HS HCS HB 156 -- INFORMED CONSENT FOR ABORTION (Phillips)

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
a 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 a
treating physician and the patient must occur at least 24 hours
before performing or inducing an abortion.

Before an abortion is performed or induced by a drug or drugs,
one conference between a 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, a
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 may provide medical malpractice insurance for the
services of persons employed at their facilities.  However, these
facilities 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 his or her license,
certificate, or permit.

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

FISCAL NOTE:  No impact on state funds.

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