SECOND REGULAR SESSION
SENATE BILL NO. 790
92ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR YECKEL.
Pre-filed December 1, 2003, and ordered printed.
TERRY L. SPIELER, Secretary.
2997S.01I
AN ACT
To repeal sections 188.080 and 197.200, RSMo, and to enact in lieu thereof two new sections relating to protection of recipients of medical services, with penalty provisions.
Section A. Sections 188.080 and 197.200, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 188.080, and 197.200, to read as follows:
188.080. Notwithstanding any other penalty provision in this chapter, any person who is not a licensed physician as defined in section 188.015 who performs or attempts to perform an abortion on another as defined in subdivision (1) of section 188.015, is guilty of a class B felony, and, upon conviction, shall be punished as provided by law. Any physician performing an abortion who does not have [surgical] clinical privileges to provide obstetrical or gynecological care at a hospital located within thirty miles of the location at which the abortion is performed which offers obstetrical or gynecological care shall be guilty of a class B felony, and, upon conviction shall be punished as provided by law.
197.200. As used in sections 197.200 to 197.240, unless the context clearly indicates otherwise, the following terms mean:
(1) "Ambulatory surgical center", any public or private establishment operated primarily for the purpose of performing surgical procedures or primarily for the purpose of performing childbirths or any establishment operated for the purpose of performing or inducing any second or third-trimester abortions or five or more first-trimester abortions per month, and which does not provide services or other accommodations for patients to stay more than twenty-three hours within the establishment, provided, however, that nothing in this definition shall be construed to include the offices of dentists currently licensed pursuant to chapter 332, RSMo;
(2) "Dentist", any person currently licensed to practice dentistry pursuant to chapter 332, RSMo;
(3) "Department", the department of health and senior services;
(4) "Governmental unit", any city, county or other political subdivision of this state, or any department, division, board or other agency of any political subdivision of this state;
(5) "Person", any individual, firm, partnership, corporation, company, or association and the legal successors thereof;
(6) "Physician", any person currently licensed to practice medicine pursuant to chapter 334, RSMo;
(7) "Podiatrist", any person currently licensed to practice podiatry pursuant to chapter 330, RSMo.