Missouri HB 1854: Repeals the provision requiring abortion facility physicians to have staff privileges at a hospital

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 1854
99TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE NEWMAN.
5113H.01ID. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 188.027 and 188.080, RSMo, and to enact in lieu thereof two new sections
relating to abortion.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A.  Sections 188.027 and 188.080, RSMo, are repealed and two new sections
2enacted in lieu thereof, to be known as sections 188.027 and 188.080, to read as follows:
188.027.  1.  Except in the case of medical emergency, no abortion shall be performed
2or induced on a woman without her voluntary and informed consent, given freely and without
3coercion.  Consent to an abortion is voluntary and informed and given freely and without
4coercion if, and only if, at least seventy-two hours prior to the abortion:
5(1)  The physician who is to perform or induce the abortion, a qualified professional, or
6the referring physician has informed the woman orally, reduced to writing, and in person, of the
7following:
8(a)  The name of the physician who will perform or induce the abortion;
9(b)  Medically accurate information that a reasonable patient would consider material to
10the decision of whether or not to undergo the abortion, including:
11a.  A description of the proposed abortion method;
12b.  The immediate and long-term medical risks to the woman associated with the
13proposed abortion method including, but not limited to, infection, hemorrhage, cervical tear or
14uterine perforation, harm to subsequent pregnancies or the ability to carry a subsequent child to
15term, and possible adverse psychological effects associated with the abortion; and
EXPLANATION —Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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16c.  The immediate and long-term medical risks to the woman, in light of the anesthesia
17and medication that is to be administered, the unborn child’s gestational age, and the woman’s
18medical history and medical condition;
19(c)  Alternatives to the abortion which shall include making the woman aware that
20information and materials shall be provided to her detailing such alternatives to the abortion;
21(d)  A statement that the physician performing or inducing the abortion is available for
22any questions concerning the abortion, together with the telephone number that the physician
23may be later reached to answer any questions that the woman may have;
24(e)  [The location of the hospital that offers obstetrical or gynecological care located
25within thirty miles of the location where the abortion is performed or induced and at which the
26physician performing or inducing the abortion has clinical privileges and where the woman may
27receive follow-up care by the physician if complications arise;
28(f)]  The gestational age of the unborn child at the time the abortion is to be performed
29or induced; and
30[(g)] (f)  The anatomical and physiological characteristics of the unborn child at the time
31the abortion is to be performed or induced;
32(2)  The physician who is to perform or induce the abortion or a qualified professional
33has presented the woman, in person, printed materials provided by the department, which
34describe the probable anatomical and physiological characteristics of the unborn child at
35two-week gestational increments from conception to full term, including color photographs or
36images of the developing unborn child at two-week gestational increments.  Such descriptions
37shall include information about brain and heart functions, the presence of external members and
38internal organs during the applicable stages of development and information on when the unborn
39child is viable.  The printed materials shall prominently display the following statement:  “The
40life of each human being begins at conception.  Abortion will terminate the life of a separate,
41unique, living human being.”;
42(3)  The physician who is to perform or induce the abortion, a qualified professional, or
43the referring physician has presented the woman, in person, printed materials provided by the
44department, which describe the various surgical and drug-induced methods of abortion relevant
45to the stage of pregnancy, as well as the immediate and long-term medical risks commonly
46associated with each abortion method including, but not limited to, infection, hemorrhage,
47cervical tear or uterine perforation, harm to subsequent pregnancies or the ability to carry a
48subsequent child to term, and the possible adverse psychological effects associated with an
49abortion;
50(4)  The physician who is to perform or induce the abortion or a qualified professional
51shall provide the woman with the opportunity to view at least seventy-two hours prior to the

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52abortion an active ultrasound of the unborn child and hear t