will be mailed to the requester. The state registrar shall, upon the departure of the requesting person, immediately notify the Justice and Public Safety Cabinet as to the request and the information obtained pursuant to this subsection. (5) When a copy of a flagged birth certificate is requested in writing, the state registrar shall immediately notify the Justice and Public Safety Cabinet as to the request and shall provide a copy of the written request. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 245, effective June 26, 2007. -- Created 1990 Ky. Acts ch. 369, sec. 11, effective July 13, 1990.

KRS 213.066 Reports of adoptions and annulments or amendments of adoptions

213.066. Reports of adoptions and annulments or amendments of adoptions (1) For each adoption decreed by a Circuit Court in the Commonwealth, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report shall include the facts necessary to establish a new certificate of birth of the person adopted and identify the order of adoption, and be certified by the clerk of the court. (2) Information necessary to prepare the report of adoption shall be furnished by each petitioner for adoption or the petitioner's attorney. The Department for Community Based Services or any other agency or person having knowledge of the facts shall supply the court with the additional information necessary to complete the report. The provision of the information shall be prerequisite to the issuance of a final decree in the matter by the court. (3) If an adoption decree is amended or annulled, the clerk of the court shall prepare a report thereof which shall include the facts necessary to identify the original adoption report and the facts amended in the adoption decree necessary to properly amend the birth record. (4) Not later than the fifteenth day of each calendar month or more frequently, the clerk of the court shall forward to the state registrar reports of decrees of adoption, annulments of adoption, and amendments of decrees of adoption which were entered in the preceding month, together with such related reports as the state registrar shall require. (5) If the state registrar receives a report of adoption, annulment of adoption, or amendment of a decree of adoption for a person born outside this state, the state registrar shall forward the report to the state registrar in the state of birth. If the birth occurred in a foreign country and the child was not a citizen of the United States at the time of birth, the state registrar shall prepare a record of foreign birth as provided by KRS 213.056(2). If the child was born in Canada, the state registrar shall also send a copy of the report of adoption, annulment of adoption, or amendment of a decree of adoption to the appropriate registration authority in that country. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 14, sec. 44, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 386, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 369, sec. 12, effective July 13, 1990.

KRS 213.071 Establishment of new birth certificate for person born in Commonwealth - - Findings of paternity reported -- Procedure when judgment or acknowledgment of paternity is reversed or modified -- Copies of original birth certificate sealed -- Birth certificate for adopted child

213.071. Establishment of new birth certificate for person born in Commonwealth - - Findings of paternity reported -- Procedure when judgment or acknowledgment of paternity is reversed or modified -- Copies of original birth certificate sealed -- Birth certificate for adopted child (1) The state registrar shall establish a new certificate of birth for a person born in the Commonwealth when the state registrar receives the following: (a) A report of adoption as provided in KRS 213.066 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; or (b) A request that a new certificate be established as prescribed by administrative regulation and the evidence as required by administrative regulation proving that the person has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person, or that both parents have acknowledged the paternity of the person in which case the surname of the child shall be changed in accordance with KRS 213.046. (2) If paternity is determined in a court action, the clerk shall report the findings of the court to the state registrar on forms prescribed and furnished for that purpose. The reports shall be made no later than the fifteenth of the month following the date of the order. (3) If a new certificate is established, the actual place and date of birth shall be shown except in the case of adoption. If the adopted child is under eighteen (18) years of age, the birth certificate shall not contain any information revealing the child is adopted and shall show the adoptive parent or parents as the natural parent or parents of the child. The new birth certificate, when issued, shall not contain the place of birth, hospital, or name of the doctor or midwife. This information shall be given only by an order of the court in which the child was adopted. If the child was born in the Commonwealth, the new birth certificate shall show the residence of the adoptive parents as the birthplace of the child, and this shall be deemed for all legal purposes to be the birthplace of the child. (4) The new certificate shall be substituted for the original certificate of birth in the files, and the original certificate of birth and the evidence of adoption, paternity determination, or paternity acknowledgment shall not be subject to inspection except upon order of a court of competent jurisdiction. (5) If any judgment under this section is reversed, amended, modified, or vacated in any particular, the clerk of the court shall notify the state registrar of the reversal or modification, and the state registrar shall make the changes, if any, in the records as may be necessary by the reversal or modification, or if the voluntary acknowledgment of paternity pursuant to KRS 213.046(4) is rescinded, the state registrar shall make the changes, if any, in the records as may be necessary by the reversal, modification, or rescission of the voluntary acknowledgment of paternity. (6) If a new certificate of birth is established by the state registrar, all copies of the original certificate of birth on file shall be sealed. (7) If no birth certificate is on file for an adopted child born in Kentucky, the state registrar shall prepare a certificate of birth in accordance with information furnished by the clerk of the Circuit Court which issued the adoption order. The state registrar shall furnish the clerks of the Circuit Courts the necessary forms to carry out the provisions of this section. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 28, effective July 15, 2020. -- Amended 1998 Ky. Acts ch. 255, sec. 15, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 369, sec. 13, effective July 13, 1990.

KRS 213.076 Certificate of death or provisional certificate of death required to be filed - - Method of filing -- Notice of military burial rights -- Medical certification of cause of death -- Contents of certificate -- Supplemental report -- Verification- of-death statements -- Interment or other disposition of body prohibited unless accompanied by copy of certificate -- Authorization for disinterment -- Change

