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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : PUBLIC HEALTH AND WELFARE
Chapter : Chapter 188 Regulation of Abortions
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Unless the language or context clearly indicates a different
meaning is intended, the following words or phrases for the purposes of
sections 188.010 to 188.130 shall be given the meaning ascribed to them:
(1) "Abortion", the intentional destruction of the life of an embryo or
fetus in his or her mother's womb or the intentional termination of the
pregnancy of a mother with an intention other than to increase the
probability of a live birth or to remove a dead or dying unborn child;
(2) "Abortion facility", a clinic, physician's office, or any other place
or facility in which abortions are performed other than a hospital;
(3) "Conception", the fertilization of the ovum of a female by a sperm of
a male;
(4) "Gestational age", length of pregnancy as measured from the first day
of the woman's last menstrual period;
(5) "Physician", any person licensed to practice medicine in this state
by the state board of registration of the healing arts;
(6) "Unborn child", the offspring of human beings from the moment of
conception until birth and at every stage of its biological development,
including the human conceptus, zygote, morula, blastocyst, embryo, and
fetus;
(7) "Viability", that stage of fetal development when the life of the
unborn child may be continued indefinitely outside the womb by natural or
artificial life-supportive systems. (L. 1974 H.B. 1211 § 2, A.L. 1979
H.B. 523, et al., A.L. 1986 H.B. 1596)
CROSS REFERENCE: Life begins at conception, RSMo 1.205
No person shall perform or induce an abortion except a
physician. (L. 1974 H.B. 1211 § 3, A.L. 1979 H.B. 523, et al.)
Effective 6-29-79
Every abortion performed at sixteen weeks gestational age or
later shall be performed in a hospital. (L. 1974 H.B. 1211 § 4, A.L. 1979
H.B. 523, et al., A.L. 1986 H.B. 1596)
(1981) A requirement that second trimester dilation and evacuation
abortions be performed in hospital is unconstitutional because the court
found that an outpatient procedure was no more dangerous to maternal
health than a hospital procedure while being far less expensive. Planned
Parenthood v. Ashcroft (8th Cir.), 664 F.2d 687.
(1983) The second-trimester hospitalization requirement of this statute
is unconstitutional because it unreasonably infringes upon a woman's
constitutional right to obtain an abortion. Planned Parenthood of Kansas
City, Mo. v. Ashcroft, 103 S.Ct. 2517.
(1987) United States District Court for the Western District of Missouri
Central Division, on March 17, 1987, held that section 188.025 was
unconstitutional and the state was permanently enjoined from enforcing
this provision. Reproductive Health Services v. William L. Webster, 655
F.Supp. 1300 (W.D. Mo.).
(1988) United States Court of Appeals for the Eighth Circuit affirmed the
district court's judgment that this section is unconstitutional.
Reproductive Health Services v. William L. Webster, 851 F.2d 1071 (8th
Cir.).
No abortion shall be performed except with the prior, informed
and written consent freely given of the pregnant woman. (L. 1979 H.B.
523, et al.)
Effective 6-29-79
1. No person shall knowingly perform an abortion upon a pregnant
woman under the age of eighteen years unless:
(1) The attending physician has secured the informed written consent of
the minor and one parent or guardian; or
(2) The minor is emancipated and the attending physician has received the
informed written consent of the minor; or
(3) The minor has been granted the right to self-consent to the abortion
by court order pursuant to subsection 2 of this section, and the
attending physician has received the informed written consent of the
minor; or
(4) The minor has been granted consent to the abortion by court order,
and the court has given its informed written consent in accordance with
subsection 2 of this section, and the minor is having the abortion
willingly, in compliance with subsection 3 of this section.
