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Missouri Omnibus Abortion Bill (HB 1953)

This law was last updated on Jun 28, 2016


HB 1953 is an omnibus bill that would make numerous changes to existing abortion laws in the the state of Missouri, including fetal tissue donation, reporting requirements, physician privileges, and targeted regulation of abortion providers.

Fetal Tissue Donation

This law would prohibit a mother, father, or any other person from knowingly donating or making an anatomical gift of the fetal tissue or organs obtained from an abortion procedure to any person or entity for medical, scientific, experimental, therapeutic, or any other use.

Tissue Reporting Requirements

Current law requires a tissue sample obtained from an abortion to be sent to a pathologist for examination. This law would require that all tissue removed at the time of an abortion be sent to the pathologist. In addition, all tissue reports issued by the pathologist must contain a certification that all submitted tissue has been disposed of in accordance with state law.

The law requires the Department of Health and Senior Services to make an annual report, beginning January 1, 2017, to make an annual report to the General Assembly. The report would need to include the following for each abortion procedure reported to the department:

  • The termination procedure used and a clinical estimation of gestation;
  • Whether the department received the tissue report for the abortion, along with a certification of the disposal of the remains; and
  • The existence and nature, if any, of any inconsistencies or concerns between the physician’s abortion report to the department and the pathologist’s submitted tissue report.

Physician Admitting Privileges

Current law requires any physician performing or inducing an abortion to have clinical privileges at a hospital which offers obstetrical or gynecological care located within 30 miles of where the abortion is being performed.

This law would go further and require the physician to have surgical and admitting privileges at such hospital.

Ambulatory Surgical Center Licensing

The law would prohibit the department from issuing or renewing an ambulatory surgical center license unless the applicant meets the requirements of any applicable state or federal law or regulation. In addition, the department could not waive this requirement as a condition of any litigation, settlement, or any other agreement.

Clinic Inspections

The law would require the department to conduct annual, unannounced, on-site inspections and investigations of abortion facilities. The inspections would need to at least cover the following:

  • Compliance with all statuary and regulatory requirements for an ambulatory surgical center;
  • Compliance with the requirement that all tissue removed at the time of an abortion be submitted to a pathologist and that the resultant tissue report be made a part of the patient’s record;
  • Review patient records to ensure that no consent forms or other documentation authorizes any utilization of fetal organs or tissue in violation of state law; and
  • Compliance with state law prohibiting the use of public funds, facilities, and employees to perform or assist a prohibited abortion or to encourage or counsel a woman to have a prohibited abortion.

In addition, the inspection and investigation reports must be available to the public.

STATUS

Companion bill to SB 644.


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