SB182 - Requires consent 24-hours prior to an abortion and proof of financial responsibility to perform abortions
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||Requires consent 24-hours prior to an abortion and proof of financial responsibility to perform abortions
SB 182 - This act requires informed consent at least twenty-
four hours prior to an abortion and any person performing an
abortion must provide proof of financial responsibility.
The current language of Section 188.039, RSMo, regarding
consent is deleted. Except for a medical emergency, new language
requires a physician to confer with the patient regarding the
benefits and risks of the procedure at least twenty-four hours
prior to the abortion. For an abortion induced by drugs, the
conference must take place at least twenty-four hours before
prescribing the drugs. The patient must be screened for risk
factors prior to or during the conference.
At the conclusion of the conference, the physician and
patient must each sign the consent form that certifies the
screening and discussion. The form will become part of the
patient's medical file and will remain confidential. The
Director of the Department of Health and Senior Services must
develop a model consent form for physicians. However, lack of a
model form will not affect the physician's duties to obtain
A new Section 188.043 is created and requires any person
performing an abortion to provide proof of financial
responsibility to the Department. Proof of financial
responsibility means any of the following:
Filing with the Department a written certificate for a
medical malpractice insurance policy with limits of not less than
five hundred thousand dollars per occurrence and one million
dollars in the annual aggregate;
Filing with the Department a bond of a surety company with
limits of not less than five hundred thousand dollars per
occurrence and one million dollars in the annual aggregate;
Filing with the Department a certificate of the state
treasurer attesting to the deposit of five hundred thousand
dollars in cash or bonds.
The Department must annually receive verification that the
insurance policy or surety bond is effective without any decrease
in the amount of coverage or the amount of the bonds. Insurance
and surety companies must provide notice to the Director of the
Department within ten days prior to the cancellation of a medical
malpractice insurance policy or a surety bond. Prior to any
withdrawal, the state treasurer must receive a certificate from
the Department verifying that proof of financial responsibility
has been established by either a medical malpractice insurance
policy or a surety bond.
Abortion facilities and hospitals are prohibited from
employing any person performing abortions who has failed to
furnish proof of financial responsibility.
The provisions of Section 188.043 will take effect on
January 1, 2004.
This act is similar to SB 1056 (2002).