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Abortions stop in Kentucky after restrictive new law. Here's what to know.


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LOUISVILLE, Ky. – Amid a flurry of abortion bans introduced across the country, this week abortion services halted completely in Kentucky.

That's because a new law that went into effect this week is so broad, with so many restrictions, the state's two remaining abortion providers say it's impossible to continue their work without violating it.

Lawyers for the state's clinics that provide abortions, one of which is a Planned Parenthood clinic, are awaiting action from a federal judge in lawsuits they filed seeking to block the law that took effect late Wednesday.

Meanwhile, the clinics, both in Louisville, say they are answering questions, helping patients find care elsewhere and planning a vigorous court fight over the law they believe is unconstitutional.

"Planned Parenthood is not going anywhere," Rebecca Gibron, interim CEO of a six-state Planned Parenthood group that includes Kentucky, said on a recent press call. "To the anti-abortion politicians in Kentucky — we will see you in court."

Here's more on the new law and where things stand:

How did the Kentucky abortion bill become law?

The law is the result of House Bill 3, backed by Republicans who hold supermajorities in Kentucky's General Assembly.

Described as an "omnibus" measure, the 72-page bill contains extensive new reporting requirements and restrictions on abortion that state officials say would take months to establish.

Yet the bill contained an emergency provision that allowed it to become law immediately upon final passage.

Gov. Andy Beshear, a Democrat who supports abortion rights, vetoed the bill, saying he was especially concerned that it contains no exemptions for victims of rape or incest.

But Republicans had enough votes to override the veto, and they did so Wednesday.

Supporters of the law, say it is meant to better protect women's health and increase oversight in areas such as medication abortions.

But opponents say it is clearly meant to block abortion access in Kentucky.

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What does the Kentucky abortion law do?

The law contains a ban on abortions after 15 weeks of pregnancy, mirroring a Mississippi law currently before the U.S. Supreme Court in a case abortion opponents hope could overturn Roe v. Wade, the landmark 1973 case that established abortion as a constitutional right.

It also contains extensive new restrictions on abortions in which a patient takes medication to terminate an early pregnancy. The method has become increasingly common, accounting for about half of all abortions nationwide.

It bans receipt of such medication by mail, although it is allowed by the U.S. Food and Drug Administration, and requires the state to create a new bureaucracy to certify and register anyone who manufactures, ships or dispenses the medication.

The law requires abortion providers to collect and report more detailed information from patients, a move opponents say could violate patient privacy.

Lawmakers also added new restrictions for girls under 18 seeking abortions, including those asking permission from a judge when a parent is not available in circumstances that include sexual abuse, domestic violence or neglect.

And the law requires fetal remains to be cremated or buried by a licensed funeral establishment, which could add hundreds of dollars to the cost.

What are abortion providers saying?

Both Kentucky clinics that provide abortions suspended those services after the law took effect Wednesday.

Planned Parenthood, which also offers health screenings, birth control and other services, said it will continue those as it tries to assist patients.

"Any patients seeking abortion care in Kentucky are still advised to reach out to us for their first appointment so that we can coordinate care in Indiana or another state that can provide the care they need," spokeswoman Nicole Erwin said Thursday. "Planned Parenthood's doors are and will remain open in Kentucky and will continue providing all other reproductive care."

The other clinic — EMW Women's Surgical Center, which provides only abortion services — has ceased doing so while it awaits action from the pending legal challenge, said Samuel Crankshaw, communications manager for the American Civil Liberties Union of Kentucky, which represents the clinic,

"They are still taking calls from patients and are available to answer patients’ questions," Crankshaw said. "They are encouraging any patients who have questions about care to continue calling."

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Does Kentucky have other abortion laws?

The law that took effect Wednesday joins many other abortion laws currently on the books in Kentucky.

Lawmakers have enacted more than a dozen laws meant to restrict or outlaw abortion since Republicans won control of both chambers of the legislature in 2016.

Chief among them is a "trigger law" that would outlaw abortion immediately if the Supreme Court overturns Roe v. Wade, making it one of a dozen states with such laws on the books. 

Some of Kentucky's laws remain tied up by legal challenges, including a ban on abortions at around six weeks (after fetal cardiac activity is detected) and another banning a common abortion method in the second trimester of pregnancy after about 14 weeks.

Another law that would ban abortion if someone is seeking one because of the race, gender or disability of the fetus also has been blocked while a legal challenge is pending.

But lawmakers have been undeterred by potential legal challenges, including the most recent effort.

Follow Deborah Yetter on Twitter at @d_yetter