Chapter 188 Regulation of Abortions
Discrimination by employer prohibited because of failure of employee to
participate in abortion--exceptions.
188.105. 1. It shall be unlawful:
(1) For an employer:
(a) To fail or refuse to hire or to discharge any
individual, or otherwise to discriminate against any individual with respect
to his or her compensation, terms, conditions, or privileges of employment,
because of such individual's refusal to participate in abortion;
(b) To limit, segregate, or classify his, her, or its
employees or applicants for employment in any way which would deprive or
tend to deprive any individual of employment opportunities or otherwise
adversely affect his or her status as an employee, because of such
individual's refusal to participate in abortion;
(c) To discharge, expel, or otherwise discriminate
against any person because he or she has opposed any practices forbidden
under sections 188.100 to 188.120 or because he or she has filed a
complaint, testified, or assisted in any legal proceeding under sections
188.100 to 188.120;
(2) For any person, whether an employer or employee, or not, to aid,
abet, incite, compel, or coerce the doing of any of the acts forbidden under
sections 188.100 to 188.120, or to attempt to do so.
2. Notwithstanding any other provision of sections 188.100 to 188.120,
the acts proscribed in subsection 1 of this section shall not be unlawful if
there can be demonstrated an inability to reasonably accommodate an
individual's refusal to participate in abortion without undue hardship on
the conduct of that particular business or enterprise, or in those certain
instances where participation in abortion is a bona fide occupational
qualification reasonably necessary to the normal operation of that
particular business or enterprise.
3. Nothing contained in sections 188.100 to 188.120 shall be interpreted
to require any employer to grant preferential treatment to any individual
because of such individual's refusal to participate in abortion.
(L. 1986 H.B. 1596)
Discrimination by colleges, universities and hospitals prohibited-- no
requirement to pay fees, when.
188.110. 1. No public or private college, university or hospital shall
discriminate against any person for refusal to participate in abortion.
2. No applicant, student, teacher, or employee of any school shall be
required to pay any fees that would in whole or in part fund an abortion for
any other applicant, student, teacher, or employee of that school, if the
individual required to pay the fee gives written notice to the proper school
authorities that it would be in violation of his or her conscience or
beliefs to pay for or fund abortions. The school may require the individual
to pay that part of the fees not funding abortions, if the school makes
reasonable precautions and gives reasonable assurance that the fees that are
paid are segregated from any fund for the payment of abortions.
(L. 1986 H.B. 1596)
Chapter 197 Medical Treatment Facility Licenses
Hospitals and medical personnel may refuse abortions--no denial of public
benefits for such refusal--civil action, when.
197.032. 1. No physician or surgeon, registered nurse, practical nurse,
midwife or hospital, public or private, shall be required to treat or admit
for treatment any woman for the purpose of abortion if such treatment or
admission for treatment is contrary to the established policy of, or the
moral, ethical or religious beliefs of, such physician, surgeon, registered
nurse, midwife, practical nurse or hospital. No cause of action shall accrue
against any such physician, surgeon, registered nurse, midwife, practical
nurse or hospital on account of such refusal to treat or admit for treatment
any woman for abortion purposes.
2. No person or institution shall be denied or discriminated against in
the reception of any public benefit, assistance or privilege whatsoever or
in any employment, public or private, on the grounds that they refuse to
undergo an abortion, to advise, consent to, assist in or perform an
3. Any person who shall deny or discriminate against another for refusal
to perform or participate in an abortion shall be liable to the party
injured in an action at law, suit in equity or other redress.
(L. 1973 H.B. 731 & 793 Â§Â§ 1, 2, 3)
Coverage for certain obstetrical/gynecological services--exclusion of
contraceptive coverage permitted, when--rulemaking authority.
