Bill Text: MO HB28 | 2011 | Regular Session | Engrossed
Bill Title: Establishes the Abortion-inducing Drugs Safety Act which prohibits a non-physician from prescribing an abortion-inducing drug and specifies that a pharmacy cannot be required to be connected with the drug
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-04-14 - Second Read and Referred: Health, Mental Health, Seniors, and Familiest (S) [HB28 Detail]
Download: Missouri-2011-HB28-Engrossed.html
FIRST REGULAR SESSION
[PERFECTED]
HOUSE COMMITTEE SUBSTITUTE FOR
96TH GENERAL ASSEMBLY
0337L.02P D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapters 188 and 338, RSMo, by adding thereto two new sections relating to abortifacients, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 188 and 338, RSMo, are amended by adding thereto two new sections, to be known as sections 188.033 and 338.575, to read as follows:
188.033. 1. This section shall be known and may be cited as the "Abortion-inducing Drugs Safety Act".
2. No person who is not a physician shall knowingly prescribe or administer RU-486 (mifepristone) or any other drug for the purpose of inducing an abortion.
3. RU-486 (mifepristone) or any other drug prescribed for the purpose of inducing an abortion shall only be prescribed by a physician who at least twenty-four hours prior to the administration of the drug:
(1) Complies with all other legal requirements prior to an abortion being performed or induced;
(2) Physically examines the patient;
(3) Documents in the patient's medical record the gestational age and that there is not an ectopic pregnancy; and
(4) Provides the patient with a copy of the United States Food and Drug Administration (FDA) approved label or labels for the drug or drugs that will be used to induce the abortion, regardless of whether the drug or drugs have been approved by the FDA or the drug manufacturer to induce an abortion.
4. RU-486 (mifepristone) or any other drug administered for the purpose of inducing an abortion, including any drug administered during a subsequent visit to complete the abortion shall only be administered in a hospital or in an abortion facility. The abortion facility shall also be licensed as an ambulatory surgical center under sections 197.200 to 197.240 if any second- or third-trimester abortions or five or more first-trimester abortions per month are performed or induced at the facility.
5. RU-486 (mifepristone) or any other drug administered for the purpose of inducing an abortion, including any drug administered during a subsequent visit to complete the abortion, shall only be administered by:
(1) The physician who prescribed the drug or another physician acting under the prescribing physician's authority, and who is in the physical presence of the patient; or
(2) The patient to administer to herself, at the direction of and while in the physical presence of the physician.
6. Due to a significant number of drug-induced abortions later requiring surgical intervention and consistent with the provisions of section 188.080, no physician shall prescribe or administer RU-486 (mifepristone) or any other drug administered for the purpose of inducing an abortion unless the physician:
(1) Has clinical privileges at a hospital which offers obstetrical or gynecological care located within thirty miles of the location at which the abortion is induced; and
(2) Has privileges at the hospital or at the abortion facility where the drug or drugs were administered, to perform surgical intervention including but not limited to surgical abortion.
7. If a patient who was administered RU-486 (mifepristone) or any other drug administered for the purpose of inducing an abortion decides to carry her unborn child to term before the abortion is completed, the patient shall be immediately referred to another physician who did not prescribe or administer the drug or drugs so the patient can receive medical assistance for herself and her unborn child.
8. Due to malformations or other birth defects which can occur in a child who survives an attempted abortion and is born alive after the administration of RU-486 (mifepristone) or other drugs, and due to the cost of caring for such child throughout his or her lifetime may otherwise fall on the state, any physician who prescribes or administers RU-486 (mifepristone) or any other drug for the purpose of inducing an abortion shall, in addition to complying with the medical malpractice requirements of section 188.043, obtain and maintain in force a tail or occurrence-based insurance policy of at least one million dollars per occurrence and three million dollars in the aggregate per year for personal injury to or death of the child who is born alive, and such policy does not expire until at least the child reaches his or her twentieth birthday, pursuant to section 516.105.
9. (1) Any person who violates the provisions of subsection 2 of this section is guilty of a class C felony; except that, any person who prescribes or administers any drug for the purpose of inducing an abortion on another person without the other person's knowledge or consent is guilty of a class B felony.
(2) Any person who violates any provision of subsections 3 to 8 of this section is guilty of a class A misdemeanor.
338.575. 1. No licensed pharmacy in this state shall be required to perform, assist, recommend, refer to, or participate in any act or service in connection with any drug or device that is an abortifacient, including but not limited to the RU-486 drug and emergency contraception such as the Plan B drug.
2. No civil or criminal cause of action shall accrue against a pharmacy due to a refusal to perform, assist, recommend, refer for, or participate in any act or service in accordance with subsection 1 of this section.
3. No board, commission, or other agency or instrumentality of this state shall deny, revoke, suspend, or otherwise discipline the license of a pharmacy, nor shall it impose any other condition of operation due to a refusal to perform, assist, recommend, refer for, or participate in any act or service in accordance with subsection 1 of this section.
4. No pharmacy shall be denied or discriminated against in eligibility for or the receipt of any public benefit, assistance, or privilege of any kind due to a refusal to perform, assist, recommend, refer for, or participate in any act or service in accordance with subsection 1 of this section.
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