Missouri Senate

Perfected

THE "RIGHT TO LIFE OF THE UNBORN CHILD ACT" (Sections 188.010 and 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 HB 1017 (2019) and substantially similar to SB 345 (2019).

PROHIBITION OF CERTAIN SELECTIVE ABORTIONS (Sections 188.015, 188.038, and 188.052)

This act prohibits any person from performing or inducing an abortion on a woman if the person knows that the woman is seeking the abortion solely because of a prenatal diagnosis, test, or screening indicating Down Syndrome or the potential of Down Syndrome in an unborn child. Additionally, this act prohibits any person from performing or inducing an abortion on a woman if the person knows that the woman is seeking the abortion solely because of the sex or race of the unborn child.

Under current law, all attending physicians must complete an abortion report for each abortion performed. This act requires the physician to include in that report a certification that the physician does not have any knowledge that the woman sought the abortion solely because of a prenatal diagnosis, test, or screening indicating Down Syndrome or the potential of Down Syndrome in an unborn child, as well as a certification that the physician does not have any knowledge that the woman sought the abortion solely because of the sex or race of the unborn child.

Any physician or other person who violates the provisions of this act shall be subject to civil liability and revocation of his or her professional license.

These provisions are substantially similar HB 771 (2019), SB 724 (2018), HB 1867 (2018), and SB 96 (2017) and similar to SB 802 (2016).

THE "MISSOURI STANDS FOR THE UNBORN ACT" (Sections 188.020, 188.026, 188.027, and 188.052)

Prior to performing or inducing an abortion, a physician shall first determine the presence or absence of a detectable heartbeat or brain function of the unborn child. No abortion shall be performed or induced upon a woman at eight weeks gestational age or later, except in cases of medical emergency. A person who knowingly violates 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 this provision is found to be unconstitutional, no abortion shall be performed or induced at fourteen weeks gestational age or later and if a fourteen-week prohibition is found unconstitutional, then no abortion shall be performed or induced at eighteen weeks gestational age or later. If a court finds an eighteen-week prohibition unconstitutional, then the provisions of the "Late-Term Pain-Capable Unborn Child Protection Act" shall remain.

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 ninety-six hours of the heartbeat detection test. If more than ninety-six 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.

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

PARENTAL NOTIFICATION IN CASES OF A MINOR ABORTION (Section 188.028)

Under current law, a person shall not knowingly perform an abortion on a minor under 18 until the attending physician has secured the written informed consent of the minor and one parent or guardian, unless a specified exception applies. This act adds the exception of a medical emergency and applies the law to persons knowingly inducing an abortion on a minor under 18.

Additionally, this act requires the consenting parent to notify any other custodial parent or guardian in writing prior to the securing of the informed written consent of the minor and one parent or guardian. Notice shall not be required for a parent or guardian: (1) who has been found guilty of specified crimes or is listed on the sexual offender registry; (2) against whom an order of protection has been issued; (3) whose custodial, parental, or guardianship rights have been terminated by a court; or (4) whose whereabouts are unknown, who is a fugitive, who is habitually intoxicated or drugged, or who has been declared mentally incompetent or incapacitated.

This provision is identical to SB 106 (2019), HB 127 (2019), and HB 1383 (2018) and substantially similar to SB 375 (2017), HB 326 (2017), and HB 1370 (2016).

MATERIALS PROVIDED TO PERSONS RECEIVING REFERRALS FOR OUT-OF-STATE ABORTIONS (Section 188.033)

This act requires in-state abortion facilities or family planning agencies to provide specified printed materials when providing to a woman considering an abortion the name, address, telephone number, or website of an abortion provider who or which is located out of state. If the provision of the abortion provider's contact information is not made in person to the woman, the abortion facility or family planning agency shall offer the printed materials to the woman and if she chooses, send the materials to her through the U.S. mail at no cost to the woman.

This provision is identical to HB 282 (2019) and substantially similar to SB 240 (2019), SB 230 (2017), SB 883 (2016), and SCS/SB 302 (2015).

ABORTION PROVIDER INSURANCE (Sections 188.043 and 188.044)

This act changes the medical malpractice insurance an abortion provider is required to have from $500,000 to $1,000,000 per occurrence and $3,000,000 in the annual aggregate. Additionally, this act requires a physician to carry tail insurance of at least $1,000,000 per occurrence and $3,000,000 in the annual aggregate for personal injury to or death of a child who survives an abortion induced by a drug or chemical that carries a Food and Drug Administration warning that such chemical may cause birth defects in a child who survives the abortion.

THE "LATE-TERM PAIN-CAPABLE UNBORN CHILD PROTECTION ACT" (Section 188.375)

This act establishes the "Late-Term 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 late-term 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 or his or her professional license.

If a physician performs or induces an abortion upon a woman carrying a late-term pain-capable unborn child in cases of a medical emergency, the physician shall be 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.

These provisions are similar to SB 279 (2019), HCS/HBs 680 & 339 (2019), HB 850 (2019), and SCS/HB 1266 (2018).

SARAH HASKINS