Missouri Senate Bill SB778

Missouri 2022 Regular Session

• Introduced: 1/5/22
• Refer: 1/13/22

Caption

Prohibits abortions following the detection of a fetal heartbeat and adds a private cause of action

Impact

The bill would replace existing laws with new stipulations that tighten regulations on abortion practices. It establishes penalties for those who violate the provisions laid out in the bill, including civil accountability through the creation of private causes of action as detailed in section 188.910. This change empowers individuals to initiate lawsuits against doctors or anyone involved in the abortion process if they believe an abortion was performed in violation of the heartbeat detection requirements. Thus, it empowers private citizens to enforce the law rather than relying on state intervention.

Summary

Senate Bill 778 aims to significantly alter the legal framework surrounding abortion in Missouri. The bill prohibits any abortion procedure once a detectable fetal heartbeat is identified, a measure set forth in section 188.909. Physicians are mandated to perform a test to detect a fetal heartbeat and document the results. If a fetal heartbeat is detected, an abortion cannot be performed unless it falls under a medical emergency exemption. This legislation is noteworthy for its specific emphasis on medical procedures and documentation related to abortion, asserting stringent requirements for healthcare providers.

Contention

Supporters argue that SB778 brings critical respect for unborn life and enforces necessary medical standards before an abortion procedure is carried out. Critics, however, raise concerns regarding the implications for women's rights and healthcare access. They argue that the bill may restrict women's reproductive choices and create barriers to accessible healthcare, particularly in situations where immediate medical decisions are necessary. The reliance on private civil action for enforcement raises alarms about the potential for harassment of healthcare providers and may deter them from offering services due to fear of litigation.