To repeal sections 188.025 and 188.080, RSMo 1994, relating to abortions, and to enact in lieu thereof seven 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     Section A. Sections 188.025 and 188.080, RSMo 1994, are repealed and seven new sections enacted in lieu thereof, to be known as sections 188.025, 188.041, 188.043, 188.077, 188.080, 192.038 and 1, to read as follows:

     188.025. [Every abortion performed at sixteen weeks gestational age or later shall be performed in a hospital.] No abortion shall be performed except in a physician's office, outpatient clinic, ambulatory surgical center licensed pursuant to chapter 197, RSMo, or hospital licensed pursuant to chapter 197, RSMo.

     188.041. No physician who performs an abortion shall leave the abortion facility before the physician's recovering abortion patient has been discharged in accordance with usual and customary standards of medical practice, unless another physician is present in the abortion facility to care for the patient.

     188.043. No physician shall perform an abortion unless the physician first obtains a medical malpractice insurance policy covering personal injury or death to the physician's abortion patients arising out of the rendering of or the failure to render health care services by the physician while performing abortions. The insurance policy shall be sufficient to satisfy a damage award of five hundred thousand dollars.

     188.077. A medical emergency that has so complicated the pregnancy as to require an emergency abortion shall be a justification for failure to perform any of the actions otherwise required to be performed prior to an abortion pursuant to sections 188.010 to 188.085.

     188.080. 1. 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 attempts to perform 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.

     2. Any physician performing an abortion who does not have [surgical] clinical privileges to include obstetrical or gynecological care at a hospital in this state which offers obstetrical or gynecological care shall be guilty of a class [B felony] A misdemeanor, and, upon conviction, shall be punished as provided by law.

     192.038. Any abortion facility as defined in section 188.015, RSMo, which advertises and holds itself out to the public as performing abortions and which is not required pursuant to law to be licensed as an ambulatory surgical center, shall be inspected at least annually by the department of health, and may be inspected at any time for good cause. The department shall promulgate and issue rules and regulations the department deems necessary or proper in order to establish standards of service and care. No rule or regulation promulgated by the department shall in any manner restrict or interfere with operations or programs that do not concern the physical health and safety of patients. If the department finds that an unlicensed abortion facility is substantially failing to comply with any provision of this section or the health, safety or record keeping provisions of chapter 188, RSMo, the department shall give twenty days' written notice to the unlicensed abortion facility to comply. If the unlicensed abortion facility fails to comply, the department may seek from a court of competent jurisdiction whatever relief necessary to enforce the provisions of this section or the health, safety or record keeping provisions of chapter 188, RSMo, and may seek any other relief available pursuant to law. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     Section 1. The department of health shall provide a program of information and referral regarding alternative to abortion services for pregnant women. Such program shall include:

     (1) A computerized listing of services available for pregnant women offered by public and private agencies and services, including child support, prenatal care, postnatal care, maternity homes or similar residential services, public assistance and child care, as deemed appropriate by the department; and

     (2) A referral program or a statewide toll-free telephone number in connection with the existing Tel-Link program, or both, by which pregnant women can contact public and private organizations and services to assist them during and after their pregnancies. Whenever the department publicly promotes the Tel-Link program, it shall include information that such alternative to abortion services are available through Tel-Link.

     Section B. Section A of this act shall become effective January 1, 1998.