HS/HCS/HB 156 - This act requires informed consent at least twenty-four hours prior to an abortion and any person that performs an abortion must provide proof of medical malpractice insurance.

The current language of Section 188.039, RSMo, pertaining to consent is deleted. New language requires a physician to confer with a patient regarding the indicators, contraindicators, and risks of the procedure at least twenty-four hours prior to an abortion, except in a medical emergency. For an abortion induced by drugs, the conference must take place at least twenty-four hours before prescribing the drugs. Only one conference shall be required for each abortion.

At the conclusion of the conference and if the woman chooses to proceed with the abortion, the physician and patient must each sign the consent form that certifies the screening and discussion. The form will become part of the patient's medical file and will remain confidential. The Director of the Department of Health and Senior Services must develop a model consent form for physicians. However, lack of a model form will not affect the physician's duties to obtain consent.

A new Section 188.043 is created and requires any person performing or inducing an abortion to provide proof of medical malpractice insurance with coverage of at least five hundred thousand dollars.

Abortion facilities and hospitals are prohibited from employing any person performing abortions who has failed to furnish proof of medical malpractice insurance. However, the abortion facility or the hospital may provide the medical malpractice insurance for the employee.

The failure to maintain the required medical malpractice insurance shall be an additional ground for sanctioning a person's license, certificate or permit.

The provisions of Section 188.043 will take effect on January 1, 2004.
LORIE TOWE