HB0434 O'Connor, Patrick et al

P R E F I L E D

HB 434 -- Abortion

This bill makes several changes to the law regulating abortion, including 188.025 RSMo, which was ruled unconstitutional by the eighth circuit in Reproductive Health Services v. Webster. The bill changes the gestational age requiring an abortion to be done in a hospital from 16 weeks to 18 weeks. That hospital must be licensed under chapter 197, RSMo. In the period from 14 weeks to 18 weeks, abortions must be done in licensed hospitals or licensed ambulatory surgical centers. During the first 14 weeks, abortions must be performed in licensed hospitals, licensed ambulatory surgical centers, physician's offices, or outpatient clinics.

The bill also requires a physician to be present in the abortion facility whenever a patient is there recovering.

The bill requires physicians to furnish to the Department of Insurance proof of financial responsibility of at least $1,000,000 in the form of either malpractice insurance or a surety bond.

It will be unlawful for an abortion facility or hospital to hire a physician to perform an abortion without such insurance or bond. Physicians must annually submit proof of insurance or bond to the Department of Insurance. Anyone knowingly violating any of these provisions will be guilty of a class A misdemeanor. A medical emergency requiring an immediate abortion is a defense to this crime.