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BULLET St. Louis City Revised Code Chapter 11.28 Abortions

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 11.28
Abortions

Sections:

11.28.010 Sale of abortion producing drugs.
11.28.020 Abortion defined.
11.28.030 Compliance with Sections 11.28.020--11.28.100.
11.28.040 Licensed physician.
11.28.050 Licensed facilities.
11.28.060 Clinics--Inspection.
11.28.070 Clinics--Existing.
11.28.080 Time limits.
11.28.090 Reports.
11.28.100 Penalty for violation of Sections 11.28.020--11.28.100.
11.28.110 Definitions.
11.28.120 Permit--Required.
11.28.130 Permit--Application.
11.28.140 Permit--Issuance.
11.28.150 Permit--Posting.
11.28.160 Permit--Separate.
11.28.170 Permit--Inspection--Term.
11.28.180 Permit--Renewal.
11.28.190 Permit--Transfer.
11.28.200 Permit--Revocation.
11.28.210 Medical record contents.
11.28.220 Required age.
11.28.230 Zoning.
11.28.240 Certificate of occupancy.
11.28.250 Records.
11.28.260 Examination of records and premises.
11.28.270 Insurance policy.
11.28.280 Cleanliness and sanitation.
11.28.290 Closing hours.
11.28.300 Waste containers.
11.28.310 Compliance.
11.28.320 Rules and regulations.
11.28.330 Licensed physician.
11.28.340 False statements.
11.28.350 Abortions without permit.
11.28.360 Existing clinics.
11.28.370 Penalty for violation of Sections 11.28.110--11.28.370.

11.28.010 Sale of abortion producing drugs.

No person shall be permitted to sell any drug, medicine or other article for the purpose of producing an abortion which is known by the medical profession to produce abortions or that may have a tendency to destroy the human fetus.

Any apothecary, druggist, manufacturer or other person violating any provision of this section shall be guilty of a misdemeanor.
(1948 C. Ch. 46 1: 1960 C. 494.040.)

V.A.M.S.:

563.300 Advertising secret drugs for abortion

11.28.020 Abortion defined.

As used in Sections 11.28.030--11.28.100, the term "abortion" means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
(Ord. 56729 1, 1974.)

11.28.030 Compliance with Sections 11.28.020--11.28.100.

It is unlawful for any person to perform an abortion in the city except in conformity with and under the terms, conditions, regulations and specifications set forth in Sections 11.28.020--11.28.100.
(Ord. 56729 2, 1974.)

V.A.M.S.:

M.B. No. 1211, App. Pamph. p. 1 Abortion

197.032 Refusal to perform abortion

334.100 Physicians and surgeons, license revocation or suspension for unlawful abortion

Cases:

Criminal abortion statutes prohibiting abortions at any stage of pregnancy except to save the life of the mother are unconstitutional. Roe v. Wade, 93 S. Ct. 705, 410 U.S. 113, 35 L.Ed. 2d 147 (1973).

11.28.040 Licensed physician.

Abortions shall be performed by a physician duly licensed to practice the healing arts by the state.
(Ord. 56729 3, 1974.)

11.28.050 Licensed facilities.

No abortion shall be performed outside the confines of a duly licensed general hospital unless it shall be in a duly licensed abortion clinic having at least the equipment, articles, supplies and things on the premises and readily available for use as provided by rules and regulations by the director of health and hospitals to insure prompt and effective management of any emergencies or complications which may occur, and to insure bacteriologic and infections control. Within thirty days following April 4, 1974 and thereafter from time to time, said director shall promulgate rules and regulations for the operation of any licensed abortion clinic, and shall publish such rules and regulations in the city journal which shall remain in effect until changed by such director.
(Ord. 56729 4, 1974.)

11.28.060 Clinics--Inspection.

Any clinic, where abortions are to be performed other than in duly licensed general hospitals, in addition to conforming with the provisions of Section 11.28.030 shall also be subject to such periodic inspections the department of health and hospitals shall determine to be reasonable in order to insure that. the provisions of Sections 11.28.020--11.28.100 and all other laws of the city are being complied with and shall pay costs commensurate with the expense of such inspection.
(Ord. 56729 5, 1974.)