2. The right of a minor to self-consent to an abortion under subdivision
(3) of subsection 1 of this section or court consent under subdivision
(4) of subsection 1 of this section may be granted by a court pursuant to
the following procedures:
(1) The minor or next friend shall make an application to the juvenile
court which shall assist the minor or next friend in preparing the
petition and notices required pursuant to this section. The minor or the
next friend of the minor shall thereafter file a petition setting forth
the initials of the minor; the age of the minor; the names and addresses
of each parent, guardian, or, if the minor's parents are deceased and no
guardian has been appointed, any other person standing in loco parentis
of the minor; that the minor has been fully informed of the risks and
consequences of the abortion; that the minor is of sound mind and has
sufficient intellectual capacity to consent to the abortion; that, if the
court does not grant the minor majority rights for the purpose of consent
to the abortion, the court should find that the abortion is in the best
interest of the minor and give judicial consent to the abortion; that the
court should appoint a guardian ad litem of the child; and if the minor
does not have private counsel, that the court should appoint counsel. The
petition shall be signed by the minor or the next friend;
(2) A hearing on the merits of the petition, to be held on the record,
shall be held as soon as possible within five days of the filing of the
petition. If any party is unable to afford counsel, the court shall
appoint counsel at least twenty-four hours before the time of the
hearing. At the hearing, the court shall hear evidence relating to the
emotional development, maturity, intellect and understanding of the
minor; the nature, possible consequences, and alternatives to the
abortion; and any other evidence that the court may find useful in
determining whether the minor should be granted majority rights for the
purpose of consenting to the abortion or whether the abortion is in the
best interests of the minor;
(3) In the decree, the court shall for good cause:
(a) Grant the petition for majority rights for the purpose of consenting
to the abortion; or
(b) Find the abortion to be in the best interests of the minor and give
judicial consent to the abortion, setting forth the grounds for so
finding; or
(c) Deny the petition, setting forth the grounds on which the petition is
denied;
(4) If the petition is allowed, the informed consent of the minor,
pursuant to a court grant of majority rights, or the judicial consent,
shall bar an action by the parents or guardian of the minor on the
grounds of battery of the minor by those performing the abortion. The
immunity granted shall only extend to the performance of the abortion in
accordance herewith and any necessary accompanying services which are
performed in a competent manner. The costs of the action shall be borne
by the parties;
(5) An appeal from an order issued under the provisions of this section
may be taken to the court of appeals of this state by the minor or by a
parent or guardian of the minor. The notice of intent to appeal shall be
given within twenty-four hours from the date of issuance of the order.
The record on appeal shall be completed and the appeal shall be perfected
within five days from the filing of notice to appeal. Because time may be
of the essence regarding the performance of the abortion, the supreme
court of this state shall, by court rule, provide for expedited appellate
review of cases appealed under this section.
3. If a minor desires an abortion, then she shall be orally informed of
and, if possible, sign the written consent required by section 188.039 in
the same manner as an adult person. No abortion shall be performed on any
minor against her will, except that an abortion may be performed against
the will of a minor pursuant to a court order described in subdivision
(4) of subsection 1 of this section that the abortion is necessary to
preserve the life of the minor. (L. 1979 H.B. 523, et al., A.L. 1986 H.B.
1596)
(1981) Provisions of statute requiring notice to parents of all minors
seeking abortions is unconstitutional because it requires notice to the
parents of minors who are mature or minors for whom it is not in their
best interest to give notice. Planned Parenthood v. Ashcroft (8th Cir.)
655 F.2d 848.
(1983) Statute requiring minors to obtain parental or judicial consent to
obtain an abortion is constitutional as interpreted in Planned Parenthood
v. Ashcroft, 655 F.2d 848 (8th Cir. 1981). Planned Parenthood of Kansas
City, Mo. v. Ashcroft, 103 S.Ct. 2517.
(1985) Requirement that unemancipated minor secure parental consent or
court ordered right to self-consent in order to obtain abortion is
constitutional. C.L.G. v. Webster, 616 F.Supp. 1182 (D.C. Mo.).
(1986) This section held constitutionally valid. T.L.J. v. Webster, 792
F.2d 734 (8th Cir.).
