HS HB 1339 -- INFORMED CONSENT FOR ABORTIONS (Cunningham, 86)

This substitute adds the definitions of "department" and "medical
emergency" to the law regarding regulation of abortions.  It
specifies that the term "next friend" as it relates to consent to
abortion for minors does not include another minor child or any
person who has a financial interest or personal gain from a
minor's decision to have an abortion.

The substitute revises a penalty provision pertaining to the
performance of actions contrary to current law and the
nonperformance of required actions under current law.  It
establishes the defense of performing or not performing an action
because of a medical emergency.  Under current law, a physician
who performs an abortion and does not have surgical privileges at
a hospital that offers obstetrical or gynecological care is
guilty of a class B felony.  The substitute specifies that a
physician who performs an abortion and does not have clinical
privileges to provide obstetrical or gynecological care at a
hospital within 30 miles of the location where the abortion is
performed is guilty of a class B felony.

The substitute also prohibits a person from intentionally
causing, aiding, or assisting a minor to obtain an abortion
without consent from a parent or a judicial decree.  Any person
who is subject to the jurisdiction of the state of Missouri and
violates this provision will be civilly liable to persons
individually adversely affected by the action.  If civil
liability is established, a court may award damages, including
compensation for emotional injury, attorney fees, and court costs
to any person adversely affected.  However, damages may not be
awarded to any person who has committed rape or incest or has
knowingly allowed rape or incest to be committed against a minor
who obtains an abortion.

The substitute does not allow a person to assert as a defense a
claim that the abortion was performed in accordance with the
required consent of the state or the place where the abortion was
performed.  The substitute also prohibits an unemancipated minor
from having the capacity to consent to any action in violation of
the substitute or Section 188.028, RSMo.

A court may enjoin conduct in violation of the substitute upon a
petition by the Attorney General, a prosecuting attorney, a
circuit attorney, or a person adversely affected or who may be
adversely affected.  In order for a court to enjoin any
violation, the substitute requires that there must be a showing
that the conduct has occurred in the past and that it is not
unreasonable to expect that it will be repeated or that it is
reasonably anticipated to occur in the future.

The substitute also adds establishments that perform or induce
second- or third-trimester abortions or five or more
first-trimester abortions per month to the definition of
"ambulatory surgical center" for the purpose of regulating these
centers.

FISCAL NOTE:  No impact on state funds in FY 2005, FY 2006, and
FY 2007.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am