COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 4609-01
Bill No.: SB 1135
Subject: Abortion; Physicians; Hospitals; Health Care; Health Care Professionals; Medical Procedures and Personnel.
Type: Original
Date: February 21, 2002
FISCAL SUMMARY
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
ASSUMPTION
Officials from the Department of Social Services, Department of Health and Senior Services and Office of State Courts Administrator assume the proposed legislation will not fiscally impact their organization.
Officials from the Department of Corrections (DOC) stated the DOC cannot predict the number of new commitments which may result from the creation of the offense(s) outlined in this proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court.
If additional persons are sentenced to the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding increase in operational cost either through incarceration (FY 01 average of $35.78 per inmate per day, or an annual cost of $13,060 per inmate) or through supervision provided by the Board of Probation and Parole (FY 01 average of $3.34 per offender per day, or an annual cost of $1,219 per offender). Supervision by the DOC through probation or incarceration would result in some additional costs, but it is assumed the impact would be $0 or a minimal amount that could be absorbed within existing resources.
Officials from Barton County Memorial Hospital, Cass Medical Center, Cooper County Memorial Hospital, Excelsior Springs Medical Center, Lincoln County Memorial Hospital, Pemiscot Memorial Hospital, Phelps County Regional Medical Center, Ray County Memorial Hospital, Samaritan Memorial Hospital, and Ste. Genevieve County Memorial Hospital did not respond to our request for a statement of fiscal impact.
| FISCAL IMPACT - State Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2003
(10 Mo.) |
FY 2004 | FY 2005 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
Small businesses may be experience a negative fiscal impact as a result of the proposed legislation. The net effect is unknown.
DESCRIPTION
This act requires informed consent by a woman before the performance of an abortion.
A new Section 188.041 requires a physician to inform the mother of the unborn child of all reasonably foreseeable risks of an abortion. The mother must be allowed sufficient time to consider such information. Prior to an abortion, the mother and physician must certify in writing that such information was discussed. A physician will be civilly liable to the mother and any other person sustaining loss or damages caused by failure to provide such information.
Currently, Section 188.080, RSMo, prohibits anyone but licensed physicians from performing abortions and imposes a penalty. This act modifies the penalty for 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.
Section 197.200, RSMo, currently defines medical treatment facility terms. This act modifies the definition of "ambulatory surgical center" to include any establishment operated for the purpose of performing or inducing any second or third trimester abortions or at least five first trimester abortions per month.
This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Social Services
Department of Health and Senior Services
Office of State Courts Administrator
Department of Corrections
NOT RESPONDING: Barton County Memorial Hospital, Cass Medical Center, Cooper County Memorial Hospital, Excelsior Springs Medical Center, Lincoln County Memorial Hospital, Pemiscot Memorial Hospital, Phelps County Regional Medical Center, Ray County Memorial Hospital, Samaritan Memorial Hospital, and Ste. Genevieve County Memorial Hospital
Mickey Wilson, CPA
Acting Director
February 21, 2002