Missouri Legislature Abortion Bill Guide

Missouri Legislature Abortion Bill Guide

 

It's no secret that in conservative states like Missouri, abortion rights are a hot-button issue. This legislative session, both the house and the senate of Missouri are taking things to a whole new level.

There are currently 20 bills in the Missouri legislature that deal with the topic of abortion. Of these 20, only 1 (introduced by Democrat Stacey Newman) supports women's health.

Since these pieces of legislation can be hard to wade through, the Secular Coalition for Missouri has created a quick reference guide. You can view the guide below.

 

 

SENATE BILLS

All bill summaries were copied and pasted from the respective hyperlinks

1.      SB 644 (Sen. Onder)

SB 644 - This act makes numerous changes to existing statutes relating to abortion, including donation of fetal tissue, pathology tissue reports, physician privileges, ambulatory surgical center licensing procedures, and inspections of abortion facilities.

DONATION OF FETAL TISSUE (Section 188.036)

Under this provision, no mother, father, or any other person shall knowingly donate or make an anatomical gift of the fetal organs and tissue resulting from an abortion to any person or entity for medical, scientific, experimental, therapeutic, or any other use.

TISSUE REPORTS (Section 188.047)

Under current law, a representative sample of tissue removed at the time of abortion is sent to a pathologist for examination. This provision requires that all tissue removed at the time of abortion be sent to the pathologist. Additionally, all tissue reports issued by the pathologist shall contain a certification that all submitted tissue has been disposed of in accordance with state law. Finally, this provision requires the Department of Health and Senior Services, beginning January 1, 2017, to make an annual report to the General Assembly. The report shall include the following for each abortion procedure reported to the Department the previous calendar year: (1) the termination procedure used and a clinical estimation of gestation; (2) whether the Department received the tissue report for that abortion, along with a certification of the disposal of the remains; and (3) the existence and nature, if any, of any inconsistencies or concerns between the physician's abortion report to the Department and the pathologist's submitted tissue report.

PHYSICIAN PRIVILEGES (Section 188.080)

Under current law, any physician performing or inducing an abortion must have clinical privileges at a hospital which offers obstetrical or gynecological care located within 30 miles of the location at which the abortion is performed or induced. This provision changes that requirement to instead require the physician to have surgical and admitting privileges at such hospital.

AMBULATORY SURGICAL CENTER LICENSING (Section 197.215)

This provision prohibits the Department from issuing or renewing an ambulatory surgical center license unless the applicant meets the requirements of any applicable state or federal law or regulation. Additionally, the Department shall not waive this requirement as a condition of any litigation, settlement, or any other agreement.

ABORTION FACILITY INSPECTIONS (Section 197.230)

This provision requires the Department to conduct annual, unannounced, on-site inspections and investigations of abortion facilities. These inspections shall, at a minimum, include the following areas: (1) compliance with all statutory and regulatory requirements for an ambulatory surgical center; (2) compliance with the requirement that all tissue removed at the time of an abortion be submitted to a pathologist and that the resultant tissue report be made a part of the patient's permanent record; (3) review patient records to ensure that no consent forms or other documentation authorizes any utilization of fetal organs or tissue in violation of state law; and (4) compliance with state law prohibiting the use of public funds, facilities, and employees to perform or assist a prohibited abortion or to encourage or counsel a women to have a prohibited abortion. Additionally, the inspection and investigation reports shall be available to the public, provided that information not subject to disclosure under the law be redacted.

2.      SB 801 (Sen. Sater)

This act may be known as the "Supporting and Strengthening Families Act." It provides that during a child protective investigation that does not result in an out-of-home placement, the child protective investigator shall provide information to the parent about community service programs that provide support services for families in crisis.

Additionally, a parent or legal custodian of a child may delegate to an attorney-in-fact, without compensation, any powers regarding the care and custody of a child for a period not to exceed one year, unless an exception applies as specified in the act. Such delegation shall not deprive the parent or legal custodian of any parental or legal authority regarding the care and custody of the child, and can be revoked at any time.

A child subject to the power of attorney shall not be considered placed in foster care and the parties shall not be subject to any licensing regulations for foster care or community care for children.

Finally, this act specifies the information to be included on a form delegating any powers regarding the care and custody of a child under this act.

3.      SB 802 (Sen. Sater)

This act prohibits any person from performing or inducing an abortion on a woman if the person knows that the woman is seeking the abortion solely because of a prenatal diagnosis, test, or screening indicating Down Syndrome or the potential of Down Syndrome in an unborn child. Additionally, under current law all attending physicians must complete an abortion report for each abortion performed. This act requires the physician to include in that report a certification that the physician does not have any knowledge that the woman sought the abortion solely because of a prenatal diagnosis, test, or screening indicating Down Syndrome or the potential of Down Syndrome in an unborn child. Any physician or other person who violates the provisions of this act shall be guilty of a Class A misdemeanor and subject to civil liability and revocation of his or her professional license.

