Vetoed by Governor Brad Henry

Full Bill Text
Veto Letter

Vote Smart's Synopsis:

Vote to pass a bill that provides additional abortion regulations, including prohibiting medical employers from reprimanding or discriminating against employees who refuse to participate in abortion procedures, and requiring physicians to perform and explain the results of an ultrasound prior to performing an abortion.

Highlights:

- Extends the medical employee protections to include the refusal to participate in the following [sec. 3 (2-6)]:

- Experiments on an in vitro human embryo that either destroys or does not benefit the embryo; - Experiments or procedure on a developing child that does not benefit the developing child; - Procedures that use fetal tissues or organs that come from some other source than a still birth or miscarriage; or - Acts related to assisted suicide, euthanasia, or mercy killing.

- Requires employers to reasonably accommodate employee religious observances or practices, unless the employer can demonstrate that it would pose undue hardship on the program, enterprise or business of the employer (Sec. 3). - Specifies that these employee protections do not cover the refusal to participate in abortions performed on a woman who suffers from a physical disorder, injury, or illness that require an abortion be performed immediately to avert death, and no other competent personnel are available [sec. 3 (1)]. - Specifies that no health care facility is required to admit any patient for the above medical procedures [sec. 4 (A)]. - Grants civil immunity to medical employees for any damages caused as a result of refusing to participate in the above medical procedures on religious or moral grounds [sec. 4 (C)]. - Requires physicians, at least one hour prior to performing an abortion, to perform an obstetric ultrasound on the woman, display the images for her to view, provide a medical explanation of what she is viewing, and obtain a written certification from the woman that the physician has preformed these requirements [sec. 12 (B)]. - Requires physicians who prescribe, dispense, or sell mifepristone (RU-486), for the purpose of inducing an abortion, to immediately report an incomplete abortion, severe bleeding, or adverse reaction caused by the drug to the State Board of Medical Licensure and Supervision or State Board of Osteopathic Examiners [sec. 7 (D)]. - Requires any medical facility that provide abortions to conspicuously post a sign in each patient waiting room or patient consultation room that is used for patients seeking abortions that explains that it is against the law for anyone, regardless of their relationship to the woman, to force the woman have an abortion (Sec. 8). - Requires physicians to orally inform a minor seeking an abortion that no one can force her to have an abortion, and an abortion may only be performed with her freely given, voluntary, and informed consent. The minor must certify in writing that the physician fulfilled this requirement [sec. 10 (A)]. - Established the effective date of this Act as November 1, 2008 (Sec. 15). - This is a substitute bill sponsored by the Judiciary and Public Safety Committee that was amended on the floor of the House.

Full Bill Text