Title 901 KAR — Cabinet for Health and Family Services - Office of Administrative Services

Chapter 5 Vital Statistics

901 KAR 5:010 State registrar {#sec-901-kar-5-010 omnilex-key=us-ky-regs-official--title-901--901 KAR 5:010}

Section 1. State Registrar of Vital Statistics.

(1) The Secretary for Health Services shall designate a State Registrar of Vital Statistics in accordance with KRS 213.026.

(2) The state registrar shall sign each certified copy of birth, death, marriage, divorce, or other vital record issued by the Cabinet for Health Services.

(3) The state registrar shall be the Director of the Vital Statistics program of the cabinet. A copy of the appointment and signature of the state registrar shall be on file with the office of the Secretary of State.

History

• RELATES TO: KRS 213.026, 213.031
• STATUTORY AUTHORITY: KRS 213.021
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 213.026 requires the Secretary for Health Services to designate a state registrar of vital statistics to be known as "state registrar", to perform duties established in KRS 213.031. This administrative regulation establishes the responsibility of the state registrar to sign certified copies of vital records issued in the Commonwealth.
• History: 901 KAR 005:010. 1 Ky.R. 635; eff. 4-9-1975; 27 Ky.R. 3166; 28 Ky.R. 90; eff. 7-16-2001; Crt eff. 4-5-2019; Crt eff. 10-13-2025.

901 KAR 5:020 Delayed birth registration {#sec-901-kar-5-020 omnilex-key=us-ky-regs-official--title-901--901 KAR 5:020}

Section 1. Definitions. "Delayed birth registration" means the registration of a nonrecorded birth after the time prescribed by KRS 213.046.

Section 2. Delayed Birth Registration.

(1) A delayed birth certificate prepared by an institution or bearing the bona fide signature of the physician or midwife shall be accepted by the State Registrar of Vital Statistics for registration if filed before the child is seven (7) years old.

(2) If a birth did not occur in an institution, the physician or midwife is deceased or otherwise not available, or if there was no professional attendant at the birth, the birth certificate shall be accepted for registration if it meets the following criteria. It is:

(a) Completed by a parent or nearest living relative;

(b) Supported by the affidavit of the parent or nearest living relative; and

(c) Supported by a document that:

1. Was established more than one (1) year prior to the date of the application; and

2. Reflects the date of birth, place of birth, and name of the parents.

(3) Any birth certificate presented for registration more than seven (7) years after birth occurred shall be prepared on form VS-B-5, "Established Certificate of Birth and Affidavits".

(4) Information contained on the VS-B-5 shall be supported by the following material:

(a) The affidavit of a parent or nearest living relative of legal age no less than ten (10) years older than the applicant;

(b) The affidavit of a nonrelative of legal age no less than ten (10) years older than the applicant, showing the applicant's date of birth, place of birth, and names of parents;

(c) One (1) document which was established no less than ten (10) years prior to the date of application showing the date of birth, place of birth and names of parents. If the individual whose birth is to be recorded is between the ages of seven (7) and seventeen (17), the document used shall be established no less than three (3) years prior to the date of application.

(5) If the affidavits required in paragraphs (a) and (b) of subsection (4) are not obtainable an acceptable document that meets the requirements of subsection (4)(c) of this section shall be substituted for each affidavit.

(6) Acceptable documents for paragraph (c) of this subsection may include:

(a) Insurance policies;

(b) Census, hospital, school or church records;

(c) Marriage application forms;

(d) Military records;

(e) Birth certificate of a child;

(f) Employment records;

(g) Physician's office records;

(h) Local health department records;

(i) Passports; or

(j) Voter's registration records.

Section 3. Incorporation by Reference.