11.28.070 Clinics--Existing.

Any clinic in which any abortions are being performed, however named or designated, which is in operation on April 4, 1974, shall comply with the provisions of Sections 11.28.020--11.28.100 no later than sixty days following April 4, 1974.
(Ord. 56729 6, 1974.)

11.28.080 Time limits.

No abortion shall be performed where more than twenty-two weeks have elapsed since the date of the conception of the fetus except to preserve the life or health of the mother. No abortion shall be performed except in a duly licensed general hospital where more than twelve weeks have elapsed since the date of the conception of the fetus. Within twelve weeks from the date of conception abortions may be performed only in a duly licensed general hospital or licensed abortion clinic.
(Ord. 56729 7, 1974.)

11.28.090 Reports.

Any clinic, or hospital, where abortions are to be performed shall file monthly reports to the health commissioner following April 4, 1974 on forms the health commissioner shall provide giving the number of abortions performed, the number of patients seeking abortion procedures, the estimated age of the fetus at the time of the abortion, the abortion procedures used, frequency and nature of complications, plus any other items of information requested by the department of health and hospitals.
(Ord. 56729 8, 1974.)

11.28.100 Penalty for violation of Sections 11.28.020--11.28.100.

If any portion of the Sections 11.28.020--11.28.100 shall be violated by any person, firm or corporation, the director of health and hospitals shall order the clinic to close. If the clinic shall continue to operate after such an order to close, a complaint shall be filed by the director of health and hospitals to the city counselor's office for noncompliance. Such noncompliance is a misdemeanor and upon conviction the person, firm or corporation shall be fined not less than two hundred fifty dollars nor more than five hundred dollars or by imprisonment for not more than ninety days or by both fine and imprisonment.
(Ord. 56729 10, 1974.)

11.28.110 Definitions.

As used in Sections 11.28.110--11.28.370 the term "abortion clinic" is hereby defined to mean any place open to members of the public where abortions are performed, regardless of whether abortions are performed for profit or not, but excepting duly licensed general hospitals.

As used in Sections 11.28.110--11.28.370 the term "abortion" means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus, except those found on advice of a licensed physician to be necessary to preserve the life of the mother.
(Ord. 56579 1, 1973.)

11.28.120 Permit--Required.

No person, either as owner, agent or manager shall operate, conduct, or maintain an abortion clinic without having first obtained a permit therefor from the board of public service.
(Ord. 56579 2, 1973.)

Cases:

Ordinance 56579 of the city of St. Louis is, by reason of its failure to exclude the first trimester of pregnancy, an invalid and overbroad enactment infringing unreasonably upon fundamental rights. Word v. Poelker, 495 F. 2d. 1349 (1974).

11.28.130 Permit--Application.

The application for said permit, which shall be filed with the board of public service shall contain the following:

A. The full and correct name of the applicant, his business address, his current residence, and past residences for a period of five years and the length of time the applicant has been a resident of the state. If the applicant is a firm, partnership or association, the full business address of such organization shall be given. If the applicant is a corporation, the full and correct name of such corporation and the name of the state under the laws of which it is incorporated shall be stated in the application. If the applicant is a corporation, the names and address of the current board of directors and the names and resident addresses of all current officers.

B. The names and business and residence addresses of any physician who shall render medical service or treatment at the premises of the applicant along with a written statement from each member of the medical staff, the resident physician or surgeon, superintendent, and matron, certifying that he or she will serve on the staff of the institution as stated by the applicant for such permit. If during the permit period any other physicians shall desire to render medical services at the premises of the applicant, the information required in the original application shall be properly submitted to the director of health and hospitals in the form of an addendum to the application and shall be submitted prior to any medical services being rendered by said physician.

C. The names of all nurses or other personnel, employed by the applicant, who shall be providing direct medical care, immediately prior, during or after, to persons upon whom an abortion has been performed. The applicant shall during the permit period submit similar information regarding any such new employees, prior to their employment.

D. The application shall state the training and past experience of the applicant, pertinent to the application. If the applicant is a corporation, a like description of the training and past experience of its officers shall be stated. Also, the same information should be supplied regarding those physicians who will be performing abortions in the clinic in respect to their training and relevant past experience.

