HB328I-ABORTION-INDUCING DRUGS SAFETY ACT
Summary of the Introduced Bill

HB 328 -- Abortion-Inducing Drugs Safety Act

Sponsor:  Koenig

This bill establishes the Abortion-inducing Drugs Safety Act
which places restrictions on abortion-inducing drugs.  Any person
who is not a physician is prohibited from knowingly prescribing
or administering RU-486 or any other abortion-inducing drug.
RU-486 or any other abortion-inducing drug can only be prescribed
by a physician who at least 24 hours prior to the administration
of the drug:

(1)  Complies with all other legal requirements prior to
performing or inducing an abortion;

(2)  Performs a physical examination of the patient;

(3)  Documents in the patient's medical record the gestational
age of the fetus and that there is no ectopic pregnancy;

(4)  Provides the patient with a copy of the United States Food
and Drug Administration (FDA) approved label for the drug or
drugs used to induce the abortion; and

(5)  Gives an oral and written warning if the drug used to induce
the abortion is not approved by the FDA.

RU-486 or any other abortion-inducing drug can only be
administered in a hospital or abortion facility.  The abortion
facility must also be licensed as an ambulatory surgical center
if a specified number of abortions per month are induced at the
facility.  The drug can only be administered by the prescribing
physician or another physician acting under the prescribing
physician's authority and who is in the physical presence of the
patient or by the patient herself at the direction of and while
in the physical presence of the physician.  A physician is
prohibited from prescribing or administering RU-486 or any other
abortion-inducing drug unless he or she has clinical privileges
which allow the physician to perform surgeries at a hospital
offering obstetrical or gynecological care that is within 30
miles of the location where the abortion is being induced.

If a patient who was administered RU-486 or any other
abortion-inducing drug decides to carry her unborn child to term
before the abortion is completed, the patient must be immediately
referred to another physician to receive medical assistance for
herself and her unborn child.  A physician who prescribes or
administers RU-486 or any other abortion-inducing drug must
obtain in addition to all other medical malpractice requirements
a tail or occurrence-based insurance policy of at least $3
million per occurrence and $9 million in the aggregate per year
for damages for the personal injury to or death of a child who is
born alive.  Any person who is not a physician who prescribes or
administers RU-486 or any other abortion-inducing drug will be
guilty of a class C felony; except that, if prescribed or
administered without the knowledge or consent of the patient, he
or she will be guilty of a class B felony.  A physician who
violates any other provision of the act will be guilty of a class
A misdemeanor.

Copyright (c) Missouri House of Representatives


Missouri House of Representatives
96th General Assembly, 1st Regular Session
Last Updated August 9, 2011 at 1:18 pm