Title 41, Public Health

(1) It shall be unlawful to knowingly give, sell, dispense, administer or otherwise provide or prescribe any abortion-inducing drug to a pregnant woman for the purpose of inducing an abortion in that pregnant woman, or enabling another person to induce an abortion in a pregnant w…

(1) If a physician provides an abortion-inducing drug to another for the purpose of inducing an abortion as authorized in Section 41-41-107:(a) The physician shall report that action to the department; and(b) If the physician knows that the woman who uses the abortion-inducing dr…

Any person authorized and empowered to consent to surgical or medical treatment or procedures for himself or another may also waive the medical privilege for himself or the other person and consent to the disclosure of medical information and the making and delivery of copies of …

(1) A person who intentionally, knowingly or recklessly violates any provision of Sections 41-41-101 through 41-41-117 is guilty of a misdemeanor. (2) No criminal penalty may be assessed against the pregnant woman upon whom the drug-induced abortion is performed.

(1) All remedies under the statutory laws of this state are available if there is failure to comply with the requirements of Sections 41-41-101 through 41-41-117. (2) No civil liability may be assessed against the pregnant woman upon whom the drug-induced abortion is performed. (…

(1) Nothing in Sections 41-41-101 through 41-41-117 shall be construed as creating or recognizing a right to abortion. (2) It is not the intention of Sections 41-41-101 through 41-41-117 to make lawful an abortion that is currently unlawful.

Any provision of Sections 41-41-101 through 41-41-117 that is held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless the holding is one of utter invalidity or u…

(1) It is unlawful for any person to knowingly or intentionally create, sell, barter, transfer, manufacture, distribute, dispense, prescribe or possess with knowledge or intent to create, sell, barter, transfer, manufacture, distribute, dispense or prescribe an “abortion-inducing…

Any physician, duly licensed to practice medicine in the State of Mississippi, or any nurse practitioner, who, in the exercise of due care, renders medical care to a minor for treatment of a venereal disease is under no obligation to obtain the consent of a parent or guardian, as…

Sections 41-41-131 through 41-41-145 may be cited as the Women’s Health Protection and Preborn Pain Act.

(a) As used in Sections 41-41-131 through 41-41-145:(a) “Abortion” means the use or prescription of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability …

(a) Except as otherwise provided by Section 41-41-141, a physician may not perform, or induce or attempt to perform or induce an abortion without, before the procedure:(a) Making a determination of the probable gestational age of the unborn child; or(b) Possessing and relying on …

Except as otherwise provided by Section 41-41-141, a person may not perform or induce or attempt to perform or induce an abortion on a woman if it has been determined, by the physician performing, inducing, or attempting to perform or induce the abortion or by another physician o…

(1) This section applies only to an abortion authorized under Section 41-41-141(1) in which:(a) The probable gestational age of the unborn child is twenty (20) or more weeks; or(b) The probable gestational age of the unborn child has not been determined but could reasonably be tw…

(1) Any physician or psychologist duly licensed to practice medicine or psychology in the State of Mississippi, who in the exercise of due care consults with or prescribes medication for a minor at least fifteen (15) years of age for mental or emotional problems caused by or rela…

(1) The prohibitions and requirements under Sections 41-41-135, 41-41-137 and 41-41-139(2) do not apply if there exists a condition in which an abortion is necessary to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness or ph…

(1) Except as otherwise provided by this section, in a civil or criminal proceeding or action involving an act prohibited under Sections 41-41-131 through 41-41-145, the identity of the woman on whom an abortion has been performed or induced or attempted to be performed or induce…

(1) Sections 41-41-131 through 41-41-145 shall be construed, as a matter of state law, to be enforceable up to but no further than the maximum possible extent consistent with federal constitutional requirements, even if that construction is not readily apparent, as such construct…

Sections 41-41-131 through 41-41-145 may not be construed to repeal, by implication or otherwise, any other provision of Mississippi law regulating or restricting abortion not specifically addressed by Sections 41-41-131 through 41-41-145. An abortion that complies with Sections …

(1) If some or all of the provisions of Sections 41-41-131 through 41-41-145 are ever temporarily or permanently restrained or enjoined by judicial order, all other provisions of Mississippi law regulating or restricting abortion shall be enforced as though the restrained or enjo…

(1) The legal disabilities of any minor aged sixteen (16) years or older are removed for purposes of voluntarily donating blood, with or without remuneration therefor, to a licensed hospital, blood bank, community blood program, or other lawful activity engaged in processing and …

Sections 41-41-151 through 41-41-169 may be cited as the “Mississippi Unborn Child Protection from Dismemberment Abortion Act.”

