HB 46 -- Informed Consent for Abortions

Sponsor:  Davis

Currently, abortions may only be performed when informed and
written consent is freely given by the pregnant woman, except for
abortions performed in the case of a medical emergency.  This
bill changes the laws regarding the consent requirements for
obtaining an abortion and creates the crime of coercing an
abortion.  In its main provisions, the bill:

(1)  Specifies that voluntary and informed consent is given
freely only if at least 24 hours prior to the abortion:

(a)  The woman has been informed in person, in writing and
orally, of the name of the physician who is to perform or induce
the abortion, medically accurate information about the abortion
procedure, alternatives to the abortion, telephone number for the
physician for any questions, the location of a hospital within 30
miles of where the abortion is performed or induced where the
woman may receive follow-up care if complications arise, and
details about the development of the unborn child;

(b)   The woman's physician presents, in person, materials about
the gestational ages of an unborn child, methods of abortion and
its risks, the possibility of an abortion causing pain to the
unborn child, and the child support liability of the unborn
child's father;

(c)  The physician offers to do a fetal ultrasound imaging and
auscultation of the fetal heart tones to view the image and hear
the heart beat of her unborn child at any local health care
provider;

(d)  Alternatives to abortion materials provided by a physician
identify agencies that assist pregnant woman and the services
they offer, explain the Missouri Alternatives to Abortion
Services Program, and identify a web site and toll-free number
for the program; and

(e)  The physician informs and displays a public statement that
advertises adoption alternatives are available and that it is
illegal to coerce an adoption;

(2)  Specifies that required information provided to pregnant
women considering an abortion must be provided in a private room
and that the woman must be given the opportunity to ask
questions.  Reading or language barriers must be addressed to
ensure comprehension;

(3)  Requires the pregnant woman to certify by signature on a
checklist form provided by the Department of Health and Senior
Services prior to an abortion that she was provided all required
information and the opportunity to view an ultrasound and hear
the heartbeat and that she was not coerced into having an
abortion;

(4)  Requires a pregnant woman at 22 weeks gestation or more to
be given the opportunity to choose to have a drug administered to
eliminate or alleviate pain to the unborn child during the
abortion;

(5)  Prohibits physicians from performing or inducing an abortion
without a woman's signed checklist and informed consent given
without coercion.  If the physician believes the woman to be
coerced, the physician must inform the woman of available
services;

(6)  Requires emergency abortions to be certified in writing by
the physician which clearly designates the nature of the medical
emergency;

(7)  Prohibits payment for an abortion procedure to be collected
until 24 hours after all required information has been provided
to the woman seeking the abortion;

(8)  Specifies that all informational materials provided to a
pregnant woman seeking an abortion must be produced by the
department by November 26, 2009.  Materials must be provided to
any health facility that provides abortions; and the department
must provide a toll-free, 24-hour telephone number where a caller
can obtain regional information concerning agencies and services;

(9)  Prohibits an employer from requiring an employee or
applicant to get an abortion as a requirement for employment;

(10)  Specifies that only licensed physicians can perform or
induce an abortion.  Anyone violating this provision will be
guilty of a class B felony;

(11)  Specifies that coercing a woman to seek or obtain an
abortion, by any illegal act, will be a misdemeanor or a felony
depending on the type of illegal offense.  A woman who has been
coerced into having an abortion has not given consent to an
abortion;

(12)  Specifies that any person who performs or induces an
abortion on a woman, knowing that the woman has been coerced into
an abortion, will be guilty of a class C felony;

(13)  Requires a health care provider or an abortion facility
which has reasonable cause to suspect that a child, a vulnerable
person, or a disabled person is the victim of a coerced abortion
to report the suspected abuse to the appropriate department;

(14)  Requires a health care provider or an abortion facility
which has reasonable cause to suspect that a woman is the victim
of a coerced abortion and has been subject to abuse by a present
or former family or household member or the victim of stalking
to provide the woman with information about orders of protection;
and

(15)  Prohibits a physician who knows that a woman has been
coerced to seek an abortion from performing the abortion and
requires the physician to certify that the woman has not given
consent.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:23 am