Democrat files 3 bills to restore abortion access, shield patient medical records

Introducing bills to restore abortion access in Kentucky, a Democratic lawmaker Wednesday shared her own harrowing pregnancy journey, which included being forced to travel out of state to access abortion in order to end her nonviable pregnancy.

Rep. Lindsey Burke, D-Lexington, recalled her miscarriage after the state’s trigger law banning abortion took effect in June 2022. The current law does not include exceptions for rape, incest, or conditions that make a pregnancy nonviable — a point abortion-rights advocates and OBGYNs have characterized as draconian and not in keeping with evidence-based practices.

Even though she’d miscarried on her own, Burke required a dilation and curettage abortion to remove the fetus.

Because the pregnancy did not immediately threaten her life, Kentucky law forbade an abortion under those circumstances, even though the pregnancy was no longer viable. It forced Burke and her husband to travel to Ohio for the procedure, she said.

This step, while emotional, paved the way for her to try and conceive again, which she did.

“I was grateful, in the midst of my suffering, because I knew what was going to happen. I knew I was in control of what was happening to me even though it all felt very much out of control,” Burke said of being able to consult with a doctor and set the date of her procedure.

“When we talk about access to reproductive health care in Kentucky, this is a more critical issue than people realize,” she said. “This is about women and people who want to be mothers, who desperately want to experience being a parent, who don’t have access to the care they need.”

On Wednesday, Burke announced three bills she filed that seek to restore abortion access statewide and protect those who travel out of state to get abortions. Because of the nature of the bills, however, and the Republican stronghold in the General Assembly, it’s unlikely any of the three will have widespread endorsement.

The first, House Bill 428, would fully repeal Kentucky’s trigger law, which bans abortion in nearly all circumstances, unless it’s needed to save the life of a pregnant person. The current law, in place since July 2022, does not include exceptions for rape, incest, or fetal abnormalities incompatible with life.

The “North Star” bill would return access to unfettered reproductive health care, since the current law “fails to recognize the many reasons (residents) seek reproductive care, including abortion,” Burke said.

Kentucky’s trigger ban is “so heavy-handed, that it has consequences that many have been unintentional, especially for those people who want to be parents, but who have tragically complicated pregnancies,” she added.

Burke filed a similar measure last year, roughly a year after Kentucky’s abortion ban became law. In a legislature controlled by Republicans who overwhelmingly supported passage of measures limiting abortion access, Burke’s 2023 bill — one of five bills related to abortion filed last session — unsurprisingly went nowhere.

As Republicans continue to maintain their supermajority in both chambers in 2024, it’s unlikely this bill will have traction this session, either.

The second bill Burke introduced, House Bill 429, would codify protections for pregnant women who travel out of state to get abortions. Since Kentucky banned the procedure, hundreds of women have traveled to nearby states that offer that type of health care, the Herald-Leader has reported.

The Lexington Democrat cited former Attorney General Daniel Cameron’s pursuit to retain the right to access medical information of Kentuckians who leave the state for reproductive health care services, such as abortion and gender-affirming health care, as her reason for filing the bill.

Cameron, who lost his bid for governor in November, co-signed a letter last June with other Republican attorneys general opposing a new policy from the U.S. Department Health and Human Services that shields patient information from officials in states that have banned or criminalized abortion and gender-affirming health care.

The rule change makes it harder for state officials to obtain that information if it’s for the purpose of investigating a civil or criminal law violation.

Burke’s third bill, House Bill 430, would require the Health Access Nurturing Development Services (HANDS) program to give families information about maternal and postpartum depression. Year after year, Kentucky consistently has one of the highest maternal mortality and morbidity rates in the country. HANDS programs, often staffed by local health departments, include home visits and support services for new and expectant parents.

“To me, it’s a very incremental step to improving the well-being of mothers and children around the commonwealth,” said Burke, who was joined by staff from Planned Parenthood and the American Civil Liberties Union of Kentucky.

“By supporting (abortion) access, we are advocating for safer pregnancies,” said ACLU senior policy strategist Jackie McGranahan.

“Repealing the current abortion ban in Kentucky is not about promoting one choice over the other. It’s about recognizing that pregnancy can be complicated. It’s our duty to ensure individuals have the autonomy to make decisions that are best for their health.”

The only other abortion-related bill filed so far this session is “Hadley’s Law” from Sen. David Yates, D-Louisville. It would allow victims of rape or incest legal access to abortion, as well as women who have nonviable pregnancies like Burke’s.

A similar bill filed in 2023 by Rep. Jason Nemes, the majority whip, did not receive so much as a committee assignment, let alone a vote. While Republican leadership has said Yates’ bill will be assigned to a committee — a requisite step before a bill can receive formal votes — that has yet to happen.

This story may be updated.