Effective - 28 Aug 1986
188.210. Public employees, activities prohibited, when. — It shall be unlawful for any public employee within the scope of his employment to perform or assist an abortion, not necessary to save the life of the mother. It shall be unlawful for a doctor, nurse or other health care personnel, a social worker, a counselor or persons of similar occupation who is a public employee within the scope of his public employment to encourage or counsel a woman to have an abortion not necessary to save her life.
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(L. 1986 H.B. 1596 § 3)
(1987) United States District Court for the Western District of Missouri Central Division, on March 17, 1987, held that section 188.210 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.).
(1989) United States Supreme Court reversed the holding of the lower courts and held that prohibition of use of public funds to perform or to assist in performing nontherapeutic abortions was not a violation of the U.S. Constitution. Webster v. Reproductive Health Services, 109 S.Ct. 3040.
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.