Legislation / Court Cases

Missouri Right of Conscience (2008)

For more information about Right of Conscience, visit

http://www.aul.org/Rights_of_Conscience

 

 

MO protects all healthcare providers who object to participating in
abortions.

Here are some MO Code sections that should be of help:

TITLE 12.  PUBLIC HEALTH AND WELFARE (Chs. 188-215)
CHAPTER 188.  REGULATION OF ABORTIONS

§ 188.105 R.S.Mo.  (2008)

§ 188.105. Discrimination by employer prohibited because of failure of
employee to participate in abortion–exceptions

   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.

TITLE 12.  PUBLIC HEALTH AND WELFARE (Chs. 188-215)
CHAPTER 197.  MEDICAL TREATMENT FACILITY LICENSES
HOSPITAL LICENSING LAW

§ 197.032 R.S.Mo.  (2008)

§ 197.032. Hospitals and medical personnel may refuse abortions–no denial
of public benefits for such refusal–civil action, when

   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
abortion.

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.

TITLE 12.  PUBLIC HEALTH AND WELFARE (Chs. 188-215)
CHAPTER 208.  OLD AGE ASSISTANCE, AID TO DEPENDENT CHILDREN AND GENERAL
RELIEF
HEALTH CARE FOR UNINSURED CHILDREN

§ 208.655. Abortion counseling prohibited, exceptions

   No funds used to pay for insurance or for services pursuant to sections
208.631 to 208.657 may be expended to encourage, counsel or refer for
abortion unless the abortion is done to save the life of the mother or if
the unborn child is the result of rape or incest. No funds may be paid
pursuant to sections 208.631 to 208.657 to any person or organization that
performs abortions or counsels or refers for abortion unless the abortion is
done to save the life of the mother or if the unborn child is the result of
rape or* incest.