HS/HB 1339 - This act modifies various provisions relating to abortions.

SECTION 188.015 - This section modifies the definition of "abortion facility" and adds definitions for "department" and "medical emergency".

SECTION 188.031 - This new section provides that the term "next friend", as used in section 188.028, RSMo, does not include another minor child, a person or entity with a financial interest in or potential gain from the proposed abortion, or an employee or volunteer of the person or entity.

SECTION 188.075 - New language provides defendants with a defense to any alleged violation of Chapter 188, RSMo, for performing an action or not performing an action due to a medical emergency.

SECTION 188.080 - Currently, this section prohibits anyone but licensed physicians from performing abortions and imposes a penalty. New language modifies the penalty to state that any physician who does not have clinical privileges to provide OB/GYN care at a hospital located within thirty miles of the location at which the abortion is performed is guilty of a Class B felony.

SECTION 188.250 - No person shall intentionally cause, aid or assist a minor to obtain an abortion without the required informed consent. Any person who has sufficient contact with this state and violates this section shall be civilly liable to the minor and to the person required to give the informed consent. A court may award damages, including attorney's fees, litigation costs and court costs, to any person adversely affected by a violation of this section. The court may include compensation for emotional injury even if there is no personal presence at the scene of any act or event. A court may also award punitive damages.

It is not a defense to a claim brought pursuant to this act that the abortion was performed in accordance with the required consent of the state or place where the abortion was performed. An unemancipated minor does not have the capacity to consent to any action of this section or to section 188.028, RSMo.

A court may enjoin conduct in violation of this section upon a petition by the Attorney General, a prosecuting or circuit attorney, or a person adversely affected or who may be adversely affected. In order to enjoin such conduct, there must be a showing that such conduct is reasonably anticipated to occur in the future or has occurred in the past and it is not unreasonable to expect that such conduct will be repeated.

SECTION 197.200 - The definition of "ambulatory surgical center" is modified to include "any establishment operated for the purpose of performing or inducing any second or third trimester abortions or at least five or more first trimester abortions per month".
LORIE TOWE