Before a physician performs an abortion on a woman he has reason
to believe is carrying an unborn child of twenty or more weeks
gestational age, the physician shall first determine if the unborn child
is viable by using and exercising that degree of care, skill, and
proficiency commonly exercised by the ordinarily skillful, careful, and
prudent physician engaged in similar practice under the same or similar
conditions. In making this determination of viability, the physician
shall perform or cause to be performed such medical examinations and
tests as are necessary to make a finding of the gestational age, weight,
and lung maturity of the unborn child and shall enter such findings and
determination of viability in the medical record of the mother. (L. 1986
H.B. 1596)
(1987) United States District Court for the Western District of Missouri
Central Division, on March 17, 1987, held that the second and final
sentence of section 188.029 was unconstitutional and the state was
permanently enjoined from enforcing this provision. Reproductive Health
Services v. William L. Webster, 655 F.Supp. 1300 (W.D. Mo.).
(1988) United States Court of Appeals for the Eighth Circuit affirmed the
district court's judgment that the requirement that doctors determine
gestational age and fetal weight and lung maturity is unconstitutional.
Reproductive Health Services v. William L. Webster, 851 F.2d 1071 (8th
Cir.).
(1989) Where tests required by statute would increase expense of abortion
and statute regulates discretion of physicians in determining viability
of fetuses, statute permissibly furthers state's interest in protecting
potential human life and is not unconstitutional. Webster v. Reproductive
Health Services, 109 S.Ct. 3040.
1. No abortion of a viable unborn child shall be performed
unless necessary to preserve the life or health of the woman. Before a
physician may perform an abortion upon a pregnant woman after such time
as her unborn child has become viable, such physician shall first certify
in writing that the abortion is necessary to preserve the life or health
of the woman and shall further certify in writing the medical indications
for such abortion and the probable health consequences.
2. Any physician who performs an abortion upon a woman carrying a viable
unborn child shall utilize the available method or technique of abortion
most likely to preserve the life and health of the unborn child. In cases
where the method or technique of abortion which would most likely
preserve the life and health of the unborn child would present a greater
risk to the life and health of the woman than another available method or
technique, the physician may utilize such other method or technique. In
all cases where the physician performs an abortion upon a viable unborn
child, the physician shall certify in writing the available method or
techniques considered and the reasons for choosing the method or
technique employed.
3. An abortion of a viable unborn child shall be performed or induced
only when there is in attendance a physician other than the physician
performing or inducing the abortion who shall take control of and provide
immediate medical care for a child born as a result of the abortion.
During the performance of the abortion, the physician performing it, and
subsequent to the abortion, the physician required by this section to be
in attendance, shall take all reasonable steps in keeping with good
medical practice, consistent with the procedure used, to preserve the
life and health of the viable unborn child; provided that it does not
pose an increased risk to the life or health of the woman. (L. 1974 H.B.
1211 § 5, A.L. 1979 H.B. 523, et al.)
Effective 6-29-79
(1983) Requirement of a second doctor during a second-trimester abortion
is constitutional. Planned Parenthood of Kansas City, Mo. v. Ashcroft,
103 S.Ct. 2517.
For purposes of section 188.028, the term "next friend" shall
not include another minor child, or any entity or person in an individual
or representative capacity that has a financial interest or potential
gain from the proposed abortion, or any employee of or volunteer for such
entity or person. (L. 2005 1st Ex. Sess. S.B. 1)
Effective 9-15-05
Whoever, with intent to do so, shall take the life of a child
aborted alive, shall be guilty of murder of the second degree. (L. 1974
H.B. 1211 § 6, A.L. 1979 H.B. 523, et al.)
Effective 6-29-79
1. No physician shall perform an abortion on a woman if the
physician knows that the woman conceived the unborn child for the purpose
of providing fetal organs or tissue for medical transplantation to
herself or another, and the physician knows that the woman intends to
procure the abortion to utilize those organs or tissue for such use for
herself or another.
