Title XII — PUBLIC HEALTH AND WELFARE

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 …

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 …

188.017. Right to Life of the Unborn Child Act — limitation on abortions, when — affirmative defense — contingent effective date. — 1. This section shall be known and may be cited as the "Right to Life of the Unborn Child Act". 2. Notwithstanding any other provision of law to the…

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 inva…

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

188.021. RU-486, administration of, requirements — limitation on prescribing certain abortion-inducing drugs and chemicals, when, complication plan required — rulemaking authority. — 1. When RU-486 (mifepristone) or any drug or chemical is used for the purpose of inducing an abor…

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 stat…

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 eva…

188.026. Missouri Stands for the Unborn Act — findings of general assembly — interests of the state of Missouri. — 1. This section and sections 188.056, 188.057, and 188.058 shall be known and may be cited as the "Missouri Stands for the Unborn Act". 2. In Roe v. Wade, 410 U.S. 1…

188.027. Consent, voluntary and informed, required — procedure, contents — information to be presented in person — information on risks — medical emergency, procedure — payment prohibited, when — written materials required, when — emergency rules authorized — waiting period restr…

188.028. Minors, abortion requirements and procedure. — 1. Except in the case of a medical emergency, no person shall knowingly perform or induce an abortion upon a pregnant woman under the age of eighteen years unless: (1) The attending physician has secured the informed written…

188.030. Abortion of viable unborn child prohibited, exceptions — physician duties — violations, penalty — severability — right of intervention, when. — 1. Except in the case of a medical emergency, no abortion of a viable unborn child shall be performed or induced unless the abo…

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 …

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 employmen…

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…

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 purpos…

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 exc…

188.038. Pregnant women, bias or discrimination against — findings of general assembly — limitations on performing an abortion, when. — 1. The general assembly of this state finds that: (1) Removing vestiges of any past bias or discrimination against pregnant women, their partner…

188.039. Seventy-two hour waiting period for abortions required — medical emergency exception, definition — informed consent requirements — department to provide model consent forms — waiting period restrained or enjoined, effect of. — 1. For purposes of this section, "medical em…

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 dollar…

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 dist…

188.047. Tissue submitted for examination — pathologist to file report, copies furnished — department to reconcile notice of abortion to tissue report — annual report required, contents — rulemaking authority. — 1. All tissue, except that tissue needed for purposes described in s…

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 repo…

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…

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 gesta…

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…

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…

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 per…

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 lice…

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. ­­-…

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 a…

188.080. Abortion performed by other than a physician with clinical privileges at a hospital, a felony. — Any person who is not a physician who performs or induces or attempts to perform or induce an abortion on another is guilty of a class B felony, and, upon conviction, shall b…

188.085. Sections 188.010 to 188.085 not to be deemed exclusive of other regulations or remedies. — Nothing in sections 188.010 to 188.085 shall be construed to exempt any person, firm, or corporation from civil liability for medical malpractice for negligent acts or certificatio…

188.100. Definitions. — Unless the language or context clearly indicates a different meaning is intended, the following words or phrases for the purposes of sections 188.100 to 188.120 shall mean: (1) "Employer", the state, or any political or civil subdivision thereof, or any pe…

188.105. Discrimination by employer prohibited because of failure of employee to participate in abortion — exceptions. — 1. It shall be unlawful: (1) For an employer: (a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual…

188.110. Discrimination by colleges, universities and hospitals prohibited — no requirement to pay fees, when. — 1. No public or private college, university or hospital shall discriminate against any person for refusal to participate in abortion. 2. No applicant, student, teacher…

188.115. Severability clause. — If any provision of sections 188.100 to 188.120 is found by a court of competent jurisdiction to be invalid or unconstitutional as applied to a specific person or class of persons, the provisions of sections 188.100 to 188.120 shall remain in full …

188.120. Cause of action for violation of discrimination laws, treble damages, attorney's fees. — Any individual injured by any person, association, corporation, or entity by reason of any action prohibited by sections 188.100 to 188.120, as now or hereafter amended, may commence…

188.125. Alternatives to abortion agency, intent to acknowledge certain right of — state preemption, when — actions to enforce, authorized relief — definitions. — 1. It is the intent of the general assembly to acknowledge the right of an alternatives to abortion agency to operate…

188.130. No cause of action for wrongful life. — 1. No person shall maintain a cause of action or receive an award of damages on behalf of himself or herself based on the claim that but for the negligent conduct of another, he or she would have been aborted. 2. No person shall ma…

188.160. Whistleblower protection policy, required when — rulemaking authority. — 1. Every hospital, abortion facility, pathology lab, medical research entity, and any other facility involved in abortion shall establish and implement a written policy relating to the protections f…

188.200. Definitions. — As used in sections 188.200 to 188.220, the following terms mean: (1) "Public employee", any person employed by this state or any agency or political subdivision thereof; (2) "Public facility", any public institution, public facility, public equipment, or …

188.205. Use of public funds prohibited, when. — It shall be unlawful for any public funds to be expended for the purpose of performing or assisting an abortion, not necessary to save the life of the mother, or for the purpose of encouraging or counseling a woman to have an abort…

188.207. Public fund expenditures prohibited for abortion facilities and affiliates. — It shall be unlawful for any public funds to be expended to any abortion facility, or to any affiliate of such abortion facility. ­­-------- (L. 2024 H.B. 2634)

188.210. Public employees, activities prohibited, when. — It shall be unlawful for any public employee within the scope of his employment to perform or assist an abortion, not necessary to save the life of the mother. It shall be unlawful for a doctor, nurse or other health care …

188.215. Use of public facilities prohibited, when. — It shall be unlawful for any public facility to be used for the purpose of performing or assisting an abortion not necessary to save the life of the mother or for the purpose of encouraging or counseling a woman to have an abo…

188.220. Taxpayer standing and attorney general authority to bring cause of action — equitable relief and damages. — 1. Any taxpayer of this state or its political subdivisions shall have standing to bring a cause of action in any court or administrative agency of competent juris…

188.230. Construction of law. — Nothing in this act* is intended to authorize anyone other than a physician to perform an abortion. ­­-------- (L. 1993 H.B. 564 § 34) *"This act" (H.B. 564, 1993) contained numerous sections. Consult Disposition of Sections table for a definitive …

188.250. Causing, aiding, or assisting a minor to obtain an abortion prohibited, civil penalty — impermissible defenses — court injunction authorized, when. — 1. No person shall intentionally cause, aid, or assist a minor to obtain an abortion without the consent or consents requ…

188.325. Program established, services provided — matching moneys to be sought — moneys not to be used for abortions or abortion services. — 1. There is hereby established the "Missouri Alternatives to Abortion Services Program" which shall be administered by a state agency or ag…