188.029. Physician, determination of viability, duties. - Missouri Statutes

Physician, determination of viability, duties.

188.029. Before a physician performs an abortion on a womanhe has reason to believe is carrying an unborn child of twenty ormore weeks gestational age, the physician shall first determineif the unborn child is viable by using and exercising that degreeof care, skill, and proficiency commonly exercised by theordinarily skillful, careful, and prudent physician engaged insimilar practice under the same or similar conditions. In makingthis determination of viability, the physician shall perform orcause to be performed such medical examinations and tests as arenecessary to make a finding of the gestational age, weight, andlung maturity of the unborn child and shall enter such findingsand determination of viability in the medical record of themother.

(L. 1986 H.B. 1596)

(1987) United States District Court for the Western District of Missouri Central Division, on March 17, 1987, held that the second and final sentence of section 188.029 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 the requirement that doctors determine gestational age and fetal weight and lung maturity is unconstitutional. Reproductive Health Services v. William L. Webster, 851 F.2d 1071 (8th Cir.).

(1989) Where tests required by statute would increase expense of abortion and statute regulates discretion of physicians in determining viability of fetuses, statute permissibly furthers state's interest in protecting potential human life and is not unconstitutional. Webster v. Reproductive Health Services, 109 S.Ct. 3040.