SB2116 (As SentPassed tothe Governor)Senate) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
Senator(s) Senator(s) Hill, Caughman, Fillingane, Watson, Blackwell, McDaniel, Parker, Seymour, Jackson (15th), Younger, McMahan, Whaley, Massey, Doty, Parks, Branning Senate Bill 2116 (As SentPassed tothe Governor)Senate) AN ACT TO CREATECODIFY NEW SECTION 41-41-34.1, MISSISSIPPI CODE OF 1972, TO PROHIBIT AN ABORTION OF AN UNBORN HUMAN INDIVIDUAL WITH A DETECTABLE FETAL HEARTBEAT EXCEPT TOWHEN PREVENT THE DEATH OF THE PREGNANT WOMAN OR TO PREVENT A SERIOUSMEDICAL RISKEMERGENCY OFNECESSITATES; THE SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION OF THE WOMAN;
TO AMENDAUTHORIZE SECTIONAND 73-25-29,DIRECT MISSISSIPPITHE CODESTATE BOARD OF 1972,HEALTH TO PROVIDEPROMULGATE THATREGULATIONS AFOR PHYSICIANTHE PERFORMINGAPPROPRIATE ANMETHODS ABORTIONOF ONPERFORMING AAN PREGNANTEXAMINATION WOMANFOR AFTER DETERMINING THAT THE UNBORNPRESENCE HUMANOF INDIVIDUAL HAS A DETECTABLE FETAL HEARTBEATHEARTBEAT; IS SUBJECT TO LICENSE REVOCATION OR DISCIPLINARY ACTION;
TO AMEND SECTION 73-25-29, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PHYSICIAN PERFORMING AN ABORTION ON A PREGNANT WOMAN BEFORE DETERMINING IF THE UNBORN HUMAN INDIVIDUAL HAS A DETECTABLE FETAL HEARTBEAT IS SUBJECT TO LICENSE REVOCATION OR DISCIPLINARY ACTION;
41-41-34.1. (1) AsThe usedLegislature indeclares thisthat section:it finds, according to contemporary medical research, all of the following:
(a) "FetalAs heartbeat"many meansas cardiacthirty activitypercent or(30%) the steady and repetitive rhythmic contraction of thenatural fetalpregnancies heartend withinin thespontaneous gestationalmiscarriage; sac.
(b) "Physician"Less meansthan afive personpercent licensed(5%) toof practiceall medicinenatural underpregnancies Sectionend 73-25-1in etspontaneous seq.miscarriage after detection of fetal cardiac activity;
(c) "UnbornOver humanninety individual"percent means(90%) anof individualin organismvitro ofpregnancies survive the speciesfirst homotrimester sapiensif fromcardiac fertilizationactivity untilis livedetected birth.in the gestational sac;
(2) (d) (a) Nearly Exceptninety aspercent provided(90%) in paragraph (b) or (c) of thisin subsectionvitro (2),pregnancies nodo personnot shallsurvive knowingly perform an abortion on a pregnant woman with the specificfirst intenttrimester ofwhere causingcardiac oractivity abetting the termination of the life of the unborn human individual that the pregnant woman is carryingnot anddetected whose fetal heartbeat has been detected. Any person who acts based on the exception in paragraph (b) or (c) of this subsection (2) shall so note in the pregnantgestational woman'ssac; medical records and shall specify in the pregnant woman's medical records which of the exceptions the person invoked.
(b) (e) (i) Fetal Aheartbeat, persontherefore, ishas notbecome in violation of paragraph (a) of this subsection (2) if that person performs a key, medical procedurepredictor designed to or intended, in that person'san reasonableunborn medicalhuman judgment,individual towill preventreach theviability death of a pregnant woman or to prevent a serious risk of the substantial and irreversiblelive impairmentbirth; of a major bodily function of the pregnant woman.
(ii) (f) AnyCardiac personactivity whobegins performsat a medicalbiologically procedureidentifiable asmoment described in paragraphtime, (b)(i)normally ofwhen this subsection (2) shall declare in writing, under penalty of perjury, that the medicalfetal procedureheart wasis necessary,formed to the best of that person's reasonable medical judgment, to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. That person shall also provide in that written document, under penalty of perjury, the medicalgestational conditionsac. of that pregnant woman that the medical procedure performed as described in paragraph (b)(i) of this subsection (2) will assertedly address, and the medical rationale for the conclusion that the medical procedure was necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.
