To repeal sections 188.025, 188.075, and 188.080, RSMo 1994, relating to abortions, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions, and an effective date.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Sections 188.025, 188.075 and 188.080, RSMo 1994, are repealed and six new sections enacted in lieu thereof, to be known as sections 188.025, 188.041, 188.043, 188.075, 188.080 and 188.082, to read as follows:

188.025. 1. Every abortion performed [at sixteen weeks] up to fourteen weeks' gestational age [or later] shall be performed in a physician's office, outpatient clinic, ambulatory surgical center licensed under chapter 197, RSMo, or hospital licensed under chapter 197, RSMo.

2. Every abortion performed after fourteen and up to eighteen weeks' gestational age shall be performed in an ambulatory surgical center licensed under chapter 197, RSMo, or hospital licensed under chapter 197, RSMo.

3. Every abortion performed after eighteen weeks' gestational age shall be performed in a hospital licensed under chapter 197, RSMo.

188.041. It shall be unlawful for a physician performing an abortion to leave the abortion facility or hospital before a patient recovering from the abortion procedure has been discharged from the abortion facility or hospital, unless another physician is physically present in the abortion facility or hospital to care for the patient until she is discharged.

188.043. 1. It shall be unlawful for a physician to perform abortions unless the following proof is first submitted to the director of the department of insurance of the physician's ability to satisfy an award of damages for personal injury or death arising out of the rendering of or the failure to render health care services related to performing abortions:

(1) A policy of medical malpractice insurance in the amount of not less than five hundred thousand dollars per occurrence and one million dollars in the annual aggregate; or

(2) Depositing or filing cash, securities or a surety bond with the director of the department of insurance in the amount satisfying the threshold set forth in subdivision (1) of this subsection.

2. It shall be unlawful for an abortion facility or hospital to hire, contract with or in any manner retain a physician to perform abortions if the physician has failed to satisfy the requirements of subsection 1 of this section.

3. The director of the department of insurance shall require that each physician performing abortions annually submit proof that the requirements of subsection 1 of this section have been satisfied. Notwithstanding the provisions of chapter 610, RSMo, relating to governmental bodies and records, documents and records received by the director of the department of insurance in accordance with this section shall be confidential, but shall be available to:

(1) An abortion facility or hospital in which a physician may perform or has performed abortions;

(2) Local, state or national public health, insurance and law enforcement officials;

(3) A party to an action for damages arising out of the performance of an abortion;

(4) A court of competent jurisdiction.

4. The director of the department of insurance shall promulgate such rules and regulations necessary to implement the provisions of this section. Such rules and regulations shall be promulgated in accordance with section 536.024, RSMo.

188.075. 1. Any person who contrary to the provisions of sections 188.010 to 188.085 knowingly performs or aids in the performance of any abortion or knowingly fails to perform any action required by sections 188.010 to 188.085 shall, unless another penalty is provided for in this chapter, be guilty of a class A misdemeanor and, upon conviction, shall be punished as provided by law.

2. A medical emergency that has so complicated the pregnancy as to require an immediate abortion shall be a defense for failure to perform any of the acts otherwise required to be performed prior to an abortion under sections 188.010 to 188.085. The defendant shall have the burden of injecting the issue of medical emergency as a defense.

188.080. [Notwithstanding any other penalty provision in this chapter,] Any person who is not a [licensed] physician [as defined in section 188.015] who performs or induces or attempts to perform or induce an abortion on another [as defined in subdivision (1) of section 188.015,] is guilty of a class B felony, and, upon conviction, shall be punished as provided by law. [Any physician performing an abortion who does not have surgical privileges at a hospital which offers obstetrical or gynecological care shall be guilty of a class B felony, and, upon conviction shall be punished as provided by law.]

188.082. It shall be unlawful for a physician to perform or induce an abortion unless such physician has surgical privileges at a hospital:

(1) Which offers obstetrical and gynecological care; and

(2) Which is located in the same county in which the abortion is performed or induced, or an adjoining county.

Section B. Section A of this act shall become effective January 1, 1997.