E. The applicant, if an individual, or if a corporation, then its officers, shall state their previous occupations or employment for a period of five years prior to making the application.

F. A description of medical facilities and major equipment which shall be available and used at the premises of the clinic.

G. The applicant shall submit a schedule of all fees to be charged for all services which are rendered in respect to performing an abortion and shall post, upon receiving a permit, a copy of such fee schedule on the premises.

H. The applicant shall provide a sketch, plat or drawing of the premises showing the dimensions thereon with rooms and areas appropriately labeled.

I. The applicant shall submit a copy of a working agreement with a duly licensed general hospital to provide for transfer of patients for emergency treatment whenever necessary. Plans for the transportation of such patients to such hospital at a travel time of not less than five minutes shall be arranged so that treatment can begin in ten minutes.

J. The applicant shall make an oath before a notary public, affirming the truth of statements made in the application or if the applicant is a corporation, the oath of affirmation shall be made by the president and the secretary of the corporation.
(Ord. 56579 3, 1973.)

11.28.140 Permit--Issuance.

The issuance of the permit to an abortion clinic described herein, and its continuance shall be subject to the following restrictions, conditions and requirements of Sections 11.28.110--11.28.370.
(Ord. 56579 6 (part), 1973.)

11.28.150 Permit--Posting.

The permit issued in accordance with Sections 11.28.110--11.28.370 shall be conspicuously displayed in the place of business of the permittee and also a copy of Sections 11.28.110--11.28.370 shall be posted conspicuously on the said premises.
(Ord. 56579 6 (F), 1973.)

11.28.160 Permit--Separate.

No abortions may be performed under any permit issued hereunder unless it shall be performed at the permanent address listed on the application. Any additional premises or address at which abortions are to be performed requires a separate and distinct permit.
(Ord. 56579 6 (G), 1973.)

11.28.170 Permit--Inspection--Term.

The board of public service within a reasonable time after receipt of an application which complies with the provisions of Section 11.28.130, shall cause such an investigation by the director of health and hospitals or his appointee as is necessary to determine if the conditions and requirements of Sections 11.28.110--11.28.370 have been complied with. If the requirements have been complied with, the board of public service shall issue a permit valid for a period of one year from date of issuance.
(Ord. 56579 7, 1973.)

11.28.180 Permit--Renewal.

The renewal of any permit hereunder shall require conformance with all of the requirements of Sections 11.28.110--11.28.370 as upon original application.
(Ord. 56579 8, 1973.)

11.28.190 Permit--Transfer.

No permit granted hereunder shall be transferable.
(Ord. 56579 10, 1973.)

11.28.200 Permit--Revocation.

The board of public service shall revoke any permit issued under Sections 11.28.110--11.28.370 for any wilful violation by a permittee of any of the provisions, conditions, restrictions and requirements contained herein, provided such permit shall be revoked only after the permittee shall have been notified in writing at his place of business of the violations complained of and shall be afforded an opportunity to be heard in answer to any alleged violation. The notice shall fix a time and place at which the board of public service shall hear and determine the alleged violations. The service of such notice shall not be less than three days prior to the time fixed therein for a hearing.
(Ord. 56579 14, 1973.)

11.28.210 Medical record contents.

As a part of the medical record abortion clinic shall require, before an abortion may be performed, a statement by a licensed physician stating the name, age and address of the person, the dates on which he examined her and his best medical judgment as to the date of conception of the fetus.
(Ord. 56579 4, 1973.)

11.28.220 Required age.

No abortion clinic shall perform an abortion upon any female person under the age of twenty-one years of age, unless the written consent to said abortion shall be obtained from either the husband, one of the natural parents or legal guardian of said female person.
(Ord. 56579 5, 1973.)

11.28.230 Zoning.

No abortion clinic shall be permitted on any parcel of real property which is located in any of the following residential zoning districts: "A" single-family; "B" two-family; "C" multiple-family.
(Ord. 56579 6 (A), 1973.)

11.28.240 Certificate of occupancy.

No abortion clinic shall be granted a permit unless a certificate of occupancy shall first be obtained from the building commissioner.
(Ord. 56579 6 (B), 1973.)

