Missouri Revised Statutes
Chapter 188 - Regulation of Abortions
Section 188.044 - Drug or chemical used to induce abortion, warning of birth defects, disability, or other injury — tail insurance required, amount.

Effective - 28 Aug 2019
188.044. Drug or chemical used to induce abortion, warning of birth defects, disability, or other injury — tail insurance required, amount. — 1. When a drug or chemical, or combination thereof, used by a person to induce an abortion carries a warning from its manufacturer or distributor, a peer-reviewed medical journal article, or a Food and Drug Administration label that its use may cause birth defects, disability, or other injury in a child who survives the abortion, then in addition to the requirements of section 188.043, such person shall also carry tail insurance with coverage amounts of at least one million dollars per occurrence and three million dollars in the annual aggregate for personal injury to or death of a child who survives such abortion. Such policy shall be maintained in force or be in effect for a period of twenty-one years after the person used the drug or chemical, or combination thereof, to induce the abortion.
2. For the purpose of this section, "tail insurance" means insurance which covers the legal liability of the insured once a medical malpractice insurance policy is cancelled, not renewed, or terminated, and covers claims made after such cancellation or termination for acts occurring during the period the prior medical malpractice insurance was in effect.
3. No abortion facility or hospital shall employ or engage the services of a person to induce an abortion on another using any drug or chemical, or combination thereof, which may cause birth defects, disability, or other injury in a child who survives the abortion if the person does not have tail insurance pursuant to this section, except that the abortion facility or hospital may provide tail insurance for the services of persons employed or engaged by such facility or hospital which is no less than the coverage amounts and duration set forth in this section.
4. Notwithstanding the provisions of section 334.100 to the contrary, failure of a person to maintain the tail insurance required by this section shall be an additional ground for sanctioning of a person's license, certificate, or permit.
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(L. 2019 H.B. 126)

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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.