SECOND REGULAR SESSION

HOUSE BILL NO. 1853

96TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES NEWMAN (Sponsor), JONES (63), McCREERY, NICHOLS, WALTON GRAY, OXFORD, PACE, MORGAN AND SPRENG (Co-sponsors).

6011L.01I D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 568, RSMo, by adding thereto one new section relating to prohibiting vasectomies, with a penalty provision.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 568, RSMo, is amended by adding thereto one new section, to be known as section 568.200, to read as follows:

568.200. 1. As used in this section, "vasectomy" means a surgical procedure performed on males in which the vas deferens are cut, tied, cauterized, or otherwise interrupted in such a manner that the semen no longer contains sperm and conception cannot occur.

2. No vasectomy is authorized or shall be performed in violation of this section. In determining whether a vasectomy is necessary, no regard shall be made to the desire of a man to father children, his economic situation, his age, the number of children he is currently responsible for, or any danger to his wife or partner in the event a child is conceived. A vasectomy shall only be performed to avert the death of the man or avert serious risk of substantial and irreversible physical impairment of a major bodily function of the man. No such condition shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the man or that the man will purposefully engage in conduct which he intends to result in his death or in substantial and irreversible physical impairment of a major bodily function.

3. No vasectomy is authorized or shall be performed unless the vasectomy is performed in a licensed hospital, a licensed ambulatory surgical center, or other health facility licensed by the department of health and senior services.

4. A vasectomy shall only be performed by a physician licensed under chapter 334.

5. Any person who performs a vasectomy or any person permitting a vasectomy to be performed on him in violation of this section is guilty of a felony and upon a finding of guilt, shall be sentenced to community service of not less than one thousand forty hours in the field of service to needy families, caring for or counseling abused and neglected children or wayward teens, or performing service to inmates in a jail or correctional institution.

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