(1) "VS-B-5, Established Certificate of Birth and Affidavits", edition 1/07, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Vital Statistics, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

History

• RELATES TO: KRS 213.046, 213.056
• STATUTORY AUTHORITY: KRS 194A.050, 213.021, 213.056
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 213.046 relating to Vital Statistics requires the Cabinet for Health and Family Services to register all births that occur in Kentucky. KRS 194A.050(1) requires the secretary to promulgate all administrative regulations authorized by applicable state laws necessary to operate programs and fulfill the responsibilities vested in the cabinet. This administrative regulation establishes a uniform procedure for registering births which were not reported at the time of birth.
• History: 901 KAR 005:020. VS-1-1; 1 Ky.R. 636; eff. 4-9-1975; 20 Ky.R. 1396; 1828; eff. 1-10-1994; 33 Ky.R. 1434; 1820; eff. 2-2-2007; Crt eff. 4-5-2019; Crt eff. 10-13-2025.

901 KAR 5:025 Kentucky Electronic Death Registration System {#sec-901-kar-5-025 omnilex-key=us-ky-regs-official--title-901--901 KAR 5:025}

Section 1. Definitions.

(1) "Funeral director" is defined by KRS 316.010(8).

(2) "Kentucky Electronic Death Registration System" or "KY-EDRS" means the system established by the state registrar for accepting certificates of death through electronic means.

(3) "Medical certifier" means an individual authorized under KRS 213.076(5) to certify the cause of death.

Section 2. Registration.

(1) A medical certifier or funeral director who is required pursuant to KRS 213.076 to supply information concerning a death to the state registrar shall provide the information using the KY-EDRS.

(2) A medical certifier or funeral director shall register and obtain access to the KY-EDRS by telephoning the Kentucky Office of Vital Statistics and supplying the following information:

(a) Name;

(b) Address;

(c) Telephone number;

(d) Facsimile number; and

(e) Electronic mail address.

(3) A registered user shall notify the Office of Vital Statistics of a change to any of the information provided in subsection (2) of this section within fifteen (15) calendar days of the change.

History

• RELATES TO: KRS 213.076
• STATUTORY AUTHORITY: KRS 194A.050, 213.021, 213.076
• NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 213 authorizes the Cabinet for Health and Family Services to regulate the registration of deaths in Kentucky. Pursuant to KRS 213.076(1), effective January 1, 2015, all certificates of death shall be filed with the cabinet using the Kentucky Electronic Death Registration System. KRS 213.021 requires the cabinet to promulgate administrative regulations to implement KRS Chapter 213. This administrative regulation establishes a uniform procedure for the filing of all certificates of death through the Kentucky Electronic Death Registration System.
• History: 41 Ky.R. 1260; 1566; eff. 2-5-2015; Crt eff. 3-31-2021.

901 KAR 5:040 Verification of birth and death facts {#sec-901-kar-5-040 omnilex-key=us-ky-regs-official--title-901--901 KAR 5:040}

Section 1. Verification of Certain Facts Appearing on Birth and Death Certificates. The Director of Vital Statistics of the Cabinet for Human Resources may issue a card or statement verifying certain items or facts appearing on birth and death certificates to governmental agencies without charge where certified copies are not required.

Section 2. Local registrars of vital statistics may issue verifications of births without charge where certified copies are not required.

History

• RELATES TO: KRS Chapter 213
• STATUTORY AUTHORITY: KRS 194.050, 211.090
• NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 213 relating to Vital Statistics authorizes the Cabinet for Human Resources to regulate the registration of births and deaths in Kentucky. This administrative regulation authorizes the verification of certain items or facts appearing on birth and death certificates without charge where certified copies are not required.
• History: 901 KAR 005:040. VS-4; 1 Ky.R. 636; eff. 4-9-1975; 4 Ky.R. 334; eff. 5-3-1978; 16 Ky.R. 931; eff. 1-12-1990; Crt eff. 4-5-2019; Crt eff. 10-13-2025.

