Kentucky has one of the most restrictive abortion bans in the nation, permitting it only when a pregnant person is in immediate danger of death or permanent and irreversible damage to a life-sustaining organ. The strict language and lack of clarity has led to increased health risks for pregnant Kentuckians, as doctors may hesitate to provide necessary care for fear of breaking the law, or may choose not to practice or apply for residency in states with bans.
HB 90 didn’t originally concern abortion access - it was introduced as a bill which established licensing standards for freestanding birthing centers. But a committee substitute introduced hours before the bill’s final vote added ten pages of language outlining specific situations in which doctors can perform abortions.
Senator Julie Raque Adams says OBGYNs throughout the state expressed a need for clarity, and she believes the addition to HB 90 provides it.
“It deals with the current issues of miscarriage management, ectopic pregnancies, molar pregnancies, sepsis, and hemorrhage," said Raque Adams. "And many of these conditions require emergency interventions to prevent maternal death or permanent organ damage."
The bill doesn’t call the allowed procedures “abortions;" the word is replaced with phrases like “treatment or procedure” and “action.” Opponents argue this language obscures the reality of medically necessary abortions and could further delay doctors’ ability to provide urgent care in life-threatening situations.
Planned Parenthood Alliance Advocates (PPAA) of Kentucky has published a letter to Governor Andy Beshear urging him to veto the bill. They argue that, rather than solidifying exceptions, it creates more confusion.
Tamarra Wieder, Kentucky State Director for PPAA, provided the following statement on the letter:
“We are calling on Governor Beshear to veto House Bill 90 because this bill will put Kentuckians’ lives in danger by forcing pregnant patients to suffer through medical crises before they can receive care. Let's be clear: HB 90 is not about improving the state’s restrictive abortion ban, it's about solidifying the dangerous lie that abortion is never necessary to save a pregnant person’s life. It mandates dangerous delays in care, forces doctors to perform more risky procedures, and ties providers' hands when their patients need them most.
These policies are part of a broader playbook: codify subtle wording changes to undermine reproductive health care, so that states appear to offer ‘exceptions’ while actually outlawing standard, lifesaving procedures. Every Kentuckian deserves dignified, evidence-based health care — not reckless political games that risk lives. Governor Beshear must veto HB 90 to prevent even more suffering and death in our state.”
Governor Beshear has not yet stated whether he will sign or veto the bill.