SB 0785 - Fiscal Note

Fiscal Note - SB 0785 - Regulation on Place of Abortion & Physician Penalties

L.R. NO.  2947-01
BILL NO.  SB 785
SUBJECT:  Abortions:  Medical Procedures and Personnel
TYPE:     Original
DATE:     February 5, 1996



                              FISCAL SUMMARY

                    ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED                 FY 1997         FY 1998        FY 1999

Insurance
Dedicated Fund              ($17,806)       ($13,502)      ($13,847)

Total Estimated
Net Effect on All
State Funds                 ($17,806)       ($13,502)      ($13,847)

                   ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED                 FY 1997         FY 1998        FY 1999

Total Estimated
Net Effect on All
Federal Funds                      $0              $0             $0

                    ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED                 FY 1997         FY 1998        FY 1999

Local Government                   $0              $0             $0


                              FISCAL ANALYSIS

ASSUMPTION

The Department of Economic Development (DED), Division of Professional
Registration (DPR) does not expect to be fiscally impacted.

The Office of State Courts Administrator (CTS) anticipates substantial
compliance with this proposal.  Therefore, the CTS does not expect a
significant increase in its workload.  Oversight assumes the fiscal impact
would be zero.

The Department of Insurance (INS) estimated costs based on the need for .5
FTE (Clerk Typist III).  This FTE would be responsible for maintaining annual
filings of medical malpractice insurance or other forms of financial
responsibility; providing appropriate information to parties listed in the
proposal; and informing the director and abortion facilities or hospitals
when a physician has failed to comply with the provisions of the proposal.
According to the Department of Health (DOH), Division of Health Resources
there are approximately 40 physicians who perform abortions and would be
required to file their proof of financial responsibility.  The filings would
be confidential information available only to those listed in the proposal.
Oversight adjusted expense and equipment expenses in accordance with the
Office of Administration's guidelines.  It was also assumed that the new FTE
would be located in an existing facility, thus, no new rental costs would be
required.


The Department of Social Services (DOS) and the Department of Health (DOH) do
not expect to be fiscally impacted.


FISCAL IMPACT - State Government     FY 1997      FY 1998      FY 1999
                                    (10 Mo.)

INSURANCE DEDICATED FUND

Costs-Department of Insurance (INS)
  Personal Service (.5 FTE)         ($7,418)     ($9,128)     ($9,356)
  Fringe Benefits                   ($2,280)     ($2,806)     ($2,876)
  Expense and Equipment             ($8,107)     ($1,568)     ($1,615)
Total Costs-INS                    ($17,806)    ($13,502)    ($13,847)

ESTIMATED NET EFFECT ON
INSURANCE DEDICATED FUND           ($17,806)    ($13,502)    ($13,847)


FISCAL IMPACT  - Local Government    FY 1997      FY 1998      FY 1999
                                    (10 Mo.)

                                          $0           $0           $0


DESCRIPTION

The proposal would establish where an abortion is to be performed based upon
the gestational age.  The physician performing the abortion would be
prohibited from leaving the facility prior to the patients recovery unless
another physician is physically present until the patient is discharged.
Certain proof, as outlined in the proposal, would have to be submitted by the
physician to the director of the Department of Insurance (INS) prior to the
performance of the abortion.  Annual submission of proof would be required by
INS, with such records being confidential, but available to certain entities
as outlined.  The director of INS would be responsible for promulgating rules
and regulations necessary for implementation.

Any person who knowingly performs or aids in the performance of an abortion
or knowingly fails to perform any action required by sections 188.010 to
188.085 would, unless another penalty is provided for in this chapter, be
guilty of a class A misdemeanor.  A medical emergency would be considered a
defense for failure to perform the acts required in this proposal.

Any person who is not a physician who induces or attempts to induce an
abortion would be guilty of a class B felony.  It would be unlawful for a
physician to perform or induce an abortion unless the physician has surgical
privileges at a hospital which offers obstetrical and gynecological care and
is located in the same county in which the abortion is performed or induced,
or an adjoining county.

The guidelines governing abortions based on gestational age would become
effective January 1, 1997.

This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.

SOURCES OF INFORMATION
Department of Insurance
Department of Health
Office of State Courts Administrator
Department of Social Services
Department of Economic Development
  Division of Professional Registration