SB 0741 Pregnancy Counseling Services
LR Number:S2689.01I Fiscal Note:2689-01
Last Action:03/06/96 - SCS Voted Do Pass S Judiciary Committee
Effective Date:August 28, 1996
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Current Bill Summary

SCS/SB 741 - This act provides pregnancy care option services to pregnant women with the goals of reducing infant mortality, out-of-wedlock conception, inadequate prenatal care and abortion. Such services shall include: 1) helping women obtain support services; 2) assisting women in obtaining prenatal care; 3) promoting adoption; and 4) verifying that these women are fully informed about the consequences of abortion and that their choices are freely made.

VERIFICATION OF SERVICES OFFERED: The case manager shall inform each client in writing that accepting case manager services is voluntary and strictly confidential. A signed written verification form must be immediately given to the client upon the client's request. The form shall list the name of the case manager and state that the client has been offered case manager services and shall be signed by the case manager. If the client refuses services and is not immediately given a signed verification form by the case manager, the client may attest, under penalty of perjury, that the case manager refused to provide a verification form. Such sworn statement shall serve in lieu of the signed verification form.

A woman may also obtain a verification form from her physician, an ordained minister, or a nurse employed by a city or county health department without contacting a case manager.

A health facility, defined in this act, must receive verification from the client that the client has been offered case manager services prior to performing an abortion. It shall be illegal to perform an abortion without this verification, except in cases of rape or incest as reported to a law enforcement agency or if the client's health is at risk. A knowing violation is grounds for loss of licensure.

CASE MANAGER STANDARDS: The Missouri Department of Health shall define the minimum standards for training of case managers. Training of case managers may be provided by any accredited public or private post-secondary school or institution or through a state agency, subject to appropriation. Such school, institution or agency will certify the case manager.

Upon certification, case managers shall register with the Department of Health. The registration shall include the name, address, date of birth, county and telephone number where the case manager may be contacted for services. The registration shall include a verified statement that the registrant meets the qualifications to be a case manager. Registration of a case manager may be withheld pending a criminal records check.

The Department of Health shall maintain a registration list of all case managers and such list shall be accessible to the public.

It is unlawful for a case manager to verify that services have been offered unless the care manager completes the training program, obtains certification and registers with the Department of Health.

Whenever the Department or any person has cause to believe that a case manager has acted in a manner inconsistent with the provisions of this act, the Department may revoke certification on its own initiative or the person may make a complaint, orally or in writing, to the Department and the Department may revoke certification.

The Department shall inform all local public health departments of pregnancy care option services, including case manager services and the Tel-Link program. The Departments of Elementary and Secondary Education, Social Services, and Mental Health shall develop procedures for its personnel who serve clients who may benefit from pregnancy care option services.

CONFIDENTIALITY: The case manager shall use a system of identification codes for record keeping which protects the anonymity of the client. All records shall be delivered to the client upon demand or destroyed within 30 days after a case manager completes services to the client if no such demand is made.

Disclosure of information without the client's consent or a failure to destroy records may subject the case manager to civil actions and shall be grounds for revocation of the case manager's certificate.

ECONOMIC INTEREST OF CASE MANAGER: It is unlawful for a case manager or other qualified individual to verify an offer of pregnancy services to a client if such individual has any economic interest or who volunteers in an abortion facility. It shall also be unlawful for a person who advocates violence, or who has been convicted of a misdemeanor, other than a traffic violation or felony to be a case manager.

This act is similar to Truly Agreed To HS/SS#2/SCS/SB 279 (1995).