FRANKFORT— After being vetoed last year, the Born-Alive Infant Protection Act has once again been approved by the Kentucky General Assembly.
Also known as Senate Bill 9, the legislation states that medically appropriate and reasonable life-saving and life-sustaining medical care and treatment must not be denied to any born-alive infant, including cases in which an attempted abortion results in a live birth. If the bill were to become law, any violation by a medical provider could result in felony charges among other penalties.
Primary sponsor Sen. Whitney Westerfield, R-Crofton, told the Senate on Thursday that he introduced SB 9 because it would formalize that any born-alive infant shall be treated as a legal person in state statutes.
The bill cleared the Senate 32-4 on Thursday and the House 76-18 today.
“Without proper, legal protections, newly born infants who survive attempted abortions will be denied appropriate life-saving or life-sustaining medical care and treatment (and) will be left to die,” Rep. Walker Thomas, R-Hopkinsville, said.
Critics of the bill say it is unnecessary, as physicians are already required by law to do what the bill states. Rep. Josie Raymond, D-Louisville, said the bill is an insult to healthcare professionals she represents.
Westerfield told the House Judiciary Committee on Friday that the bill only asks for medically appropriate and reasonable measures, not extraordinary ones.
The bill now heads to Gov. Andy Beshear’s desk where he has 10 days to sign the bill into law, allow it to go into law without his signature, or issue a veto.
If Beshear does not veto SB 9, it would take effect immediately after becoming law rather than 90 days after adjournment of the legislative session due to an emergency clause in the bill.
If Beshear does veto SB 9, it will return to the General Assembly where lawmakers can consider overriding a veto they cast a constitutional majority of votes in each chamber to do so.