reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 185 - State Council on the Arts › Section 185.225 - Annual report and accounting of funds required.

Title XI EDUCATION AND LIBRARIES
Chapter 185
• Effective - 01 Jul 2006, see footnote
185.225. Annual report and accounting of funds required. —
Each public television station receiving grants under the provisions of sections 185.200 to 185.230 shall furnish the state council on the arts and the oversight division of the committee on legislative research within sixty days after the end of each fiscal year with an annual report and accounting of the funds received and expended by such stations during the just-ended fiscal year and may furnish recommendations and suggestions for improvement in programs and services under the provisions of sections 185.200 to 185.230.
­­--------
(L. 2006 S.B. 870)
Effective 7-01-06
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 185 - State Council on the Arts › Section 185.230 - Limitation on amounts appropriated, how determined.

Title XI EDUCATION AND LIBRARIES
Chapter 185
• Effective - 01 Jul 2006, see footnote
185.230. Limitation on amounts appropriated, how determined. —
The amount appropriated as grants under the provisions of sections 185.200 to 185.230 shall not be more than the sum of fifty cents multiplied by the total number of residents of the state as determined by the most recent federal decennial census.
­­--------
(L. 2006 S.B. 870)
Effective 7-01-06
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 186 - Advisory Commissions, Committees and Councils, Business and Education › Section 186.005 - Law, how cited.

Title XI EDUCATION AND LIBRARIES
Chapter 186
• Effective - 28 Aug 1993
186.005. Law, how cited. —
Sections 186.005 to 186.019 shall be known as and may be cited as the "Missouri Women's Council Act".
­­--------
(L. 1985 H.B. 325 § 1, A.L. 1993 H.B. 566)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 186 - Advisory Commissions, Committees and Councils, Business and Education › Section 186.007 - Women's council established — appointment — qualifications — terms, vacancies — chairman appointed.

Title XI EDUCATION AND LIBRARIES
Chapter 186
• Effective - 28 Aug 2018, 2 histories
186.007. Women's council established — appointment — qualifications — terms, vacancies — chairman appointed. —
There is created in the department of economic development a "Missouri Women's Council" which shall consist of thirteen members. Nine of the members shall be appointed by the governor, of which no more than five of the nine members may be of the same political party as the governor appointing such members, with the advice and consent of the senate, and shall be representative of a cross section of the citizenry. Council members shall serve terms of four years, and may be reappointed. The remaining four vacancies on the council shall be filled by the general assembly. Two representatives and two senators shall be appointed by their respective bodies in the same manner as members of standing committees are appointed. The council shall annually elect a chair and vice chair. In the event of a vacancy in a term of office through death, resignation or otherwise, the governor shall appoint a person to serve the unexpired portion of the term of a member appointed by the governor. The unexpired council terms of any senator or representative unable or unwilling to serve shall be filled by their respective bodies in the same manner as vacancies on standing committees are filled.
­­--------
(L. 1985 H.B. 325 § 2 subsec. 1, A.L. 1993 H.B. 566, A.L. 2018 S.B. 843)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 186 - Advisory Commissions, Committees and Councils, Business and Education › Section 186.011 - Expenses, how paid — staff to be furnished — meetings, when held.

Title XI EDUCATION AND LIBRARIES
Chapter 186
• Effective - 28 Aug 1990
186.011. Expenses, how paid — staff to be furnished — meetings, when held. —
1. No salary or compensation shall be allowed any member of the council. Actual and necessary expenses incurred by members of the council shall be paid in conformity with regulations applicable to state employees, from any funds which are or may become available for the purpose of this section.
2. The department of economic development shall furnish administrative support and staff as is necessary for the effective operation of the council.
3. The council shall meet at least four times per year at the call of the chairman.
­­--------
(L. 1985 H.B. 325 § 2 subsecs. 2, 3, § 6, A.L. 1990 S.B. 664)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 186 - Advisory Commissions, Committees and Councils, Business and Education › Section 186.014 - Executive director for council to be in department of economic development — appointment — qualifications, powers and duties.

