SB 0283 Abortion-Licensing of Facilities & Physician and Penalties and Alternatives to Abortion
Sponsor:Wiggins
LR Number:L0970.01I Fiscal Note:0970-01
Committee:Public Health and Welfare
Last Action:02/24/97 - Hearing Conducted S Public Health & Welfare Committee Journal page:
Title:
Effective Date:January 1, 1998
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Current Bill Summary

SB 283 - This act would make it unlawful for an abortion to be performed anywhere other than a physician's office, outpatient clinic, ambulatory surgical center or hospital.

It would also be unlawful for a physician performing an abortion to leave the abortion facility before the patient is discharged, unless another physician is physically present in the abortion facility to care for the patient until she is discharged. Any physician who performs abortions must obtain $500,000 of medical malpractice insurance.

A medical emergency that requires an emergency abortion shall be a justification for failure to perform any actions normally required prior to performing such abortion.

Any person who is not a physician and who performs or attempts to perform an abortion on another person shall be guilty of a Class B felony.

A physician who performs an abortion and who does not have clinical privileges including OB/GYN care at a hospital in this state which offers OB/GYN care shall be guilty of a Class A misdemeanor.

The act also requires any abortion facility, not required to be licensed as an ambulatory surgical center, to be inspected annually by the Department of Health and may be inspected at any time for good cause. The Department shall promulgate rules to establish standards of service and care. No rule shall restrict or interfere with operations or programs that do not concern the physical health and safety of patients.

If the Department finds that an unlicensed abortion facility is substantially failing to comply with any provisions of this section, the Department shall give 20 days written notice to the unlicensed abortion facility to comply. If the unlicensed abortion facility fails to comply, the Department may seek relief from the courts to enforce the provisions of this section or the health, safety or record-keeping provisions of Chapter 188, RSMo.

ALTERNATIVES TO ABORTION - The act states that the Department of Health shall provide a program of information and referral regarding alternative to abortion services for pregnant women. The program shall include a computerized listing of services available for pregnant women offered by public and private agencies and services, including child support, prenatal care, postnatal care, maternity homes, public assistance and child care professionals of such services. The referral program and/or a statewide toll-free telephone number shall be in connection with the Tel-Link program to provide numbers to pregnant women so they can contact public and private organizations and services to assist them during and after their pregnancies.

This act would become effective on January 1, 1998.
CHERYL GRAZIER