MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Public Health and Human Services; Insurance
By: Representative Gipson
AN ACT TO AMEND SECTIONS 41-41-31 AND 41-41-33, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT AT LEAST 24 HOURS BEFORE AN ABORTION IS PERFORMED, THE PHYSICIAN WHO IS TO PERFORM THE ABORTION SHALL PERFORM A SONOGRAM ON THE WOMAN ON WHOM THE ABORTION IS TO BE PERFORMED, DISPLAY THE SONOGRAM IMAGES IN A QUALITY CONSISTENT WITH CURRENT MEDICAL PRACTICE IN A MANNER THAT THE WOMAN MAY VIEW THEM, PROVIDE A VERBAL EXPLANATION OF THE RESULTS OF THE SONOGRAM IMAGES, MAKE AUDIBLE THE HEART AUSCULTATION OF THE UNBORN CHILD FOR THE WOMAN TO HEAR, AND PROVIDE A SIMULTANEOUS VERBAL EXPLANATION OF THE HEART AUSCULTATION; TO PROVIDE THAT BEFORE RECEIVING A SONOGRAM AND BEFORE THE ABORTION IS PERFORMED, THE WOMAN MUST COMPLETE AND CERTIFY WITH HER SIGNATURE AN ELECTION FORM STATING CERTAIN INFORMATION; TO PROVIDE THAT BEFORE THE ABORTION IS PERFORMED, A COPY OF THE WOMAN'S SIGNED, WRITTEN CERTIFICATION RECEIVED BY THE PHYSICIAN MUST BE PLACED IN THE WOMAN'S MEDICAL RECORDS; TO PROVIDE THAT A WOMAN MAY CHOOSE NOT TO VIEW THE SONOGRAM IMAGES REQUIRED TO BE PROVIDED TO AND REVIEWED WITH HER AND MAY CHOOSE NOT TO HEAR THE HEART AUSCULTATION REQUIRED TO BE PROVIDED TO AND REVIEWED WITH HER; TO PROVIDE THAT A WOMAN MAY CHOOSE NOT TO RECEIVE THE VERBAL EXPLANATION OF THE RESULTS OF THE SONOGRAM IMAGES IF THE WOMAN'S PREGNANCY IS A RESULT OF A SEXUAL ASSAULT, INCEST OR OTHER VIOLATION OF MISSISSIPPI LAW, THE WOMAN IS A MINOR AND OBTAINING AN ABORTION IN ACCORDANCE WITH JUDICIAL WAIVER OF CONSENT PROCEDURES, OR THE UNBORN CHILD HAS AN IRREVERSIBLE MEDICAL CONDITION OR ABNORMALITY; TO PROVIDE THAT THE PHYSICIAN AND THE WOMAN ARE NOT SUBJECT TO A PENALTY SOLELY BECAUSE THE WOMAN CHOOSES NOT TO VIEW SONOGRAM IMAGES, HEAR THE HEART AUSCULTATION, OR RECEIVE THE VERBAL EXPLANATION, IF WAIVED AS PROVIDED BY THIS SECTION; TO REPEAL SECTION 41-41-34, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE PERFORMANCE OF FETAL ULTRASOUND IMAGING AND AUSCULTATION OF FETAL HEART TONE SERVICES BEFORE PERFORMING AN ABORTION AND PROVIDING THE PATIENT WITH THE OPPORTUNITY TO VIEW THE ULTRASOUND IMAGE AND HEAR THE HEARTBEAT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-41-31, Mississippi Code of 1972, is amended as follows:
41-41-31. The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(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 of a live birth, to preserve the life or health of the child after live birth or to remove a dead fetus.
(b) "Medical emergency" means that condition which, on the basis of the physician's best clinical judgment, so complicates a pregnancy as to necessitate an immediate abortion to avert the death of the mother or for which a twenty-four-hour delay will create grave peril of immediate and irreversible loss of major bodily function.