213.076. Certificate of death or provisional certificate of death required to be filed - - Method of filing -- Notice of military burial rights -- Medical certification of cause of death -- Contents of certificate -- Supplemental report -- Verification- of-death statements -- Interment or other disposition of body prohibited unless accompanied by copy of certificate -- Authorization for disinterment -- Change in death certificate. (1) (a) A certificate of death or a provisional certificate of death for each death which occurs in the Commonwealth shall be filed with the cabinet or as otherwise directed by the state registrar prior to final disposition, and it shall be registered if it has been completed and filed in accordance with this section. The funeral director, or person acting as such, who first takes custody of a dead body shall be responsible for filing the certificate of death. The funeral director, or person acting as such, shall obtain the required personal and statistical particulars from the person best qualified to supply them over the signature and address of the informant. All certificates of death shall be filed with the cabinet using the Kentucky Electronic Death Registration System in a manner directed by the state registrar. (b) At the time of obtaining the required personal and statistical particulars from the informant referred to in paragraph (a) of this subsection, the funeral director, or person acting as such, shall ask the informant if the deceased ever served in the military. If the informant answers in the affirmative, then the funeral director, or person acting as such, shall provide the informant with a fact sheet stating military burial rights supplied by the Kentucky Department of Veterans' Affairs. (c) The funeral director, or person acting as such, shall within five (5) days of the death, present the certificate to the attending physician, advanced practice registered nurse, or physician assistant, if any, to the physician pronouncing death, or to the health officer or coroner as directed by the state registrar, for the medical certificate of the cause of death and other particulars necessary to complete the record as required by this chapter. (d) It shall be unlawful for an institution to release a dead human body until the funeral director, or person acting as such, has completed and filed with the local registrar or person in charge of the institution, a provisional certificate of death. If death occurs outside an institution, the provisional certificate shall be filed with the local registrar by the funeral director, or person acting as such, prior to final disposition of the dead body. A copy of the provisional certificate of death signed by the person with whom it was filed, shall constitute authority for the possession, transportation, and, except for cremation, final disposition of the body. (e) All persons having in their possession a completed provisional certificate of death shall file the certificate at not more than weekly intervals with the local registrar. (f) If the place of death is unknown but the dead body is found in the Commonwealth, the certificate of death shall be completed and filed in accordance with this section. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it shall be determined by approximation subject to amendment upon completion of any postmortem examination required to be performed. (g) If death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in the Commonwealth, the death shall be registered in Kentucky, and the place where it is first removed shall be considered the place of death. If a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space, and the body is first removed from the conveyance in the Commonwealth, the death shall be registered in Kentucky, but the certificate shall show the actual place of death insofar as can be determined. (2) If any certificate of death is incomplete or unsatisfactory, the state registrar shall call attention to the defects in the certificate and require the person responsible for the entry to complete or correct. The state registrar may also require additional information about the circumstances and medical conditions surrounding a death in order to properly code and classify the underlying cause. A funeral director shall not be held responsible for the failure of a physician, advanced practice registered nurse, physician assistant, dentist, chiropractor, or coroner to complete or correct the entry for which he or she is responsible. (3) (a) The medical certification shall be completed, signed, and returned to the funeral director within five (5) working days after presentation to the physician, advanced practice registered nurse, physician assistant, dentist, or chiropractor in charge of the patient's care for the illness or condition which resulted in death, except when inquiry is required by KRS 72.400 to 72.475. In such cases, or if the cause of death is unknown or under investigation, the medical certification shall be completed within five (5) days after receiving results of the inquiry as required by KRS 72.400 to 72.475. (b) In the absence of the physician, advanced practice registered nurse, physician assistant, dentist, or chiropractor, or with such person's approval, the certificate may be completed and signed by his or her associate physician, advanced practice registered nurse, physician assistant, dentist, or chiropractor, or the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, or a physician, advanced practice registered nurse, or physician assistant employed by the local health department, if the individual has access to the medical history of the case and death is due to natural causes. (4) If death occurs more than thirty-six (36) hours after the decedent was last treated or attended by a physician, advanced practice registered nurse, physician assistant, dentist, or chiropractor, the case shall be referred to the coroner for investigation to determine and certify the cause of death. In the event that a coroner is not available to sign the certificate and there is no duly appointed deputy, the county judge/executive shall appoint a competent person to investigate the death and certify to its cause. (5) (a) The physician, advanced practice registered nurse, physician assistant, dentist, chiropractor, or coroner who certifies to the cause of death shall return the certificate to the funeral director, or person acting as such, who, in turn, shall file the certificate directly with the Vital Statistics Branch. Any certified copies of the record requested at the time of filing shall be issued in not more than two (2) working days. (b) In the case of a death in which diabetes was known to be an underlying cause or contributing condition, diabetes shall be listed in the appropriate location on the death certificate by the physician, advanced practice registered nurse, physician assistant, dentist, chiropractor, or coroner who certifies to the cause of death. (6) Three (3) free verification-of-death statements shall be provided to the funeral director by the Vital Statistics Branch for every death in the Commonwealth of Kentucky. (7) The body of any person whose death occurs in Kentucky shall not be interred, deposited in a vault or tomb, cremated, or otherwise disposed of, or removed from or into any registration district, until a provisional certificate of death has been filed with the local registrar of the registration district in which the death occurs. If the death occurred from a disease declared by the Cabinet for Health and Family Services to be infectious, contagious, or communicable and dangerous to the public health, no permit for the removal or other disposition of the body shall be granted by the registrar except under conditions prescribed by the Cabinet for Health and Family Services and the local health department. The Cabinet for Health and Family Services shall identify by regulation those communicable diseases which require blood and body fluid precautions. If a person who has been diagnosed as being infected with a communicable disease for which blood and body fluid precautions are required, dies within a health facility as defined in KRS 216B.015, the facility shall notify any embalmer or funeral director to whom the body will be transported of the need for such precautions. The notice shall be provided by including the statement "Blood and Body Fluid Precautions" on the provisional report-of-death form as prescribed by the Cabinet for Health and Family Services. Lack of this notice shall not relieve any embalmer or funeral director from taking universal blood and body fluid precautions as are recommended by the United States Department of Health and Human Services, Centers for Disease Control for Morticians' Services. No embalmer or funeral director shall charge more for embalming the remains of a person with a communicable disease which requires blood and body fluid precautions than the price for embalming services listed on the price list funeral providers are required to maintain and provide to consumers pursuant to 16 C.F.R. sec. 453.2. (8) A burial-transit permit for the final disposition issued under the law of another state which accompanies a dead body or fetus brought into the Commonwealth sha ll be the authority for final disposition of the body or fetus in the Commonwealth and may be accepted in lieu of a certificate of death. There shall be noted on the face of the record made for return to the local registrar that the body was shipped to Kentucky for interment and the actual place of death. (9) Nothing in this section shall be construed to delay, beyond a reasonable time, the interment or other disposition of a body unless the services of the coroner or the health officer are required or the Department for Public Health deems it necessary for the protection of the public health. If compliance with this section would result in unreasonable delay in the disposition of the body the funeral director, or person acting as such, shall file with the local registrar or deputy registrar prior to interment a provisional certificate of death which shall contain the name, date, and place of death of the deceased, the name of the medical certifier, and an agreement to furnish within ten (10) days a complete and satisfactory certificate of death. (10) No sexton or other person in charge of any place in which interment or other disposition of dead bodies is made shall inter or allow interment or other disposition of a dead body or fetus unless it is accompanied by a copy of the provisional certificate of death. The sexton, or if there is no sexton, the funeral director, or person acting as such, shall enter on the provisional certificate over his or her signature, the date, place, and manner of final disposition and file the certificate within five (5) days with the local registrar. (11) Authorization for disinterment, transportation, and reinterment or other disposition shall be required prior to disinterment of any human remains. The authorization shall be issued by the state registrar upon proper application. The provisions of this subsection shall apply to all manners of disposition except cremation and without regard for the time and place of death. The provisions of KRS 381.765 shall not apply to remains removed for scientific study and the advancement of knowledge. (12) After a death certificate has been on file for five (5) years, it may not be changed in any manner except upon order of a court. Prior to that time, requests for corrections, amendments, or additions shall be accompanied by prima facie evidence which supports the requested change. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 83, sec. 1, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 36, sec. 29, effective July 15, 2020. -- Amended 2016 Ky. Acts ch. 66, sec. 1, effective July 15, 2016; and ch. 87, sec. 5, effective July 15, 2016. -- Amended 2013 Ky. Acts ch. 4, sec. 1, effective June 25, 2013. -- Amended 2008 Ky. Acts ch. 5, sec. 2, effective July 15, 2008. -- Amended 2007 Ky. Acts ch. 107, sec. 1, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 436, effective June 20, 2005; and chs. 131, sec. 1, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 15, sec. 1, effective July 15, 2002; and ch. 100, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 426, sec. 387, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 369, sec. 14, effective July 13, 1990.