(iii) (2) TheAs personused who performs a medical procedure as described in paragraph (b)(i) of this subsectionsection: (2) shall place the written documentation required under paragraph (b)(ii) of this subsection (2) in the pregnant woman's medical records, and shall maintain a copy of the written documentation in the person's own records for at least seven (7) years.
(c) (a) A"Contraceptive" personmeans is not in violation of paragraph (a) of this subsection (2) if that person has performed an examination for the presence of a fetaldevice, heartbeatdrug, in the unborn human individual using standard medical practice and that examination does not reveal a fetal heartbeat or thechemical person has been informed by a physician who has performed the examination for a fetal heartbeat that theprevents examinationconception. did not reveal a fetal heartbeat.
(d) (b) This"Fetal subsectionheartbeat" (2)means doescardiac notactivity repealor any other provision of the Mississippisteady Codeand thatrepetitive restrictsrhythmic orcontraction regulatesof the performancefetal ofheart anwithin abortionthe bygestational asac. particular method or during a particular stage of a pregnancy.
(e) (c) Any"Fetus" personmeans whothe violateshuman thisoffspring subsectiondeveloping (2)during ispregnancy guiltyfrom of performing an abortion after the detectionmoment of aconception fetaland heartbeat,includes athe violationembryonic punishablestage asof provideddevelopment. in Section 41-41-39.
(d) "Gestational age" means the age of an unborn human individual as calculated from the first day of the last menstrual period of a pregnant woman.
(e) "Gestational sac" comprises the extra embryonic membranes that envelop the fetus and that is typically visible by ultrasound after the fourth week of pregnancy.
(f) "Medical emergency" means a condition that in the physician's good-faith medical judgment, based upon the facts known to the physician at that time, so endangers the life of the pregnant woman or a major bodily function of the pregnant woman as to necessitate the immediate performance or inducement of an abortion.
(g) "Physician" means a person licensed to practice medicine under Section 73-25-1 et seq.
(h) "Pregnancy" means the human female reproductive condition that begins with fertilization, when the woman is carrying the developing human offspring, and that is calculated from the first day of the last menstrual period of the woman.
(i) "Spontaneous miscarriage" means the natural or accidental termination of a pregnancy and the expulsion of the fetus, typically caused by genetic defects in the fetus or physical abnormalities in the pregnant woman.
(j) "Unborn human individual" means an individual organism of the species homo sapiens from fertilization until live birth.
(3) (a) Except when a medical emergency exists that prevents compliance with this section, no person shall perform an abortion on a pregnant woman before determining if the unborn human individual that the pregnant woman is carrying has a detectable fetal heartbeat. Any person who performs an abortion on a pregnant woman based on the exception in this section shall note in the pregnant woman's medical records that a medical emergency necessitating the abortion existed.
(b) A person who intends to perform an abortion on a pregnant woman shall determine if there is the presence of a fetal heartbeat of the unborn human individual that the pregnant woman is carrying according to standard medical practice. A person shall comply with this paragraph (b) regardless of whether or not the State Board of Health has promulgated rules under paragraph (c) of this subsection (3).
(c) The State Board of Health may promulgate rules for the appropriate methods of performing an examination for the presence of a fetal heartbeat of an unborn human individual based on standard medical practice.
(d) If a physician performs an abortion on a pregnant woman before determining if the unborn human individual that the pregnant woman is carrying has a detectable fetal heartbeat, that physician is subject to disciplinary action under Section 73-25-29(14).
(4) (a) This subsection (4) applies to all abortions that are not prohibited under law, except when a medical emergency exists that prevents compliance with this section.
(b) If the person who intends to perform an abortion on a pregnant woman detects a fetal heartbeat in the unborn human individual that the pregnant woman is carrying, no later than twenty-four (24) hours before the performance of the intended abortion, both of the following apply:
(i) The person intending to perform the abortion shall inform the pregnant woman in writing that the unborn human individual that she is carrying has a fetal heartbeat and shall inform the pregnant woman, to the best of the person's knowledge, of the statistical probability of bringing the unborn human individual to term based on the gestational age of the unborn human individual possessing a detectable fetal heartbeat. A person shall comply with this paragraph (i) regardless of whether or not the State Board of Health promulgated rules under paragraph (c) of this subsection (4).
(ii) The pregnant woman shall sign a form acknowledging that she has received information from the person intending to perform the abortion that the unborn human individual that she is carrying has a fetal heartbeat and that she is aware of the statistical probability of bringing the unborn human individual that she is carrying to term.
