1. (1) As used in this section:

   1. (a)
   2. (b)
   3. (c) "Baby" includes both an unborn child as defined in KRS 311.781 and an infant as defined in KRS 311.821; "Perinatal" means occurring in, concerned with, or being in the period around the time of birth; and "Pregnant" has the same meaning as in KRS 311.772.

2. (2) All hospitals and freestanding birthing centers offering obstetric services and maternal-fetal medicine, and the pregnant woman's attending physician or midwife, shall offer to provide or make referrals to a perinatal palliative care program or perinatal palliative care support services for pregnant women, birth fathers, and family members when there is a:

   1. (a) Prenatal diagnosis indicating that a baby may die before or after birth;
   2. (b) Diagnosis of fetal anomalies where the likelihood of long-term survival is uncertain or minimal; or
   3. (c) Newborn who is diagnosed with a potentially life-limiting illness.

3. (3) Perinatal palliative care programs and support services shall include but not be limited to:

   1. (a) Coordination of care between medical, obstetric, neonatal, and perinatal palliative care providers, hospital staff, and the pregnant woman, birth father, and family members;
   2. (b) Care and specialized support through the remainder of a pregnancy, the birth, the newborn period, and the death;
   3. (c) Providing anticipatory guidance, education, and support for pregnant women, birth fathers, and family members before, during, and after delivery;
   4. (d) Providing resources and referrals as needed;
   5. (e) Assistance with making medical decisions;
   6. (f) Counseling;
   7. (g) Education, including specific information about the baby’s diagnosis;
   8. (h) Emotional support;
   9. (i) Guidance on what to expect throughout the grieving process;
   10. (j) Assistance with the creation of memories and keepsakes;
   11. (k) Preparation for meeting the baby and understanding the limitations that may be present at birth;
   12. (l) Pastoral, emotional, and spiritual support for pregnant women, birth fathers, and family members; and
   13. (m) Preparing a plan of care for the baby, which may include medical interventions as needed in the home, hospital, or neonatal hospice.
4. (4) The Cabinet for Health and Family Services shall create and maintain a list of perinatal palliative care programs and service providers on its website.
5. (5) Nothing in this section shall be interpreted as permitting any violation of KRS 311.723 or 311.772.

Effective: June 27, 2025

History: Created 2025 Ky. Acts ch. 121, sec. 19, effective June 27, 2025.