The Kentucky Senate Veterans, Military Affairs and Public Protection Committee on Thursday voted 10-1 to approve a targeted regulation of abortion providers (TRAP) bill (SB 212) that would impose additional regulations on abortion providers and clinics, the Louisville Courier-Journal reports. The bill now heads to the full state Senate.
Background
According to the Courier-Journal, the bill marks the fourth antiabortion-rights measure approved by the committee during the current legislative session.
One of the other measures is a mandatory counseling bill (SB 4), which has been signed into law. The state House is considering the two remaining bills: a mandatory ultrasound measure (SB 152) and a measure (SB 7) that targets funding for health care providers who offer abortion care (Yetter, Louisville Courier-Journal, 3/3).
Bill details
Under SB 212, abortion clinics would have to meet the same building standards as ambulatory surgical centers. In addition, clinics would be required to receive a certificate of need from state regulators. According to the AP/Sacramento Bee, the bill, if enacted, would affect clinics licensed after July 1 (AP/Sacramento Bee, 3/3).
The measure also requires abortion providers to have admitting privileges at a nearby hospital.
Comments
Testifying against the measure, Derek Selznick of the American Civil Liberties Union of Kentucky said, "Abortion is a constitutionally protected, medical, lawful procedure." He added, "SB 212 is another attempt to shut down access to safe and legal abortions in the commonwealth ... The American Medical Association and the American Congress of Obstetricians and Gynecologists say there is simply no medical basis for the provisions of bills like SB 212."
Noting that the Supreme Court is reviewing similar restrictions in Texas' HB 2, state Sen. Perry Clark (D), who voted against the bill, said, "I believe this legislation is probably unconstitutional." He added, "If the General Assembly passes this, I predict costly litigation."
Implications
A spokesperson with EMW, the only independent abortion provider in the state, said the proposed regulations would not shut down EMW's Louisville clinic, which already meets the ambulatory surgical center requirements. It is unclear how it would affect the Lexington clinic.
Separately, PPINK in a statement criticized the measure, noting, "The requirements in SB 212 have nothing to do with patient safety and more to do with eliminating abortion facilities in the commonwealth ... If anything, the [proposed] law is a detriment to women's health, as unnecessary and burdensome barriers impede access to early abortions." According to the Courier-Journal, PPINK is seeking licensure for a new clinic in Louisville (Louisville Courier-Journal, 3/3).
