last updated: November 2015
XII: Public Health and Welfare — Chapter 188: Regulation of Abortions
General Provisions 1
– Section 188.010.1 — Intent of general assembly: the granting of the right to life to all humans born and unborn.
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000101.html
– Section 188.015.1 — Definitions: defines the following
– Abortion — the act of using any instrument, drug, device or any other mean to destroy the life of an embryo or fetus in the womb)
– Abortion facility — a place other than a hospital where abortions are performed or induced
– Conception — the fertilization of the sperm and egg
– Department — department of health and senior services
– Gestational age — length of pregnancy from the last menstrual period
– Medical emergency — condition where the pregnant woman needs an immediate abortion in order to avert death or irreversible damage to major bodily functions
– Physician — any person who is licensed to practice medicine
– Reasonable medical judgement — medical judgement made by physician
– Unborn child — the offspring whose life begins at conception
– Viable — stage of fetal development when life of unborn child can be continued outside the womb (by either natural or artificial life support)
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000151.html
– Section 188.020.1 — Physician requirements: no one can induce or perform an abortion except a physician
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000201.html
– Section 188.021.1 — Mifepristone requirements: the administration of mifepristone (RU-486) or any other abortion inducing drug must be done in the physician presence of the prescribing physician.
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000211.html
– Section 188.023.1 — Rape / sexual abuse under age 18: any physician who delivers a baby or induces an abortion for a woman under the age of 18 that was either raped or sexually assaulted must report the offense
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000231.html
– Section 188.025.1 — Hospital requirements: every abortion performed at 16 weeks gestational age or later must be done in a hospital
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000251.html
– Section 188.027.1 — Voluntary / informed consent, required information: no abortion can be performed without the woman’s consent, except during a medical emergency. When receiving consent, physician is required to give specific information including medical risks, alternatives to abortion, and the anatomical and physiological characteristics of the unborn child at the time of abortion.
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000271.html
– Section 188.028.1 — Abortion requirement for minors: abortions cannot be performed on women under the age of 18 unless there is written consent from the minor and at least one parent or guardian, or the minor is emancipation and granted the right to self-consent.
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000281.html
– Section 188.030.1 — Abortion prohibitions (begins January 1, 2017): abortion of a viable unborn child shall be performed except in the case of a medical emergency in order to avert death or irreversible damage to major bodily functions of the pregnant woman.
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000301.html
– Section 188.031.1 — Definition: defines “next friend” as not a minor or any person who has financial interest or potential gain from an abortion
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000311.html
– Section 188.035.1 — Penalties: whoever intentionally takes the life of an aborted child will be guilty of second degree murder.
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000351.html
– Section 188.036.1 — Prohibited abortions: no physician shall perform an abortion if the woman conceived the unborn child for the purpose of using fetal tissue or organs for medical transplantation
– See: http://www.moga.mo.gov/mostatutes/stathtml/18800000361.html
– Section 188.037.1 — Experimentation: no fetus or child aborted alive can be used for any type of research or experimentation.
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000371.html
– Section 188.039.1 — Waiting period: except in the case of a medical emergency, a pregnant woman wishing to get an abortion must wait 72 from the time the physician discusses all required information, to the time the abortion is induced or performed
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000391.html
– Section 188.043.1 — Malpractice insurance: abortions cannot be induced or performed without proof of medical malpractice insurance coverage of at leas $500
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000431.html
– Section 188.047.1 — Tissue samples: tissue samples removed during abortion must be submitted to a certified pathologist who will then file a copy of the tissue report to the department of health and senior services.
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000471.html
– Section 188.052.1 — Physician report: reports of each individual abortion must be completed by physician and made part of the medical record of the pregnant woman.
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000521.html
– Section 18.055.1 — Facility forms: every abortion facility must have informational forms supplied by the department of health and senior services.
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000551.html
– Section 188.060.1 — Record retention: medical records and reports must be maintained at the abortion facility for seven years.
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000601.html
– Section 188.065.1 — License revocation: the performance of any unlawful procedure will be subject to license rejection or revocation
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000651.html
– Section 188.070.1 — Breach of confidentiality prohibited: any physician who fails tom maintain confidentiality of records will be guilty of a misdemeanor
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000701.html
– Section 188.075.1 — Section violations: any person who induces, performs or aids an abortion contrary to the provisions of sections 188.010 to 188.085 will be guilty of a class A misdemeanor
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000751.html
– Section 188.080.1 — Felonies: any person who is not a physician that perform or induces an abortion on a pregnant woman will be guilty of a class B felony
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000801.html
– Section 188.085.1 — Exclusions: nothing in sections 188.010 to 188.085 shall be construed as exempting any person or entity from civil liability for medical malpractice
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800000851.html
– Section 188.100.1 — Definitions: defines the following terms
– Employer — the state or any person employing two or more people within the state
– Participate in abortion — to perform, aide, promote procure or counsel a pregnant woman to have an abortion that is not a medical emergency
– Person —individuals or entities, organizations, corporations, etc
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800001001.html
– Section 188.105.1 — Employee discrimination: it is unlawful for an employee to discriminate against any individual due to said individual’s refusal to participate in abortion
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800001051.html
– Section 188.110.1 — Institutional discrimination: no college, university or hospital can discriminate agains any individual refusing to participate in abortion
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800001101.html
– Section 188.115.1 — Severability clause: if any part of sections 188.100 to 188.120 are found in court to be invalid or unconstitutional, the remaining sections will still be valid
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800001151.html
– Section 188.120.1 — Violations: any individual or entity can commence a civil cause of action against a person, entity, etc
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800001201.html
– Section 188.130.1 — Wrongful life: no person can maintain a cause of action based on the claim that they, or a child, would have been aborted
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800001301.html
Public Funds, Employees and Activities
– Section 188.200.1 — Definitions: defines the following terms
– Public employee —person employed by the state
– Public facility — public institution or any space controlled by the state
– Public funds — funds received or controlled by the state
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800002001.html
– Section 188.205.1 — Public funds: it is unlawful to use public funds for performing or assisting an abortion not necessary to avert the death of the pregnant woman
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800002051.html
– Section 188.210.1 — Public employees: it is unlawful for a public employee to perform or assist an abortion not necessary to avert the death of the pregnant woman
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800002101.html
– Section 188.215.1 — Public facilities: it is unlawful to use a public facility to perform or assist an abortion not necessary to avert the death of the pregnant woman
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800002151.html
– Section 188.220.1 — Taxpayer to bring suit: any taxpayer can bring to suit enforcements of sections 188.200 to 188.215
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800002201.html
– Section 188.230.1 — Construction of law: nothing in this act authorizes anyone other than a physician to perform an abortion
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800002301.html
– Section 188.250.1 — Abortion of a minor: no person can intentionally aid a minor obtain an abortion without the proper consent(s) detailed in section 188.028
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800002501.html
Missouri Alternatives to Abortion
– Section 188.325.1 — Missouri Alternatives to Abortion Services Program: the establishment of the Alternatives Program, which provides alternatives to abortion including prenatal care, child care, adoption assistance, job training, and more.
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800003251.html
– Section 188.335.1 — Missouri Alternatives to Abortion Public Awareness Program: the establishment of the Public Awareness program with the purpose of helping pregnant women who are at risk for having an abortion to be made aware of alternative to abortion agencies
- See: http://www.moga.mo.gov/mostatutes/stathtml/18800003351.html