KRS 213.081 Permit to cremate or transport body -- Simultaneous cremation

213.081. Permit to cremate or transport body -- Simultaneous cremation (1) No person shall cremate or cause to be transported for the purpose of cremation the body of any person whose death occurs in the Commonwealth, without first obtaining from the coroner of the county in which the death occurred, a permit stating the cause of death and authorizing the cremation or transportation for cremation of the body. The permit shall be filed immediately following cremation with the local registrar of vital statistics. (2) Fetal death remains shall require the same permit required by subsection (1) of this section. (3) Notwithstanding KRS 367.97514, fetuses may be cremated by simultaneous cremation. Effective:April 14, 2022 History: Amended 2022 Ky. Acts ch. 210, sec. 20, effective April 14, 2022. -- Created 1990 Ky. Acts ch. 369, sec. 15, effective July 13, 1990. Legislative Research Commission Note (4/14/2022). This statute was amended by 2022 Ky. Acts ch. 210, sec. 20. Section 38 of that Act states, "Sections 1 to 31 of this Act may be cited as the Humanity in Healthcare Act of 2022."

KRS 213.086 "Presumptive" death certificate

213.086. "Presumptive" death certificate If a death is presumed to have occurred within the Commonwealth but the body cannot be located or recovered, a death certificate may be prepared by the state registrar upon receipt of an order of a court of competent jurisdiction, which shall include the finding of facts required to complete the death certificate. Such a death certificate shall be marked "presumptive" and shall show on the certificate the date of registration and shall identify the court and the date of decree. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 369, sec. 16, effective July 13, 1990.

KRS 213.091 "Delayed" death certificate

213.091. "Delayed" death certificate (1) If a death occurring in the Commonwealth has not been registered within one (1) year from the date of death, a certificate of death may be filed in accordance with regulation of the cabinet pursuant to KRS Chapter 13A. The certificate shall be registered subject to the evidentiary requirements the cabinet shall by regulation prescribe to substantiate the alleged facts of death. (2) Any certificate of death registered one (1) year or more after the date of death shall be marked "delayed" and shall show on the face of the certificate the date of the delayed registration. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 369, sec. 17, effective July 13, 1990.

KRS 213.096 Combination birth-death or stillbirth certificate -- Completion of form

213.096. Combination birth-death or stillbirth certificate -- Completion of form (1) Each fetal death of twenty (20) completed weeks' gestation or more, calculated from the date last normal menstrual period began to the date of delivery or in which the fetus weighs three hundred fifty (350) grams or more, which occurs in the Commonwealth, shall be reported on a combination birth-death or stillbirth certificate in accordance with applicable provisions of KRS 213.046 and KRS 213.076. If the fetal death occurs in a hospital, the person in charge of the institution or the person's designated representative shall complete the stillbirth certificate, obtain the medical certification, and file the certificate with the state registrar. (2) The name of the father shall be entered on the stillbirth certificate in accordance with the provisions of KRS 213.046. (3) All abortions shall be reported in the manner prescribed in KRS 213.101 and shall not be reported as stillbirths. (4) If requested by the patient to whom an abortion is provided, the person in charge of the institution or the person's designated representative shall complete the form created by the cabinet under subsection (3) of this section, obtain the medical certification, and file the certificate with the state registrar. Effective:April 14, 2022 History: Amended 2022 Ky. Acts ch. 210, sec. 21, effective April 14, 2022. -- Amended 2020 Ky. Acts ch. 36, sec. 30, effective July 15, 2020. -- Created 1990 Ky. Acts ch. 369, sec. 18, effective July 13, 1990. Legislative Research Commission Note (4/14/2022). This statute was amended by 2022 Ky. Acts ch. 210, sec. 21. Section 38 of that Act states, "Sections 1 to 31 of this Act may be cited as the Humanity in Healthcare Act of 2022."

KRS 213.098 Disclosure regarding fetal remains -- Forms -- Prohibited activities

213.098. Disclosure regarding fetal remains -- Forms -- Prohibited activities (1) For the purposes of this section, "fetal remains" means the biological remains of a human child resulting from the termination of a pregnancy by a surgical or medication abortion prior to birth or miscarriage. (2) (a) Within twenty-four (24) hours before a surgical or medication abortion or within twenty-four (24) hours of a miscarriage, the healthcare facility or abortion clinic shall disclose to the parent or parents of the fetus, both orally and in writing, the parents' right to determine if they will take responsibility for the final disposition of the fetal remains or relinquish the responsibility for final disposition to the healthcare facility or abortion clinic. (b) If the procedure is a medication-induced abortion, the mother: 1. Shall be informed that she will expel a fetus after leaving the healthcare facility or abortion clinic; 2. May choose to return the fetal remains to the healthcare facility or abortion clinic for final disposition; 3. Shall be exempted from the requirements of KRS 213.081 that require a permit for the purpose of transporting the fetal remains back to the healthcare facility or abortion clinic for final disposition; and 4. Shall be exempted from the requirements of KRS 213.096 that require an abortion to be reported on a combination birth-death or stillbirth certificate. (c) After receiving the information required by paragraphs (a) and (b) of this subsection, the parent or parents of the fetus shall inform the healthcare facility or abortion clinic of their choice for the disposition of the fetal remains by electing to either: 1. Relinquish the guardianship of the fetal remains and the responsibility for final disposition of those remains to the guardianship of the healthcare facility or abortion clinic which shall dispose of those remains as they would any other human remains; or 2. Retain the guardianship for the fetal remains and designate that fetal remains shall be released to the parent or parents for disposition. (d) The healthcare facility or abortion clinic shall document the parent's or parents' choice for the disposition of the fetal remains in the medical record. (3) The cabinet shall design forms through administrative regulations that document: (a) The age of the parent or parents of the fetal remains; (b) In the event that the parents are under eighteen (18) years of age, have not been emancipated by court order, or have not obtained a court order granting the right to self-consent, a consent by their parent or guardian; (c) The status of fetal remains resulting from an abortion for the purpose of cremation that shall meet any requirements for a birth-death, provisional death, or death certificate for transport or cremation; (d) A designation of how the fetal remains shall be disposed of and who shall be responsible for the final disposition; and (e) Any other information required by the cabinet. (4) A person or entity shall not: (a) Dispose of a fetus or fetal remains as medical or infectious waste; (b) Offer money or anything of value for an aborted fetus or fetal remains; (c) Accept money or anything of value for an aborted fetus or fetal remains; or (d) Transport, or arrange for the transportation of, fetal remains for any purpose other than: 1. Final disposition by a crematory licensed under KRS Chapter 367; 2. Interment by a funeral establishment licensed under KRS Chapter 316; 3. Interment by the parent or parents privately in conformance with KRS 381.697 and administrative regulations promulgated by the Cabinet for Health and Family Services; 4. Delivery of the fetal remains to the healthcare facility or abortion clinic for final disposition; 5. For law enforcement in the context of a criminal investigation with the consent of the parent; or 6. To a pathology laboratory for examination of the fetal remains with the consent of the parent. Effective:April 14, 2022 History: Created 2022 Ky. Acts ch. 210, sec. 22, effective April 14, 2022. Legislative Research Commission Note (4/14/2022). This statute was created by 2022 Ky. Acts ch. 210, sec. 22. Section 38 of that Act states, "Sections 1 to 31 of this Act may be cited as the Humanity in Healthcare Act of 2022."