Title XI EDUCATION AND LIBRARIES
Chapter 186
• Effective - 28 Aug 1993
186.014. Executive director for council to be in department of economic development — appointment — qualifications, powers and duties. —
1. There is hereby created in the department of economic development an "Executive Director" for the Missouri women's council. Upon consultation with the council, the director of the department of economic development shall recommend for appointment to the governor, with the advice and consent of the senate, an individual who possesses demonstrated capability in business or industry, especially in business enterprises or employment training, to serve as executive director to work with the council in the implementation of sections 186.005 to 186.019.
2. The executive director shall be responsible for:
(1) Implementing programs initiated by the council; and
(2) Performing other duties as defined by the council.
­­--------
(L. 1985 H.B. 325 § 3, A.L. 1990 S.B. 664, A.L. 1993 H.B. 566)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 186 - Advisory Commissions, Committees and Councils, Business and Education › Section 186.016 - Powers and duties of the council.

Title XI EDUCATION AND LIBRARIES
Chapter 186
• Effective - 28 Aug 1985
186.016. Powers and duties of the council. —
The mission of the council is:
(1) To promote and increase women's economic and employment opportunities through education and training programs to aid in and insure entry into the labor market;
(2) To promote occupational mobility of women workers in lower and middle levels of employment;
(3) To promote access to jobs with more skill and responsibility, especially at the managerial level by encouraging maternity protection, child care facilities, technical training, and health protection;
(4) To initiate programs to assist women in small business enterprises;
(5) To assure access of women to nontraditional skilled trades through greater participation in apprenticeship programs and vocational and technical training;
(6) To promote retraining programs and facilities for unemployed women especially in growth sectors;
(7) To apply for federal or private funds or grants available for such employment and training programs, business enterprise programs, studies, seminars, and conferences and to participate in already existing federally, state or privately funded programs with other state departments and/or divisions;
(8) To conduct programs, studies, seminars, and conferences in cooperation with federal, state, and local agencies in the following areas:
(a) Educational needs and opportunities;
(b) Displaced homemakers;
(c) Credit;
(d) Federal and state affecting the rights and responsibilities of women; and
(e) Women-owned business enterprises.
­­--------
(L. 1985 H.B. 325 § 4)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 186 - Advisory Commissions, Committees and Councils, Business and Education › Section 186.018 - Council to develop state plan.

Title XI EDUCATION AND LIBRARIES
Chapter 186
• Effective - 28 Aug 1985
186.018. Council to develop state plan. —
The council shall prepare a state plan to identify and prioritize targeted populations in terms of employment accessibility and geographic regions, which plan shall be reviewed and revised annually. The state plan shall include but not be limited to:
(1) A needs-assessment of the state to determine specific economic and employment problems that exist in which geographic areas of the state;
(2) A statement of short- and long-term goals relating to economic factors which include evaluation, labor, work availability, small business opportunities, employment, training, household, and family with special emphasis on rural women and the underprivileged sectors of society;
(3) An inventory of existing federal, state, community and private programs and facilities relating to economic and employment needs of women;
(4) Plans for addressing those identified prioritized and targeted populations including special strategies for specific groups or regions with unique needs in the employment or training area.
­­--------
(L. 1985 H.B. 325 § 5)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 186 - Advisory Commissions, Committees and Councils, Business and Education › Section 186.050 - Humanities council, purpose — definitions.

Title XI EDUCATION AND LIBRARIES
Chapter 186
• Effective - 28 Aug 1995
186.050. Humanities council, purpose — definitions. —
1. The general assembly, giving due consideration to the historical and continuing interest of the people of the state of Missouri in encouraging the educational and cultural enrichment of its residents, finds that public humanities education, including the study of history, literature and other aspects of culture, contribute significantly to such enrichment, and consequently that support of a humanities council is an important public purpose.
2. As used in sections 186.050 to 186.067, the term
"humanities council"
means the not-for-profit organization designated as the Missouri state affiliate of the federal agency, the National Endowment for the Humanities.
­­--------
(L. 1995 H.B. 194 § 1)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 186 - Advisory Commissions, Committees and Councils, Business and Education › Section 186.055 - Missouri humanities trust fund established, funding — administration by board of trustees, members, appointment, terms — humanities council executive committee, appointment.

