Kentucky Revised Statutes

Ky. Rev. Stat. § 216B.0435 (2026)

Requirement of written agreements between abortion facility and acute-

✓ current as of May 2026

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care hospital and ambulance service.

(1) Each abortion facility shall enter into a written agreement with a licensed acute-care hospital capable of treating patients with unforeseen complications related to an abortion facility procedure by which agreement the hospital agrees to accept and treat these patients.

(2) If unforeseen complications arise prior to or during an abortion facility procedure, the patient shall be transferred to the licensed acute-care hospital with which the abortion facility has a written agreement as provided under subsection (1) of this section or to the hospital selected by the patient, if the patient so chooses.

(3) Each abortion facility shall enter into a written agreement with a licensed local ambulance service for the transport of any emergency patient within the scope of subsection (1) of this section to the licensed acute-care hospital.

(4) The written agreements of an abortion facility with an acute-care hospital and with a local ambulance service shall be filed by the abortion facility with the cabinet. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 582, sec. 5, effective July 15, 1998.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2016–2022 · leading case: EMW Women's Surgical Ctr. v. Eric Friedlander, 978 F.3d 418 (6th Cir. 2020).

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EMW Women's Surgical Ctr. v. Eric Friedlander, 978 F.3d 418 (6th Cir. 2020). · cites it 41× “As part of the new licensing scheme, the General Assembly enacted KRS § 216B.0435, which required abortion facilities to acquire “a written agreement with a licensed acute-care hospital capable of treating patients with unforeseen complications related to an abortion facility…”

Planned Parenthood Great Nw., Hawaii, Alaska, Indiana & Kentucky, Inc. v. Cameron (W.D. Ky. 2022). · cites it 2× “As there is no waiver provision in HB 3, counsel’s attempt to get the Attorney General to agree to nonenforcement is a good-faith attempt 17EMW II involved KRS § 216B.0435, which requires abortion providers to have a written transfer agreement with a licensed acute-care hospital.”

Eubanks & Marshall of Lexington, Psc, D/B/A Emw Women's Clinic of Lexington v. Commonwealth of Kentucky, Ex Rel. Cabinet for Health & Fam. Servs. (Ky. 2016). “19 KRS 216B.0435. 12 the predominant procedures at EMW and its use of only mild anesthesia as relevant factors.”

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