2. No person shall utilize the fetal organs or tissue resulting from an
abortion for medical transplantation, if the person knows that the
abortion was procured for the purpose of utilizing those organs or tissue
for such use.
3. No person shall offer any inducement, monetary or otherwise, to a
woman or a prospective father of an unborn child for the purpose of
conceiving an unborn child for the medical, scientific, experimental or
therapeutic use of the fetal organs or tissue.
4. No person shall offer any inducement, monetary or otherwise, to the
mother or father of an unborn child for the purpose of procuring an
abortion for the medical, scientific, experimental or therapeutic use of
the fetal organs or tissue.
5. No person shall knowingly offer or receive any valuable consideration
for the fetal organs or tissue resulting from an abortion, provided that
nothing in this subsection shall prohibit payment for burial or other
final disposition of the fetal remains, or payment for a pathological
examination, autopsy or postmortem examination of the fetal remains.
6. If any provision in this section or the application thereof to any
person, circumstance or period of gestation is held invalid, such
invalidity shall not affect the provisions or applications which can be
given effect without the invalid provision or application, and to this
end the provisions of this section are declared severable. (L. 1988 H.B.
1479)
No person shall use any fetus or child aborted alive for any
type of scientific, research, laboratory or other kind of experimentation
either prior to or subsequent to any abortion procedure except as
necessary to protect or preserve the life and health of such fetus or
child aborted alive. (L. 1979 H.B. 523, et al.)
Effective 6-29-79
1. For purposes of this section, "medical emergency" means a
condition which, on the basis of the physician's good faith clinical
judgment, so complicates the medical condition of a pregnant woman as to
necessitate the immediate abortion of her pregnancy to avert her death or
for which a delay will create a serious risk of substantial and
irreversible impairment of a major bodily function.
2. Except in the case of medical emergency, no person shall perform or
induce an abortion unless at least twenty-four hours prior thereto a
treating physician has conferred with the patient and discussed with her
the indicators and contraindicators, and risk factors including any
physical, psychological, or situational factors for the proposed
procedure and the use of medications, including but not limited to
mifepristone, in light of her medical history and medical condition. For
an abortion performed or an abortion induced by a drug or drugs, such
conference shall take place at least twenty-four hours prior to the
writing or communication of the first prescription for such drug or drugs
in connection with inducing an abortion. Only one such conference shall
be required for each abortion.
3. The patient shall be evaluated by a treating physician during the
conference for indicators and contraindicators, risk factors including
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 the
proposed procedure or drug or drugs in either the short or long term as
compared with women who do not possess such risk factors.
4. At the end of the conference, and if the woman chooses to proceed with
the abortion, a treating physician shall sign and shall cause the patient
to sign a written statement that the woman gave her informed consent
freely and without coercion after the physician had discussed with her
the indicators and contraindicators, and risk factors, including any
physical, psychological, or situational factors. All such executed
statements shall be maintained as part of the patient's medical file,
subject to the confidentiality laws and rules of this state.
5. The director of the department of health and senior services shall
disseminate a model form that physicians may use as the written statement
required by this section, but any lack or unavailability of such a model
form shall not affect the duties of the physician set forth in
subsections 2 to 4 of this section. (L. 1979 H.B. 523, et al., A.L. 1986
H.B. 1596, A.L. 2003 H.B. 156)
Effective 10-11-03; see § 21.250
*This bill was vetoed on July 9, 2003. The veto was overridden on
September 11, 2003.
1. No person shall perform or induce a surgical or medical
abortion unless such person has proof of medical malpractice insurance
with coverage amounts of at least five hundred thousand dollars.
2. For the purpose of this section, "medical malpractice insurance" means
insurance coverage against the legal liability of the insured and against
loss, damage, or expense incident to a claim arising out of the death or
injury of any person as a result of the negligence or malpractice in
rendering professional service by any health care provider.
