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Tag Archives: HB2

99th General Assembly, 2nd Extraordinary Session – HB 1, HB 2, HB 3, HB 6, HB 7, HB 9, HB 14 – interfering in reproductive choice

13 Tuesday Jun 2017

Posted by Michael Bersin in Missouri General Assembly, Missouri House

≈ 1 Comment

Tags

abortion, Eric Greitens, General Assembly, governor, HB1, HB14, HB2, HB3, HB6, HB7, HB9, missouri

The General Assembly is in its second extraordinary session called by the governor, by news accounts costing the taxpayers of Missouri $20,000.00 a day. The subject is abortion.

Bills introduced by the anti-choice republican majority:

HB 1 — PAIN CAPABLE UNBORN CHILD PROTECTION [pdf]
SPONSOR: Lichtenegger
This bill creates the “Pain Capable Unborn Child Protection Act” which specifies that no abortion may be performed or induced, or attempted to be performed or induced, unless the probable gestational age of the fetus has been determined by a physician to have reached the pain capable gestational age and it is necessary to avert the patient’s death or serious risk of substantial and irreversible physical impairment of a major bodily function. The physician must terminate the pregnancy in a manner which provides the best opportunity for the fetus to survive unless doing so would pose a greater risk of death or substantial and irreversible physical impairment of a major bodily function to the patient. Any physician who performs or induces an abortion shall report certain information, as specified in the bill, to the Department of Health and Senior Services. Beginning June 30, 2018, the department must issue a statistical report of reported information during the previous calendar year. Any physician or other licensed medical practitioner who intentionally or recklessly performs or induces an abortion in violation of this bill is subject to discipline from the appropriate licensure board.

HB 2 — ABORTION [pdf]
SPONSOR: Miller
Currently, a person is not permitted to knowingly perform an abortion on a minor unless the attending physician has secured the informed written consent of the minor and one parent or guardian of the minor. This bill requires, except in the case of an emergency, the consenting parent or guardian of the minor to notify any other custodial parent or guardian in writing prior to the securing of the informed written consent of the minor and consenting parent or guardian. A parent or guardian is not required to be given notice under certain circumstances as specified in the bill.

HB 3 — ABORTION [pdf]
SPONSOR: Swan
This bill changes provisions relating to abortion.
SAFE AND RELIABLE CARE The bill allows the Department of Health and Senior Services to adopt rules governing complication plans to ensure patients undergoing abortions induced by drugs or chemicals have access to safe and reliable care (Section 188.021, RSMo).
DEFINITIONS This bill defines a “qualified professional” as the physician who referred the woman to the physician who is to perform the abortion or to the advanced practice registered nurse in a collaborative practice arrangement with the physician performing the abortion (Sections 188.027 and 188.039). This bill defines an “abortion facility” as any establishment operated for the purpose of performing or inducing any second- or third-trimester abortions or five or more first-trimester abortions and which does not provide accommodations for patients to stay more than 23 hours within the establishment (Section 197.200).
ABORTION FACILITIES The bill amends these sections to include abortion facilities (Sections 188.030, 192.665, 192.667, 197.150, 197.152, 197.158, 197.160, 197.162, 197.165, 197.205, 197.215, 197.220, 197.235, 197.240, 197.285, 197.287, 197.289, 197.293, 197.295, and 595.027). LICENSED PHYSICIANS In order to receive a license from the department, the bill requires an abortion facility to provide affirmative evidence that each person authorized to perform abortions is a physician currently licensed to practice in Missouri (Section 197.215). RULES FOR AMBULATORY SURGICAL CENTERS AND ABORTION FACILITIES This bill allows the department to adopt separate rules to apply to ambulatory surgical centers and to apply to abortion facilities. Any rule that applies to an abortion facility shall, at minimum, be equal to any physical requirement of an ambulatory surgical center (Section 197.225).
ABORTION FACILITY INSPECTIONS The department shall make an unannounced on-site inspection of any abortion facility at least annually. The inspection shall include: compliance with statutory and regulatory requirements, including requirements that the facility maintain adequate staffing and equipment to respond to medical emergencies; compliance that all organs or tissue removed at the time of the abortion be submitted to a board certified pathologist; review of patient records to ensure that no documentation authorizes improper utilization or organs or tissue; compliance with prohibition on the use of public funds to perform or assist a prohibited abortion or to encourage a woman to have a prohibited abortion (Section 197.230).
INTERFERENCE WITH MEDICAL ASSISTANCE A person commits the offense of interference with medical assistance if he or she, while working as an employee of an abortion facility: knowingly orders or requests medical personnel to deviate from any applicable standard of care or ordinary practice while providing medical assistance to a patient for reasons unrelated to the patient’s health or welfare; or knowingly attempts to prevent medical personnel from providing medical assistance to a patience in accordance with all applicable standards of care or ordinary practice for reasons unrelated to the patient’s health or welfare. This offense is a class A misdemeanor (Section 574.200). This bill contains an emergency clause. This bill is similar to HB 5 (2017, Second Extraordinary Session).

An emergency clause from right wingnut republicans in the Missouri General Assembly. Go figure.

