FRANKFORT, Ky. (LEX 18) — A Kentucky House Democrat filed legislation aimed at protecting medical privacy and preventing the criminalization of residents who seek reproductive health care outside the state, a release read.
House Democratic Caucus Chair Lindsey Burke of Lexington introduced House Bill 23 on the first day of the 2026 General Assembly session. The bill, according to the release, establishes protections against criminal, civil and administrative penalties for seeking or facilitating abortion care that is lawful where it is provided or prescribed, including care accessed outside Kentucky.
The legislation also safeguards medical records from being used to investigate or prosecute patients, providers or those offering support.
"The purpose of HB 23 is simple: no one should fear surveillance, arrest, or professional retaliation for making deeply personal medical decisions with the help of their medical provider," Burke said.
The bill comes amid growing concern following the recent arrest of a Melinda Spencer in Campton, Kentucky. Advocates warn that criminalizing medical care creates a dangerous chilling effect, discouraging women from seeking accurate information and timely care in cases of emergency or pregnancy loss.
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"When people are afraid of prosecution, they don't stop needing health care — they just stop asking questions," Burke said.
Burke said that fear can push women into riskier and less informed decisions, delay care during medical emergencies or prevent them from seeking help at all.
HB 23 makes clear that researching abortion care, assisting with travel, providing information or offering medical support related to pregnancy and reproductive health cannot be grounds for investigation or punishment, according to the release. The bill also protects licensed professionals from disciplinary action and prevents state agencies from interfering with interstate travel for lawful medical care.
"This bill does not change Kentucky's abortion laws," Burke said.
Burke said the legislation ensures Kentucky does not weaponize those laws to create a climate of fear that threatens patient safety, undermines medical ethics and erodes basic privacy rights.
"Kentuckians deserve to make medical decisions based on facts and compassion, not fear of arrest," Burke said.