3. No abortion facility or hospital shall employ or engage the services
of a person to perform one or more abortions if the person does not have
proof of medical malpractice insurance pursuant to this section, except
the abortion facility or hospital may provide medical malpractice
insurance for the services of persons employed or engaged by such
facility or hospital.
4. Notwithstanding the provisions of section 334.100, RSMo, failure of a
person to maintain the medical malpractice insurance required by this
section shall be an additional ground for sanctioning of a person's
license, certificate, or permit. (L. 2003 H.B. 156)
Effective 1-1-04
*This bill was vetoed on July 9, 2003. The veto was overridden on
September 11, 2003.
A representative sample of tissue removed at the time of
abortion shall be submitted to a* board eligible or certified
pathologist, who shall file a copy of the tissue report with the state
department of health and senior services, and who shall provide a copy of
the report to the abortion facility or hospital in which the abortion was
performed or induced and the pathologist's report shall be made a part of
the patient's permanent record. (L. 1979 H.B. 523, et al.)
Effective 6-29-79
*Word "a" does not appear in original rolls.
(1983) Statute requiring pathology reports following all abortions is
constitutional because it is reasonably related to important
health-related state concerns. Planned Parenthood of Kansas City, Mo. v.
Ashcroft, 103 S.Ct. 2517.
1. An individual abortion report for each abortion performed or
induced upon a woman shall be completed by her attending physician.
2. An individual complication report for any post-abortion care performed
upon a woman shall be completed by the physician providing such
post-abortion care. This report shall include:
(1) The date of the abortion;
(2) The name and address of the abortion facility or hospital where the
abortion was performed;
(3) The nature of the abortion complication diagnosed or treated.
3. All abortion reports shall be signed by the attending physician, and
submitted to the state department of health and senior services within
forty-five days from the date of the abortion. All complication reports
shall be signed by the physician providing the post-abortion care and
submitted to the department of health and senior services within
forty-five days from the date of the post-abortion care.
4. A copy of the abortion report shall be made a part of the medical
record of the patient of the facility or hospital in which the abortion
was performed.
5. The state department of health and senior services shall be
responsible for collecting all abortion reports and complication reports
and collating and evaluating all data gathered therefrom and shall
annually publish a statistical report based on such data from abortions
performed in the previous calendar year. (L. 1979 H.B. 523, et al.)
Effective 6-29-79
1. Every abortion facility, hospital, and physician shall be
supplied with forms by the department of health and senior services for
use in regards to the consents and reports required by sections 188.010
to 188.085. A purpose and function of such consents and reports shall be
the preservation of maternal health and life by adding to the sum of
medical knowledge through the compilation of relevant maternal health and
life data and to monitor all abortions performed to assure that they are
done only under and in accordance with the provisions of the law.
2. All information obtained by physician, hospital, or abortion facility
from a patient for the purpose of preparing reports to the department of
health and senior services under sections 188.010 to 188.085 or reports
received by the division of health shall be confidential and shall be
used only for statistical purposes. Such records, however, may be
inspected and health data acquired by local, state, or national public
health officers. (L. 1974 H.B. 1211 § 10, A.L. 1979 H.B. 523, et al.)
Effective 6-29-79
All medical records, reports, and other documents required to be
kept under sections 188.010 to 188.085 shall be maintained in the
permanent files of the abortion facility or hospital in which the
abortion was performed for a period of seven years. (L. 1974 H.B. 1211 §
11, A.L. 1979 H.B. 523, et al.)