Title XI EDUCATION AND LIBRARIES
Chapter 186
• Effective - 01 Jul 1997, see footnote
186.055. Missouri humanities trust fund established, funding — administration by board of trustees, members, appointment, terms — humanities council executive committee, appointment. —
There is hereby established a special trust fund, to be known as the "Missouri Humanities Council Trust Fund", which shall consist of all moneys transferred to the fund by the board of trustees established in this section, moneys transferred to the fund pursuant to section 186.060, and any earnings resulting from the investment of moneys in the fund. The fund shall be administered by a board of trustees, consisting of the state treasurer, two members of the senate appointed by the president pro tem of the senate, two members of the house of representatives appointed by the speaker of the house and four members of the Missouri humanities council executive committee appointed by the chair of the council. Any member appointed due to such person's membership in the senate, house of representatives or humanities council shall serve only as long as such person holds the office referenced in this section. The state treasurer shall invest moneys in the fund in a manner as provided by law. Subject to appropriations, moneys in the fund shall be used solely for the promotion of the humanities in Missouri and for the administrative costs of the Missouri humanities council. The provisions of section 33.080 to the contrary notwithstanding, money in the Missouri humanities council trust fund shall not be transferred and placed to the credit of the general revenue fund.
­­--------
(L. 1995 H.B. 194 § 5, A.L. 1997 H.B. 51 merged with S.B. 70)
Effective 7-1-97 (H.B. 51) 5-13-97 (S.B. 70)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 186 - Advisory Commissions, Committees and Councils, Business and Education › Section 186.060 - Operating and program expenses, how paid, limitation.

Title XI EDUCATION AND LIBRARIES
Chapter 186
• Effective - 28 Aug 1999
186.060. Operating and program expenses, how paid, limitation. —
Subject to appropriation from general revenue, one million dollars may be appropriated to the Missouri humanities council. Grants made to the Missouri humanities council may be used for operating and programming expenses except that the administrative costs shall not exceed five percent of such funding.
­­--------
(L. 1995 H.B. 194 § 3, A.L. 1999 S.B. 184)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 186 - Advisory Commissions, Committees and Councils, Business and Education › Section 186.065 - General assembly may appropriate funds, purpose — distribution of funds, when.

Title XI EDUCATION AND LIBRARIES
Chapter 186
• Effective - 28 Aug 1995
186.065. General assembly may appropriate funds, purpose — distribution of funds, when. —
The general assembly may appropriate funds for grants to the Missouri humanities council. State funds received pursuant to sections 186.050 to 186.067 shall be used for public humanities programming. State funds shall be distributed to the Missouri humanities council after receipt of the council's annual report of expenses for the prior fiscal year.
­­--------
(L. 1995 H.B. 194 § 2)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 186 - Advisory Commissions, Committees and Councils, Business and Education › Section 186.067 - Annual report to be made by council, when, content.