901 KAR 5:050 Fees for searches, certified copies of certificates and records {#sec-901-kar-5-050 omnilex-key=us-ky-regs-official--title-901--901 KAR 5:050}

Section 1. Fees for Searches and for Certified Copies of Certificates and Records. The following fees shall be charged for searches for and copies of records registered with the State Registrar of Vital Statistics, Cabinet for Health Services:

History

• RELATES TO: KRS 213.141
• STATUTORY AUTHORITY: KRS 213.141, 2000 Ky. Acts ch. 549, part I.A.41 (fee authority)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 213.141 directs the Cabinet for Health Services to prescribe fees, by administrative regulation for searches or for copies of the record of a birth, death, marriage or divorce.
• History: 901 KAR 005:050. VS-7; 1 Ky.R. 636; eff. 4-9-1975; 4 Ky.R. 460; eff. 7-5-1978; 11 Ky.R. 78; eff. 8-7-1984; 17 Ky.R. 121; eff. 9-13-1990; 19 Ky.R. 298; eff. 8-28-1992; 27 Ky.R. 1612; 2160; eff. 2-1-2001; Crt eff. 4-5-2019; Crt eff. 10-13-2025.

901 KAR 5:070 Certificate of birth amended {#sec-901-kar-5-070 omnilex-key=us-ky-regs-official--title-901--901 KAR 5:070}

Section 1. Paternity Affidavits. Paternity affidavits executed in accordance with KRS 213.046, 213.049, 213.071 or 213.121 may be on one (1) of the following forms:

(1) If no father is designated on the birth certificate, the form VS-8 shall be used to declare paternity at any time after the birth certificate has been registered and filed.

(2) If the mother is unmarried at the time of the birth, the form VS-8B shall be completed at the request of both natural parents at the time of birth. This form shall accompany the birth certificate at the time of registration and filing.

(3) If the mother is married the form VS-8C shall be used to delete a legally named father from the birth certificate and affirm and acknowledge the natural father.

(4) Paternity forms VS-8, "Declaration of Paternity" (2/91); VS-8B, "Paternity Affidavit" (7/92); and VS-8C, "Three (3)-way Paternity Affidavit" (7/90); are incorporated by reference and may be viewed or obtained at the Office of Vital Statistics, 275 E. Main Street, Frankfort, KY 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

Section 2. Amendment or Issuance of New Certificate. When paternity has been established for a child born in Kentucky to a mother who is not married, the State Registrar of Vital Statistics shall amend the original certificate of birth or prepare a new certificate of birth.

Section 3. Amendment of Obvious Errors on Birth Certificate. Amendment of obvious errors, transposition of letters of common knowledge or omissions on the birth certificate, shall be made by the State Registrar within one (1) year after the date of birth either upon observation, query, or request of parents, legal guardian or individual responsible for filing the birth certificate.

Section 4. Amendment of Name. A change of name ordered by a court of competent jurisdiction shall be required to change the name as shown on the birth certificate, unless the registrant, parents, legal guardian, or individual responsible for filing the birth certificate presents documentation that the name was incorrectly recorded at the time of registration of the birth and meets the requirements in Section 8 of this administrative regulation.

Section 5. Amendment of Date of Birth. The date of birth shall only be changed with a court order from a court of competent jurisdiction, unless proof is shown that the error occurred upon the original filing of the birth certificate by the individual responsible for filing the birth certificate.

Section 6. All Other Amendments. All other amendments to the birth certificate shall be supported by an affidavit or:

(1) If the registrant is eighteen (18) years of age or older, a document established five (5) years prior to the date of the amendment and which supports the alleged facts;

(2) If the registrant is between the ages of seven (7) and seventeen (17), a document established three (3) years prior to the date of the amendment and which supports the alleged facts; or

(3) If the registrant is between the ages of three (3) and six (6), a document established one (1) year prior to the date of the amendment and which supports the alleged facts.

Section 7. Amendment of the Same Item More Than Once. Once an amendment of an item is recorded on the birth certificate, that item shall not be amended again except upon receipt of a court order from a court of competent jurisdiction.