KRS 213.101 Abortion required to be reported to Vital Statistics Branch -- Contents of report -- Public report by Vital Statistics Branch -- Administrative regulations -- Audit by Inspector General

213.101. Abortion required to be reported to Vital Statistics Branch -- Contents of report -- Public report by Vital Statistics Branch -- Administrative regulations -- Audit by Inspector General (1) Each abortion as defined in KRS 213.011 which occurs in the Commonwealth, regardless of the length of gestation, shall be reported to the Vital Statistics Branch by the person in charge of the institution within three (3) days after the end of the month in which the abortion occurred. If the abortion was performed outside an institution, the attending physician shall prepare and file the report within three (3) days after the end of the month in which the abortion occurred. (2) The report shall include all the information the physician is required to certify in writing or determine under KRS 311.731, 311.732, 311.7704, 311.7705, 311.7706, 311.7707, 311.7735, 311.7736, 311.774, 311.782, and 311.783, and at a minimum: (a) The full name and address of the physician who performed the abortion or provided the abortion-inducing drug as defined in KRS 311.7731; (b) The address at which the abortion was performed or the address at which the abortion-inducing drug was provided by a qualified physician, or the method of obtaining the abortion-inducing drug if not provided by a qualified physician, including mail order, Internet order, or by a telehealth provider in which case identifying information for the pharmacy, Web site address, or the telemedicine provider shall be included; (c) The names, serial numbers, National Drug Codes, lot numbers, and expiration dates of the specific abortion-inducing drugs that were provided to the pregnant patient and the dates each were provided; (d) The full name and address of the referring physician, agency, or service, if any; (e) The pregnant patient's city or town, county, state, country of residence, and zip code; (f) The pregnant patient's age, race, and ethnicity; (g) The age or approximate age of the father, if known; (h) The total number and dates of each previous pregnancy, live birth, and abortion of the pregnant patient; (i) The probable gestational and post-fertilization ages of the unborn child, the methods used to confirm the gestational and post-fertilization ages, and the date determined; (j) A list of any pre-existing medical conditions of the pregnant patient that may complicate her pregnancy, if any, including hemorrhage, infection, uterine perforation, cervical laceration, retained products, or any other condition; (k) Whether the fetus was delivered alive and the length of time the fetus survived; (l) Whether the fetus was viable and, if viable, the medical reason for termination; (m) Whether a pathological examination of the fetus was performed; (n) Whether the pregnant patient returned for a follow-up examination, the date and results of any such follow-up examination, and what reasonable efforts were made by the qualified physician to encourage the patient to reschedule a follow-up examination if the appointment was missed; (o) Whether the woman suffered any complications or adverse events as defined in KRS 311.7731 and what specific complications or adverse events occurred, and any follow-up treatment provided as required by KRS 311.774; (p) Whether the pregnant patient was Rh negative and, if so, was provided with an Rh negative information fact sheet and treated with the prevailing medical standard of care to prevent harmful fetal or child outcomes or Rh incompatibility in future pregnancies; (q) The amount billed to cover the treatment for specific complications or adverse events, including whether the treatment was billed to Medicaid, private insurance, private pay, or other method. This should include ICD-10 codes reported and charges for any physician, hospital, emergency room, prescription or other drugs, laboratory tests, and any other costs for treatment rendered; (r) The reason for the abortion, if known, including abuse, coercion, harassment, or trafficking; and (s) Whether the pregnant patient was tested for sexually transmitted diseases when providing the informed consent required in KRS 311.725 and 311.7735 twenty-four (24) hours before the abortion procedure or tested at the time of the abortion procedure, and if the pregnant patient tested positive, was treated or referred for treatment and follow-up care. (3) The report shall not contain: (a) The name of the pregnant patient; (b) Common identifiers such as a Social Security number and motor vehicle operator's license number; and (c) Any other information or identifiers that would make it possible to ascertain the patient's identity. (4) If a person other than the physician described in this subsection makes or maintains a record required by KRS 311.732, 311.7704, 311.7705, 311.7706, or 311.7707 on the physician's behalf or at the physician's direction, that person shall comply with the reporting requirement described in this subsection as if the person were the physician. (5) Each prescription issued for an abortion-inducing drug as defined in KRS 311.7731 for which the primary indication is the induction of abortion as defined in KRS 213.011 shall be reported to the Vital Statistics Branch within three (3) days after the end of the month in which the prescription was issued as required by KRS 311.774, but the report shall not include information which will identify the woman involved or anyone who may be picking up the prescription on behalf of the woman. (6) The name of the person completing the report and the reporting institution shall not be subject to disclosure under KRS 61.870 to 61.884. (7) By September 30 of each year, the Vital Statistics Branch shall issue a public report that provides statistics on all data collected, including the type of abortion procedure used, for the previous calendar year compiled from all of the reports covering that calendar year submitted to the cabinet in accordance with this section for each of the items listed in this section. Each annual report shall also provide statistics for all previous calendar years in which this section was in effect, adjusted to reflect any additional information from late or corrected reports. The Vital Statistics Branch shall ensure that none of the information included in the report could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. Each annual report shall be made available on the cabinet's Web site. (8) (a) Any person or institution who fails to submit a report by the end of thirty (30) days following the due date set in this section shall be subject to a late fee of five hundred dollars ($500) for each additional thirty (30) day period or portion of a thirty (30) day period the report is overdue. (b) Any person or institution who fails to submit a report, or who has submitted only an incomplete report, more than one (1) year following the due date set in this section, may in a civil action brought by the Vital Statistics Branch be directed by a court of competent jurisdiction to submit a complete report within a time period stated by court order or be subject to contempt of court. (c) Failure by any physician to comply with the requirements of this section, other than filing a late report, or to submit a complete report in accordance with a court order shall subject the physician to KRS 311.595. (9) Intentional falsification of any report required under this section is a Class A misdemeanor. (10) The Vital Statistics Branch shall promulgate administrative regulations in accordance with KRS Chapter 13A to assist in compliance with this section. (11) (a) The Office of the Inspector General, Cabinet for Health and Family Services, shall annually audit the required reporting of abortion-related information to the Vital Statistics Branch in this section and KRS 213.172, and in so doing, shall function as a health oversight agency of the Commonwealth for this specific purpose. (b) The Office of the Inspector General shall ensure that none of the information included in the audit report could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. (c) If any personally identifiable information is viewed or recorded by the Office of the Inspector General in conducting an audit authorized by this subsection, the information held by the Inspector General shall not be subject to the Kentucky Open Records Act, shall be confidential, and shall only be released upon court order. (d) The Inspector General shall submit a written report to the General Assembly and the Attorney General by October 1 of each year. The reports shall include findings from: 1. The audit required in this subsection, including any identified reporting deficiencies; and 2. All abortion facility inspections, including any violations of KRS 216B.0431 and 216B.0435. Effective:April 14, 2022 History: Amended 2022 Ky. Acts ch. 210, sec. 4, effective April 14, 2022. -- Amended 2020 Ky. Acts ch. 36, sec. 31, effective July 15, 2020. -- Amended 2019 Ky. Acts ch. 20, sec. 15, effective March 15, 2019; ch. 37, sec. 6, effective March 19, 2019; and ch. 191, sec. 1, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 5, sec. 9, effective January 9, 2017. -- Amended 2005 Ky. Acts ch. 99, sec. 438, effective June 20, 2005. -- Created 1990 Ky. Acts ch. 369, sec. 19, effective July 13, 1990. Legislative Research Commission Note (4/14/2022). This statute was amended by 2022 Ky. Acts ch. 210, sec. 4. Section 38 of that Act states, "Sections 1 to 31 of this Act may be cited as the Humanity in Healthcare Act of 2022." Legislative Research Commission Note (6/27/2019). This statute was amended by 2019 Ky. Acts chs. 20, 37, and 191. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 191, which was last enacted by the General Assembly, prevails under KRS 446.250. Legislative Research Commission Note (3/19/2019). 2019 Ky. Acts ch. 37, sec. 8, provides that 2019 Ky. Acts ch. 37 may be cited as the "Human Rights of the Unborn Child and Anti-Discrimination Act." This statute was amended in Section 6 of that Act.