Effective 6-29-79
Any practitioner of medicine, surgery, or nursing, or other
health personnel who shall willfully and knowingly do or assist any
action made unlawful by sections 188.010 to 188.085 shall be subject to
having his license, application for license, or authority to practice his
profession as a physician, surgeon, or nurse in the state of Missouri
rejected or revoked by the appropriate state licensing board. (L. 1974
H.B. 1211 § 12)
Effective 6-14-74
Any physician or other person who fails to maintain the
confidentiality of any records or reports required under sections 188.010
to 188.085 is guilty of a misdemeanor and, upon conviction, shall be
punished as provided by law. (L. 1974 H.B. 1211 § 13)
Effective 6-14-74
Any person who contrary to the provisions of sections 188.010 to
188.085 knowingly performs or aids in the performance of any abortion or
knowingly fails to perform any action required by sections 188.010 to
188.085 shall be guilty of a class A misdemeanor and, upon conviction,
shall be punished as provided by law. (L. 1974 H.B. 1211 § 14, A.L. 1979
H.B. 523, et al.)
Effective 6-29-79
Any person who is not a physician who performs or induces or
attempts to perform or induce an abortion on another is guilty of a class
B felony, and, upon conviction, shall be punished as provided by law. Any
physician performing or inducing an abortion who does not have 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 A misdemeanor, and, upon
conviction shall be punished as provided by law. (L. 1974 H.B. 1211 § 15,
A.L. 1986 H.B. 1596, A.L. 2005 1st Ex. Sess. S.B. 1)
Effective 9-15-05
Nothing in sections 188.010 to 188.085 shall be construed to
exempt any person, firm, or corporation from civil liability for medical
malpractice for negligent acts or certification under sections 188.010 to
188.085. (L. 1974 H.B. 1211 § 16)
Effective 6-14-74
Unless the language or context clearly indicates a different
meaning is intended, the following words or phrases for the purposes of
sections 188.100 to 188.120 shall mean:
(1) "Employer", the state, or any political or civil subdivision thereof,
or any person employing two or more persons within the state, and any
person acting as an agent of the employer;
(2) "Participate in abortion", to perform, assist in, refer for, promote,
procure, or counsel a woman to have an abortion not necessary to save the
life of the mother; or to undergo an abortion;
(3) "Person" includes one or more individuals, partnerships,
associations, organizations, corporations, legal representatives,
trustees, trustees in bankruptcy, receivers, or other organized groups of
persons. (L. 1986 H.B. 1596)
1. It shall be unlawful:
(1) For an employer:
(a) To fail or refuse to hire or to discharge any individual, or
otherwise to discriminate against any individual with respect to his or
her compensation, terms, conditions, or privileges of employment, because
of such individual's refusal to participate in abortion;
(b) To limit, segregate, or classify his, her, or its employees or
applicants for employment in any way which would deprive or tend to
deprive any individual of employment opportunities or otherwise adversely
affect his or her status as an employee, because of such individual's
refusal to participate in abortion;
(c) To discharge, expel, or otherwise discriminate against any person
because he or she has opposed any practices forbidden under sections
188.100 to 188.120 or because he or she has filed a complaint, testified,
or assisted in any legal proceeding under sections 188.100 to 188.120;
(2) For any person, whether an employer or employee, or not, to aid,
abet, incite, compel, or coerce the doing of any of the acts forbidden
under sections 188.100 to 188.120, or to attempt to do so.
2. Notwithstanding any other provision of sections 188.100 to 188.120,
the acts proscribed in subsection 1 of this section shall not be unlawful
if there can be demonstrated an inability to reasonably accommodate an
individual's refusal to participate in abortion without undue hardship on
the conduct of that particular business or enterprise, or in those
certain instances where participation in abortion is a bona fide
occupational qualification reasonably necessary to the normal operation
of that particular business or enterprise.
3. Nothing contained in sections 188.100 to 188.120 shall be interpreted
to require any employer to grant preferential treatment to any individual
because of such individual's refusal to participate in abortion. (L. 1986
H.B. 1596)
1. No public or private college, university or hospital shall
discriminate against any person for refusal to participate in abortion.