Section 8. Who May Apply to Amend a Certificate of Birth. To amend a certificate of birth, the application shall be made by the:

(1) Parent or legal guardian, if the registrant is under age eighteen (18);

(2) Registrant, if the registrant is eighteen (18) years of age or over; or

(3) Individual responsible for filing the birth certificate.

History

• RELATES TO: KRS Chapter 213
• STATUTORY AUTHORITY: KRS 194.050, 211.090, 213.121
• NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 213 relating to Vital Statistics authorizes the Cabinet for Human Resources to regulate the registration of births in Kentucky. The purpose of this administrative regulation is to provide for uniform procedures for changing birth certificates of children born to mothers who are not married where a paternity affidavit is executed or where paternity is established by law or when a request is received to amend or correct an item on the birth certificate and who may apply for the change or amendment.
• History: 901 KAR 005:070. VS-8; 1 Ky.R. 637; eff. 4-9-1975; Am. 16 Ky.R. 932; eff. 1-12-1990; 17 Ky.R. 122; eff. 9-13-1990; 20 Ky.R. 1397; 1828; eff. 1-10-1994; Crt eff. 4-5-2019; Crt eff. 10-13-2025.

901 KAR 5:080 Delayed registration of deaths {#sec-901-kar-5-080 omnilex-key=us-ky-regs-official--title-901--901 KAR 5:080}

Section 1. Delayed Registration of Deaths. The registration of a death after the time prescribed by KRS 213.091 shall be registered on the standard certificate of death form in the manner prescribed below:

(1) If the attending physician or coroner at the time of death and the attending funeral director or person who acted as such are available to complete the certificate of death, it shall be completed, filed with the State Registrar of Vital Statistics and shall be accompanied by one (1) item of documentary evidence as specified in subsection (3) of this section.

(2) In the absence of the attending physician or coroner and the funeral director or person who acted as such, the certificate may be filed by the next of kin of the deceased and shall be accompanied by:

(a) An affidavit of the person filing the certificate swearing to the accuracy of the information on the certificate; and

(b) Two (2) documents which identify the deceased and the date and place of death.

(3) In all cases, the State Registrar of Vital Statistics may require additional documentary evidence to prove the facts of death such as the obituary from a newspaper, records from a funeral home showing services rendered decedent, or a medical record.

History

• RELATES TO: KRS Chapter 213
• STATUTORY AUTHORITY: KRS 194.050, 211.090, 213.091
• NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 213 relating to Vital Statistics authorizes the Cabinet for Human Resources to register a delayed certificate of death. The purpose of this administrative regulation is to provide a uniform procedure for registering deaths which were not reported at the time of death in accordance with KRS 213.091.
• History: 901 KAR 005:080. 1 Ky.R. 637; eff. 4-9-1975; 16 Ky.R. 932; eff. 1-12-1990; 20 Ky.R. 655; 970; eff. 10-21-1993; Crt eff. 4-5-2019; Crt eff. 10-13-2025.

901 KAR 5:090 Burial and disinterment of dead bodies {#sec-901-kar-5-090 omnilex-key=us-ky-regs-official--title-901--901 KAR 5:090}

Section 1. Interment.

(1) Where the disposition of the body is by burial and the outer container for the body is made of concrete, metal, fiber glass, or other impervious material and it is hermetically sealed, all parts of such container shall be buried to a depth of at least two (2) feet below the level of the natural surface of the ground. All other burials shall be at least three (3) feet below the level of the natural surface of the ground measured from all parts of the outer container.

(2) Where impenetrable rock is encountered the local health department may, upon proper application, grant a variance to the depth of burial requirements of this administrative regulation.

(3) The depth of burial requirements of this administrative regulation do not apply where interment is in a mausoleum.

Section 2. Disinterment.

(1) When one (1) or more bodies are to be disinterred for reburial in the same cemetery, a disinterment-reinterment permit shall be procured upon proper application from the local registrar.

