HCS HBs 680 & 339 -- PAIN CAPABLE UNBORN CHILD ACT

SPONSOR: Coleman (97)

COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Children and Families by a vote of 9 to 4. Voted "Do Pass" by the Standing Committee on Rules- Administrative Oversight by a vote of 6 to 3.

This bill establishes the "Pain Capable Unborn Child Protection Act," which specifies that no abortion may be performed or induced, or attempted to be performed or induced if the probable gestational age of the fetus has been determined by a physician to have reached the pain capable gestational age, unless it is necessary to avert the patient's death or serious risk of substantial and irreversible physical impairment of a major bodily function. The physician must terminate such pregnancy in a manner which provides the best opportunity for the fetus to survive unless doing so would pose a greater risk of death or substantial and irreversible physical impairment of a major bodily function to the patient.

Any physician who performs or induces an abortion shall report certain information, as specified in the bill, to the Department of Health and Senior Services. Beginning June 30, 2020, the department must issue a statistical report of reported information during the previous calendar year.

Any physician or other licensed medical practitioner who intentionally or recklessly performs or induces an abortion in violation of this bill is subject to discipline from the appropriate licensure board.

This bill is the same as HB 339 and HB 1266 (2018).

PROPONENTS: Supporters say that this bill is necessary to save unborn children and protect women from making choices that they can regret for their entire lives.

Testifying for the bill were Representative Coleman; Joanne Schrader; Zena Hackworth; Colleen Mcnicholas; Bonnie Lee; Campaign Life Missouri; and Susan Klein, Missouri Right to Life.

OPPONENTS: Those who oppose the bill say that most abortions are completed earlier than "pain-capable" standard set in this bill. However, those that take place after are usually done for factors that impact fetal viability and life or health of the mother and it is important to protect those options.

Testifying against the bill were Dianna Fine, National Council Of Jewish Women - St. Louis; Jennifer Box; American Civil Liberties Union-Missouri; and Planned Parenthood Advocates.

Statutes affected:
Introduced (1651H.1): 188.27, 188.375
Committee (1651H.3): 188.27, 188.375