KRS 213.106 Use of induced termination of pregnancy reports

213.106. Use of induced termination of pregnancy reports The reports required under KRS 213.101 are statistical reports to be used only for medical and health purposes and shall not be incorporated into the permanent official records of the system of vital statistics. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 369, sec. 20, effective July 13, 1990.

KRS 213.111 Loan of unclaimed bodies to hospital or institution of higher learning

213.111. Loan of unclaimed bodies to hospital or institution of higher learning (1) Notwithstanding the provisions of KRS 311.300 to 311.350, any hospital or institution of higher learning may make application to any medical school incorporated within the Commonwealth for the loan of unclaimed whole dead bodies or parts thereof for educational or scientific purposes if the approval of the Cabinet for Health and Family Services has first been obtained. Approval shall be granted or denied by the Cabinet for Health and Family Services on the basis of proposed use, need, qualification of personnel, and adequacy of equipment and facilities. (2) A special transit permit shall be obtained for the transportation of the dead bodies or parts thereof from the state registrar. Transportation and the ultimate burial of all the bodies or parts thereof shall be in accordance with the provisions of this chapter and KRS 311.340. (3) All approved recipients shall keep a record of all bodies received by them and comply with all other regulations of the Cabinet for Health and Family Services. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 439, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 388, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 369, sec. 21, effective July 13, 1990.

KRS 213.116 Collection of data relating to marriages, divorces, and annulments

213.116. Collection of data relating to marriages, divorces, and annulments (1) The cabinet shall perform the collection, indexing, tabulation, and registration of data relating to marriages, divorces, and annulments. The secretary shall adopt administrative regulations to carry out the provisions of this section. (2) Each county clerk shall on or before the tenth day of each month furnish to the state registrar, from the marriage licenses issued and the marriage certificates returned to the clerk during the previous month, the information required by the Cabinet for Health and Family Services upon forms prescribed and furnished by the cabinet. The county clerk shall collect from the applicants for a marriage license at the time the license is issued one dollar ($1), which shall constitute the clerk's fee for forwarding the required information to the state registrar. (3) A marriage record not filed within the time prescribed by this section may be registered in accordance with administrative regulations adopted by the cabinet. (4) In all actions for dissolution of marriage, the petitioner, or the petitioner's attorney or legal representative, shall file, concurrently with the petition, the information requested on forms prescribed and furnished by the Cabinet for Health and Family Services. By January 1, 2013, these forms shall be available on the cabinet's Web site as a downloadable document that can be completed electronically and printed. The provisions of the information shall be prerequisite to the issuance of a final decree in the matter by the court. (5) Each Circuit Court clerk shall, within forty-five (45) days after entry of a final judgment of divorce, absolute or limited, or annulment of marriage, complete the form prescribed and furnished by the Cabinet for Health and Family Services and forward it to the state registrar. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 127, sec. 1, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 440, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 389, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 369, sec. 22, effective July 13, 1990.

KRS 213.121 Amendment of certificate or report

213.121. Amendment of certificate or report (1) A certificate or report registered under this chapter may be amended only in accordance with this section and administrative regulations adopted by the cabinet to protect the integrity and accuracy of vital records. (2) A certificate or report that is amended under this section shall be marked "amended," except as otherwise provided in this section. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The cabinet shall prescribe by administrative regulation the conditions under which additions or minor corrections may be made to certificates or records within one (1) year after the date of the event without the certificate or record being marked "amended." (3) Upon written request of both parents and receipts of a sworn acknowledgment of paternity signed by both parents of a child born to an unmarried woman, the state registrar shall amend the certificate of birth to show the paternity, if paternity is not already shown on the certificate of birth. The certificate shall not be marked "amended." (4) Upon receipt of a certified copy of an order of a court changing the name of a person born in the Commonwealth and upon request of the person or the person's parents, guardian, or legal representative, the state registrar shall amend the certificate of birth to show the new name. (5) Upon receipt of a sworn statement by a licensed physician indicating that the gender of an individual born in the Commonwealth has been changed by surgical procedure and a certified copy of an order of a court of competent jurisdiction changing that individual's name, the certificate of birth of the individual shall be amended as prescribed by regulation to reflect the change. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 369, sec. 23, effective July 13, 1990.

KRS 213.126 Preservation of vital records

213.126. Preservation of vital records To preserve vital records, the cabinet may prepare typewritten, photographic, electronic, or other reproductions of certificates or reports of the vital statistics program. The reproductions, when certified by the state registrar, shall be accepted in the same manner as the original records. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 369, sec. 24, effective July 13, 1990.

KRS 213.131 Inspection of records -- Public records

213.131. Inspection of records -- Public records (1) To protect the integrity of vital records, to insure their proper use, and to insure the efficient and proper administration of the system of vital statistics, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital records or to copy or issue a copy of all or part of any record except as authorized by this chapter, by regulation, or by order of a court of competent jurisdiction. Administrative regulations adopted by the cabinet shall provide for adequate standards of security and confidentiality of vital records and shall conform to subsection (4) of this section. (2) The state registrar shall prepare annually an alphabetical list of all persons registered as born in the preceding year. The list shall show the person's name, the mother's maiden name, and the date and county of birth. This list shall be an open record subject to inspection by the public upon request. (3) The state registrar shall prepare annually an alphabetical list of all persons registered who die in the Commonwealth. This list shall show the name of the deceased and the date and county of death and shall be an open record subject to inspection by the public upon request. (4) The Cabinet for Health and Family Services may authorize by regulation the disclosure of information contained in vital records for research and official administrative purposes, if: (a) All information identifying persons named on the certificate is withheld or removed; (b) The information is requested by a federal, state, county, or municipal agency of government which needs the data or information in the conduct of official duties; or (c) The cabinet has prepared, in writing, a statement of the conditions under which the data or records will be used and received an agreement signed by a responsible agent of the research organization agreeing to meet with and conform to the conditions. (5) If one hundred (100) years have elapsed after the date of birth, or fifty (50) years have elapsed after the date of death, the records of these events in the custody of the state registrar shall become public records and information shall be made available in accordance with regulations which shall provide for continued safekeeping of the records. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 441, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 390, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 369, sec. 25, effective July 13, 1990.