(2) When one (1) or more bodies are to be disinterred for reburial in a different cemetery or for other disposal, an application for a disinterment-reinterment permit shall be made to the State Registrar of Vital Statistics. The application shall contain the following information:

(a) Name of deceased, if known;

(b) Date of death;

(c) Original grave site;

(d) Proposed grave site;

(e) Approximate date of removal;

(f) Name of the person or firm who will remove the body or bodies;

(g) A statement by the applicant that he has obtained written permission from all members of the same class of the next-of-kin or an order from a court of competent jurisdiction for the removal of the remains; and

(h) A statement by the applicant that he is familiar with and will abide by all applicable laws and administrative regulations relating to the establishment and abandonment of cemeteries and the custody, handling, and disposal of human remains.

Section 3. Reburial.

(1) All disinterred human remains intended for reburial, and all other contents of the grave, shall be enclosed in a container constructed of strong material and of sufficient size to hold the remains without altering their shape or size. If the human remains are not thoroughly decomposed, the container shall be sealed to prevent the escape of liquids or gas.

(2) The depth of burial requirements of Section 1 of this administrative regulation shall apply to all reburials except that human remains which are thoroughly decomposed need be reburied only to such a depth so that no part of the container is less than two (2) feet below the natural surface of the ground.

History

• RELATES TO: KRS Chapter 213
• STATUTORY AUTHORITY: KRS 194.050, 211.090, 213.076
• NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 213, relating to vital statistics, authorizes the Cabinet for Human Resources to regulate the disposal, and disinterment of dead bodies. The purpose of this administrative regulation is to establish uniform requirements for the interment, disinterment and reburial of dead bodies in Kentucky.
• History: 901 KAR 005:090. VS 2-1; 1 Ky.R. 1270; eff. 7-2-1975; 16 Ky.R. 933; eff. 1-12-1990; 20 Ky.R. 656; 970; eff. 10-21-1993; Crt eff. 4-5-2019; Crt eff. 10-13-2025.

901 KAR 5:100 Cadavers {#sec-901-kar-5-100 omnilex-key=us-ky-regs-official--title-901--901 KAR 5:100}

Section 1. Approval Required for Importation of Dead Body Into State for Educational or Scientific Purposes; Exceptions.

(1) Except as otherwise authorized by subsection (6) of this section, no person shall transport into this state, a dead body or part thereof, for educational or scientific purposes without first obtaining the prior approval of the Cabinet for Human Resources.

(2) An applicant desiring to transport a dead body or part thereof into this state for educational or scientific purposes shall file a notarized application with the cabinet setting forth the proposed use, need, qualifications of personnel and adequacy of equipment and facilities.

(3) Upon receipt of the notarized application the cabinet shall cause an investigation to be made to determine the proposed use, need, qualifications of personnel and the adequacy of equipment and facilities.

(4) The Secretary for Human Resources shall, on the basis of his investigation, either grant or deny the application. In the event the application is approved, the secretary shall in accordance with KRS 311.310 require the applicant to post a bond in the sum of $1,000 conditioned upon compliance with the terms of this administrative regulation and the lawful use and disposition of any dead bodies or parts thereof that may be received by the applicant.

(5) After the use of the dead bodies or parts thereof has been completed as approved by the cabinet, such bodies or parts thereof shall be disposed of as set forth in the approved application, or as otherwise authorized by law. A special transit permit shall be obtained for the transportation of such dead bodies or parts thereof from the Cabinet for Human Resources.

(6) This administrative regulation shall not restrict the importation and use of dead bodies for educational or scientific purposes by any state publicly funded, accredited medical school located in Kentucky, nor the importation and use of any dead body or part thereof, the donation of which was made pursuant to the Kentucky Uniform Anatomical Gift Act, KRS 311.165 to 311.247, or as may be otherwise authorized by law.