376.1199. 1. Each health carrier or health benefit plan that offers or
issues health benefit plans providing obstetrical/gynecological benefits and
pharmaceutical coverage, which are delivered, issued for delivery, continued
or renewed in this state on or after January 1, 2002, shall:
(1) . . . Nothing in this subsection shall be
construed to require a health carrier to perform, induce, pay for,
reimburse, guarantee, arrange, provide any resources for or refer a patient
for an abortion, as defined in section 188.015, RSMo, other than a
spontaneous abortion or to prevent the death of the female upon whom the
abortion is performed, or to supersede or conflict with section 376.805 . .
4. Notwithstanding the provisions of subdivision (4) of subsection 1 of
this section to the contrary:
(1) Any health carrier may issue to any person or
entity purchasing a health benefit plan, a health benefit plan that excludes
coverage for contraceptives if the use or provision of such contraceptives
is contrary to the moral, ethical or religious beliefs or tenets of such
person or entity;
(2) Upon request of an enrollee who is a member of a
group health benefit plan and who states that the use or provision of
contraceptives is contrary to his or her moral, ethical or religious
beliefs, any health carrier shall issue to or on behalf of such enrollee a
policy form that excludes coverage for contraceptives. Any administrative
costs to a group health benefit plan associated with such exclusion of
coverage not offset by the decreased costs of providing coverage shall be
borne by the group policyholder or group plan holder;
(3) Any health carrier which is owned, operated or
controlled in substantial part by an entity that is operated pursuant to
moral, ethical or religious tenets that are contrary to the use or provision
of contraceptives shall be exempt from the provisions of subdivision (4) of
subsection 1 of this section.
For purposes of this subsection, if new premiums are charged for a
contract, plan or policy, it shall be determined to be a new contract, plan
5. Except for a health carrier that is exempted from providing coverage
for contraceptives pursuant to this section, a health carrier shall allow
enrollees in a health benefit plan that excludes coverage for contraceptives
pursuant to subsection 4 of this section to purchase a health benefit plan
that includes coverage for contraceptives.
66. Any health benefit plan issued pursuant to subsection 1 of this
section shall provide clear and conspicuous written notice on the enrollment
form or any accompanying materials to the enrollment form and the group
health benefit plan contract:
(1) Whether coverage for contraceptives is or is not
(2) That an enrollee who is a member of a group
health benefit plan with coverage for contraceptives has the right to
exclude coverage for contraceptives if such coverage is contrary to his or
her moral, ethical or religious beliefs; and
(3) That an enrollee who is a member of a group
health benefit plan without coverage for contraceptives has the right to
purchase coverage for contraceptives.
7. Health carriers shall not disclose to the person or entity who purchased
the health benefit plan the names of enrollees who exclude coverage for
contraceptives in the health benefit plan or who purchase a health benefit
plan that includes coverage for contraceptives. Health carriers and the
person or entity who purchased the health benefit plan shall not
discriminate against an enrollee because the enrollee excluded coverage for
contraceptives in the health benefit plan or purchased a health benefit plan
that includes coverage for contraceptives.
Physician, health care facility, may refuse decision of attorney in fact,
when--transfer from facility allowed.
404.830. 1. No physician, nurse, or other individual who is a health care
provider or an employee of a health care facility shall be required to honor
a health care decision of an attorney in fact if that decision is contrary
to the individual's religious beliefs, or sincerely held moral convictions.
2. No hospital, nursing facility, residential care facility, or other
health care facility shall be required to honor a health care decision of an
attorney in fact if that decision is contrary to the hospital's or
facility's institutional policy based on religious beliefs or sincerely held
moral convictions unless the hospital or facility received a copy of the
durable power of attorney for health care prior to commencing the current
series of treatments or current confinement.
3. Any health care provider or facility which, pursuant to subsection 1
or 2 of this section, refuses to honor a health care decision of an attorney
in fact shall not impede the attorney in fact from transferring the patient
to another health care provider or facility.
Refusal to honor health care decision, discrimination prohibited, when.
404.872. No physician, nurse, or other individual who is a health care
provider or an employee of a health care facility shall be discharged or
otherwise discriminated against in his employment or employment application
for refusing to honor a health care decision withholding or withdrawing
life-sustaining treatment if such refusal is based upon the individual's
religious beliefs, or sincerely held moral convictions.