Missouri Bill Regarding Aborted Fetal Tissue (HB 7)

HB 7 would amend current Missouri law regarding fetal tissue obtained from abortion procedures.

Fetal Organs and Tissue Reporting Requirements

The bill would require that all fetal organs and tissue removed at the time of an abortion be sent to a pathologist for gross and histopathological examination. All fetal organs and tissue reports issued by the pathologist would need to contain the following information:

• The estimated gestational age of the fetal organs and tissue;
• Whether all fetal organs and tissue were received that would be common for a specimen of such estimated gestational age;
• If the pathologist finds that all fetal organs and tissues were not received, what portion of the fetal organs and tissue were not received;
• A gross diagnosis and detailed gross findings of what was received including the percent blood clot and the percent tissue;
• The date the fetal organs and tissue were remitted to be disposed and the location of such disposal;
• A certification that all submitted fetal organs and tissue have been disposed in accordance with state laws and regulations, including the federal Clinical Laboratory Improvement Amendments (CLIA); and
• The name and physical address of the entity conducting the examination of the specimen containing the fetal organs and tissue.

Each specimen would need to be given a unique identification number to allow the specimen to be tracked. Each facility that handles the specimen, including the abortion facility, the pathology lab, and the final disposition site, would be required to send the Department of Health and Human Services a report documenting the date the specimen was collected, transported, received, and disposed.

TRAP

The department would need to reconcile each notice of abortion with its corresponding fetal organs and tissue report.

If the department does not receive either a notice or a report, the department would be required to conduct an investigation and, if a deficiency is discovered, must perform an unscheduled inspection of the facility to ensure such deficiency is remedied. If the deficiency is not remedied, the department must suspend the abortion facility’s or hospital’s license for at least one year, subject to applicable licensure procedures.

The bill would require the department, beginning January 1, 2018, to make an annual report to the General Assembly. The report would need to include all reports and information received by the department under this law, the number of any deficiencies of each abortion facility in the year and whether such deficiencies were remedied, and the following for each abortion procedure reported:

• The termination procedure used with a clinical estimation of gestation;
• Whether the department received the fetal organs and tissue report for that abortion, along with a certification of the disposal of the fetal organs and tissue; and
• The existence and nature, if any, of any inconsistencies or concerns between the abortion report and the fetal organs and tissue report.

Related Legislation

Similar to HB 194 and HB 456, both of which failed to pass during the regular 2017 session.

STATUS

This bill was introduced during the 2017 special session.

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