Section 2. Facility Requirements. An applicant for approval to import a dead body into this state for educational or scientific purposes shall meet the following facility requirements:

(1) Comply with applicable state and local fire safety, housing and plumbing codes as evidenced by written approvals from appropriate governmental agencies;

(2) Maintain all facilities in a sanitary condition;

(3) Maintain strict rules of privacy and allow no one in the area in which a dead human body is being dissected or stored except for faculty and duly registered students of the facility or authorized personnel;

(4) Store all cadavers by use of one (1) of the following methods:

(a) In covered vats or tanks submersed in a preservative acceptable to the cabinet;

(b) Wrapped in gauze or similar material, after embalming, soaked with formalin or other acceptable preservative, and stored in a morgue type refrigeration unit or equivalent with a temperature range of thirty-eight (38) to forty (40) degrees Fahrenheit.

(c) Enclosed in sealed plastic bags, after embalming; or

(d) By other means which would be acceptable to the cabinet.

(5) Provide outside ventilation, including continuous air changes and mechanical power to provide sufficient air movement to rooms housing cadaver storage vents, tanks or refrigeration units;

(6) Provide security to all storage areas at all times;

(7) Provide a dissection area that shall contain:

(a) A minimum of 100 square feet of floor area with a minimum room area of 180 square feet, exclusive of cadaver storage space;

(b) Flooring constructed of terrazzo, tile, concrete or other waterproof or impervious material from wall to wall;

(c) Dissection table with stainless steel top with rolled edge and drainage;

(d) Ventilation to outside of building with mechanical power sufficient to provide adequate air movement;

(e) Lighting at the table level of not less than 1,000 foot candles;

(f) Adequate electrical outlets including outlets in proximity to dissection table;

(g) Slop sink with running water and adequate drainage;

(h) Storage area for supplies and equipment;

(i) Work counter with sink equipped for hand washing; and

(j) Sanitary waste receptacle.

History

• RELATES TO: KRS Chapter 213
• STATUTORY AUTHORITY: KRS 194.050, 211.090, 311.310, 311.165-311.247
• NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 213, relating to Vital Statistics, authorizes the Cabinet for Human Resources to regulate the transportation, disposal and interment of dead bodies and the use of dead bodies or parts thereof for educational and scientific purposes. The purpose of this administrative regulation is to regulate, except as otherwise provided by law, the transportation, use, disposal and interment of dead bodies brought into this state from another state for educational or scientific purposes.
• History: 901 KAR 005:100. 6 Ky.R. 104; eff. 9-5-1979; 16 Ky.R. 935; eff. 1-12-1990; Crt eff. 4-5-2019; Crt eff. 10-13-2025.

901 KAR 5:120 Abortion reporting {#sec-901-kar-5-120 omnilex-key=us-ky-regs-official--title-901--901 KAR 5:120}

Section 1. Definitions.

(1) "Abortion" is defined by KRS 311.720(1).

(2) "Probable post-fertilization age" is defined by KRS 311.781(6).

(3) "Reasonable medical judgment" is defined by KRS 311.781(7).

(4) "Serious risk of the substantial and irreversible impairment of a major bodily function" is defined by KRS 311.781(8).

Section 2. Reporting.

(1) A person or institution shall comply with the reporting requirements of KRS 213.101(1) and (2).

(2) The report shall be filed irrelevant of the gestational age or probable post-fertilization age of the fetus at the time of the abortion.

(3) The report shall be made within three (3) days after the end of the month in which the abortion was performed through the cabinet's electronic database or on VS-913, Report of Abortion.

(4) The report shall:

(a) Contain the information required to be certified in writing including the following:

1. The probable post-fertilization age of the unborn child;

2. Whether the abortion was necessary to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman;

3. The available methods or techniques considered and the reasons for choosing the method or technique employed;

4. Whether the physician determined in his or her reasonable medical judgment that termination of the pregnancy in the manner selected provides the best opportunity for the unborn child to survive;

5. If the physician did not choose the method of abortion that provides the best chance of survival for the unborn child, whether the pregnancy termination in that manner would have posed a greater risk of death of the pregnant woman or a greater risk of substantial and irreversible impairment of a major bodily function of the pregnant woman than other available methods of abortion; and

6. Any complications known to the provider as a result of the abortion, as established in KRS 311.774(3); and

(b) Not contain information that identifies the woman or man involved.