(a) For the purposes of Sections 41-41-151 through 41-41-169, the following terms shall be defined as provided in this section:(a) “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device:(i) To purposely kill the unborn child o…

(1) Notwithstanding any other provision of law, it shall be unlawful for any person to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn child’s mother. (2) A person accu…

(1) Civil and criminal penalties for violations of Sections 41-41-151 through 41-41-169 may be imposed under the following priority:(a) Injunctive relief;(b) Civil cause of action; and(c) Criminal action. (a) Injunctive relief; (b) Civil cause of action; and (c) Criminal action. …

(1) Only in the event a cause of action for injunctive relief under Section 41-41-157 has been denied by a court of competent jurisdiction, a cause of action for civil damages against a person who has performed a dismemberment abortion in violation of Section 41-41-155 may be mai…

A hospital or physician, and employees of such hospital or physician, may conduct an acquired immune deficiency syndrome (AIDS)/human immunodeficiency virus (HIV) antibody test or appropriate tests for any other infectious diseases without specific consent for such tests if the h…

(1) If judgment is rendered in favor of the plaintiff in an action described in Section 41-41-157 or 41-41-159, the court shall also render judgment for a reasonable attorney’s fee in favor of the plaintiff against the defendant. (2) If judgment is rendered in favor of the defend…

Only in the event a judgment is rendered in favor of the defendant in an action described in Section 41-41-157 or 41-41-159, a district attorney with jurisdiction may bring an indictment for criminal punishment under this section. Any person who violates Section 41-41-155 is guil…

In every civil, criminal, or administrative proceeding or action brought under Sections 41-41-151 through 41-41-169, the court shall rule whether the anonymity of any woman upon whom a dismemberment abortion has been performed or attempted to be performed shall be preserved from …

Nothing in Sections 41-41-151 through 41-41-169 shall be construed as creating or recognizing a right to abortion, nor a right to a particular method of abortion.

If any one or more provisions, sections, subsections, sentences, clauses, phrases or words of Sections 41-41-151 through 41-41-169 or the application thereof to any person or circumstance is found to be unconstitutional, the same is declared to be severable and the balance of Sec…

(1) Any adult, as defined in Section 41-41-203(a), Mississippi Code of 1972, or emancipated minor, as defined in Section 41-41-203(e), Mississippi Code of 1972, may consent to participate as a subject in research if that research is conducted in accordance with federal law (Title…

(1) This section shall be known and cited as the “Gestational Age Act.” (2) Legislative findings and purpose. The Legislature makes the following findings of fact and incorporates them herein by reference: (a) The United States is one (1) of only seven (7) nations in the world th…

Sections 41-41-201 through 41-41-229 may be cited as the “Uniform Health-Care Decisions Act.”

(a) For purposes of Chapter 41 of Title 41, Mississippi Code of 1972, the following words shall have the meaning ascribed in this section unless the context shall otherwise require:(a) “Adult” means an individual who is eighteen (18) years of age or older.(b) “Advance health-care…

(1) An adult or emancipated minor may give an individual instruction. The instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises. (2) An adult or emancipated minor may execute a power of attorney for health care, whi…

(1) An individual may revoke the designation of an agent only by a signed writing or by personally informing the supervising health-care provider. (2) An individual may revoke all or part of an advance health-care directive, other than the designation of an agent, at any time and…

The following form may be used to create an Advance Health-Care Directive. Sections 41-41-201 through 41-41-207 and 41-41-211 through 41-41-229 govern the effect of this or any other writing used to create an advanced health-care directive. An individual may complete or modify al…

(1) A surrogate may make a health-care decision for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity and no agent or guardian has been appointed or the agent or guardian is not reasonably available. (2) An…

(1) A guardian shall comply with the ward’s individual instructions and may not revoke the ward’s advance health-care directive unless the appointing court expressly so authorizes. (2) Absent a court order to the contrary, a health-care decision of an agent takes precedence over …

(1) Before implementing a health-care decision made for a patient, a supervising health-care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision. (2) A supervising health-care provider who knows of …

Unless otherwise specified in an advance health-care directive, a person then authorized to make health-care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health-care information…

(1) Except as otherwise provided in Title 41, Chapter 141, Mississippi Code of 1972, a health care provider or institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to …

(1) A health-care provider or institution that intentionally violates Sections 41-41-201 through 41-41-229 is subject to liability to the aggrieved individual for damages of Five Hundred Dollars ($500.00) or actual damages resulting from the violation, whichever is greater, plus …

(1) Sections 41-41-201 through 41-41-229 do not affect the right of an individual to make health-care decisions while having capacity to do so. (2) An individual is presumed to have capacity to make a health-care decision, to give or revoke an advance health-care directive, and t…