KRS 213.136 Certified copy of a vital record

213.136. Certified copy of a vital record (1) The state registrar shall upon receipt of an application issue a certified copy of a vital record in the registrar's custody or a part thereof to any applicant. Each copy issued shall show the date of registration and copies issued from records marked "delayed" or "amended" shall be similarly marked and show the effective date. The documentary evidence used to establish a delayed certificate shall be shown on all copies issued. All forms and procedures used in the issuance of certified copies of vital records in the Commonwealth shall be provided or approved by the state registrar. (2) A certified copy of a vital record or any part thereof, issued in accordance with subsection (1) of this section, shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts stated therein. The evidentiary value of a certificate or record which has been amended shall be determined by the judicial or administrative body, or official before which the certificate is offered as evidence. (3) The federal agency responsible for national vital statistics may be furnished copies or data from the system of vital statistics for national statistics, if the federal agency shares in the cost of collecting, processing, and transmitting the data, and if the data is not used for other than statistical purposes by the federal agency unless so authorized by the cabinet. (4) Federal, state, local, and other public or private agencies may, upon request, be furnished copies or data from the system of vital statistics for statistical or administrative purposes upon terms or conditions as may be prescribed by regulation if the copies or data are not used for purposes other than those for which they were requested without prior permission of the cabinet. No information other than statistical data shall be provided for commercial purposes. (5) The cabinet may, by agreement, transmit copies of records and other reports required by this chapter to offices of vital statistics outside the Commonwealth when the records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. The agreement shall require that the copies be used for statistical and administrative purposes only and the agreement shall further provide for the retention and disposition of the copies. Copies received by the Vital Statistics Branch from offices of vital statistics in other states shall be handled in the same manner as prescribed in this section. (6) No person shall prepare or issue any certificate which purports to be an original, certified copy, or copy of a vital record except as authorized in this section or regulation adopted hereunder. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 442, effective June 20, 2005. -- Created 1990 Ky. Acts ch. 369, sec. 26, effective July 13, 1990.

KRS 213.141 Fee for certified copies of certificates or records or for a search of records - - Exemptions

213.141. Fee for certified copies of certificates or records or for a search of records - - Exemptions (1) Except as provided in subsection (2) of this section, the cabinet shall prescribe by regulation a fee not to exceed five dollars ($5), to be paid for certified copies of certificates or records, or for a search of the files or records when no copy is made, or for copies or information provided for research, statistical, or administrative purposes. (2) The cabinet shall prescribe by administrative regulation pursuant to KRS Chapter 13A a fee not to exceed ten dollars ($10) to be paid for a certified copy of a record of a birth: (a) Three dollars ($3) of which shall be used by the Cabinet for Health and Family Services for the sole purpose of contracting for the operation of private, not-for-profit, self-help, education, and support groups for parents who want to prevent or cease physical, sexual, or mental abuse of children; and (b) One dollar ($1) of which shall be used by the Division of Maternal and Child Health to pay for therapeutic food, formulas, supplements, amino acid-based elemental formula, or low-protein modified foods for all inborn errors of metabolism and genetic conditions if: 1. The therapeutic food, formulas, supplements, amino acid-based elemental formula, or low-protein modified food products are medically indicated for the therapeutic treatment of inborn errors of metabolism or genetic conditions and are administered under the direction of a physician; and 2. The affected person's therapeutic food, formulas, supplements, amino acid-based elemental formula, or low-protein foods are not covered under any public or private health benefit plan. (3) Fees collected under this section by the state registrar shall be used to help defray the cost of administering the system of vital statistics. (4) (a) No fee or compensation shall be allowed or paid for furnishing certificates of birth or death required in support of any claim against the government for compensation, insurance, back pay, or other allowances or benefits for any person who has at any time served as a member of the Army, Navy, Marine Corps, or Air Force of the United States. (b) No fee or compensation shall be allowed or paid for furnishing a certificate of birth to a member of the Kentucky National Guard who has received deployment orders during the sixty (60) days prior to the furnishing of the certificate. (c) No fee or compensation shall be allowed or paid for furnishing a certificate of birth to a child who is in the custody of or committed to the cabinet, including a child who has extended commitment to the cabinet in accordance with KRS 610.110(6). (d) No fee or compensation shall be allowed or paid for furnishing a certificate of birth to a homeless individual as defined in KRS 198A.700, or a homeless youth as defined in 42 U.S.C. sec. 11434a(2) who is under twenty-five (25) years of age, provided the homeless individual or homeless youth has been verified as homeless by at least one (1) of the following: 1. A director or designee of a governmental or nonprofit agency that receives public or private funding to provide services to homeless people; 2. A local educational agency liaison for homeless children and youths designated pursuant to 42 U.S.C. sec. 11432(g)(1)(J)(ii) or a school social worker or school counselor; 3. The director or director's designee of a federal TRIO Program or a Gaining Early Awareness and Readiness for Undergraduate Program; or 4. A financial aid administrator for an institution of higher education. (5) The cabinet shall notify the State Board of Elections monthly of the name, address, birthdate, sex, race, and Social Security number of residents of the Commonwealth who died during the previous month. This data shall include only those persons who were over the age of eighteen (18) years at the date of death. No fee or compensation shall be allowed for furnishing these lists. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 96, sec. 1, effective July 15, 2024. -- Amended 2019 Ky. Acts ch. 144, sec. 2, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 136, sec. 11, effective July 1, 2019; and ch. 159, sec. 12, effective July 14, 2018. -- Amended 2016 Ky. Acts ch. 10, sec. 2, effective April 1, 2016. -- Amended 2012 Ky. Acts ch. 158, sec. 47, effective July 12, 2012. -- Amended 2008 Ky. Acts ch. 119, sec. 2, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 99, sec. 56, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 149, sec. 1, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 457, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 391, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 312, sec. 1, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 369, sec. 27, effective July 13, 1990. Legislative Research Commission Note (7/14/2018). This statute was amended by 2018 Ky. Acts chs. 136 and 159, which do not appear to be in conflict and have been codified together. The changes to the language of this statute were identical in each Act, but the Acts had different effective dates of July 14, 2018, and July 1, 2019. The later-passed Act, Chapter 159, had the earlier effective date, and under KRS 446.250 will prevail, and the amended language of this statute is effective on July 14, 2018. Legislative Research Commission Note (4/1/2016). 2016 Ky. Acts ch. 10, sec. 5 provided that that Act may be cited as Noah's Law. This statute was amended in Section 2 of that Act. Legislative Research Commission Note (7/15/2008). The structure of paragraphs in subsection (2) of this section has been altered by the Reviser of Statutes from the structure set forth in 2008 Ky. Acts ch. 119, sec. 2, under the authority of KRS 7.136.