11.28.250 Records.

Every abortion clinic shall keep records on its premises consisting of all the certifications described in and required by Section 11.28.210 and all written consents to abortions described in and required by Section 11.28.220.
(Ord. 56579 6 (C), 1973.)

11.28.260 Examination of records and premises.

The director of health and hospitals or his designated representatives shall be allowed by any abortion clinic to enter at reasonable hours to examine any records required to be kept by Sections 11.28.110--11.28.370 and for the further purpose of determining whether all of the provisions of Sections 11.28.110--11.28.370 are being complied with.
(Ord. 56579 6 (D), 1973.)

11.28.270 Insurance policy.

No permit shall be issued until and unless the applicant shall first obtain a policy of insurance, from a company authorized to do business in the state, which provides insurance coverage against claims against the abortion clinic for bodily injury or wrongful death, with limits of said coverage to be in the amount of one hundred thousand dollars or more. The insurance policy required hereunder shall contain a provision for a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon, that the liability of the insurer shall not be affected by the insolvency or the bankruptcy of the insured. Every insurance policy required hereunder shall extend for the period to be covered by the permit applied for and the insurer shall be obliged to give written notice to the director of health and hospitals and to the insured before any cancellation or termination thereof earlier than its expiration date and the cancellation or other termination of any such policy shall automatically revoke and terminate the permit hereunder until another policy of insurance complying with the terms hereof shall have been obtained.
(Ord. 56579 6 (E), 1973.)

11.28.280 Cleanliness and sanitation.

Prior to the issuance of a permit, the board of public service shall request that the health commissioner inspect the facilities of the abortion clinic and submit a report to said board whether the clinic meets the standards of cleanliness and sanitation required of health clinics in the city and those requirements applicable to clinics under Ordinance No. ________, and lawful regulations of the director of health and hospitals provided in Section 11.28.320.
(Ord. 56579 6 (H), 1973.)

11.28.290 Closing hours.

Hours of operation shall be based upon the working agreement between the affiliated licensed hospital and abortion clinic.
(Ord. 56579 6 (I), 1973.)

11.28.300 Waste containers.

All abortion clinics shall be kept in a clean, healthful and sanitary condition. Tightly covered metal containers shall be provided in quantities adequate to permit disposal of all waste and litter. All waste organic tissue shall be disposed of by incineration.
(Ord. 56579 6 (J), 1973.)

11.28.310 Compliance.

The clinic shall comply with all laws and local ordinances relating to health, sanitation and safety.
(Ord. 56579 6 (K), 1973.)

11.28.320 Rules and regulations.

The director of health and hospitals is hereby authorized and directed to promulgate rules and regulations, after public notice, governing standards to be complied with by abortion clinics, for the health and safety of the persons upon whom abortions are to be performed. In determining such rules and regulations, the director shall take into account recommendations which may have been adopted by the American Medical Association or any other recognized medical association relating to the operation, facilities and equipment of abortion clinics. Before any permit hereunder shall be issued, the director of health and hospitals shall certify that the applicant has complied with his rules and regulations so promulgated.
(Ord. 56579 6 (L), 1973.)

11.28.330 Licensed physician.

Abortion clinics shall keep in attendance during all regular business hours a physician licensed to practice medicine and surgery in the state and who is actively engaged in the practice of medicine and surgery.
(Ord. 56579 6 (M), 1973.)

11.28.340 False statements.

No person shall make, in respect to any written statement or certification required by Sections 11.28.110--11.28.370, a knowingly false statement.
(Ord. 56579 11, 1973.)

11.28.350 Abortions without permit.

No person shall assist in, procure or perform an abortion operation on the premises of an abortion clinic, as defined herein, which is not in possession of a duly issued permit.
(Ord. 56579 12, 1973.)

11.28.360 Existing clinics.

Any abortion clinic which is in operation on July 26, 1973 shall be required to comply with the provisions of Sections 11.28.110--11.28.370 no later than sixty days following July 26, 1973.
(Ord. 56579 13, 1973.)

11.28.370 Penalty for violation of Sections 11.28.110--11.28.370.

Any person, firm or corporation which shall violate any provisions of Sections 11.28.110--11.28.370 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred fifty dollars nor more than five hundred dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment.
(Ord. 56579 15, 1973.)

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