Title XI EDUCATION AND LIBRARIES
Chapter 186
• Effective - 28 Aug 1995
186.067. Annual report to be made by council, when, content. —
If the humanities council receives any state funds pursuant to the provisions of sections 186.050 to 186.067, the council shall furnish the director of the department of economic development and the oversight division of the committee on legislative research, within sixty days after the end of each fiscal year, with an annual report and accounting of the funds received and expended by the council during the immediate prior fiscal year and may furnish recommendations and suggestions for improvement in programs and services provided pursuant to the provisions of sections 186.050 to 186.067.
­­--------
(L. 1995 H.B. 194 § 4)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.010 - Intent of general assembly.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 2019, 2 histories
188.010. Intent of general assembly. —
In recognition that Almighty God is the author of life, that all men and women are "endowed by their Creator with certain unalienable Rights, that among these are Life", and that Article I, Section 2 of the Constitution of Missouri provides that all persons have a natural right to life, it is the intention of the general assembly of the state of Missouri to:
(1) Defend the right to life of all humans, born and unborn;
(2) Declare that the state and all of its political subdivisions are a "sanctuary of life" that protects pregnant women and their unborn children; and
(3) Regulate abortion to the full extent permitted by the Constitution of the United States, decisions of the United States Supreme Court, and federal statutes.
­­--------
(L. 1974 H.B. 1211 § 1, A.L. 1986 H.B. 1596, A.L. 2019 H.B. 126)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.015 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 2019, 3 histories
188.015. Definitions. —
As used in this chapter, the following terms mean:
(1)
"Abortion"
:
(a) The act of using or prescribing any instrument, device, medicine, drug, or any other means or substance with the intent to destroy the life of an embryo or fetus in his or her mother's womb; or
(b) The intentional termination of the pregnancy of a mother by using or prescribing any instrument, device, medicine, drug, or other means or substance with an intention other than to increase the probability of a live birth or to remove a dead unborn child;
(2)
"Abortion facility"
, a clinic, physician's office, or any other place or facility in which abortions are performed or induced other than a hospital;
(3)
"Conception"
, the fertilization of the ovum of a female by a sperm of a male;
(4)
"Department"
, the department of health and senior services;
(5)
"Down Syndrome"
, the same meaning as defined in section 191.923;
(6)
"Gestational age"
, length of pregnancy as measured from the first day of the woman's last menstrual period;
(7)
"Medical emergency"
, a condition which, based on reasonable medical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the pregnant woman or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman;
(8)
"Physician"
, any person licensed to practice medicine in this state by the state board of registration for the healing arts;
(9)
"Reasonable medical judgment"
, a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;
(10)
"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;
(11)
"Viability"
or
"viable"
, 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;
(12)
"Viable pregnancy"
or
"viable intrauterine pregnancy"
, in the first trimester of pregnancy, an intrauterine pregnancy that can potentially result in a liveborn baby.
­­--------
(L. 1974 H.B. 1211 § 2, A.L. 1979 H.B. 523, et al., A.L. 1986 H.B. 1596, A.L. 2007 H.B. 1055, A.L. 2011 H.B. 213 merged with S.B. 65, A.L. 2019 H.B. 126)
CROSS REFERENCE:
Life begins at conception, 1.205
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.018 - Severability clause.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 2019
188.018. Severability clause. —
If any one or more provisions, sections, subsections, sentences, clauses, phrases, or words of this chapter or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the balance of this chapter shall remain effective notwithstanding such unenforceability, unconstitutionality, or invalidity. The general assembly hereby declares that it would have passed each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provisions, sections, subsections, sentences, clauses, phrases, or words of this chapter, or the application of this chapter to any person, circumstance, or period of gestational age, would be declared unenforceable, unconstitutional, or invalid.
­­--------
(L. 2019 H.B. 126)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.020 - Physician, required to perform.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 29 Jun 1979, see footnote
188.020. Physician, required to perform. —
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
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.023 - Reports of rape or under age eighteen sexual abuse, required to report, how.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 2013, 2 histories
188.023. Reports of rape or under age eighteen sexual abuse, required to report, how. —
Any licensed health care professional who delivers a baby or performs an abortion, who has prima facie evidence that a patient has been the victim of statutory rape in the first degree or statutory rape in the second degree, or if the patient is under the age of eighteen, that he or she has been a victim of sexual abuse, including rape in the first or second degree, or incest, shall be required to report such offenses in the same manner as provided for by section 210.115.
­­--------
(L. 2006 H.B. 1698, et al., A.L. 2013 H.B. 215)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.025 - Hospital required, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 1986
188.025. Hospital required, when. —
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.).
