Missouri Revised Statutes
Chapter 188 - Regulation of Abortions
Section 188.015 - Definitions.

Effective - 28 Aug 2019, 3 histories
188.015. Definitions. — As used in this chapter, the following terms mean:
(1) "Abortion":
(a) The act of using or prescribing any instrument, device, medicine, drug, or any other means or substance with the intent to destroy the life of an embryo or fetus in his or her mother's womb; or
(b) The intentional termination of the pregnancy of a mother by using or prescribing any instrument, device, medicine, drug, or other means or substance with an intention other than to increase the probability of a live birth or to remove a dead unborn child;
(2) "Abortion facility", a clinic, physician's office, or any other place or facility in which abortions are performed or induced other than a hospital;
(3) "Conception", the fertilization of the ovum of a female by a sperm of a male;
(4) "Department", the department of health and senior services;
(5) "Down Syndrome", the same meaning as defined in section 191.923;
(6) "Gestational age", length of pregnancy as measured from the first day of the woman's last menstrual period;
(7) "Medical emergency", a condition which, based on reasonable medical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the pregnant woman or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman;
(8) "Physician", any person licensed to practice medicine in this state by the state board of registration for the healing arts;
(9) "Reasonable medical judgment", a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;
(10) "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;
(11) "Viability" or "viable", that stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life-supportive systems;
(12) "Viable pregnancy" or "viable intrauterine pregnancy", in the first trimester of pregnancy, an intrauterine pregnancy that can potentially result in a liveborn baby.
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(L. 1974 H.B. 1211 § 2, A.L. 1979 H.B. 523, et al., A.L. 1986 H.B. 1596, A.L. 2007 H.B. 1055, A.L. 2011 H.B. 213 merged with S.B. 65, A.L. 2019 H.B. 126)
CROSS REFERENCE:
Life begins at conception, 1.205

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 188 - Regulation of Abortions

Section 188.010 - Intent of general assembly.

Section 188.015 - Definitions.

Section 188.017 - Right to Life of the Unborn Child Act — limitation on abortions, when — affirmative defense — contingent effective date.

Section 188.018 - Severability clause.

Section 188.020 - Physician, required to perform.

Section 188.021 - RU-486, administration of, requirements — limitation on prescribing certain abortion-inducing drugs and chemicals, when, complication plan required — rulemaking authority.

Section 188.023 - Reports of rape or under age eighteen sexual abuse, required to report, how.

Section 188.025 - Hospital required, when.

Section 188.026 - Missouri Stands for the Unborn Act — findings of general assembly — interests of the state of Missouri.

Section 188.027 - Consent, voluntary and informed, required — procedure, contents — information to be presented in person — information on risks — medical emergency, procedure — payment prohibited, when — written materials required, when — emergency...

Section 188.028 - Minors, abortion requirements and procedure.

Section 188.030 - Abortion of viable unborn child prohibited, exceptions — physician duties — violations, penalty — severability — right of intervention, when.

Section 188.031 - Next friend defined for purposes of the procedure for a minor to obtain an abortion.

Section 188.033 - Out-of-state abortion facilities, in-state facilities giving information about, requirements.

Section 188.035 - Death of child aborted alive deemed murder in second degree, when.

Section 188.036 - Prohibited abortions, those done with intent to use fetal organs or tissue for transplant, experiments or for consideration, exceptions.

Section 188.037 - Experimentation with fetus, or child aborted alive, prohibited, exception.

Section 188.038 - Pregnant women, bias or discrimination against — findings of general assembly — limitations on performing an abortion, when.

Section 188.039 - Seventy-two hour waiting period for abortions required — medical emergency exception, definition — informed consent requirements — department to provide model consent forms — waiting period restrained or enjoined, effect of.

Section 188.043 - Medical malpractice insurance required to perform an abortion.

Section 188.044 - Drug or chemical used to induce abortion, warning of birth defects, disability, or other injury — tail insurance required, amount.

Section 188.047 - Tissue submitted for examination — pathologist to file report, copies furnished — department to reconcile notice of abortion to tissue report — annual report required, contents — rulemaking authority.

Section 188.052 - Physician's report on abortion and post-abortion care, when — department to publish statistics.

Section 188.055 - Forms to be supplied to health facilities and physicians.

Section 188.056 - Abortion prohibited after eight weeks gestational age, exception for medical emergency — violation, penalty — severability clause.

Section 188.057 - Abortion prohibited after fourteen weeks gestational age, exception for medical emergency — violation, penalty — severability clause.

Section 188.058 - Abortion prohibited after eighteen weeks gestational age, exception for medical emergency — violation, penalty — severability clause.

Section 188.060 - Records to be retained for seven years.

Section 188.065 - Revocation of license, when.

Section 188.070 - Breach of confidentiality prohibited.

Section 188.075 - Violation of sections 188.010 to 188.085 a class A misdemeanor — affirmative defense — jurisdiction of attorney general.

Section 188.080 - Abortion performed by other than a physician with clinical privileges at a hospital, a felony.

Section 188.085 - Sections 188.010 to 188.085 not to be deemed exclusive of other regulations or remedies.

Section 188.100 - Definitions.

Section 188.105 - Discrimination by employer prohibited because of failure of employee to participate in abortion — exceptions.

Section 188.110 - Discrimination by colleges, universities and hospitals prohibited — no requirement to pay fees, when.

Section 188.115 - Severability clause.

Section 188.120 - Cause of action for violation of discrimination laws, treble damages, attorney's fees.

Section 188.125 - Alternatives to abortion agency, intent to acknowledge certain right of — state preemption, when — actions to enforce, authorized relief — definitions.

Section 188.130 - No cause of action for wrongful life.

Section 188.160 - Whistleblower protection policy, required when — rulemaking authority.

Section 188.200 - Definitions.

Section 188.205 - Use of public funds prohibited, when.

Section 188.210 - Public employees, activities prohibited, when.

Section 188.215 - Use of public facilities prohibited, when.

Section 188.220 - Taxpayer standing to bring suit, when, where.

Section 188.230 - Construction of law.

Section 188.250 - Causing, aiding, or assisting a minor to obtain an abortion prohibited, civil penalty — impermissible defenses — court injunction authorized, when.

Section 188.325 - Program established, services provided — matching moneys to be sought — moneys not to be used for abortions or abortion services.

Section 188.335 - Program established, purpose — matching moneys to be sought — moneys not to be used for abortions or abortion services.

Section 188.375 - Citation of act — definition — limitation on abortion, when — violation, penalty — method or technique to be utilized — severability clause.