(c) "Probable gestational age of the unborn child" means what, in the judgment of the attending physician, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed or induced.
(d) "Sonogram" means the use of ultrasonic waves for diagnostic or therapeutic purposes, specifically to monitor an unborn child.
SECTION 2. Section 41-41-33, Mississippi Code of 1972, is amended as follows:
41-41-33. (1) No abortion shall be performed or induced except with the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:
(a) The woman is told the following by the physician who is to perform or induce the abortion or by the referring physician, orally and in person, at least twenty-four (24) hours before the abortion:
(i) The name of the physician who will perform or induce the abortion;
(ii) The particular medical risks associated with the particular abortion procedure to be employed including, when medically accurate, the risks of infection, hemorrhage and breast cancer, and the danger to subsequent pregnancies and infertility;
(iii) The probable gestational age of the unborn child at the time the abortion is to be performed or induced; and
(iv) The medical risks associated with carrying her child to term.
(b) The woman is informed, by the physician or his agent, orally and in person, at least twenty-four (24) hours before the abortion:
(i) That medical assistance benefits may be available for prenatal care, childbirth and neonatal care;
(ii) That the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion;
(iii) That there are available services provided by public and private agencies which provide pregnancy prevention counseling and medical referrals for obtaining pregnancy prevention medications or devices; and
(iv) That she has the right to review the printed materials described in Section 41-41-35(1)(a), (b) and (c). The physician or his agent shall orally inform the woman that those materials have been provided by the State of Mississippi and that they describe the unborn child and list agencies that offer alternatives to abortion. If the woman chooses to view those materials, copies of them shall be furnished to her. The physician or his agent may disassociate himself or themselves from those materials, and may comment or refrain from comment on them as he chooses. The physician or his agent shall provide the woman with the printed materials described in Section 41-41-35(1)(d).
(c) Before any sedative or anesthesia is administered to the woman and at least twenty-four (24) hours before the abortion is performed or induced, or at least two (2) hours before the abortion is performed or induced if the woman waives this requirement by certifying that she currently lives one hundred (100) miles or more from the nearest abortion facility licensed under Section 41-75-1 et seq. or a facility that performs more than fifty (50) abortions in any twelve-month period:
(i) The physician who is to perform or induce the abortion or an agent of the physician who is also a sonographer certified by a national registry of medical sonographers performs a sonogram on the woman on whom the abortion is to be performed or induced. The sonogram image must be of a quality consistent with standard medical practice in the community, shall contain the dimensions of the unborn child and shall accurately portray the presence of external members and internal organs, if present or viewable, of the unborn child;
(ii) The physician who is to perform or induce the abortion displays the sonogram images in a quality consistent with current medical practice in a manner that the woman may view them;
(iii) The physician who is to perform or induce the abortion provides, in a manner understandable to a layperson, a verbal explanation of the results of the sonogram images, including a medical description of the dimensions of the unborn child, the presence of cardiac activity, and the presence of external members and internal organs; and
(iv) The physician who is to perform or induce the abortion or an agent of the physician who is also a sonographer certified by a national registry of medical sonographers makes audible the heart auscultation of the unborn child for the woman to hear, if present, in a quality consistent with current medical practice and provides, in a manner understandable to a layperson, a simultaneous verbal explanation of the heart auscultation;
(d) Before receiving a sonogram as required under paragraph (c)(i) of this subsection and before the abortion is performed or induced and before any sedative or anesthesia is administered, the woman completes and certifies with her signature an election form that states as follows:
"ABORTION AND SONOGRAM ELECTION
(1) The information described in Section 41-41-33(1)(a) and (b), Mississippi Code of 1972, has been provided and explained to me, and I have been informed of my opportunity to review the printed materials referred to in Section 41-41-33(1)(b)(iv), Mississippi Code of 1972.
(2) I understand the nature and consequences of an abortion.
(3) Mississippi law requires that I receive a sonogram before receiving an abortion.
