Kentucky Senate Committee aims to change process of fetal remains disposal in sweeping abortion bill

FRANKFORT, Ky. (WDRB) -- A sweeping abortion bill is more than halfway through the Kentucky legislature.

As with other abortion debates, the discussion on House Bill 3 highlights how someone views life and the point of which it begins. Sen. Karen Berg, D-Louisville, and the bill's sponsor, Rep. Nancy Tate, R-Brandenburg, blatantly pointing out where each other will never agree.

"I know that you believe at conception that that those two cells have life," Berg said. "I believe that actual life, the life of the mother, takes precedence over the potential life."

"She's absolutely right," Tate added. "We do absolutely completely disagree."

Tate's bill covers a variety of topics and directly responds to the Federal Drug Administration allowing abortion pills to be mailed. It would restrict mailing of the pills and require an in-person exam before an abortion pill could be prescribed.

"(The bill) is saying that Kentucky wants to control of what's happening here in the commonwealth of Kentucky," said Addia Wuchner with Kentucky Right to Life.

Opponents of the bill said the FDA already requires a health care provider to be involved — even if the patient can get the drug by mail — and the FDA also advises against online ordering of abortion pills.

"No matter what you call it, what you say about it, it is designed to limit that choice," Berg said.

In Wednesday's Senate committee, the bill was amended to change how fetal remains are handled. The new version would require remains from an abortion or miscarriage be handled with options similar to that of adult deaths.

"It treats all children that are lost — all children, whatever you want to call it: fetal remains, child remains, terminated remains — it treats all of them and requires that dignified manner," Wuchner said.

Those opposed to the bill said it’s traumatizing for women to do this kind of follow-up after any type of loss happens.

"I see some of this as very traumatic and very hurtful to the folks who are making the very, very difficult decision to terminate a pregnancy," Minority Floor Leader Rep. Joni Jenkins, D-Shively, said on the House floor.

The new version would also allow women who have an abortion or miscarriage the option to filing for a death certificate. Tate re-iterated it is only an option not a requirement.

"This legislation gives them that opportunity to, especially for those women who want to acknowledge and treat those stillborn babies like the rest of their family," Tate said.

There was also testimony in the Senate Committee about the lack of provisions or exceptions in the bill for anyone who has experienced rape or incest.

One woman showed a photo of herself at 6 years old and explained her experience with rape at that age.

"The way legislators have used it as a tool to say they are pro-life is manipulation at best," Nicole Aghaaliandastjerdi said, in opposition of the bill. "Senators, if you pass this bill, the only thing that you will have accomplished is further traumatizing women and children who are already in the most painful situations."

The bill passed committee, 8-2.

Tate said she does expect to make some small changes to the language of the bill before it's heard before the full Senate.

To read more on the other provisions, click here.