Missouri Revised Statutes
Chapter 188 - Regulation of Abortions
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.

Effective - 24 Oct 2017, 2 histories
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. — 1. All tissue, except that tissue needed for purposes described in subsection 5 of this section, removed at the time of abortion shall be submitted within five days to a board-eligible or certified pathologist for gross and histopathological examination. The pathologist shall file a copy of the tissue report with the state department of health and senior services, and shall provide within seventy-two hours a copy of the report to the abortion facility or hospital in which the abortion was performed or induced. The pathologist's report shall be made a part of the patient's permanent record. If the pathological examination fails to identify evidence of a completed abortion, the pathologist shall notify the abortion facility or hospital within twenty-four hours.
2. The department shall reconcile each notice of abortion with its corresponding tissue report. If the department does not receive the notice of abortion or the tissue report, the department shall make an inquiry of the abortion facility or hospital. After such inquiry, if the hospital or abortion facility has not satisfactorily responded to said inquiry and the department finds that the abortion facility or hospital where the abortion was performed or induced was not in compliance with the provisions of this section, the department shall consider such noncompliance a deficiency requiring an unscheduled inspection of the facility to ensure the deficiency is remedied, subject to the provisions of chapter 197 regarding license suspensions, reviews, and appeals.
3. Beginning January 1, 2018, the department shall make an annual report to the general assembly. The report shall include the number of any deficiencies and inquiries by the department of each abortion facility in the calendar year and whether any deficiencies were remedied and, for each abortion facility, aggregated de-identified data about the total number of abortions performed at the facility, the termination procedures used, the number and type of complications reported for each type of termination procedure, whether the department received the tissue report for each abortion, and the existence and nature, if any, of any inconsistencies or concerns between the abortion reports submitted under section 188.052 and the tissue report submitted under this section. The report shall not contain any personal patient information the disclosure of which is prohibited by state or federal law.
4. All reports provided by the department to the general assembly under this section shall maintain confidentiality of all personal information of patients, facility personnel, and facility physicians.
5. Nothing in this section shall prohibit the utilization of fetal organs or tissue resulting from an abortion for medical or scientific purposes to determine the cause or causes of any anomaly, illness, death, or genetic condition of the fetus, the paternity of the fetus, or for law enforcement purposes.
6. The department may adopt rules, regulations, and standards governing the reports required under this section. In doing so, the department shall ensure that these reports contain all information necessary to ensure compliance with all applicable laws and regulations. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after October 24, 2017, shall be invalid and void.
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(L. 1979 H.B. 523, et al., A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
(1983) Statute requiring pathology reports following all abortions is constitutional because it is reasonably related to important health-related state concerns. Planned Parenthood of Kansas City, Mo. v. Ashcroft, 103 S.Ct. 2517.

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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.