Missouri Senate

Senate Committee Substitute

RIGHT TO LIFE OF THE UNBORN CHILD ACT (Sections 188.010, 188.017)

Under this act, the General Assembly declares its intention that the state and its political subdivisions shall be a "sanctuary of life" to protect pregnant women and their unborn children.

Additionally, this act establishes the "Right to Life of the Unborn Child Act". Under this act, an abortion performed or induced upon a woman, unless in cases of medical emergencies, shall be a Class B felony and shall subject the person performing or inducing the abortion to suspension or revocation of his or her professional license.

This provision has a contingent effective date.

These provisions are identical to SB 345 (2019) and substantially similar to HB 126 (2019) and HB 1017 (2019).

PROHIBITION OF CERTAIN ABORTIONS FOLLOWING THE DETECTION OF A HEARTBEAT OF AN UNBORN CHILD (Sections 188.026, 188.027, and 188.052)

Under this act, no physician shall perform or induce an abortion on a pregnant woman without first performing a heartbeat detection test on the unborn child. Except in cases of medical emergency, a physician shall not perform or induce an abortion if a heartbeat of an unborn child is detected and shall inform the woman, in writing, that such abortion cannot be performed or induced. If a heartbeat is not detected, an abortion may be performed or induced, in accordance with applicable law, so long as the abortion is performed or induced within 96 hours of the heartbeat detection test. If more than 96 hours has passed since the heartbeat detection test, the physician shall perform a new test prior to an abortion.

The physician shall record the estimated gestational age of the unborn child as well as the time, date, method, and results of the heartbeat detection test in the woman's medical record and in the abortion report submitted to the Department of Health and Senior Services.

Any physician who fails to perform a heartbeat detection test prior to the performance or inducement of an abortion shall be subject to having his or her medical license rejected, revoked, or suspended for 6 months and shall pay a $1,000 fine. Any physician who performs or induces an abortion following the detection of a heartbeat of the unborn child shall have his or her license revoked and any future license application denied. No woman upon whom an abortion was performed or induced in violation of this act shall be prosecuted for a conspiracy to violate the provisions of this act.

These provisions are substantially similar to SB 139 (2019), SB 714 (2018), and SB 408 (2017) and similar to provisions in HB 126 (2019).

PAIN CAPABLE UNBORN CHILD PROTECTION ACT (Section 188.375)

This act establishes the "Pain-Capable Unborn Child Protection Act," which prohibits any abortion, except in the case of a medical emergency, from being performed or induced on a woman carrying a pain-capable unborn child, defined as an unborn child at twenty weeks since the first day of the woman's last menstrual period. A person violating this provision shall be guilty of a Class B felony, as well as subject to suspension or revocation of his or her professional license.

If a physician performs or induces an abortion upon a woman carrying a pain-capable unborn child in cases of a medical emergency, the physician shall utilize the available method or technique that provides the best opportunity for the unborn child to survive, or if such method is not available, the method or technique that offers less risk to the life and health of the mother. The physician shall document in writing the method or technique utilized and the reason it was selected. In such cases of medical emergency, there shall be another physician in attendance other than the physician performing or inducing the abortion who shall provide immediate care for a child born as a result of the abortion. Any physician who violates these provisions shall be guilty of a Class D felony and subject to suspension or revocation of his or her license.

Any physician that performs or induces an abortion shall report to the Department of Health and Senior Services as specified in the act, including the probable gestational age, if determined, and the basis of that determination, or, if the age was not determined, the basis of the medical emergency. Additionally, the physician shall report the method of abortion. The report shall not contain the name or address of the patient or any other identifying information. The report shall be confidential and shall not be made available except under a court order.

Beginning June 30, 2020, and each year thereafter, the Department shall issue a public report releasing statistical information from previous calendar years compiled from the reports submitted under this act.

These provisions are substantially similar to provisions in HB 126 (2019) and similar to HB 339 (2019) and SCS/HB 1266 (2018).

SARAH HASKINS