Missouri Revised Statutes

Mo. Rev. Stat. § 188.080 (2026)

Abortion performed by other than a physician with clinical privileges at a hospital, a felony

✓ current as of May 2026

Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

188.080. Abortion performed by other than a physician with clinical privileges at a hospital, a felony. — Any person who is not a physician who performs or induces or attempts to perform or induce an abortion on another is guilty of a class B felony, and, upon conviction, shall be punished as provided by law. Any physician performing or inducing an abortion who does not have clinical privileges at a hospital which offers obstetrical or gynecological care located within thirty miles of the location at which the abortion is performed or induced shall be guilty of a class A misdemeanor, and, upon conviction shall be punished as provided by law.

--------

(L. 1974 H.B. 1211 § 15, A.L. 1986 H.B. 1596, A.L. 2005 1st Ex. Sess. S.B. 1)

Effective 9-15-05

(2016) Admitting privileges provision is substantially similar to Texas statute held to violate the federal Constitution by placing a substantial obstacle in path of women seeking a previability abortion and by constituting an undue burden on abortion access. Whole Woman's Health v. Hellerstedt, 579 U.S. 582 (2016).

Notes of Decisions

Cited in 7 cases (3 in the last 5 years), 1980–2025 · leading case: Women's Health Ctr. of West Cnty. v. Webster, 681 F. Supp. 1385 (E.D. Mo. 1988).

Sort: Relevance Newest Treatment

Women's Health Ctr. of West Cnty. v. Webster, 681 F. Supp. 1385 (E.D. Mo. 1988). · cites it 84× “Plaintiffs bring the present action for declaratory and injunctive relief in which they challenge the constitutionality of Section 188.080, R.S.Mo. (1986). Section 188.”

Women's Health Ctr. of West Cty. v. Webster, 670 F. Supp. 845 (E.D. Mo. 1987). · cites it 10× “1, when read in conjunction with § 188.080, [4] are underinclusive and violate the right of those physicians who perform abortions to equal protection under the law as guaranteed by the fourteenth amendment of the Constitution.”

State v. Holcomb, 956 S.W.2d 286 (Mo. Ct. App. 1997). · cites it 4× “Section 188.080 makes an abortion performed by anyone other than a licensed physician a class B felony.”

Planned Parenthood Ass'n of Kansas City, Missouri, Inc. v. Ashcroft, 483 F. Supp. 679 (W.D. Mo. 1980). · cites it 3× “Section 188.080, RSMo, provides: Any person who is not a licensed physician as defined in section 188.”

Dr. Anna Fitz-James v. John R. Ashcroft, Missouri Sec'y of State (Mo. Ct. App. 2023). · cites it 4× “Section 188.080 requires a medical license to perform an abortion, and section 188.”

Comprehensive Health of Planned Parenthood Great Plains, et al. vs. State of Missouri, et al. (Mo. Ct. App. 2025). · cites it 2× “140(2)(V); laws that require abortion providers have admitting (or similar) privileges at local hospitals (the “Hospital Relationship Restrictions”), §§ 188.080, 188.027.1(1)(e), 197.215.1(2), 19 CSR 30-30.”

Comprehensive Health of Planned Parenthood Great Plains, et al., Respondents, vs. State of Missouri, et al., Appellants. (Mo. 2025). “061 as it pertains to the complication plan); pathology requirements (section 188.047, 19 C.S.R. section 10-15.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.