KRS 213.146 Maintenance of records relating to vital statistics by various persons

213.146. Maintenance of records relating to vital statistics by various persons (1) Every person in charge of an institution shall keep a record of personal data concerning each person admitted or confined to the institution. This record shall include the information required for certificates of birth and death and the reports of fetal death and induced termination of pregnancy required by this chapter. The record shall be made at the time of admission from information provided by the person being admitted or confined but, if it cannot be so obtained, the information shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record. (2) If a dead body or dead fetus is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the decedent, date of death, name and address of the person to whom the body or fetus is released, and the date of removal from the institution. If final disposition is made by the institution, the date, place, and manner of disposition shall also be recorded on the certificate of death or fetal death and filed in accordance with KRS 213.076 and 213.096. (3) A funeral director, embalmer, sexton, or other person who removes from the place of death, transports, or makes final disposition of a dead body or fetus shall, in addition to filing any certificate or other report required by this chapter or regulation promulgated hereunder, keep a record which shall identify the body and the information pertaining to the persons receipt, removal, delivery, burial, or cremation of the body as may be required by regulations adopted by the cabinet. (4) Records maintained under this section shall be retained for a period of not less than five (5) years and shall be made available for inspection by the cabinet or its designee upon request. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 369, sec. 28, effective July 13, 1990.

KRS 213.151 Furnishing of information to complete a vital record

213.151. Furnishing of information to complete a vital record Any person having knowledge of the facts necessary to complete a vital record shall furnish the information that person possesses regarding any birth, death, fetal death, induced termination of pregnancy, marriage, or dissolution of marriage or annulment upon request of the cabinet. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 369, sec. 29, effective July 13, 1990.

KRS 213.156 Application of the provisions of this chapter

213.156. Application of the provisions of this chapter The provisions of this chapter shall apply to all certificates of birth, death, marriage, divorce, stillbirth, and abortion previously received by the Vital Statistics Branch and in the custody of the state registrar or any health department. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 32, effective July 15, 2020. -- Amended 2005 Ky. Acts ch. 99, sec. 443, effective June 20, 2005. -- Created 1990 Ky. Acts ch. 369, sec. 30, effective July 13, 1990.

KRS 213.161 Sudden Infant Death Syndrome Program -- Collection of a tissue sample during autopsy, conditions

213.161. Sudden Infant Death Syndrome Program -- Collection of a tissue sample during autopsy, conditions (1) In order to obtain information which may be useful to research organizations studying the causes and incidence of the sudden infant death syndrome, a program is hereby established in the Cabinet for Health and Family Services. The purpose of this program shall be to obtain factual information concerning the characteristics, incidence, and distribution of the sudden infant death syndrome throughout the Commonwealth and to provide a means of public education concerning any research findings which may lead to the possible means of prevention, early identification, and treatment of children susceptible to the sudden infant death syndrome. (2) In instances where an ostensibly healthy child dies suddenly and unexpectedly with no known or apparent cause as determined by a physician or a coroner, an autopsy with the written approval of the parents or legal guardian of the child shall be performed within forty-eight (48) hours and the results reported to the cabinet and to the parents or legal guardian of the child. (3) At the request of the parent or legal guardian of a child who has died under circumstances described in subsection (2) of this section or in the case of the death of any child, a tissue sample may be collected during the autopsy of the child's body and shared for research purposes, assuming the tissue harvest will not interfere with the determination of the cause and manner of death. (4) In order to implement the provisions of this section, the secretary of the Cabinet for Health and Family Services shall: (a) Promulgate administrative regulations as may be necessary in order to obtain in proper form all information relating to the occurrence of sudden infant deaths which is relevant and appropriate for the establishment of a reliable statistical index of the incidence, distribution, and characteristics of cases of the sudden infant death syndrome; (b) Collect such factual information from physicians, coroners, medical examiners, hospitals, and public health officials who have examined any child known or believed to have the sudden infant death syndrome; (c) Make such factual information available to physicians, coroners, medical examiners, hospitals, public health officials, and educational and institutional organizations conducting research as to the causes and incidence of the sudden infant death syndrome; (d) Cause appropriate counseling services to be established and maintained for families affected by the occurrence of the sudden infant death syndrome; and (e) Conduct educational programs to inform the general public of any research findings of educational and institutional organizations which may lead to the possible means of prevention, early identification, and treatment of the sudden infant death syndrome. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 126, sec. 1, effective July 15, 2020. -- Amended 2005 Ky. Acts ch. 99, sec. 444, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 392, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 369, sec. 32, effective July 13, 1990.

KRS 213.166 Short title

213.166. Short title KRS 213.011 to 213.161 may be cited as the Vital Statistics Act. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 369, sec. 33, effective July 13, 1990.

KRS 213.172 Report on prescriptions for abortion-inducing drugs -- Failure to comply -- Administrative regulations

213.172. Report on prescriptions for abortion-inducing drugs -- Failure to comply -- Administrative regulations (1) Each prescription dispensed by a pharmacy for RU-486, cytotec, pitocin, mifeprex, misoprostol, or any other drug or combination of drugs for which the primary indication is the induction of abortion as defined in KRS 213.011 shall be reported to the Vital Statistics Branch within three (3) days after the end of the month in which the prescription was dispensed, but the report shall not include information which will identify the pregnant patient involved or anyone who may have picked up the dispensed prescription on behalf of the woman. (2) The report shall include at a minimum: (a) The full name and address of the pharmacist or pharmacy dispensing the prescription; (b) The names, serial numbers, National Drug Codes, lot numbers, and expiration dates of the specific abortion-inducing drugs that were dispensed; (c) The full name and address of the referring physician, agency, or service, if any; (d) The pregnant patient's city or town, county, state, country of residence, and zip code; (e) The pregnant patient's age, race, and ethnicity; (f) The age or approximate age of the father, if known; (g) A list of any pre-existing medical conditions of the pregnant patient that may complicate her pregnancy, if any, including hemorrhage, infection, uterine perforation, cervical laceration, retained products, or any other condition; (h) Whether the pregnant patient was Rh negative and, if so, was provided with an Rh negative information fact sheet and treated with the prevailing medical standard of care to prevent harmful fetal or child outcomes or Rh incompatibility in future pregnancies; and (i) The reason for the abortion, if known, including abuse, coercion, harassment, or trafficking. (3) The report shall not contain: (a) The name of the pregnant patient; (b) Common identifiers such as a Social Security number and motor vehicle operator's license number; and (c) Any other information or identifiers that would make it possible to ascertain the patient's identity. (4) The name of the person completing the report and the reporting institution shall not be subject to disclosure under KRS 61.870 to 61.884. (5) (a) Any person or institution who fails to submit a report by the end of thirty (30) days following the due date set in subsection (1) of this section shall be subject to a late fee of five hundred dollars ($500) for each additional thirty (30) day period or portion of a thirty (30) day period the report is overdue. (b) Any person or institution who fails to submit a report, or who has submitted only an incomplete report, more than one (1) year following the due date set in subsection (1) of this section, may in a civil action brought by the Vital Statistics Branch be directed by a court of competent jurisdiction to submit a complete report within a time period stated by court order or be subject to contempt of court. (c) Failure by any pharmacist or pharmacy to comply with the requirements of this section, other than filing a late report, or to submit a complete report in accordance with a court order shall subject the pharmacist or pharmacy to KRS 315.121. (6) Intentional falsification of any report required under this section is a Class A misdemeanor. (7) The Vital Statistics Branch shall promulgate administrative regulations in accordance with KRS Chapter 13A to assist in compliance with this section. Effective:April 14, 2022 History: Created 2022 Ky. Acts ch. 210, sec. 29, effective April 14, 2022. Legislative Research Commission Note (4/14/2022). This statute was created by 2022 Ky. Acts ch. 210, sec. 29. Section 38 of that Act states, "Sections 1 to 31 of this Act may be cited as the Humanity in Healthcare Act of 2022."

