House Bill 3 is designed to push a safe and effective method of abortion care out of reach, shame and ostracize patients, and make the process of seeking and providing abortion care so difficult that patients will forgo care and providers will close their doors. It would also entirely ban all abortion care after 15 weeks of pregnancy.

House Bill 3 is an extensive 60-page bill with several provisions designed to restrict access to safe and effective medication abortion care. Proponents say these restrictions are to improve safety, yet they fly in the face of healthcare providers' and regulators' recommendations. Abortion care is an extremely safe practice with lower complication rates than simple procedures like wisdom tooth extractions. It was amended to include Senate Bill 321, which would entirely ban all abortion care after 15 weeks of pregnancy.

Harming young survivors of violence:

House Bill 3 is so extreme it would make it more difficult for minors who have survived violence or trafficking to seek care. Young survivors of incest may be placed in situations in which they must obtain permission to seek abortion care from the same family member who impregnanted them. Both chambers of the Kentucky General Assembly rejected amendments to exempt survivors of rape and incest from these restrictions. 

Privacy violations:

HB3 would force all people who seek surgical abortion care and some people who seek medication abortion care or have a natural miscarriage to file a birth-death certificate. This would force their names into the public record, along with the names of their partners (or perpetrators of violence) – a gross violation of patient privacy.

Ban on telehealth:

House Bill 3 would go against current federal regulations by banning telehealth for medication abortions. The federal government expanded access to medication abortions because it is a safe and effective method that can be done from home.

HB3 would also restrict the types of healthcare providers that can provide this care, blocking some providers who are authorized to provide complicated treatments like chemo therapy from prescribing a safe pill.

Banning telehealth and forcing patients to receive care from a limited number of providers would make it even more difficult to receive this care than it was before federal rules changes.

Healthcare provider safety:

House Bill 3 would require a public list of all healthcare professionals who provide any type of abortion care. That type of disclosure would violate healthcare providers' privacy as they are not public officials. It would also expose them to violence and harassment from extreme anti-abortion activists. This provision clearly targets providers by singling out only one type of healthcare provider.

Junk science:

One provision of House Bill 3 would force the government and healthcare providers to peddle false information about "abortion reversal." There is no scientific evidence to suggest an abortion could be reversed.

Forcing healthcare providers to peddle false information violates their free speech and their oath to do no harm. It also puts patient health in danger by encouraging patients to undergo bogus medical procedures based on junk science.

Impossible regulations:

House Bill 3 contains an emergency clause that would put the legislation into effect immediately. This would make it impossible for state agencies, healthcare providers, and patients to comply because HB3 would require programs to be created that do not yet exist. Some provisions would require the Kentucky Board of Pharmacy to double up on existing federal regulation of healtcare providers and prescription manufacturers. The Board does not have the resources or legal authority to comply with several parts of House Bill 3.

It is clear the main goal of this emergency clause is to force providers to choose between breaking the law and closing their doors.

15 week ban:

House Bill 3 was amended to entirely ban all abortion care at 15 weeks of pregnancy. This ban was originally in Senate Bill 321, but House Bill 3 was amended to include it. Banning care at 15 weeks is patently unconstitutional and defies long standing Supreme Court precedent. 

The government should never have the authority to force a person to remain pregnant against their will.


House Bill 3 Movement:

  • Introduced: 2/9/22
  • Passed House Committee: 3/1/22
  • Passed House: 3/2/22 (Vote: 77-20)
  • Accepted by Senate: 3/3/22
  • Passed Senate Committee: 3/23/22
  • Passed Senate: 3/29/22 (Vote: 29–0; all opponents of HB3 abstained from voting and several left the chamber in protest)
  • Final Passage with House approving Senate amendment to include 15-week ban: 3/24/22 (Vote: 74–19) 
  • Sent to Governor: 3/30/22
  • Vetoed by Governor: 4/8/22
  • Veto Override in House: 4/13/22 (Vote: 76-21)
  • Veto Override in Senate 4/13/22 (Vote: 31-6)

House Bill 3 became law immediately after it received final passage in the Senate the evening of April 13, 2022. We filed our lawsuit challenging HB3 at 8:30AM ET, Thursday, April 14, 2022.

Sponsors

Nancy Tate

Status

Active

Session

2022 General Assembly

Bill number

Position

Oppose

Abortion Care Facts

When do people seek abortion care

Kentucky lawmakers peddle false information about abortion care.
  • Roughly 90% of abortion care is provided within the first 12 weeks of pregnancy.
  • Nationally, 54% of abortion care is provided by the patient taking a pill under the supervision of healthcare professionals.
  • Most people do not know they are pregnant until after 6-weeks.
  • People seek abortion care for many reasons, and many people who seek care want to carry a pregnancy to term but cannot due to health complications. No matter the reason, abortion care is essential life-saving care.

Abortion care safety

Abortion care is safe and effective
  • Abortion care has a complication rate of less the 1%, lower than simple procedures like wisdom tooth extractions.

Abortion care in Kentucky

Abortion care remains legal and you can still seek that care.
  • A majority of Kentuckians support the right to access abortion care.
  • Abortion care remains legal in Kentucky and you can still seek abortion care in Kentucky.