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MO HB1236
Bill
Status
1/6/2010
Primary Sponsor
Cynthia Davis
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AI Summary
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Establishes the "Negligent Screening Act" creating a definition of medical negligence for abortion procedures that fail to meet specified screening and informed consent requirements.
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Requires a qualified person (physician, psychologist, social worker, counselor, or nurse) to evaluate patients for coercion and identify risk factors before abortion, with written documentation of findings.
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Mandates that patients be informed in writing about complications associated with identified risk factors, including quantifiable risk rates, unless risks are determined to be negligible or medical emergency exists.
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Entitles women or survivors to $10,000 per screening/disclosure violation plus actual damages and attorney's fees; creates presumption that non-compliance means patient would not have pursued abortion and that negligence was willful and wanton.
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Allows civil actions for reckless endangerment against unlicensed individuals performing abortions with minimum damages of $800,000; establishes two-year statute of limitations for civil suits with extensions for death or discovery of complications.
Legislative Description
Establishes the Negligent Screening Act which identifies criteria for medical negligence when an abortion is performed and certain considerations have not been met
Last Action
Referred: Spec Standing Committee on Children & Families (H)
5/14/2010