Missouri Right To Life

General Counsel

This is a summary of the statutes listed below. The terms are not quoted verbatim but are paraphrased. Analysis follows certain statutes.

Citation Description

1.205.1(2) Unborn children have protectible interests in life, health and well-being.

1.205.1(3) Natural parents have protectible interests in life, health and well-being of their unborn children. (Current court decisions would hold it invalid as to fathers attempting to protect their unborn children from abortion.)

1.205.2 All Missouri laws to be interpreted to acknowledge unborn children have all rights available to other persons.

Chapter 188: Regulation of abortions

188.010 General assembly intends to protect right to life and regulate abortions to extent permitted by U. S. Constitution & federal laws

188.015 Definitions
(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
             (3) Conception
             (4) Gestational age
             (5) Physician
             (6) Unborn child
             (7) Viability

188.020 Only physicians may perform abortions.

188.025 Hospitalization required for abortions when unborn child is 16 weeks in gestational age. [Federal courts have held this invalid.]

188.027 Written consent required for abortion.

188.028.1 For abortion on woman under 18, consent of one parent/guardian or a court order is required.

.2 Procedure for obtaining court order.

.3 Minor desiring abortion should sign written consent. No abortion to be done on minor against her will, unless court finds it is needed to preserve the life of the minor.

188.029 For unborn child thought to be 20 weeks in gestational age or older, doctor to ascertain viability, make necessary tests to make findings on gestational age, weight, and lung maturity, and enter findings into medical record.

188.030.1 Abortion of viable child requires need to preserve life or health of the woman. Doctor to make written certification of medical indications for abortion, probable health consequences, and the need for the abortion.

.2 For abortion of viable child, doctor to use method best designed to save the child's life unless it would present greater risk to woman's health than another method. Doctor to certify reasons for choice of method.

.3 For abortion of viable child, second doctor to be in attendance to care for child if aborted alive, so long as no increased risk to life or health of the woman.

188.035 Anyone who takes the life of a child aborted alive is guilty of second degree murder.

188.036.1 No doctor to perform abortion if knows child was conceived to provide organs or tissue for transplant and if knows that woman intends to procure the abortion to use the fetal organs or tissue for transplant.

.2 No one to use fetal tissue resulting from an abortion for transplantation if knows that the abortion was procured
for this purpose.

.3 No one to offer any inducement to a woman or prospective father of a child for conceiving an unborn child for medical, scientific, experimental, or therapeutic use of fetal tissue.

.4 No one to offer inducement to mother or father of unborn child to procure abortion for medical, scientific, experimental, or therapeutic use of fetal organs or tissue.

.5 No one to offer any valuable consideration for fetal tissue resulting from an abortion, except for burial fees, pathological exams, or post mortem exams.

.6 Severability of provisions of this section.

188.037 No one to use fetus or child aborted alive for any experiment or research except to preserve its life or health.

188.039.1 Doctor to certify woman's consent to abortion after presenting her with the information contained in 188.039.2.

       .2 Doctor to tell woman, who shall sign an acknowledgment of receiving, the following information--
             -- whether or not she is pregnant;
             -- the particular risks of the abortion procedure; and
             -- alternatives to abortion.
          [Federal courts held .2 invalid in 1980's, but if brought to the courts again, would probably be OK under Casey
          decision.]

.3 Doctor may inform woman of anything else, or explain anything above, when reasonably necessary for informed consent for abortion, with full knowledge of its nature and consequences.

188.047 Sample of tissue removed during abortion to be provided for pathological exam and report to state department of health.

188.052.1 Doctor to complete abortion report for each one performed.

       .2 Complication report to be completed by the doctor, including:
             -- date of abortion;
             -- name & address of abortion facility where performed;
             -- nature of the complication diagnosed or treated.

.3 Abortion and complication reports to be signed, submitted to state department of health.

.4 Copy of abortion report to be made part of patient's medical record at the facility or hospital where performed.

.5 State department of health to publish annual statistical report on data from the above reports.

188.055.1 State department of health to provide all facilities, hospitals, and doctors with consents and reports required by 188.010-188.085.

.2 All info on above reports collected from patients shall remain confidential, used only for statistical purposes.