 

4.      SB 883 (Sen. Riddle)

This act requires in-state abortion facilities or family planning agencies to provide specified printed materials when providing to a woman considering an abortion the name, address, telephone number, or website of an abortion provider who or which is located out of state. If the provision of the abortion provider's contact information is not made in person to the woman, the abortion facility or family planning agency shall offer the printed materials to the woman and if she chooses, send the materials to her through the U.S. mail at no cost to the woman.

 

HOUSE BILLS

All house bill summaries are in PDF format, making it difficult to copy and paste. I have provided a brief summary of each bill. You can follow the hyperlink for the full bill summary in PDF.

1.      HB 1370 (Rep. Rocky Miller)

Changes the rules for performing an abortion on a minor child. The physician must have the “informed written consent of the minor and one parent or guardian of the minor.”

2.      HB 1714 (Rep. Tila Hubrecht)

Creates the “Unborn Child Protection from Dismemberment Act.” This bill would make it unlawful for anyone to perform a dismemberment abortion “unless necessary to prevent serious health risk to the unborn child’s mother.” Would allow anyone accused of such an abortion to request a hearing before the State Board of Registration for the Healing Arts to determine if said abortion was necessary to prevent a serious health risk to the mother.

3.      HB 1815 (Rep. Andrew Koenig)

The is bill makes it unlawful to perform or attempt to perform an abortion solely on the basis of the unborn child’s sex, genetic abnormality, or potential risk of genetic abnormality. Establishes that a physician who performs such an abortion is to have their medical license revoked.

4.      HB 1908 (Rep. Stacey Newman)

Establishes the Compassionate Assistance for Rape Emergencies act, which provides that victims of rape must be informed of their rights to emergency contraception and be provided with such contraception.

5.      HB 1953 (Rep. Kathryn Swan)

This bill is identical to SB 644 (see above)

6.      HB 1968 (Rep. Sonya Anderson)

Establishes that no physician must perform an abortion on a minor without notarized, written consent from both the minor and one of her parents or guardians. The physician must also obtain government issued proof that they are the legal guardian of the minor in question.

7.      HB 2068 (Rep. Diane Franklin)

Has similar language to SB 644 (see above) regarding the sale or donation of fetal tissue and organs.

8.      HB 2069 (Rep. Diane Franklin)

Provides whistleblower protections for employees of institutions that handle fetal remains.

9.      HB 2070 (Rep. Diane Franklin)

Changes the definition of “remains of a human fetus” to “remains of the dead offspring of a human being that has reached a stage of development so that there are cartilaginous structures or fetal or skeletal parts after an abortion or miscarriage…”

10.  HB 2070 (Rep. Diane Franklin)

Has similar language to SB 644 (above) regarding abortion tissue reporting requirements.

11.  HB 2127 (Rep. Tom Hurst)

Makes it a felony to transport a minor across state lines to receive an abortion without the prior consent of the parents or guardians. Explicitly states that it is not a defense that the abortion was performed legally in the state to which the minor was transported.

12.  HB 2247 (Rep. Jeffrey Messenger)

This bill prohibits public funds or governmental economic incentives to be used for any existing or proposed project involving abortion services, human cloning, or “prohibited human research.”

13.  HB 2328 (Rep. Rick Brattin)

Requires all fetal tissue be sent to a pathologist, rather than just a representative sample. Similar to SB 644 (above).

14.  HB 2371 (Rep. Andrew Koenig)

This bill is nearly identical to SB 644.

15.  HJR 98 (Rep. Mike Moon)

Proposes a State Constitutional amendment that adds “unborn human children at every stage of natural development…to the list of people who have a natural right to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry in Missouri.” Also declares that nothing in the Missouri Constitution provides a right to have an abortion and that the people have a right, through their elected officials, to “enact, amend, or repeal statutes regarding abortion, including circumstances of pregnancy resulting from rape or incest or if necessary to save the life of the mother.”

16.  HB 1794 (Rep. Mike Moon)

This establishes the “All Lives Matter” act, which states that all life begins at conception and that all unborn children are people. Also repeals the statute acknowledging the supremacy of the U.S. Constitution and U.S. Supreme Court over state law. Requires law enforcement, officers of the court, and “any licensed or state regulatory entities” to “affirmatively enforce Article I, Section 10 of the Constitution of Missouri, which specifies that no person must be deprived of life, liberty, or property without due process of law.”