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.031 - Next friend defined for purposes of the procedure for a minor to obtain an abortion.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 15 Sep 2005, see footnote
188.031. Next friend defined for purposes of the procedure for a minor to obtain an abortion. —
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
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.033 - Out-of-state abortion facilities, in-state facilities giving information about, requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 2019
188.033. Out-of-state abortion facilities, in-state facilities giving information about, requirements. —
Whenever an abortion facility or a family planning agency located in this state, or any of its agents or employees acting within the scope of his or her authority or employment, provides to a woman considering an abortion the name, address, telephone number, or website of an abortion provider that is located outside of the state, such abortion facility or family planning agency or its agents or employees shall also provide to such woman the printed materials produced by the department under section 188.027. If the name, address, telephone number, or website of such abortion provider is not provided to such woman in person, such printed materials shall be offered to her, and if she chooses, sent to such woman at no cost to her the same day or as soon as possible either electronically or by U.S. mail overnight delivery service or by other overnight or same-day delivery service to an address of such woman's choosing. The department shall furnish such printed materials at no cost and in sufficient quantities to abortion facilities and family planning agencies located within the state.
­­--------
(L. 2019 H.B. 126)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.035 - Death of child aborted alive deemed murder in second degree, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 29 Jun 1979, see footnote
188.035. Death of child aborted alive deemed murder in second degree, when. —
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
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.036 - Prohibited abortions, those done with intent to use fetal organs or tissue for transplant, experiments or for consideration, exceptions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 1988
188.036. Prohibited abortions, those done with intent to use fetal organs or tissue for transplant, experiments or for consideration, exceptions. —
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)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.037 - Experimentation with fetus, or child aborted alive, prohibited, exception.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 29 Jun 1979, see footnote
188.037. Experimentation with fetus, or child aborted alive, prohibited, exception. —
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
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.043 - Medical malpractice insurance required to perform an abortion.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 2019, 2 histories
188.043. Medical malpractice insurance required to perform an abortion. —
1. No person shall perform or induce an abortion on another unless such person has medical malpractice insurance with coverage amounts of at least one million dollars per occurrence and three million dollars in the annual aggregate.
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 or induce an abortion on another if the person does not have medical malpractice insurance pursuant to this section, except that the abortion facility or hospital may provide medical malpractice insurance for the services of persons employed or engaged by such facility or hospital which is no less than the coverage amounts set forth in this section.
4. Notwithstanding the provisions of section 334.100, 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, A.L. 2019 H.B. 126)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.044 - Drug or chemical used to induce abortion, warning of birth defects, disability, or other injury — tail insurance required, amount.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 2019
188.044. Drug or chemical used to induce abortion, warning of birth defects, disability, or other injury — tail insurance required, amount. —
1. When a drug or chemical, or combination thereof, used by a person to induce an abortion carries a warning from its manufacturer or distributor, a peer-reviewed medical journal article, or a Food and Drug Administration label that its use may cause birth defects, disability, or other injury in a child who survives the abortion, then in addition to the requirements of section 188.043, such person shall also carry tail insurance with coverage amounts of at least one million dollars per occurrence and three million dollars in the annual aggregate for personal injury to or death of a child who survives such abortion. Such policy shall be maintained in force or be in effect for a period of twenty-one years after the person used the drug or chemical, or combination thereof, to induce the abortion.
2. For the purpose of this section,
"tail insurance"
means insurance which covers the legal liability of the insured once a medical malpractice insurance policy is cancelled, not renewed, or terminated, and covers claims made after such cancellation or termination for acts occurring during the period the prior medical malpractice insurance was in effect.
3. No abortion facility or hospital shall employ or engage the services of a person to induce an abortion on another using any drug or chemical, or combination thereof, which may cause birth defects, disability, or other injury in a child who survives the abortion if the person does not have tail insurance pursuant to this section, except that the abortion facility or hospital may provide tail insurance for the services of persons employed or engaged by such facility or hospital which is no less than the coverage amounts and duration set forth in this section.
