SS SCS SB 65 -- LATE-TERM ABORTIONS

This bill revises the definition of "abortion" to mean the act of
using or prescribing an instrument, device, medicine, drug, or
any other means or substance with the intent to destroy the life
of an embryo or fetus in the mother's womb.  Except in the case
of a medical emergency, no abortion of a viable, unborn child can
be performed or induced unless the abortion is necessary to
preserve the life of the pregnant woman whose life is endangered
by a physical disorder, illness, or injury or when the
continuation of the pregnancy will create a serious risk of
substantial and irreversible physical impairment of a major
bodily function of the pregnant woman.  "Viable" means the stage
of fetal development when the life of the unborn child may be
continued indefinitely outside the womb by natural or artificial
life-supportive systems.

Except in the case of a medical emergency, a physician must,
prior to performing or inducing an abortion, determine the
gestational age of the unborn child in a manner consistent with
accepted obstetrical and neonatal practices and standards.  If a
physician determines that the gestational age of the unborn child
is 20 weeks or more, he or she must, prior to performing or
inducing an abortion, determine if the unborn child is viable by
medically determining the gestational age, weight, and lung
maturity of the unborn child and enter that information in the
woman's medical record.  If a physician determines the
gestational age of the unborn child is 20 weeks or more and the
unborn child is not viable and an abortion is performed or
induced, the physician must report these findings and
determinations and the reasons for the determinations to the
health care facility in which the abortion is performed and to
the State Board of Registration for the Healing Arts within the
Department of Insurance, Financial Institutions and Professional
Registration.  The physician must also enter the determinations
in the woman's medical records and in the individual abortion
report submitted to the Department of Health and Senior Services.

If a physician determines that the unborn child is viable, the
physician cannot perform or induce an abortion except in the case
of a medical emergency.  A physician must certify in writing the
medical threat posed to the life of the pregnant woman or the
medical reasons that continuation of the pregnancy would cause a
serious risk of substantial and irreversible physical impairment
of a major bodily function of the pregnant woman before the
physician can proceed with performing or inducing an abortion on
a woman when it has been determined that the unborn child is
viable.  Before a physician may perform or induce an abortion on
a woman carrying an unborn child that has been determined to be
viable, he or she must:

(1)  Obtain the agreement of a second physician who has knowledge
of accepted obstetrical and neonatal practices and standards and
concurs that the abortion is necessary to preserve the life of
the pregnant woman or that continuation of the pregnancy would
cause a serious risk of substantial and irreversible physical
impairment of a major bodily function of the pregnant woman.  The
second physician must also report the reasons and determinations
to the health care facility and the board and enter that
information in the woman's medical record and the individual
report to the Department of Health and Senior Services.  The
second physician cannot have any legal or financial affiliation
or relationship with the physician performing or inducing the
abortion; however, this will not apply to a physician whose
affiliation or relationship is the result of being employed by or
having staff privileges at the same hospital;

(2)  Use the available method or technique of abortion that is
most likely to preserve the life or health of the unborn child;

(3)  Certify in writing the available methods considered and the
reasons for choosing the method used; and

(4)  Have in attendance at the abortion a second physician who is
responsible for taking control of and providing immediate medical
care for a child born as a result of the abortion.

Any person who knowingly performs or induces an abortion of an
unborn child in violation of these provisions will be guilty of a
class C felony and subject to imprisonment for not less than one
year and a fine of between $10,000 and $50,000.  Any physician
licensed in this state who pleads guilty to or is found guilty of
performing or inducing an abortion of an unborn child in
violation of these provisions can have his or her license
suspended or revoked by the State Board of Registration for the
Healing Arts within the Department of Insurance, Financial
Institutions and Professional Registration.  Any licensed
hospital or ambulatory surgical center that knowingly allows an
abortion to be performed or induced in violation of these
provisions can be subject to the suspension or revocation of its
license.

The provisions of the bill are intended by the state legislature
to be severable in regards to validity for purposes of upholding
the state and federal constitutions.  The General Assembly may
appoint, by concurrent resolution, one or more sponsoring members
of the bill to intervene if the provisions of the bill are
constitutionally challenged.

Missouri House of Representatives
96th General Assembly, 1st Regular Session
Last Updated August 9, 2011 at 1:29 pm