(4) I understand that I have the option to view the sonogram images of the unborn child.
(5) I understand that I have the option to hear the heartbeat of the unborn child.
(6) I understand that I am required by law to hear an explanation of the sonogram images unless I certify in writing to one of the following:
I am pregnant as a result of a sexual assault, incest or other violation of the Mississippi law that has been reported to law enforcement authorities or that has not been reported because I reasonably believe that doing so would put me at risk of retaliation resulting in serious bodily injury.
I am a minor and obtaining an abortion in accordance with judicial waiver of consent procedures under Sections 41-41-51 through 41-41-63, Mississippi Code of 1972.
My unborn child has an irreversible medical condition or abnormality, as identified by reliable diagnostic procedures and documented in my medical file.
(7) I am making this election of my own free will and without coercion.
(8) For a woman who lives 100 miles or more from the nearest abortion provider that is a facility licensed under Section 41-75-1 et seq., Mississippi Code of 1972, or a facility that performs more than 50 abortions in any 12-month period only:
I certify that, because I currently live 100 miles or more from the nearest abortion provider that is a facility licensed under Section 41-75-1 et seq., Mississippi Code of 1972, or a facility that performs more than 50 abortions in any 12-month period, I waive the requirement to wait 24 hours after the sonogram is performed before receiving the abortion procedure. My place of residence is:__________ .
Signature _______ Date____________________"
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(e) Before the abortion is performed or induced, the physician who is to perform or induce the abortion receives a copy of the written certification prescribed by paragraph (d) of this subsection.
(2) (a) Before the abortion is performed or induced, a copy of the signed, written certification received by the physician under subsection (1)(e) of this section must be placed in the woman's medical records.
(b) A copy of the signed, written certification required under subsection (1)(d) and (e) of this section shall be retained by the facility where the abortion is performed or induced until:
(i) The seventh anniversary of the date it is signed; or
(ii) If the woman is a minor, the later of:
1. The seventh anniversary of the date it is signed; or
2. The woman's twenty-first birthday.
(3) (a) A woman may choose not to view the sonogram images required to be provided to and reviewed with the woman under subsection (1)(d) of this section.
(b) A woman may choose not to hear the heart auscultation required to be provided to and reviewed with the woman under subsection (1)(d) of this section.
(c) A woman may choose not to receive the verbal explanation of the results of the sonogram images under subsection (1)(d)(iii) if:
(i) The woman's pregnancy is a result of a sexual assault, incest or other violation of Mississippi law that has been reported to law enforcement authorities or that has not been reported because she has a reason that she declines to reveal because she reasonably believes that to do so would put her at risk of retaliation resulting in serious bodily injury;
(ii) The woman is a minor and obtaining an abortion in accordance with the judicial waiver of consent procedures under Sections 41-41-51 through 41-41-63; or
(iii) The unborn child has an irreversible medical condition or abnormality, as previously identified by reliable diagnostic procedures and documented in the woman's medical file.
(d) The physician and the woman are not subject to a penalty under Sections 41-41-31 through 41-41-35 solely because the woman chooses not to view sonogram images, hear the heart auscultation, or receive the verbal explanation, if waived as provided by this section.
(4) The State Department of Health shall enforce the provisions of Sections 41-41-31 through 41-41-39 at abortion facilities, as defined in Section 41-75-1.
SECTION 3. Section 41-41-34, Mississippi Code of 1972, which requires the performance of fetal ultrasound imaging and auscultation of fetal heart tone services before performing an abortion and providing the patient with the opportunity to view the ultrasound image and hear the heartbeat, is repealed.
SECTION 4. If any provision of this act is found to be unconstitutional, the provision is severable, and the other provisions of this act remain effective. Nothing in this act may be construed to repeal, by implication or otherwise, any provision not explicitly repealed.
SECTION 5. This act shall take effect and be in force from and after July 1, 2012.