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24 February 2011

Mayer: Senate Committee Considers Testimony on Legislation Designed to Protect the Unborn

JEFFERSON CITY – The Senate Committee on General Laws recently heard testimony on a measure sponsored by Senate Leader Robert N. Mayer, R-Dexter, that would change provisions relating to abortions in Missouri with respect to viability.

Senate Bill 65 would amend the definition of “viability” to mean the state of fetal development when it is the physician’s judgment, according to accepted obstetrical or neonatal medical standards of care and practice, that there is a reasonable likelihood the life of the unborn child can still be sustained outside the mother with or without artificial support.

“Protecting the sanctity of life has been and will remain one of my top priorities while serving in the Missouri General Assembly,” said Sen. Mayer. “As a lawmaker, I strive each and every day to provide a voice for those who do not yet have one to share.”

The legislation would also, with the exception of a medical emergency, require the physician to determine the gestational age of the unborn child before performing an abortion. If the doctor determines the baby is 20 weeks or more, the child would be deemed viable and therefore, the physician would not perform or induce an abortion unless it is necessary to preserve the life of the woman.

If the unborn child has reached the gestational age of 20 weeks or more and is not deemed viable, then the physician must report such findings and reasons for such determinations to the State Board of Registration for the Healing Arts and the health care facility in which the abortion is performed. The doctor would also have to include the findings in the patient’s medical records and in the individual abortion report submitted to the Department of Health and Senior Services.

“At 20 weeks, a baby is approximately the length of a banana, he or she can hear sounds and even covers its ears with its hands if things are too noisy, and his or her twisting, turning, punching and kicking movements can start to be felt by the mother,” said Sen. Mayer. “State law already requires mothers to be informed about other alternatives to abortion. My legislation goes one step further, strengthening the definition of the viability of an unborn child so he or she can have a chance to become who they were meant to be.”

Penalties for violating the provisions of this bill would include a Class C felony, and physicians who plead guilty to or are convicted of performing or inducing an abortion in violation of this act would be subject to having his or her license to practice medicine in Missouri suspended for three years. Also, any hospital or ambulatory surgical center violating this act would be subject to suspension or revocation of its license.

With a passing vote, members of the General Laws Committee would give their recommendation for the bill to move on to the full Senate for debate.

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