MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Public Health and Welfare

By: Senator(s) Ross

AN ACT TO CREATE SECTION 41-41-34, MISSISSIPPI CODE OF 1972, TO RESTRICT ABORTION AFTER THE FIRST TRIMESTER; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 41-41-34, Mississippi Code of 1972:

41-41-34. To the extent that a person is entitled to an abortion under the United States Constitution and the Mississippi Constitution of 1890:

(a) Any termination or attempt to terminate a human pregnancy by performing an abortion or causing a miscarriage on any woman during the second trimester of pregnancy and prior to viability of the fetus shall be performed by a physician licensed by the State Board of Medical Licensure either in a hospital as defined in Section 41-9-3 which is licensed by the State Department of Health or in an ambulatory surgical facility as defined in Section 41-75-1 which is licensed by the State Department of Health.

(b) Any termination of or attempt to terminate a human pregnancy by performing an abortion or causing a miscarriage on any woman in a stage of pregnancy subsequent to viability of the fetus or during the third trimester must meet the following conditions:

(i) Said operation must be performed either in a hospital as defined in Section 41-9-3 licensed by the State Department of Health or under the control of the State Board of Mental Health or in an ambulatory surgical facility as defined in Section 41-75-1 which is licensed by the State Department of Health.

(ii) The physician and two (2) consulting physicians must certify and so enter in the hospital record of the woman that in their medical opinion, based upon their best clinical judgment, the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.

(iii) Measures for life support for the product of such abortion or miscarriage must be available and utilized if there is any clearly visible evidence of viability.

(c) Nothing in this section shall be construed as conflicting with Section 41-41-73.

SECTION. 2 This act shall take effect and be in force from and after July 1, 2001.