4. Notwithstanding the provisions of section 334.100 to the contrary, failure of a person to maintain the tail insurance required by this section shall be an additional ground for sanctioning of a person's license, certificate, or permit.
­­--------
(L. 2019 H.B. 126)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.052 - Physician's report on abortion and post-abortion care, when — department to publish statistics.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 2019, 2 histories
188.052. Physician's report on abortion and post-abortion care, when — department to publish statistics. —
1. An individual abortion report for each abortion performed or induced upon a woman shall be completed by the physician who performed or induced the abortion. Abortion reports shall include, but not be limited to, a certification that the physician does not have any knowledge that the woman sought the abortion solely because of a prenatal diagnosis, test, or screening indicating Down Syndrome or the potential of Down Syndrome in the unborn child and a certification that the physician does not have any knowledge that the woman sought the abortion solely because of the sex or race of the unborn child.
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 or induced;
(3) The nature of the abortion complication diagnosed or treated.
3. All abortion reports shall be signed by the attending physician who performed or induced the abortion and submitted to the department 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 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 abortion facility or hospital in which the abortion was performed or induced.
5. The department 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 or induced in the previous calendar year.
­­--------
(L. 1979 H.B. 523, et al., A.L. 2019 H.B. 126)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.055 - Forms to be supplied to health facilities and physicians.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 29 Jun 1979, see footnote
188.055. Forms to be supplied to health facilities and physicians. —
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
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.056 - Abortion prohibited after eight weeks gestational age, exception for medical emergency — violation, penalty — severability clause.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 2019
188.056. Abortion prohibited after eight weeks gestational age, exception for medical emergency — violation, penalty — severability clause. —
1. Notwithstanding any other provision of law to the contrary, no abortion shall be performed or induced upon a woman at eight weeks gestational age or later, except in cases of medical emergency. Any person who knowingly performs or induces an abortion of an unborn child in violation of this subsection shall be guilty of a class B felony, as well as subject to suspension or revocation of his or her professional license by his or her professional licensing board. A woman upon whom an abortion is performed or induced in violation of this subsection shall not be prosecuted for a conspiracy to violate the provisions of this section.
2. It shall be an affirmative defense for any person alleged to have violated the provisions of subsection 1 of this section that the person performed or induced an abortion because of a medical emergency. The defendant shall have the burden of persuasion that the defense is more probably true than not.
3. Prosecution under this section shall bar prosecution under section
*
188.057, 188.058, or 188.375 if prosecution under such sections would violate the provisions of Amendment V to the Constitution of the United States or Article I, Section 19 of the Constitution of Missouri.
4. If any one or more provisions, subsections, sentences, clauses, phrases, or words of this section or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the balance of the section shall remain effective notwithstanding such unenforceability, unconstitutionality, or invalidity. The general assembly hereby declares that it would have passed this section, and each provision, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provisions, subsections, sentences, clauses, phrases, or words of the section, or the application of the section to any person, circumstance, or period of gestational age, would be declared unenforceable, unconstitutional, or invalid.
­­--------
(L. 2019 H.B. 126)
*Word "sections" appears in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.057 - Abortion prohibited after fourteen weeks gestational age, exception for medical emergency — violation, penalty — severability clause.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 2019
188.057. Abortion prohibited after fourteen weeks gestational age, exception for medical emergency — violation, penalty — severability clause. —
1. Notwithstanding any other provision of law to the contrary, no abortion shall be performed or induced upon a woman at fourteen weeks gestational age or later, except in cases of medical emergency. Any person who knowingly performs or induces an abortion of an unborn child in violation of this subsection shall be guilty of a class B felony, as well as subject to suspension or revocation of his or her professional license by his or her professional licensing board. A woman upon whom an abortion is performed or induced in violation of this subsection shall not be prosecuted for a conspiracy to violate the provisions of this section.
2. It shall be an affirmative defense for any person alleged to have violated the provisions of subsection 1 of this section that the person performed or induced an abortion because of a medical emergency. The defendant shall have the burden of persuasion that the defense is more probably true than not.
3. Prosecution under this section shall bar prosecution under section
*
188.056, 188.058, or 188.375 if prosecution under such sections would violate the provisions of Amendment V to the Constitution of the United States or Article I, Section 19 of the Constitution of Missouri.
