HCS HB 1238 -- ABORTIONS

SPONSOR:  Davis

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Children and Families by a vote of 7 to 4.

This substitute changes the laws regarding consent requirements
for obtaining an abortion, reporting abortions, and immunity from
liability for pharmacies prescribing drugs or devices that cause
an abortion and creates the crime of coercing an abortion.

CONSENT REQUIREMENTS FOR OBTAINING AN ABORTION

Abortions cannot be performed or induced without the voluntary
and informed consent given freely and without coercion of the
woman at least 24 hours prior to the abortion.  The physician
performing or inducing the abortion must provide orally and in
writing:

(1)  The physician's name;

(2)  Medically accurate information including a description of
the proposed abortion method, the medical risks, alternatives to
the abortion, and follow-up care information;

(3)  The gestational age of the unborn child; and

(4)  The anatomical and physiological characteristics of the
unborn child.

The physician performing or inducing the abortion or a qualified
professional must:

(1)  Provide the pregnant woman with printed or video materials
from the Department of Health and Senior Services that describe
the anatomical and physiological characteristics of the unborn
child's brain and heart functions, extremities, and internal
organs; various methods of abortion and the risks associated with
each method; the possibility of causing pain to the unborn child;
alternatives to abortion; and that the father of an unborn child
is liable to provide child support, even if he has offered to pay
for an abortion.  The materials must be available from the
department by November 30, 2010, and must be legible, objective,
unbiased, and scientifically accurate.  All information provided
to the pregnant woman must be given to her in a private room to
ensure privacy, confidentiality, and no fear of coercion.  If
needed, an interpreter will be provided.  All information must be
provided at least 24 hours before payment for an abortion can be
accepted;

(2)  Provide the woman at least 24 hours prior to the abortion
with a geographically indexed list maintained by the department
of health care providers, facilities, and clinics where she would
have an opportunity to view an ultrasound and hear the heartbeat
of the unborn child.  The list is to indicate those that provide
the services free of charge;

(3)  Explain that coercing a pregnant woman to get an abortion is
illegal and she is free to withhold or withdraw her consent to
the abortion at any time without fear of losing treatment and
assistance benefits; and

(4)  Prominently display statements encouraging a pregnant woman
seeking an abortion to contact agencies that help women carry an
unborn child to full term and that no one can coerce a person to
have an abortion.

The woman must certify in writing on a checklist form provided by
the department that she has received all of the required
materials; had an opportunity to view an active ultrasound image
of the unborn child and hear the heartbeat; and given her
voluntary and informed consent, freely and without coercion, to
the abortion procedure.  No abortion will be performed or induced
on an unborn child of 22 weeks gestational age or older unless
the mother is given the opportunity to have a pain alleviating
drug administered to the child.  The physician must retain a copy
of the form in the patient's medical record.

In the event of a medical emergency that results in an abortion,
the physician must certify in writing the nature and
circumstances of the emergency; and the certification must be
kept in the abortion-performing facility's permanent file for
seven years.

All abortion facilities must display a sign that notifies a
pregnant woman that it is illegal to coerce a woman to have an
abortion.

The department must maintain a toll-free, confidential, 24-hour
hotline telephone number for callers to obtain regional
information about abortions, risks, and alternatives to abortions
and make the information available on the department's web site.

An employer cannot institute an occupational qualification that
an employee or applicant seek or obtain an abortion.

Only licensed physicians can perform or induce an abortion.
Anyone violating this provision will be guilty of a class B
felony.

A person commits the crime of coercing an abortion if the person
knowingly coerces a woman to have an abortion by:

(1)  Committing, attempting to commit, or conspiring to commit an
unlawful act against her, her family, or a household member;

(2)  Assaulting, stalking, or perpetrating an act of domestic
violence against her;

(3)  Forcibly or without her knowledge administering to or
causing a woman to ingest any poison, drug, or other substance
intended to cause an abortion or attempting or threatening to do
so;

(4)  Terminating, attempting to terminate, or threatening to
terminate her employment;

(5)  Discharging, attempting to discharge, or threatening to
discharge or changing, attempting to change, or threatening to
change her employment compensation terms, conditions, or
privileges of employment; or

(6)  Revoking, attempting to revoke, or threatening to revoke a
public or private college scholarship.

