By TOM LATEK, Kentucky Today
FRANKFORT, Ky. (KT) – The so-called “Born Alive” bill, which would require medical professions to provide care to a child who was born alive after an attempted abortion, passed the Kentucky Senate by a 32-0 vote on Thursday afternoon.
Earlier this week the U.S. Senate failed to pass a similar measure put before them.
Sen. Whitney Westerfield, R-Crofton, the bill’s sponsor in the state Senate, provided information to the Senate Veterans, Military Affairs and Public Protection Committee earlier Thursday. He said Kentucky is one of 24 states that does not require or provide penalties for not providing care of a child born alive from a failed abortion.
It doesn’t get any simpler than this measure, Westerfield said. “People debate whether life begins at conception, as I believe it does, but surely there can be no debate that life exists at birth, and we should darn well do what we can to protect those children,” he said.
The bill would make it a Class D felony, punishable by one to five years in prison to any healthcare professional who fails to provide care. It also provides a basis for a civil action, seeking compensatory and punitive damages, as well as potential disciplinary action against the health care professional by their licensing board.
Westerfield said not only doctors could be charged but so could others under the proposal. “Everyone in the room is charged with providing care, and if they fail to provide care to one of the patients in the room, that’s a problem.”
Sen. Wil Schroeder, R-Wilder, told Westerfield, “It’s sad that we even have to legislate this, but I appreciate you bringing this forward.”
After his testimony, Westerfield was asked by a reporter if it is similar to the legislation that failed in the U.S. Senate earlier this week. “It’s generally the same,” he said. “It’s unfortunate that they couldn’t muster 60 votes to pass that, but sometimes we have to act when the feds won’t do it, so here we are.”
The bill now moves to the House for consideration.
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The legislation is Senate Bill 227.
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