HCS HB 156 -- INFORMED CONSENT FOR ABORTION

SPONSOR:  Holand (Phillips)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Health
Care Policy by a vote of 10 to 4.

This substitute revises the provision pertaining to informed
consent for an abortion.

Except in the case of a medical emergency, the substitute
prohibits a person from performing or inducing an abortion unless
the treating physician has conferred with the patient and
discussed the indicators and contra-indicators of the proposed
abortion or drug or drugs used for the abortion, considering a
woman's medical history and medical condition.  The conference
between the treating physician and the patient must occur at
least 24 hours before performing or inducing an abortion.

For an abortion induced by drug or drugs, one conference between
the treating physician and the patient must occur 24 hours prior
to the writing or communication of the first prescription for a
drug or drugs which are used to induce an abortion.

During the conference, the patient is required to be screened for
risk factors, which include any physical, psychological, or
situational factors which would predispose the patient to, or
increase the risk of, experiencing one or more adverse physical,
emotional, or other health reactions to an abortion or drug or
drugs used.

The substitute requires that at the end of the conference, the
treating physician and the patient are required to sign a written
statement certifying that the screening and discussion have
occurred and that the woman gave her informed consent freely and
without coercion.  All executed statements will be maintained in
the patient's medical file which are subject to the
confidentiality laws of Missouri.

The Department of Health and Senior Services is required to
develop a model form that will be used by treating physicians.
In the absence of the model form, treating physicians are not
exempt from the requirements of the substitute.

The substitute also requires persons performing abortions to
furnish and maintain proof of medical malpractice insurance with
coverage amounts of at least $500,000.  Abortion facilities and
hospitals are prohibited from employing the services of a person
to perform abortions if the person has not furnished or
maintained proof of medical malpractice insurance.

A person who does not maintain medical malpractice insurance will
be subject to additional sanctioning of their license,
certificate, or permit.

The provisions concerning proof of medical malpractice insurance
become effective January 1, 2004.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that many abortions are performed on
women without adequate discussions of the procedures involved and
the possibility of side effects such as reactions to certain
medications and post-abortion syndrome.  Physicians have a
central role in providing sound medical information to patients.
The bill will provide women with advanced medical consultation
24-hours prior to the performance of an abortion which will make
it more likely that the consent given by a woman is based on all
available information and is freely given.  The bill will not
place undue economic and emotional burdens on women.

Testifying for the bill were Representative Phillips; Missouri
Right to Life; Concerned Women of America; Lori K. Driggs; Becki
Rockers; Tina L. Tiemann; Leslie Callison; Missouri Catholic
Conference; Campaign Life of Missouri; Missouri Family Network;
Melanie L. Mills; and Jason Craddock.

OPPONENTS:  Those who oppose the bill say that every woman has
the right to determine her reproductive choices.  Women have
different social-psychological responses to certain events.  The
bill will result in reducing the already low numbers of
physicians who perform abortions in Missouri and will create
undue economic and emotional burdens on low to moderate income
women.  The bill will make access to other reproductive health
care services more difficult for women in Missouri.

Testifying against the bill were Missouri Religious Coalition for
Reproductive Choice; Black Women's Health Council; ACLU of
Eastern Missouri; National Organization for Women; Women's
Network; Planned Parenthood of Mid-Missouri, Kansas City and the
St. Louis Regions; Greater Kansas City Women's Political Caucus;
Tri-Rivers Planned Parenthood; and National Abortion and
Reproductive Rights Action League of Missouri.

Joseph Deering, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:11 am