HB 156 -- Informed Consent for Abortion

Co-Sponsors:  Phillips, Reinhart, Baker, Ervin, Muckler,
Cunningham (86)

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

Except in the case of a medical emergency, the bill 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.

Prior to or 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 bill 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 bill.

The bill also requires persons performing abortions to furnish
and maintain proof of financial responsibility to the department.
Proof of financial responsibility is defined as one of the
following:

(1)  A written certificate from an insurance carrier certifying
that a medical malpractice insurance policy is in effect, with
limits of at least $5,000 per occurrence and $1 million per year
in the aggregate;

(2)  A bond of a surety company conditioned for payments in the
amount of at least $5,000 per occurrence and $1 million per year
in the aggregate; or

(3)  A certificate from the State Treasurer that the individual
named in the certificate has deposited $500,000 in cash or bonds
with a fair market value of $500,000 with the State Treasurer.
The deposit of cash or bonds must be accompanied by evidence that
no unsatisfied judgments exist against the depositor.

Individuals who provide proof of financial responsibility through
a medical malpractice insurance policy or a surety bond must file
a certificate annually with the department.  The certificate must
indicate that the policy or bond remains in force and effect
without any decrease in coverage or amount of bond below the
statutory minimums.  Insurers and sureties cannot cancel
insurance policies or surety bonds except after giving 10 days'
notice to the director of the department.  Depositors cannot
withdraw deposits with the State Treasurer without furnishing
proof of financial responsibility in the form of a malpractice
insurance policy or a surety bond.  The bill prohibits abortion
facilities and hospitals from employing the services of a person
to perform abortions if the person has not furnished or
maintained proof of financial responsibility.

The provisions dealing with proof of financial responsibility
become effective January 1, 2004.

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