(c) The State Board of Health may define and promulgate by rules adopted and based upon available medical evidence the statistical probability of bringing an unborn human individual to term based on the gestational age of an unborn human individual who possesses a detectable fetal heartbeat.
(d) This subsection (4) does not repeal any other provision of the Mississippi Code relating to informed consent for an abortion.
(5) (a) Except as provided in paragraph (b) or (c) of this subsection (5), no person shall knowingly perform an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of the unborn human individual that the pregnant woman is carrying and whose fetal heartbeat has been detected according to the requirements of subsection (3) of this section. Any person who acts based on the exception in paragraph (b) or (c) of this subsection (5) shall so note in the pregnant woman's medical records and shall specify in the pregnant woman's medical records which of the exceptions the person invoked.
(b) (i) A person is not in violation of paragraph (a) of this subsection (5) if that person performs a medical procedure designed to or intended, in that person's reasonable medical judgment, to prevent the death of a pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.
(ii) Any person who performs a medical procedure as described in paragraph (b)(i) of this subsection (5) shall declare in writing, under penalty of perjury, that the medical procedure was necessary, to the best of that person's reasonable medical judgment, to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. That person shall also provide in that written document, under penalty of perjury, the medical condition of that pregnant woman that the medical procedure performed as described in paragraph (b)(i) of this subsection (5) will assertedly address, and the medical rationale for the conclusion that the medical procedure was necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.
(iii) The person who performs a medical procedure as described in paragraph (b)(i) of this subsection (5) shall place the written documentation required under paragraph (b)(ii) of this subsection (5) in the pregnant woman's medical records, and shall maintain a copy of the written documentation in the person's own records for at least seven (7) years.
(c) A person is not in violation of paragraph (a) of this subsection (5) if that person has performed an examination for the presence of a fetal heartbeat in the unborn human individual using standard medical practice and that examination does not reveal a fetal heartbeat or the person has been informed by a physician who has performed the examination for a fetal heartbeat that the examination did not reveal a fetal heartbeat.
(d) This subsection (5) does not repeal any other provision of the Mississippi Code that restricts or regulates the performance of an abortion by a particular method or during a particular stage of a pregnancy.
(e) Any person who violates this subsection (5) is guilty of performing an abortion after the detection of a fetal heartbeat, a violation punishable as provided in Section 41-41-39.
(6) Any person performing an abortion on a pregnant woman carrying an unborn human individual whose heartbeat has been detected under the requirements of subsection (3) of this section to preserve the health of the pregnant woman shall set forth in a separate document, under penalty of perjury, the medical condition that the abortion will assertedly address and the medical rationale for the conclusion that the abortion is necessary to address that condition. The person shall place this written documentation in the pregnant woman's medical records and shall maintain a copy in the person's own records for at least seven (7) years. This documentation requirement is independent of the provisions in subsection (5) of this section.
(7) A pregnant woman on whom an abortion is performed in violation of subsection (3) or (5) of this section is not guilty of violating subsection (3) or (5) of this section or of attempting to commit, conspiring to commit, or complicity in committing a violation of subsection (3) or (5) of this section and is not subject to a penalty based on that violation.
(8) Nothing in this section prohibits the sale, use, prescription, or administration of a measure, drug, or chemical designed for contraceptive purposes.
(9) If a state or federal court of competent jurisdiction finds that a provision of this section is unconstitutional, the effective date of that provision is tolled until either of the following occur:
(a) An appellate court finds that provision to be constitutional.
(b) The Attorney General certifies in an opinion to the Governor that, due to a later decision or decisions by the Supreme Court of the United States, it is reasonably probable that the provision would be upheld as constitutional by a court of competent jurisdiction.
(10) If a provision of this section is found constitutional by an appellate court or the Attorney General issues an opinion as described in subsection (9)(b) of this section, the provision shall be prospective.
(11) If any provisions of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(f)(f) UseUse of any false, fraudulent or forged statement or document, or the use of any fraudulent, deceitful, dishonest or immoral practice in connection with any of the licensing requirements, including the signing in his professional capacity any certificate that is known to be false at the time he makes or signs such certificate.
(16) Performing an abortion on a pregnant woman afterbefore determining thatif the unborn human individual that the pregnant woman is carrying has a detectable fetal heartbeatheartbeat, as provided in Section 41-41-34.1.