HB 100 -- Abortion Regulations

Sponsor:  Cunningham (86)

This bill adds the definitions of "department" and "medical
emergency" to the laws regarding regulation of abortions.  It
specifies that the term "next friend" as it relates to consent to
abortion for minors does not include another minor child or any
person who has a financial interest or personal gain from a
minor's decision to have an abortion.

A penalty provision is revised pertaining to the performance of
actions contrary to current law and the nonperformance of
required actions under current law.  It establishes the defense
of performing or not performing an action because of a medical
emergency.  Under current law, a physician who performs an
abortion and does not have surgical privileges at a hospital that
offers obstetrical or gynecological care is guilty of a class B
felony.  The bill specifies that a physician who performs an
abortion and does not have clinical privileges to provide
obstetrical or gynecological care at a hospital within 30 miles
of the location where the abortion is performed is guilty of a
class B felony.

The bill also prohibits a person from intentionally causing,
aiding, or assisting a minor to obtain an abortion without
consent from a parent or a judicial decree.  Any person who is
subject to the jurisdiction of the State of Missouri and violates
this provision will be civilly liable to persons adversely
affected by the action.  If civil liability is established, a
court may award damages, including compensation for emotional
injury, attorney fees, and court costs to any person adversely
affected.  However, damages may not be awarded to any person who
has committed rape or incest or has knowingly allowed rape or
incest to be committed against a minor who obtains an abortion.

A person is not allowed to assert as a defense a claim that the
abortion was performed in accordance with the required consent of
the state or the place where the abortion was performed.  The
bill also prohibits an unemancipated minor from having the
capacity to consent to any action in violation of the bill or
Section 188.028, RSMo.

A court may enjoin conduct in violation of the bill upon a
petition by the Attorney General, a prosecuting attorney, a
circuit attorney, or a person adversely affected or who may be
adversely affected.  In order for a court to enjoin any
violation, the bill requires that there must be a showing that
the conduct has occurred in the past and that it is not
unreasonable to expect that it will be repeated or that it is
reasonably anticipated to occur in the future.

An establishment that performs or induces second- or
third-trimester abortions or five or more first-trimester
abortions per month is added to the definition of "ambulatory
surgical center" for the purpose of regulating these centers.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:18 pm