HB 1236 -- Negligence when Performing an Abortion

Sponsor:  Davis

This bill establishes the Negligent Screening Act which
identifies criteria for medical negligence when an abortion is
performed and certain considerations have not been met.  Unless
medically necessary, before an abortion can be performed or
recommended by a treating physician, the following must have
occurred:

(1)  The pregnant woman must be evaluated by a qualified person
to identify evidence of a coerced abortion or the presence of
other risk factors;

(2)  The evaluation must be presented to the pregnant woman and
the performing physician in writing including a checklist
identifying the positive and negative results for each risk
factor.  If any risk factor is identified, the qualified person
must inform the pregnant woman of complications associated with
an abortion;

(3)  The qualified person must provide a written statement to the
pregnant woman and the treating physician certifying that the
pregnant woman understands the significance of those risk factors
and the associated complications with abortions; and

(4)  The treating physician has documented in a permanent record
that either there is more statistical evidence to prove that the
risk factors identified for the pregnant woman are negligible
risks or that continuing the pregnancy does or does not put the
pregnant woman at physical or mental risk.

Failing to follow the requirements of the act will result in
monetary liabilities of $10,000 for each violation, and a
wrongful death lawsuit can be filed against the abortion provider
for the death of the pregnant woman's unborn child.  Civil
actions against an abortion provider for violation of the act
must be filed within two years of the violation.  Violations will
not result in grounds for criminal negligence charges or the loss
of a person's medical license.

The act does not create the right to have an abortion or change
laws making unlawful abortions legal or lawful abortions illegal.

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