Twenty-four hour waiting period for abortions required--medicalemergency exception, definition--informed consentrequirements--department to provide model consent forms.
188.039. 1. For purposes of this section, "medical emergency" meansa condition which, on the basis of the physician's good faith clinicaljudgment, so complicates the medical condition of a pregnant woman as tonecessitate the immediate abortion of her pregnancy to avert her death orfor which a delay will create a serious risk of substantial andirreversible impairment of a major bodily function.
2. Except in the case of medical emergency, no person shall performor induce an abortion unless at least twenty-four hours prior thereto atreating physician has conferred with the patient and discussed with herthe indicators and contraindicators, and risk factors including anyphysical, psychological, or situational factors for the proposed procedureand the use of medications, including but not limited to mifepristone, inlight of her medical history and medical condition. For an abortionperformed or an abortion induced by a drug or drugs, such conference shalltake place at least twenty-four hours prior to the writing or communicationof the first prescription for such drug or drugs in connection withinducing an abortion. Only one such conference shall be required for eachabortion.
3. The patient shall be evaluated by a treating physician during theconference for indicators and contraindicators, risk factors including anyphysical, psychological, or situational factors which would predispose thepatient to or increase the risk of experiencing one or more adversephysical, emotional, or other health reactions to the proposed procedure ordrug or drugs in either the short or long term as compared with women whodo not possess such risk factors.
4. At the end of the conference, and if the woman chooses to proceedwith the abortion, a treating physician shall sign and shall cause thepatient to sign a written statement that the woman gave her informedconsent freely and without coercion after the physician had discussed withher the indicators and contraindicators, and risk factors, including anyphysical, psychological, or situational factors. All such executedstatements 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 shalldisseminate a model form that physicians may use as the written statementrequired by this section, but any lack or unavailability of such a modelform shall not affect the duties of the physician set forth in subsections2 to 4 of this section.
*This bill was vetoed on July 9, 2003. The veto was overridden on September 11, 2003.
(2006) Informed consent requirement is not unconstitutionally vague, and twenty-four-hour waiting period does not violate due process clause of state constitution or state constitutional rights to liberty and privacy. Reproductive Health Services of Planned Parenthood v. Nixon, 185 S.W.3d 685 (Mo.banc).
Twenty-four hour waiting period for abortions required--medicalemergency exception, definition--informed consentrequirements--department to provide model consent forms.
188.039. 1. For purposes of this section, "medical emergency" meansa condition which, on the basis of the physician's good faith clinicaljudgment, so complicates the medical condition of a pregnant woman as tonecessitate the immediate abortion of her pregnancy to avert her death orfor which a delay will create a serious risk of substantial andirreversible impairment of a major bodily function.
2. Except in the case of medical emergency, no person shall performor induce an abortion unless at least twenty-four hours prior thereto atreating physician has conferred with the patient and discussed with herthe indicators and contraindicators, and risk factors including anyphysical, psychological, or situational factors for the proposed procedureand the use of medications, including but not limited to mifepristone, inlight of her medical history and medical condition. For an abortionperformed or an abortion induced by a drug or drugs, such conference shalltake place at least twenty-four hours prior to the writing or communicationof the first prescription for such drug or drugs in connection withinducing an abortion. Only one such conference shall be required for eachabortion.
3. The patient shall be evaluated by a treating physician during theconference for indicators and contraindicators, risk factors including anyphysical, psychological, or situational factors which would predispose thepatient to or increase the risk of experiencing one or more adversephysical, emotional, or other health reactions to the proposed procedure ordrug or drugs in either the short or long term as compared with women whodo not possess such risk factors.
4. At the end of the conference, and if the woman chooses to proceedwith the abortion, a treating physician shall sign and shall cause thepatient to sign a written statement that the woman gave her informedconsent freely and without coercion after the physician had discussed withher the indicators and contraindicators, and risk factors, including anyphysical, psychological, or situational factors. All such executedstatements 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 shalldisseminate a model form that physicians may use as the written statementrequired by this section, but any lack or unavailability of such a modelform shall not affect the duties of the physician set forth in subsections2 to 4 of this section.
*This bill was vetoed on July 9, 2003. The veto was overridden on September 11, 2003.
(2006) Informed consent requirement is not unconstitutionally vague, and twenty-four-hour waiting period does not violate due process clause of state constitution or state constitutional rights to liberty and privacy. Reproductive Health Services of Planned Parenthood v. Nixon, 185 S.W.3d 685 (Mo.banc).
Twenty-four hour waiting period for abortions required--medicalemergency exception, definition--informed consentrequirements--department to provide model consent forms.
188.039. 1. For purposes of this section, "medical emergency" meansa condition which, on the basis of the physician's good faith clinicaljudgment, so complicates the medical condition of a pregnant woman as tonecessitate the immediate abortion of her pregnancy to avert her death orfor which a delay will create a serious risk of substantial andirreversible impairment of a major bodily function.
2. Except in the case of medical emergency, no person shall performor induce an abortion unless at least twenty-four hours prior thereto atreating physician has conferred with the patient and discussed with herthe indicators and contraindicators, and risk factors including anyphysical, psychological, or situational factors for the proposed procedureand the use of medications, including but not limited to mifepristone, inlight of her medical history and medical condition. For an abortionperformed or an abortion induced by a drug or drugs, such conference shalltake place at least twenty-four hours prior to the writing or communicationof the first prescription for such drug or drugs in connection withinducing an abortion. Only one such conference shall be required for eachabortion.
3. The patient shall be evaluated by a treating physician during theconference for indicators and contraindicators, risk factors including anyphysical, psychological, or situational factors which would predispose thepatient to or increase the risk of experiencing one or more adversephysical, emotional, or other health reactions to the proposed procedure ordrug or drugs in either the short or long term as compared with women whodo not possess such risk factors.
4. At the end of the conference, and if the woman chooses to proceedwith the abortion, a treating physician shall sign and shall cause thepatient to sign a written statement that the woman gave her informedconsent freely and without coercion after the physician had discussed withher the indicators and contraindicators, and risk factors, including anyphysical, psychological, or situational factors. All such executedstatements 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 shalldisseminate a model form that physicians may use as the written statementrequired by this section, but any lack or unavailability of such a modelform shall not affect the duties of the physician set forth in subsections2 to 4 of this section.
*This bill was vetoed on July 9, 2003. The veto was overridden on September 11, 2003.
(2006) Informed consent requirement is not unconstitutionally vague, and twenty-four-hour waiting period does not violate due process clause of state constitution or state constitutional rights to liberty and privacy. Reproductive Health Services of Planned Parenthood v. Nixon, 185 S.W.3d 685 (Mo.banc).
