To amend chapter 538, RSMo, by adding two new sections relating to tort actions based on improper health care.

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

     Section A. Chapter 538, RSMo, is amended by adding thereto two new sections, to be known as sections 538.237 and 538.239, to read as follows:

     538.237. 1. Any woman who sustains any injury, including but not limited to physical, emotional, and psychological injury, which is proximately caused by the breach of one or more duties described in subsection 2, 3 or 4 of section 2 of this act shall be entitled to recover compensatory damages for the injury, and in addition, attorneys' fees, all litigation costs and expenses, and court costs.

     2. A civil action to recover damages pursuant to section 2 of this act must be filed within three years of the woman's discovery of the causation of her injury.

     3. The remedies provided by this act are cumulative to all other remedies available at law and in equity.

     538.239. 1. For the purposes of this section, the following terms mean:

     (1) "Abortifacient", any medicine, drug or substance which is prescribed for the purpose of terminating the pregnancy of a woman known to be pregnant with an intent other than to increase the probability of a live birth or to remove a dead unborn child;

     (2) "Abortion", the intentional destruction of the life of an embryo or fetus in his or her mother's womb or the intentional termination of the pregnancy of a mother with an intention other than to increase the probability of a live birth or to remove a dead or dying unborn child;

     (3) "Gestational age", length of pregnancy as measured from the first day of the woman's last menstrual period;

     (4) "Medical emergency", that condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate termination of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;

     (5) "Unborn child", the offspring of human beings from the moment of conception until birth and at every stage of its biological development, including the human conceptus, zygote, morula, blastocyst, embryo and fetus.

     2. Except in the case of a medical emergency, informed consent to an abortion shall require that, at a minimum, any person performing an abortion or prescribing an abortifacient shall do the following:

     (1) Collect or review sufficient information about the relevant medical, physical, emotional, psychological, social, and familial history of the woman considering the abortion to make a professional judgment regarding whether there are indicators and contra-indicators for abortion in her case; and

     (2) Form a professional judgment about the indicators and contra-indicators for abortion in the woman's case including, but not limited to, the following: her age, family size, financial concerns, mental health, physical health, and the gestational age of the fetus; and

     (3) Explain to the patient and receive signed acknowledgement of her understanding of the physical and psychological indicators and contra-indicators for abortion relevant to her well-being. The person performing the abortion shall also provide all relevant information regarding her condition and alternative courses of action, including possible benefits, risks, costs, other consequences, and significant uncertainties surrounding any of this information; and

     (4) Describe to the patient and receive signed acknowledgement of her understanding of the procedure or abortifacient to be used, the expected outcome, and the potential complications and side effects; and

     (5) Describe to the patient and receive signed acknowledgement of her understanding of required post-abortion care.

     3. The requirements of subsection 2 of this section must be satisfied before any of the following occur:

     (1) Money, credit, or any other consideration is given for an abortion;

     (2) The woman patient is prepared for, or presents herself for, surgery or an abortifacient;

     (3) The commencement of any irreversible part of the abortion procedure; or

     (4) The administering or offering of any sedative, anesthetic or relaxant.

     4. The information needed to comply with subdivisions (3), (4) and (5) of subsection 2 of this section must be supplied during an individual and personal consultation between the person performing the abortion or prescribing the abortifacient and the woman considering the abortion.