FIRST REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 100

93RD GENERAL ASSEMBLY

     Reported from the Committee on the Judiciary and Civil and Criminal Jurisprudence, May 9, 2005, with recommendation that the Senate Committee Substitute do pass.

TERRY L. SPIELER, Secretary.

0342S.02C

AN ACT

To repeal sections 188.080 and 197.200, RSMo, and to enact in lieu thereof two new sections relating to abortion, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

            Section A.  Sections 188.080 and 197.200, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 188.080 and 197.200, to read as follows:

            188.080.  Notwithstanding any other penalty provision in this chapter, any person who is not a licensed physician as defined in section 188.015 who performs or induces or attempts to perform or induce an abortion on another as defined in subdivision (1) of section 188.015, is guilty of a [class B felony] class A misdemeanor, and, upon conviction, shall be punished as provided by law.  Any physician performing or inducing an abortion who does not have [surgical] clinical privileges at a hospital which offers obstetrical or gynecological care located within thirty miles of the location at which the abortion is performed or induced shall be guilty of a [class B felony] class A misdemeanor, and, upon conviction shall be punished as provided by law.

            197.200.  As used in sections 197.200 to 197.240, unless the context clearly indicates otherwise, the following terms mean:

            (1)  "Ambulatory surgical center", any public or private establishment operated primarily for the purpose of performing surgical procedures or primarily for the purpose of performing childbirths or any establishment operated for the purpose of performing or inducing any second or third-trimester abortions or five or more first-trimester abortions per month, and which does not provide services or other accommodations for patients to stay more than twenty-three hours within the establishment, provided, however, that nothing in this definition shall be construed to include the offices of dentists currently licensed pursuant to chapter 332, RSMo;

            (2)  "Dentist", any person currently licensed to practice dentistry pursuant to chapter 332, RSMo;

            (3)  "Department", the department of health and senior services;

            (4)  "Governmental unit", any city, county or other political subdivision of this state, or any department, division, board or other agency of any political subdivision of this state;

            (5)  "Person", any individual, firm, partnership, corporation, company, or association and the legal successors thereof;

            (6)  "Physician", any person currently licensed to practice medicine pursuant to chapter 334, RSMo;

            (7)  "Podiatrist", any person currently licensed to practice podiatry pursuant to chapter 330, RSMo.

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