A person will be guilty of coercing an abortion if he or she
performs a prohibited act designed to cause a woman to seek an
abortion against her will or commits a prohibited act in
retaliation for a woman's refusal to have an abortion.  The
offender will be subject to:

(1)  A class A felony with a maximum prison term of 10 years, a
fine of up to $10,000, or both when the offense committed was a
class A felony;

(2)  A class A felony when the offense committed was a class B
felony;

(3)  A class B felony when the offense committed was a class C
felony;

(4)  A class C felony when the offense committed was a class D
felony;

(5)  A class D felony when the offense committed was a class A
misdemeanor; or

(6)  A class A misdemeanor when the offense committed was a class
B or class C misdemeanor or an infraction.

Any person who performs or induces an abortion and knows that the
pregnant woman has been coerced will be guilty of a class C
felony, except in the case of a medical emergency.  If the
abortion provider has cause to believe that a woman has been a
victim of a coerced abortion and the victim is:

(1)  Younger than 18 years of age, a report of suspected abuse
must be made to the Department of Social Services;

(2)  A person in the care or custody of the Department of Mental
Health, a report of suspected abuse must be made to the
department;

(3)  A person 60 years of age or older who needs assistance to
perform activities to meet his or her essential human needs, a
report of suspected abuse must be made to the Department of
Health and Senior Services; or

(4)  An adult who has been abused or stalked by a present or
former family or household member, the abortion provider must
give the woman information about orders of protection.

If an individual younger than 18 years of age who has not
obtained a court-ordered consent to an abortion seeks to obtain
an abortion, the facility or physician who would perform or
induce the abortion must notify the prosecuting attorney for the
county in which the abortion procedure is to be performed within
one business day before the abortion.  If an abortion is
performed or induced, a tissue sample must be retained by the
facility for DNA identification purposes.

REPORTING ABORTIONS

The substitute changes the requirements for reporting abortions
to the Department of Health and Senior Services.  The report
which the attending physician completes after performing or
inducing an abortion must contain:

(1)  Information required by the United States Standard Report of
Induced Termination of Pregnancy;

(2)  Information regarding the type of abortion procedure used
and any drugs that were taken; and

(3)  The reason the pregnant woman sought the abortion and any
method of family planning the pregnant woman was using when she
became pregnant if the information was provided by the woman.
Information provided by the woman must be voluntary, but the
abortion facility or physician should make all reasonable efforts
to collect the information and should no way discourage the woman
from providing it.

The department must add non-identifying statistical data to its
annual report regarding post-abortion care and the weekly
gestational age of the unborn child when the abortion was
performed.  A person who knowingly violates the confidentiality
of any reports, records, or documents maintained by the hospital
or abortion facility or received by the department involving an
abortion will be guilty of a class D felony.

IMMUNITY FROM LIABILITY FOR PHARMACIES

The substitute specifies that no licensed pharmacy can be
required to perform, assist, recommend, refer to, or participate
in any act or service in connection with any drug or device that
causes a pregnancy to end prematurely resulting in an abortion
and that it will be immune from civil and criminal liability;
license denial, revocation, or suspension; or public assistance
ineligibility for refusing to do any of those activities.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Could
exceed $755,119 in FY 2011, Could exceed $893,496 in FY 2012, and
Could exceed $917,301 in FY 2013.  No impact on Other State Funds
in FY 2011, FY 2012, and FY 2013.

PROPONENTS:  Supporters say that women are traumatized by an
abortion and need proper screening for risk factors prior to
obtaining informed consent.  Without accurate screening, it is
impossible for medical staff to properly advise about potential
risks.  Every woman should receive standard information, but in
addition to that, every woman needs further information based on
her own unique background.  Basic responsibility rests with the
physician; and if a physician does not do his or her job right,
he or she should be subject to liability.  Psycho-social
screening should be done.  Proper screening is not a ban on
abortions, but an attempt to get the right information to the
woman.  Many abortion providers have compromised the standard of
care in order to increase their profits.

Testifying for the bill were Representative Davis; Paula Tally;
Dr. Rachel MacNair; Dr. David Reardon, Elliot Institute; Missouri
Right to Life; and Concerned Women for America of Missouri.

OPPONENTS:  Those who oppose the bill say that the legal
ramifications of the bill are unconstitutional given the United
States Supreme Court's ruling in Roe v. Wade.  The bill will
exact exorbitant paternalism by removing the woman's ability to
give informed consent and giving the physician a veto power,
which is inconsistent with Roe v. Wade.  The bill is based on
incorrect science and robs women of choice.  Abortion Trauma
Syndrome has been debunked in three separate studies, and
instead, what most women feel is relief.  There is no link
between suicide and abortion.  If a woman was depressed and
abused before her abortion, she will probably be depressed and
abused after her abortion.

Testifying against the bill were NARAL Pro-Choice Missouri; and
Planned Parenthood Affiliates in Missouri.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:10 pm