Read the full stored bill text
SECOND REGULAR SESSION
SENATE BILL NO. 900
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY .
4518S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 1.205, RSMo, and to enact in lieu thereof two new sections relating to assisted
reproductive technology.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 1.205, RSMo, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 1.205 2
and 376.1211, to read as follows:3
1.205. 1. The general assembly of this state finds 1
that: 2
(1) The life of each human being begins at conception; 3
(2) Unborn children have protectable interests in 4
life, health, and well-being; 5
(3) The natural parents of unborn children have 6
protectable interests in the life, health, and well-being of 7
their unborn child. 8
2. Effective January 1, 1988, the laws of this state 9
shall be interpreted and construed to acknowledge on behalf 10
of the unborn child at every stage of development, all the 11
rights, privileges, and immunities available to other 12
persons, citizens, and residents of this state, subject only 13
to the Constitution of the United States, and decisional 14
interpretations thereof by the United States Supreme Court 15
and specific provisions to the contrary in the statutes and 16
constitution of this state. 17
SB 900 2
3. As used in this section, the term "unborn children" 18
or "unborn child" shall include all unborn child or children 19
or the offspring of human beings from the moment of 20
conception until birth at every stage of biological 21
development, but shall not apply to human embryos created 22
through assisted reproductive technology, including, but not 23
limited to, in vitro fertilization, prior to successful 24
implantation in the uterus. 25
4. Nothing in this section shall be interpreted as 26
creating a cause of action against a woman for indirectly 27
harming her unborn child by failing to properly care for 28
herself or by failing to follow any particular program of 29
prenatal care. 30
376.1211. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Health benefit plan", the same meaning given to 3
the term in section 376.1350; 4
(2) "Infertility", a disease, condition, or status 5
characterized by: 6
(a) The inability to achieve a successful pregnancy 7
based on a patient's medical, sexual, and reproductive 8
history; age; physical findings; diagnostic testing; or any 9
combination thereof; 10
(b) The need for medical intervention, such as the use 11
of donor gametes or donor embryos, to achieve a successful 12
pregnancy either as an individual or with a partner; or 13
(c) An inability to conceive or sustain a successful 14
pregnancy after regular, unprotected sexual intercourse for: 15
a. Twelve months for women under thirty-five years of 16
age; or 17
b. Six months for women thirty-five years of age or 18
older. 19
SB 900 3
2. No health benefit plan providing coverage for more 20
than twenty-five employees that provides pregnancy-related 21
benefits shall be delivered, issued for delivery, continued, 22
amended, or renewed in this state on or after January 1, 23
2027, unless the plan includes coverage for the diagnosis 24
and treatment of infertility. Coverage shall include, but 25
is not limited to, in vitro fertilization, embryo transfer, 26
artificial insemination, and medically necessary oocyte 27
cryopreservation for patients undergoing medical treatments 28
known to cause significant impairment of fertility, such as 29
chemotherapy. 30
3. Coverage for in vitro fertilization shall be 31
required under this section only if: 32
(1) The covered individual has been unable to achieve 33
or sustain a successful pregnancy through less costly, 34
medically appropriate infertility treatments covered under 35
the health benefit plan; 36
(2) The covered individual has not undergone four 37
completed oocyte retrievals, except that if a live birth 38
follows a completed oocyte retrieval, two additional oocyte 39
retrievals shall be covered; and 40
(3) The procedures are performed at facilities that 41
conform to the guidelines for in vitro fertilization clinics 42
issued by the American College of Obstetricians and 43
Gynecologists or to the minimal standards for in vitro 44
fertilization programs issued by the American Society for 45
Reproductive Medicine. 46
4. Any individual who meets the requirements for 47
coverage under subsection 2 of this section for any 48
procedure other than in vitro fertilization shall not be 49
required to meet any other conditions for approval of such 50
coverage. 51
SB 900 4
5. Coverage for the procedures specified in this 52
section is not required in any health benefit plan issued to 53
or by a religious institution or organization, or to or by 54
an entity sponsored by a religious institution or 55
organization, that finds the procedures to violate its 56
religious and moral teachings and beliefs. 57
✓