(5) Pursuant to KRS 213.106, a report shall be used in accordance with the provisions of KRS 213.101.

Section 3. Prescription Reporting.

(1) In accordance with KRS 213.101(5) and 213.172(1), each prescription for an abortion-inducing drug for which the primary indication is the induction of abortion shall be reported by the physician prescribing or dispensing the medicationwithin three (3) days after the end of the month in which the prescription was issued.

(2) In accordance with KRS 213.172(1), a pharmacy shall report each drug or combination of drugs for which the primary indication is the induction of an abortion within three (3) days after the end of the month in which the prescription was dispensed.

(3) The report shall be made through the cabinet's electronic database or on VS-913P, Abortion Prescription Reporting Form.

(4) The report shall:

(a) Contain the drug or combination or drugs prescribed or dispensed;

(b) The information required by 2022 Ky. Acts ch. 210; and

(c) Not contain information that identifies the woman or man involved.

Section 4. Penalties.

(1) Failure to comply with the provisions of KRS 213.101(1) through (4) shall subject the reporting person or institution to the penalties provided in KRS 213.101(8) and (9).

(2) Failure to comply with the provisions of KRS 213.172(1) and (2) shall subject the reporting pharmacist or pharmacy to the penalties provided in KRS 213.172(5) and (6).

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Form VS-913P, "Abortion Prescription Reporting Form", 10/2022; and

(b) Form VS-913, "Report of Abortion", 12/2022.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Public Health, first floor, Health Services Building, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

(3) This material may be obtained, subject to applicable copyright law, at https://chfs.ky.gov/agencies/dph/dehp/vsb/Pages/abreqadr.aspx.

History

• RELATES TO: KRS 213.101, 213.106, 213.172, 311.595, 311.720, 311.774, 311.781, 311.782, 311.783
• STATUTORY AUTHORITY: KRS 194A.050(1), 213.021, 213.101(1), (10), 213.172(1), (7)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to protect, develop, and maintain the health, personal dignity, integrity, and sufficiency of Kentucky citizens and to operate programs and fulfill the responsibilities vested in the cabinet. KRS 213.101(1) requires each abortion that occurs in the commonwealth to be reported to the Office of Vital Statistics. KRS 213.101(10) requires the Office of Vital Statistics to promulgate administrative regulations to assist in compliance with that statute. KRS 213.172(1) requires that each prescription dispensed for which the primary indication is the induction of abortion be reported to the Vital Statistics Branch within three (3) days after the end of the month in which the prescription was dispensed. This administrative regulation establishes the reporting criteria for abortions.
• History: 43 Ky.R. 2243; 44 Ky.R. 223; eff. 8-16-2017; TAm eff. 1-25-2019; 47 Ky.R. 418, 1393; eff. 2-4-2021; 49 Ky.R. 442, 1305, 1429; eff. 1-12-2023.

901 KAR 5:130 Certificate of abortion {#sec-901-kar-5-130 omnilex-key=us-ky-regs-official--title-901--901 KAR 5:130}

Section 1. Definitions.

(1) "Abortion" is defined by KRS 213.011(1).

(2) "Fetal death" is defined by KRS 213.011(4).

Section 2. Certificate of abortion.

(1) In accordance with KRS 213.096(4), a patient may request a certificate of abortion whenthe abortion is not reported as a stillbirth or fetal death.

(2) The Abortion Certificate Worksheet, VS-920A, shall be:

(a) Signed by the person in charge of the institution or that person's designated representative; and

(b) Filed with the state registrar within five (5) working days of the date of abortion.

(3) The VS-920A shall not substitute for the Report of Abortion, VS-913, incorporated by reference in 901 KAR 5:120.

(4) A registered Certificate of Abortion, VS-920B, shall only be released to:

(a) The individual named as mother on the certificate; or

(b) The legal guardian of the individual named as mother on the certificate.

