Effective - 28 Aug 1986
188.025. Hospital required, when. — Every abortion performed at sixteen weeks gestational age or later shall be performed in a hospital.
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(L. 1974 H.B. 1211 § 4, A.L. 1979 H.B. 523, et al., A.L. 1986 H.B. 1596)
(1981) A requirement that second trimester dilation and evacuation abortions be performed in hospital is unconstitutional because the court found that an outpatient procedure was no more dangerous to maternal health than a hospital procedure while being far less expensive. Planned Parenthood v. Ashcroft (8th Cir.), 664 F.2d 687.
(1983) The second-trimester hospitalization requirement of this statute is unconstitutional because it unreasonably infringes upon a woman's constitutional right to obtain an abortion. Planned Parenthood of Kansas City, Mo. v. Ashcroft, 103 S.Ct. 2517.
(1987) United States District Court for the Western District of Missouri Central Division, on March 17, 1987, held that section 188.025 was unconstitutional and the state was permanently enjoined from enforcing this provision. Reproductive Health Services v. William L. Webster, 655 F.Supp. 1300 (W.D. Mo.).
(1988) United States Court of Appeals for the Eighth Circuit affirmed the district court's judgment that this section is unconstitutional. Reproductive Health Services v. William L. Webster, 851 F.2d 1071 (8th Cir.).
Structure 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 188.018 - Severability clause.
Section 188.020 - Physician, required to perform.
Section 188.023 - Reports of rape or under age eighteen sexual abuse, required to report, how.
Section 188.025 - Hospital required, when.
Section 188.028 - Minors, abortion requirements and procedure.
Section 188.035 - Death of child aborted alive deemed murder in second degree, when.
Section 188.037 - Experimentation with fetus, or child aborted alive, prohibited, exception.
Section 188.043 - Medical malpractice insurance required to perform an abortion.
Section 188.055 - Forms to be supplied to health facilities and physicians.
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 188.100 - Definitions.
Section 188.115 - Severability clause.
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.