Senate committee approves House Bill 90 to clarify medical care for complicated pregnancies

The Senate Standing Committee on Licensing and Occupations voted to report House Bill 90 favorably after adopting a committee substitute that clarifies how Kentucky law treats certain medical care for complicated pregnancies and adds provisions addressing perinatal palliative care.

Supporters told the committee the substitute aligns statutory language to remove ambiguities created by recent changes to abortion law and to protect clinicians providing care in cases such as miscarriage management, ectopic and molar pregnancies, severe infection and hemorrhage, and nonviable pregnancies. Representative Jason Nemes, one of the bill’s sponsors, and medical witnesses said the measure is aimed at ensuring clinicians can provide evidence-based treatment without fear of criminal exposure.

Representative Jason Nemes and multiple advocates, including Mary Catherine Deloder of the Kentucky Birth Coalition and Dr. Jeffrey Goldberg, legislative advocacy chair for the Kentucky section of the American College of Obstetricians and Gynecologists (appearing by Zoom), described the substitute as targeted at unintended statutory consequences that have limited access to standard obstetric care. Dr. Goldberg told the committee that the changes are not about elective abortion but about ‘‘unintended consequences of legislation surrounding elective abortion’’ that have created barriers to treatment for common obstetrical complications.

Some committee members expressed concern about terminology and scope. Senator Berg said medical and legal terminology in the bills has caused confusion and argued the committee should take more time to correct underlying statutes. Senator Chambers Armstrong asked for more time to review the committee substitute and ultimately did not vote in favor, citing concerns and lack of time to study the substitute. Senator Douglas described the bill as “a really, really good start” and urged progress rather than delay.

After discussion, the committee reported House Bill 90 as amended by committee substitute with a favorable recommendation and adopted a title amendment. The committee record shows votes and explanatory remarks during the roll call; the transcript does not list a complete numeric tally in the roll call block but records multiple “aye” votes and at least one “no” from Senator Berg during the discussion phase.

The committee heard that the substitute mirrors language from a prior companion measure (Senate Bill 17) and that the perinatal palliative care provisions are intended to provide financial, spiritual and emotional supports to families facing adverse prenatal diagnoses. Speakers listed procedural cautions that the changes are an initial step and that more statutory clarifications may be needed in future sessions.

The committee forwarded the substitute and a title amendment favorably to the full Senate for consideration.