July 5, 2017
TO ALL MEMBERS OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF MISSOURI:
WHEREAS, by my proclamation dated June 7, 2017, I convened the Ninety-Ninth General Assembly of the State of Missouri in the Second Extra Session of the First Regular Session; and
WHEREAS, it has come to my attention that additional extraordinary matters need to be considered during this Second Extra Session; and
WHEREAS, the said Second Extra Session of the General Assembly has convened in the City of Jefferson on June 12, 2017, pursuant to my call.
NOW THEREFORE, I, ERIC R. GREITENS, GOVERNOR OF THE STATE OF MISSOURI, pursuant to the authority vested in me as Governor by the Constitution of the State of Missouri, do hereby amend the matters specifically designated in said Proclamation for consideration by the General Assembly as follows:
I HEREBY state that the action of said General Assembly is deemed necessary concerning each matter specially designated and limited hereinafter as follows:
- To amend section 197.200, RSMo, to define "Abortion Facility" or "Abortion Facilities;"
- To amend section 197.200, RSMo, by deleting the portion of the definition of "ambulatory surgical center" that includes "any establishment operated for the purpose of performing or inducing any second or third-trimester abortions or five or more first-trimester abortions per month;"
- To amend chapters 188, 191, 192, 197, and 595 so that each and every applicable section and subsection applies to "Abortion Facility" or "Abortion Facilities;"
- To amend section 197.215, RSMo, to require that "Abortion Facilities" provide affirmative evidence that each person performing an abortion is a physician currently licensed to practice in Missouri;
- To add a new subsection to § 197.225, RSMo, that authorizes the Department of Health and Senior Services to adopt rules, regulations, and standards regarding patient health and safety that apply to ambulatory surgical centers and, separately, that apply to "Abortion Facility" or "Abortion Facilities;"
- To add a new subsection to § 197.225, RSMo, that requires "Abortion Facilities" to maintain a written protocol for managing medical emergencies and the transfer of patients requiring further emergency care to a hospital within a reasonable distance from the "Abortion Facility;"
- To amend section 197.287, RSMo, to require that all "Abortion Facilities'' comply with the requirements of said section by July 1, 2018;
- To add a new subsection to § 197.230, RSMo, that requires the Department of Health and Senior Services to annually inspect every "Abortion Facility" for safety and compliance with state law and to establish the requirements of such inspections and to make reports of such inspections publicly available;
- To amend the definition of "nosocomial infection" in section 192.665, RSMo, to be defined according to the definition established by the federal Centers for Disease Control and Prevention;
- To add a new section to chapter 188 that preempts a political subdivision from enacting a law or policy that adversely affects the operations, speech, or legal rights of a person or entity due to that person or entity's view on abortion; acknowledges those legal rights; and establishes judicial mechanisms to protect those legal rights;
- To add a new subsection to § 188.021, RSMo, that requires "Abortion Facilities" to submit to the Department of Health and Senior Services their plans for dealing with complications resulting from certain abortions, to obtain approval from the Department of Health and Senior Services of these complication plans; and, further, to authorize the Department of Health and Senior Services to adopt rules, regulations, and standards governing these plans;
- To amend sections 188.027.9 and 188.039.6, RSMo, to define "qualified professional" as a physician who has referred the woman to the physician who is to perform the abortion, or to an advance practice registered nurse engaged in a collaborative practice agreement with the physician who is to perform the abortion, as provided for in section 334.104, RSMo;
- To amend section 188.027, RSMo, to require that the physician performing the abortion inform the woman seeking an abortion of the medical risks associated with the proposed abortion method;
- To amend sections 188.027 and 188.039, RSMo, to apply to "the referring physician;"
- To add a new section to chapter 574 that prohibits a person, while working in an "Abortion Facility," from knowingly ordering, requesting, or attempting to prevent medical personnel or emergency services personnel from providing care to a patient in accordance with ordinary standards of care for reasons unrelated to that patient's health or welfare and to create the offense of interference with medical assistance;
- To add a new subsection to § 188.075, RSMo, that allows the Attorney General of Missouri to have concurrent original jurisdiction throughout the State, along with each prosecuting attorney and circuit attorney within their respective jurisdictions, to prosecute violations of chapter 188, violations of any state law on the use of public funds for abortion, and violations of any state law that regulates an "Abortion Facility" or person performing or inducing abortion, including the offense of interference with medical assistance;
- To amend section 188.047, RSMo, to modify the law relating to the requirement of pathological examinations and related reports, and further, to authorize the Department of Health and Senior Services to adopt rules, regulations, and standards governing such examinations and reports;
- To add a new section to chapter 188 protecting employees who disclose violations of applicable federal or state law related to chapter 188, and, further, authorizing the Department of Health and Senior Services to adopt rules, regulations, and standards regarding the implementation of such policies;
- To add an Emergency Clause to all legislation enacted by the Ninety-Ninth General Assembly of the State of Missouri in the Second Extra Session of the First Regular Session; and
- Such additional and other matters as may be recommended by the Governor by special message to the General Assembly after it shall have convened.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 5th day of July, 2017.
[Eric R. Greitens's signature]
Eric R. Greitens
[Jay Ashcroft's signature]
John R. Ashcroft
Secretary of State