DONATION OF FETAL TISSUE (Sections 188.036 and 194.375)

Under this provision, no person shall knowingly donate or make an anatomical gift of the fetal organs or tissue resulting from an abortion to any person or entity for medical, scientific, experimental, therapeutic, or any other use. Nothing in this section shall prohibit the utilization of fetal organs or tissue resulting from an abortion for medical or scientific purposes to determine the cause or causes of any anomaly, illness, death, or genetic condition of the fetus, the paternity of the fetus, or for law enforcement purposes. Any person who offers any inducement to a man or woman to conceive or abort a child for the use of fetal organs or tissue, or any person who knowingly donates such organs or tissue in violation of this act, shall be guilty of a class C felony and a fine of up to twice the amount of valuable consideration received.

This act also modifies the definition of "remains of a human fetus" under the Disposition of Fetal Remains Act to include remains that have reached a stage of development so that there are cartilaginous structures or fetal or skeletal parts after an abortion or miscarriage.

TISSUE REPORTS (Section 188.047)

Under current law, a representative sample of tissue removed at the time of abortion is sent to a pathologist for examination. This provision requires that all tissue removed at the time of abortion be certified as nonhazardous in compliance with the Department of Natural Resources's regulations and be sent to the pathologist. Additionally, all tissue reports issued by the pathologist shall contain the following: (1) the pathologist's estimation, to a reasonable degree of scientific certainty, of the gestational age of the fetal remains; (2) whether all tissue and remains received would be common for a specimen of such gestational age; (3) what, if any, portion of the tissue and remains were not received; (4) a gross diagnosis and detailed gross findings of what was received, including the percent blood clot and the percent tissue; (5) the date the tissue and remains were remitted to be disposed and the location of such disposal; (6) a certification that all submitted tissue has been disposed of in accordance with state law; and (7) the name and physical address of the entity conducting the examination of the specimen.

Each facility that handles the specimen, including the abortion facility, the pathology lab, and the final disposition site, shall send the Department of Health and Human Services a report documenting the date the specimen was collected, transported, received, and disposed.

The Department shall reconcile each notice of abortion with its corresponding pathology report. If the Department does not receive either a notice or a report, the Department shall conduct an investigation and, if a deficiency is discovered, shall perform an unscheduled inspection of the facility to ensure such deficiency is remedied. If the deficiency is not remedied, the Department shall suspend the abortion facility's or hospital's license for at least one year.

Finally, this provision requires the Department, beginning January 1, 2017, to make an annual report to the General Assembly. The report shall include all reports and information received under this provision and the following for each abortion procedure reported to the Department the previous calendar year: (1) the termination procedure used and a clinical estimation of gestation; (2) whether the Department received the tissue report for that abortion, along with a certification of the disposal of the remains; and (3) the existence and nature, if any, of any inconsistencies or concerns between the physician's abortion report to the Department and the pathologist's submitted tissue report.

ABORTION REPORTS (Section 188.052)

Under current law, an attending physician must submit an abortion report to the Department. This act requires the abortion report to contain the following: (1) the attending physician's estimation, to a reasonable degree of scientific certainty, of the gestational age of the fetal remains; (2) whether all tissue and remains of a human fetus were removed that would be common for a specimen of such estimated gestation age; and (3) what, if any, portion of the tissue and remains were not removed.

EMPLOYEE DISCLOSURE POLICIES (Section 188.160)

This act requires each hospital, ambulatory surgical center, pathology lab, medical research entity, and disposal facility involved in handling fetal remains from an elective abortion to establish and implement a written policy to protect employees who disclose information concerning alleged violations of applicable federal or state laws or administrative rules concerning the handling of fetal remains. The policy shall include a time frame for completion of investigations related to complaints, a method for notifying the complainant of the disposition of the investigation, and other specified provisions.

The policy shall be submitted to the Department to verify implementation. The Department shall have access to all information disclosed, collected, and maintained under this provision and complainants shall be notified of their right to notify the Department of any information concerning alleged violations relating to abortions or handling of fetal remains. The act specifies the proper disclosure procedure internally and to the Department. Beginning December 1, 2016, each hospital, ambulatory surgical center, pathology lab, medical research entity, and disposal facility involved in handling fetal remains from an elective abortion shall post a notice containing the disclosure policy.

ABORTION FACILITY INSPECTIONS (Section 197.230)

This provision requires the Department to make inspection, investigation, and quality assurance reports available to the public, provided that portions may be redacted if disclosure would be prohibited by law.

Provisions of this act are similar to SCS/SB 644 (2016).

SARAH HASKINS