188.060 Medical records and above reports to remain in permanent records of facility, or hospital for seven years.

188.065 Any health professional who willfully violates 188.010-188.085 shall be subject to having license revoked.

188.070 Breach of confidentiality of above records & reports is misdemeanor.

188.075 Violation of 188.010-188.085 is a Class A misdemeanor.

188.080 Notwithstanding any other penalty, a nonphysician who performs an abortion commits a Class B felony, and a doctor who performs an abortion without having surgical privileges at a hospital offering obstetrical & gynecological care commits a Class B felony.

188.085 Nothing in 188.010-188.085 exempts anyone from liability for medical malpractice.

188.100   Definitions:
             (1) Employer
             (2) Participate in abortion
             (3) Person

188.105.1 It is unlawful
             (1) For employer:
                 (a) To discriminate in hiring, firing, compensation, terms, conditions of employment because of refusal to participate in abortion;
                 (b) To adversely affect status of person as employee, or classify employees or applicants in any way that tends to deprive person of employment, because of refusal to participate in abortion;
                 (c) To fire or discriminate against any person for opposing practices in violation of 188.100-188.120 or for helping or pursuing a legal proceeding under 188.100-188.120;

(2) For anyone else to aid, incite, compel, or coerce anything forbidden under 188.100-188.120, or attempt to do so.

188.110.1 Ban on colleges & hospitals discriminating against anyone for refusing to participate in abortion.

188.110.2 Ban on involuntary payment of school fees which will be used to fund abortions.

188.115 Severability of provisions of 188.100-188.120.

188.120 Treble damages for anyone who is the victim of banned acts under 188.100-188.120.

188.130.1 No civil action for damages on the theory that but for negligent conduct of another, oneself would have been aborted. [NOTE: This is called a "wrongful life" suit in the case law.]

.2 No civil action for damages on the theory that but for negligent conduct of another, a child would have been aborted. [NOTE: This is called a "wrongful birth" suit in the case law.]

188.200   Definitions
             (1) Public employee
             (2) Public facility
             (3) Public funds

188.205 State public funds cannot be used for abortion or to counsel for or encourage abortions not necessary to save a woman's life.

NOTE: As interpreted by Attorney General of Missouri in Webster litigation, the phrase "counsel or encourage" applies only to the fiscal officers who write the checks, not to any other employees. It does not apply to the conduct of state-employed health professionals and private nonprofit corporations providing abortion services. Thus, it is a "dead letter" for all practical purposes.

188.210 State & local employees, while on duty, cannot participate in abortions or counsel for or encourage abortion. [NOTE: The Attorney General's interpretation of "counsel or encourage" would apply here, too. See commentary after 188.205.]

188.215 Public facilities cannot be used for abortion or to counsel for or encourage abortion. [NOTE: The Attorney General's interpretation of "counsel or encourage" would apply here, too. See commentary after 188.205.]

188.220 Any taxpayer may sue for violations of 188.205-188.215.

188.230 Nothing in H.B.364 (1993) is intended to authorize anyone other than a doctor to perform an abortion.

Miscellaneous statutes on abortion

191.320 Genetic diagnostic & counseling clinics may not refer for abortions unless a doctor certifies that the life of the mother is endangered if the child is carried to term.

197.032 No health professional or hospital is required to treat or admit a woman for an abortion, and none is liable in a lawsuit for such refusal. No person or institution to be discriminated against because of refusal to consent to or to assist in an abortion. Civil action established for violation.

197.215.1 At ambulatory surgical centers, all members of the surgical staff must be licensed to practice in Missouri, and the doctors must have privileges to perform surgery in at least one licensed hospital in the community. [This applies to free-standing abortion clinics.]

208.152.1(14) Ban on Medicaid funding of abortions, with exception for life of the mother. [However, Under the 1994 federal court decision in Stangler v. Shalala, U. S. District Court for the Western District of Missouri, the State of Missouri is compelled by federal law to provide Medicaid abortions in cases of rape and incest as well.]

376.805 Coverage of abortion by health insurance policies, plans, & contracts requires a separate rider and premium.

MISSOURI STATUTES ON ABORTION