KRS 213.174 Report forms -- Annual statistical report -- Public records -- Confidentiality of identity -- Communication of reporting requirements

213.174. Report forms -- Annual statistical report -- Public records -- Confidentiality of identity -- Communication of reporting requirements (1) The cabinet shall create and distribute the report forms required in KRS 213.101, 213.172, 311.732, 311.7735, 311.7736, 311.774, 311.7741, and 311.783 within sixty (60) days after April 14, 2022. (2) The cabinet shall prepare and submit a comprehensive annual statistical report to the General Assembly based upon the data gathered from reports required in KRS 213.101, 213.172, 311.732, 311.7735, 311.7736, 311.774, 311.7741, and 311.783. The aggregated data shall also be made available to the public by the cabinet in an electronic format. (3) Reports required in KRS 213.101, 213.172, 311.732, 311.7735, 311.7736, 311.774, 311.7741, and 311.783 shall be deemed public records and shall be provided by the cabinet to the Kentucky Board of Medical Licensure, the Kentucky Board of Pharmacy, state law enforcement offices, and child protective services upon request for use in the performance of their official duties. (4) Absent a valid court order or judicial subpoena, the cabinet, and any other state department, agency, or office or any employees thereof, shall not compare data concerning drug-induced abortion or drug-induced abortion complications or adverse events as defined in KRS 311.7731 maintained in an electronic or other information system file with data in any other electronic or other information system, the comparison of which could result in identifying, in any manner or under any circumstances, a pregnant patient who is obtaining or seeking to obtain a drug-induced abortion. (5) Statistical information that may reveal the identity of a pregnant person obtaining or seeking to obtain a drug-induced abortion shall not be maintained by the cabinet or any other state department, agency, or office, or any employee or contractor thereof. (6) The cabinet shall communicate the reporting requirements in KRS 213.101, 213.172, 311.732, 311.7735, 311.7736, 311.774, 311.7741, and 311.783 to all medical professional organizations, licensed physicians, hospitals, emergency medical service providers, abortion facilities, ambulatory surgical facilities, pharmacies, and other healthcare facilities operating in Kentucky. Effective:April 14, 2022 History: Created 2022 Ky. Acts ch. 210, sec. 13, effective April 14, 2022. Legislative Research Commission Note (4/14/2022). This statute was created by 2022 Ky. Acts ch. 210, sec. 13. Section 38 of that Act states, "Sections 1 to 31 of this Act may be cited as the Humanity in Healthcare Act of 2022."

KRS 213.176 Information and statement

213.176. Information and statement (1) The cabinet shall publish printed material and maintain on its Web site the following statement: "Information on the potential ability of qualified medical professionals to reverse the effects of an abortion obtained through the use of abortion-inducing drugs as defined in KRS 311.7731 is available, and shall also include information for assistance in locating a medical professional who can aid in the reversal of a drug-induced abortion." (2) On an annual basis, the cabinet shall review and update, if necessary, the statement required in subsection (1) of this section and shall also include information for assistance in locating a medical professional who can aid in the reversal of a drug-induced abortion. Effective:April 14, 2022 History: Created 2022 Ky. Acts ch. 210, sec. 12, effective April 14, 2022. Legislative Research Commission Note (4/14/2022). This statute was created by 2022 Ky. Acts ch. 210, sec. 12. Section 38 of that Act states, "Sections 1 to 31 of this Act may be cited as the Humanity in Healthcare Act of 2022."

KRS 213.420 Burial of homicide victims -- Application to Circuit Court if burial refused

213.420. Burial of homicide victims -- Application to Circuit Court if burial refused (1) In the event that a homicide has been committed and the person charged with the homicide refuses to permit the burial of the body of the deceased person who was the victim of his or her alleged homicide, any member of the family of the deceased, either by consanguinity or affinity, may apply to the Circuit Court in the county in which the body of the deceased is located for an order to release the body of the deceased to the applicant for burial, cremation, or other lawful means of disposition. (2) The Circuit Court, after a hearing in the matter at which the person alleged to have committed the homicide has been afforded the opportunity to appear at the hearing either in person or by counsel or both, shall, if good cause is shown for the release of the body to the applicant, issue an order granting the release of the body to the applicant for burial, cremation, or other lawful means of disposition. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 75, sec. 1, effective July 12, 2006.

KRS 213.991 Penalties

213.991. Penalties (1) Any person who shall cremate or cause to be cremated or transport or cause to be transported for the purpose of cremation, the body of any person whose death occurs in the Commonwealth, without first obtaining from the coroner of the county in which death occurred, authorization for the transportation and cremation shall be guilty of a Class D felony. (2) Any person shall be guilty of a Class A misdemeanor who: (a) Willfully and knowingly makes any false statement in a certificate, record, or report required by this chapter or in an application for an amendment thereof or in an application for a certified copy of a vital record or who willfully and knowingly supplies false information intending that such information be used in the preparation of any report, record or certificate or amendment thereof; (b) Without lawful authority and with the intent to deceive, makes counterfeits, alters, amends or mutilates any certificate, record or report required by this chapter or a certified copy of such certificate, record or report; (c) Willfully and knowingly obtains, possesses, uses, sells, furnishes or attempts to obtain, possess, use, sell or furnish to another, for any purpose of deception, any certificate, record or report required by this chapter or certified copy thereof so made, counterfeited, altered, amended, mutilated or which is false in whole or in part or which relates to the birth of another person whether living or deceased; (d) As an employee of the Vital Statistics Branch or any office designated under KRS 213.036, willfully and knowingly furnishes or processes a certificate of birth or certified copy of a certificate of birth with the knowledge or intention that it may be used for the purpose of deception; or (e) Without lawful authority possesses any certificate, record, or report required by this chapter or a copy or certified copy of such certificate, record, or report knowing same to have been stolen or otherwise unlawfully obtained. (3) Any person shall be guilty of a Class B misdemeanor who: (a) Willfully and knowingly refuses to provide information required by this chapter or administrative regulations adopted hereunder; (b) Willfully and knowingly transports or accepts for transportation, interment, or other disposition a dead body without an accompanying permit as provided in this chapter; (c) Willfully and knowingly neglects or violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon him or her by this chapter; or (d) As an employee of the Vital Statistics Branch or any office designated under KRS 213.036, willfully and knowingly violates the confidentiality provisions of KRS 213.131. (4) Repeated failure to comply with the requirements of this chapter shall be sufficient cause for the cabinet to file a report with the applicable medical, dental, chiropractic, or funeral director licensure board citing the omissions of lawful duty and requesting that appropriate disciplinary action be taken. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 445, effective June 20, 2005. -- Created 1990 Ky. Acts ch. 369, sec. 31, effective July 13, 1990.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38209Fetched: 10/20/2026