HS HCS HB 156 -- INFORMED CONSENT FOR ABORTION; MALPRACTICE
INSURANCE

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 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, a
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 used.

The bill requires that at the end of the conference, a treating
physician and the woman choosing to have an abortion 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, 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 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.

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