SENATE ADVANCES CLARIFYING LANGUAGE IN

HOUSE BILL 90 TO PROTECT WOMEN, DOCTORS

Medical terms around ending the life of an unborn child defined and clarified

FRANKFORT, Ky. (March 12, 2025) – In a significant step toward ensuring clarity in Kentucky’s laws regarding perinatal palliative and medical care for pregnant women, the Senate has advanced a Senate committee substitute (SCS) to House Bill (HB) 90. Sponsored by House Majority Whip Rep. Jason Nemes, R-Louisville, the legislation arrived in the Senate as a late request from the House to address a long-overdue issue in state law. The Senate Licensing and Occupations Committee, chaired by Sen. Julie Raque Adams, R-Louisville, heard and passed HB 90 with the SCS during Wednesday’s meeting.

“This policy reflects the collaboration of legislators, health care experts, and advocates who came together to strengthen Kentucky law," said Nemes. "It ensures women facing life-threatening situations receive timely, appropriate medical care, and gives providers the legal certainty they need to act decisively and compassionately.”

The Senate committee substitute to HB 90 provides much-needed clarifying language and definitions to ensure Kentucky law is clear on what constitutes appropriate medical care when separating a pregnant woman from her unborn child. The measure ensures that medical professionals have clear, legally supported guidance in situations requiring immediate and lifesaving medical intervention.

“This Senate committee substitute gives Kentucky women and medical professionals the clarity and certainty they need when making critical medical decisions," said Adams. "Addressing this difficult and sensitive issue has been a true bicameral effort, which resulted in thoughtful legislation that ensures proper medical care for women and protects life."

Specifically, the legislation clarifies that physicians may, based on their reasonable medical judgment, intervene in cases involving

  • lifesaving miscarriage management,

  • emergency intervention for sepsis and hemorrhage,

  • medical procedures necessary to prevent the death or substantial risk of death of the pregnant woman,

  • removal of an ectopic pregnancy or administration of medication to treat an ectopic pregnancy,

  • treatment of a molar pregnancy,

  • removal of a deceased child from the uterine cavity, and

  • medical procedures performed with the intent to save the life or preserve the health of an unborn child.

This crucial clarification has garnered the support of several life-affirming advocacy groups across the state, including Kentucky Right to Life, the Commonwealth Policy Center, The Family Foundation, and esteemed obstetrician Dr. Jeffery Goldberg.

The committee substitute also provides critical legal definitions regarding what constitutes an abortion and what does not. It defines perinatal palliative care services and further clarifies the meaning of “reasonable medical judgment.”

Importantly, the legislation mandates the offering of perinatal palliative care services to pregnant women and their families in circumstances where

  • a diagnosis indicates the baby may die before or shortly after birth,

  • a diagnosis of fetal anomalies makes long-term survival uncertain, and

  • a newborn is diagnosed with a potentially life-limiting illness.

While critics argue the legislation does not go far enough, many of those same voices often advocate for abortion on demand and seek to profit from and politicize these sensitive issues. HB 90, as amended, reflects a measured and responsible approach to ensuring the well-being of Kentucky women and families.

For more information on HB 90 and the 2025 Kentucky General Assembly, please visit www.kylegislature.gov.

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