4. If any one or more provisions, subsections, sentences, clauses, phrases, or words of this section or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the balance of the section shall remain effective notwithstanding such unenforceability, unconstitutionality, or invalidity. The general assembly hereby declares that it would have passed this section, and each provision, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provisions, subsections, sentences, clauses, phrases, or words of the section, or the application of the section to any person, circumstance, or period of gestational age, would be declared unenforceable, unconstitutional, or invalid.
­­--------
(L. 2019 H.B. 126)
*Word "sections" appears in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.058 - Abortion prohibited after eighteen weeks gestational age, exception for medical emergency — violation, penalty — severability clause.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 2019
188.058. Abortion prohibited after eighteen weeks gestational age, exception for medical emergency — violation, penalty — severability clause. —
1. Notwithstanding any other provision of law to the contrary, no abortion shall be performed or induced upon a woman at eighteen weeks gestational age or later, except in cases of medical emergency. Any person who knowingly performs or induces an abortion of an unborn child in violation of this subsection shall be guilty of a class B felony, as well as subject to suspension or revocation of his or her professional license by his or her professional licensing board. A woman upon whom an abortion is performed or induced in violation of this section shall not be prosecuted for a conspiracy to violate the provisions of this section.
2. It shall be an affirmative defense for any person alleged to have violated the provisions of subsection 1 of this section that the person performed or induced an abortion because of a medical emergency. The defendant shall have the burden of persuasion that the defense is more probably true than not.
3. Prosecution under this section shall bar prosecution under section
*
188.056, 188.057, or 188.375 if prosecution under such sections would violate the provisions of Amendment V to the Constitution of the United States or Article I, Section 19 of the Constitution of Missouri.
4. If any one or more provisions, subsections, sentences, clauses, phrases, or words of this section or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the balance of the section shall remain effective notwithstanding such unenforceability, unconstitutionality, or invalidity. The general assembly hereby declares that it would have passed this section, and each provision, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provisions, subsections, sentences, clauses, phrases, or words of the section, or the application of the section to any person, circumstance, or period of gestational age, would be declared unenforceable, unconstitutional, or invalid.
­­--------
(L. 2019 H.B. 126)
*Word "sections" appears in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.060 - Records to be retained for seven years.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 29 Jun 1979, see footnote
188.060. Records to be retained for seven years. —
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
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.065 - Revocation of license, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 14 Jun 1974, see footnote
188.065. Revocation of license, when. —
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
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.070 - Breach of confidentiality prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 14 Jun 1974, see footnote
188.070. Breach of confidentiality prohibited. —
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
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.075 - Violation of sections 188.010 to 188.085 a class A misdemeanor — affirmative defense — jurisdiction of attorney general.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 24 Oct 2017, 2 histories, see footnote
188.075. Violation of sections 188.010 to 188.085 a class A misdemeanor — affirmative defense — jurisdiction of attorney general. —
1. Any person who contrary to the provisions of sections 188.010 to 188.085 knowingly performs, induces, or aids in the performance or inducing 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, unless a different penalty is provided for in state law, and, upon conviction, shall be punished as provided by law.
2. It shall be an affirmative defense for any person alleged to have violated any provision of this chapter that the person performed an action or did not perform an action because of a medical emergency. This affirmative defense shall be available in criminal, civil, and administrative actions or proceedings. The defendant shall have the burden of persuasion that the defense is more probably true than not.
3. The attorney general shall have concurrent original jurisdiction throughout the state, along with each prosecuting attorney and circuit attorney within their respective jurisdictions, to commence actions for a violation of any provision of this chapter, for a violation of any state law on the use of public funds for an abortion, or for a violation of any state law which regulates an abortion facility or a person who performs or induces an abortion. The attorney general, or prosecuting attorney or circuit attorney within their respective jurisdictions, may seek injunctive or other relief against any person who, or entity which, is in violation of any provision of this chapter, misuses public funds for an abortion, or violates any state law which regulates an abortion facility or a person who performs or induces an abortion.
­­--------
(L. 1974 H.B. 1211 § 14, A.L. 1979 H.B. 523, et al., A.L. 2007 H.B. 1055, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17