(5) A non-refundable fee of fifteen (15) dollars shall be paid for the search and certification of abortion certificate records.

(6) All personally identifiable information recorded on the VS-920A shall be redacted prior to release in response to an open records request.

Section 3. Incorporation by Reference.

(1) "Abortion Certificate Worksheet", VS-920A, 6/2022, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Public Health, first floor, Health Services Building, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

(3) This material may be obtained, subject to applicable copyright law, at https://chfs.ky.gov/agencies/dph/dehp/vsb/Pages/abreqadr.aspx.

History

• RELATES TO: KRS 213.011, 213.096
• STATUTORY AUTHORITY: KRS 194A.050(1), 213.096(4)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate the programs and fulfill the responsibilities vested in the cabinet. KRS 213.096(4) requires a person in charge of an institution or that person's designated representative to complete a certificate of an abortion if requested by the patient. This administrative regulation establishes the process for requesting a certificate of an abortion and incorporates by reference the certificate worksheet form.
• History: 49 Ky.R. 500, 1307; eff. 1-12-2023.

901 KAR 5:140 Permit to transport fetal remains {#sec-901-kar-5-140 omnilex-key=us-ky-regs-official--title-901--901 KAR 5:140}

Section 1. Definition. (1) "Fetal remains" is defined by KRS 213.098(1).

Section 2. Transport of Fetal Remains.

(1)

(a) A healthcare facility or abortion clinic shall notify the parent or parents of their right to determine the final disposition of the fetal remains resulting from an abortion or a miscarriage in accordance with KRS 213.098(2).

(b) The healthcare facility or abortion clinic shall document the parent's or parents' choice in the medical record.

(2) If the parent or parents elect to retain guardianship of the fetal remains, the parent or parents shall be provided a Permit to Transport Fetal Remains, VS-922.

(3) The parent or parents who take responsibility for fetal remains may contact the coroner of their county of residence to assist with the final disposition or may transport the fetal remains to a funeral home of their choice.

(4) The coroner who assists with the disposition of fetal remains shall complete the Permit to Transport Fetal Remains and submit a copy directly to the Office of Vital Statistics.

(5) A funeral home that receives fetal remains directly from the parent or parents shall request a copy of the Permit to Transport Fetal Remains and submit a copy directly to the Office of Vital Statistics.

(6) A healthcare facility or abortion clinic responsible for the final disposition of fetal remains shall follow their established protocols for disposition of human remains.

(7) Failure to obtain a permit to transport fetal remains may result in a penalty under KRS 213.991(3)(b).

(8) The VS-922 shall not substitute for the Report of Abortion, VS-913, incorporated by reference in 901 KAR 5:120.

(9) All personally identifiable information recorded on the VS-922 shall be redacted prior to release in response to an open records request.

Section 3. Incorporation by Reference.

(1) "Permit to Transport Fetal Remains", VS-922, 10/2022, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Public Health, first floor, Health Services Building, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

(3) This material may be obtained, subject to applicable copyright law, at https://chfs.ky.gov/agencies/dph/dehp/vsb/Pages/abreqadr.aspx.

History

• RELATES TO: KRS 213.098, 213.991, 311.732
• STATUTORY AUTHORITY: KRS 194A.050(1), 213.098(3)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate the programs and fulfill the responsibilities vested in the cabinet. KRS 213.098(3) requires the cabinet to design the form to document the age of the parent or parents of the fetal remains, the status of the fetal remains resulting from an abortion for the purpose of cremation that meet the requirements for a birth-death, provisional death, or death certificate for transport or cremation, the designation of how the fetal remains shall be disposed and who shall be responsible for final disposition, any additional information required by the cabinet, and to incorporate the form in an administrative regulation. This administrative regulation establishes the process to request a permit to transport fetal remains and incorporates by reference the permit request form.
• History: 49 Ky.R. 1308; eff. 1-12-2023.