HB 6 — ABORTION [pdf]
SPONSOR: Barnes (60) This bill changes provisions relating to abortion.
SAFE AND RELIABLE CARE The bill allows the Department of Health and Senior Services to adopt rules governing complication plans to ensure patients undergoing abortions induced by drugs or chemicals have access to safe and reliable care (Section 188.021, RSMo).
DEFINITIONS This bill defines a “qualified professional” as the physician who referred the woman to the physician who is to perform the abortion or to the advanced practice registered nurse in a collaborative practice arrangement with the physician performing the abortion (Sections 188.027 and 188.039). This bill defines an “abortion facility” as any establishment operated for the purpose of performing or inducing any second- or third-trimester abortions or five or more first-trimester abortions and which does not provide accommodations for patients to stay more than 23 hours within the establishment (Section 197.200).
ABORTION FACILITIES The bill amends these sections to include abortion facilities (Sections 188.030, 192.665, 192.667, 197.150, 197.152, 197.158, 197.160, 197.162, 197.165, 197.205, 197.215, 197.220, 197.235, 197.240, 197.285, 197.287, 197.289, 197.293, 197.295, and 595.027).
ATTORNEY GENERAL JURISDICTION The Attorney General shall have concurrent original jurisdiction throughout the state for actions for a violation of any: provision of Chapter 188 (Regulation of Abortions); state law regarding the use of public funds for an abortion; or state law which regulates an abortion facility or a person who performs an abortion (Section 188.075). LICENSED PHYSICIANS In order to receive a license from the department, the bill requires an abortion facility to provide affirmative evidence that each person authorized to perform abortions is a physician currently licensed to practice in Missouri (Section 197.215).
RULES FOR AMBULATORY SURGICAL CENTERS AND ABORTION FACILITIES The bill allows the department to adopt separate rules to apply to ambulatory surgical centers and to apply to abortion facilities. Any rule that applies to an abortion facility shall, at minimum, be equal to any physical requirement of an ambulatory surgical center (Section 197.225).
ABORTION FACILITY INSPECTIONS The department shall make an unannounced on-site inspection of any abortion facility at least annually. The inspection shall include: compliance with statutory and regulatory requirements, including requirements that the facility maintain adequate staffing and equipment to respond to medical emergencies; compliance that all organs or tissue removed at the time of the abortion be submitted to a board certified pathologist; review of patient records to ensure that no documentation authorizes improper utilization or organs or tissue; compliance with prohibition on the use of public funds to perform or assist a prohibited abortion or to encourage a woman to have a prohibited abortion (Section 197.230).
INTERFERENCE WITH MEDICAL ASSISTANCE A person commits the offense of interference with medical assistance if he or she, while working as an employee of an abortion facility: knowingly orders or requests medical personnel to deviate from any applicable standard of care or ordinary practice while providing medical assistance to a patient for reasons unrelated to the patient’s health or welfare; or knowingly attempts to prevent medical personnel from providing medical assistance to a patient in accordance with all applicable standards of care or ordinary practice for reasons unrelated to the patient’s health or welfare. This offense is a class A misdemeanor (Section 574.200).
This bill contains an emergency clause. This bill is similar to HB 3 (2017, Second Extraordinary Session).

Gee, another bill with an emergency clause. And similar to HB3.

HB 7 — FETAL TISSUE [pdf]
SPONSOR: Franklin This bill requires that all organs and tissue removed at the time of an abortion be submitted to a pathologist for examination. The pathologist shall file a copy of a report on the sample with the Department of Health and Senior Services and each sample shall be given a unique identification number for tracking. The bill requires that a report shall be created and submitted to the department for each sample at each facility that handles the sample, including the abortion facility, the pathology lab, and the location of final disposition. If the department does not receive a report, it could lead to the suspension of the abortion facility or General Assembly. This bill contains an emergency clause.

Emergency clause.

HB 9 — POLITICAL SUBDIVISIONS [pdf]
SPONSOR: Kelly (141)
This bill states that the General Assembly acknowledges the right of an “alternatives to abortion” agency to operate freely and engage in speech without governmental interference and the right of a person not to be compelled by the government to participate in abortion contrary to his or her religious beliefs or moral convictions. The bill specifies that a political subdivision may not enact an order that:
(1) Prohibits, limits, interferes with, or otherwise adversely affects an “alternatives to abortion” agency’s operations or speech. This shall not prevent a political subdivision from exercising its lawful authority to regulate zoning or land use or to enforce a building or fire code regulation, as long as that political; subdivision treats an “alternatives to abortion” agency in the same manner as another similarly situated agency
(2) Requires a person to directly or indirectly participate in abortion if such participation is contrary to the religious beliefs or moral convictions of such person;
(3) Requires any person to conduct real estate transactions for or with an abortion facility or for or with a person for the purpose of performing an abortion not necessary to save the life of the mother; or
(4) Requires a person to provide coverage for or participate in a health plan that includes benefits that are not otherwise required by state law.
In any action to enforce these provisions, a court may order injunctive or other equitable relief, recovery of damages, legal remedies, and payment of reasonable attorney’s fees, costs, and expenses. In addition to a private cause of action, the Attorney General is also authorized to bring a cause of action under these provisions. Nothing in the bill prohibits a political subdivision from enforcing any order to assist pregnant women to carry their unborn child to term or assist women in caring for their children or placing their children for adoption. This bill has an emergency clause.

Allows entities to discriminate based on an individual’s reproductive choices. With an emergency clause. Go figure.

And, finally:

HB 14 — MISSOURI RIGHT TO LIFE ACT [pdf]
SPONSOR: Moon This bill creates the “Missouri Right to Life Act.” The bill states that it is the intent of the General Assembly to protect the life of all humans and require due process of law before the life of any human is ended prior to natural death.

What did you expect?

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