2. No applicant, student, teacher, or employee of any school shall be
required to pay any fees that would in whole or in part fund an abortion
for any other applicant, student, teacher, or employee of that school, if
the individual required to pay the fee gives written notice to the proper
school authorities that it would be in violation of his or her conscience
or beliefs to pay for or fund abortions. The school may require the
individual to pay that part of the fees not funding abortions, if the
school makes reasonable precautions and gives reasonable assurance that
the fees that are paid are segregated from any fund for the payment of
abortions. (L. 1986 H.B. 1596)
If any provision of sections 188.100 to 188.120 is found by a
court of competent jurisdiction to be invalid or unconstitutional as
applied to a specific person or class of persons, the provisions of
sections 188.100 to 188.120 shall remain in full force and effect as to
every other person or class of persons who is otherwise covered under
these sections. (L. 1986 H.B. 1596)
Any individual injured by any person, association, corporation,
or entity by reason of any action prohibited by sections 188.100 to
188.120, as now or hereafter amended, may commence a civil cause of
action against the person, association, corporation, or entity who caused
the injury, and shall recover treble damages, including pain and
suffering, sustained by such individual, the costs of the suit and
reasonable attorney's fees. (L. 1986 H.B. 1596)
1. No person shall maintain a cause of action or receive an
award of damages on behalf of himself or herself based on the claim that
but for the negligent conduct of another, he or she would have been
aborted.
2. No person shall maintain a cause of action or receive an award of
damages based on the claim that but for the negligent conduct of another,
a child would have been aborted. (L. 1986 H.B. 1596)
(1989) Harm was not suffered until child was born and statute applied
where child was conceived prior to effective date of statute but born
after such date. Statute did not bar action for negligence against
physician alleging failure to inform mother prior to birth that her fetus
was deformed when mother alleged emotional distress from shock of
discovering such defect after birth. (Mo. banc) Shelton v. St. Anthony's
Medical Center, 781 S.W.2d 48.
As used in sections 188.200 to 188.220, the following terms mean:
(1) "Public employee", any person employed by this state or any agency or
political subdivision thereof;
(2) "Public facility", any public institution, public facility, public
equipment, or any physical asset owned, leased, or controlled by this
state or any agency or political subdivisions thereof;
(3) "Public funds", any funds received or controlled by this state or any
agency or political subdivision thereof, including, but not limited to,
funds derived from federal, state or local taxes, gifts or grants from
any source, public or private, federal grants or payments, or
intergovernmental transfers. (L. 1986 H.B. 1596 § 1)
It shall be unlawful for any public funds to be expended for the
purpose of performing or assisting an abortion, not necessary to save the
life of the mother, or for the purpose of encouraging or counseling a
woman to have an abortion not necessary to save her life. (L. 1986 H.B.
1596 § 2)
(1987) United States District Court for the Western District of Missouri
Central Division, on March 17, 1987, held that section 188.205 was
unconstitutional and the state was permanently enjoined from enforcing
this provision. Reproductive Health Services v. William L. Webster, 655
F.Supp. 1300 (W.D. Mo. 1987).
(1988) United States Court of Appeals for the Eighth Circuit held that
Missouri's ban on expenditure of public funds for purpose of performing
or assisting abortions is constitutional but the portion of the section
which prohibits the use of public funds for encouraging or counseling a
woman to have an abortion is void for vagueness. Reproductive Health
Services v. William L. Webster, 851 F.2d 1071 (8th Cir. 1988).
(1989) Where state interpretation of statute was that it was not directed
at primary conduct of physicians or health care providers but was simply
instruction to state's fiscal officers not to allocate public funds for
abortion counseling, state-employed health professionals and private
nonprofit corporations providing abortion services were no longer
adversely affected by section and there was no longer case or controversy
before a court. Webster v. Reproductive Health Services, 109 S.Ct. 3040.
It shall be unlawful for any public employee within the scope of
his employment to perform or assist an abortion, not necessary to save
the life of the mother. It shall be unlawful for a doctor, nurse or other
health care personnel, a social worker, a counselor or persons of similar
occupation who is a public employee within the scope of his public
employment to encourage or counsel a woman to have an abortion not
necessary to save her life. (L. 1986 H.B. 1596 § 3)
(1987) United States District Court for the Western District of Missouri
Central Division, on March 17, 1987, held that section 188.210 was
unconstitutional and the state was permanently enjoined from enforcing
this provision. Reproductive Health Services v. William L. Webster, 655
F.Supp. 1300 (W.D. Mo. 1987).
(1988) United States Court of Appeals for the Eighth Circuit affirmed the
district court's judgment that this section is unconstitutional.
Reproductive Health Services v. William L. Webster, 851 F.2d 1071 (8th
Cir. 1988).
(1989) United States Supreme Court reversed the holding of the lower
courts and held that prohibition of use of public funds to perform or to
assist in performing nontherapeutic abortions was not a violation of the
U.S. Constitution. Webster v. Reproductive Health Services, 109 S.Ct.
3040.
It shall be unlawful for any public facility to be used for the
purpose of performing or assisting an abortion not necessary to save the
life of the mother or for the purpose of encouraging or counseling a
woman to have an abortion not necessary to save her life. (L. 1986 H.B.
1596 § 4)
(1987) United States District Court for the Western District of Missouri
Central Division, on March 17, 1987, held that section 188.215 was
unconstitutional and the state was permanently enjoined from enforcing
this provision. Reproductive Health Services v. William L. Webster, 655
F.Supp. 1300 (W.D. Mo. 1987).
(1988) United States Court of Appeals for the Eighth Circuit affirmed the
district court's judgment that this section is unconstitutional.
Reproductive Health Services v. William L. Webster (Nos. 87-1641 and
87-2157, July 13, 1988).
(1989) United States Supreme Court reversed the holding of the lower
courts and held that prohibition of use of public funds to perform or to
assist in performing nontherapeutic abortions was not a violation of the
U.S. Constitution. Webster v. Reproductive Health Services, 109 S.Ct.
3040.
Any taxpayer of this state or its political subdivisions shall
have standing to bring suit in a circuit court of proper venue to enforce
the provisions of sections 188.200 to 188.215. (L. 1986 H.B. 1596 § 5)
Nothing in this act* is intended to authorize anyone other than
a physician to perform an abortion. (L. 1993 H.B. 564 § 34)
*"This act" (H.B. 564, 1993) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.
1. No person shall intentionally cause, aid, or assist a minor
to obtain an abortion without the consent or consents required by section
188.028.
2. A person who violates subsection 1 of this section shall be civilly
liable to the minor and to the person or persons required to give the
consent or consents under section 188.028. A court may award damages to
the person or persons adversely affected by a violation of subsection 1
of this section, including compensation for emotional injury without the
need for personal presence at the act or event, and the court may further
award attorneys' fees, litigation costs, and punitive damages. Any adult
who engages in or consents to another person engaging in a sex act with a
minor in violation of the provisions of chapter 566, 567, 568, or 573,
RSMo, which results in the minor's pregnancy shall not be awarded damages
under this section.
3. It shall not be a defense to a claim brought under this section that
the abortion was performed or induced pursuant to consent to the abortion
given in a manner that is otherwise lawful in the state or place where
the abortion was performed or induced.
4. An unemancipated minor does not have capacity to consent to any action
in violation of this section or section 188.028.
5. A court may enjoin conduct that would be in violation of this section
upon petition by the attorney general, a prosecuting or circuit attorney,
or any person adversely affected or who reasonably may be adversely
affected by such conduct, upon a showing that such conduct:
(1) Is reasonably anticipated to occur in the future; or
(2) Has occurred in the past, whether with the same minor or others, and
that it is not unreasonable to expect that such conduct will be repeated.
(L. 2005 1st Ex. Sess. S.B. 1)
Effective 9-15-05
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