MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary B
By: Representative Arnold
AN ACT TO CREATE THE "PROTECTION OF THE HUMAN PERSON ACT"; TO EXPRESS THE LEGISLATIVE FINDING AND DECLARATION FOR ITS ENACTMENT; TO DEFINE TERMS USED IN THE ACT; TO PROHIBIT THE USE AND ADMINISTRATION OF ABORTION INDUCING DRUGS OR INSTRUMENTS TO EFFECTUATE AN ABORTION; TO PROHIBIT THE USE OF PUBLIC FUNDS, WHETHER ALLOCATED BY THE FEDERAL OR STATE GOVERNMENT, FOR ABORTION RELATED PROCEDURES; TO PROHIBIT THE USE OF IOLTA FUNDS AND CERTAIN OTHER PUBLIC FUNDS FOR ADVOCACY FOR ABORTIONS OR TO PROVIDE LEGAL ASSISTANCE; TO PROVIDE THAT THE TERM "PREBORN CHILD" SHALL BE APPLICABLE TO THE DEFINITION OF CHILD OR CHILDREN FOR PURPOSE OF CHILD ABUSE AND NEGLECT AND FOR PURPOSES OF PROVIDING SUPPORT FOR SUPPORT AND MAINTENANCE FOR CHILDREN; TO PROVIDE THAT THE TERM "PREBORN CHILD" SHALL BE APPLICABLE TO THE DEFINITION OF DEPENDENT FOR INCOME TAX PURPOSES UNDER THE INTERNAL REVENUE CODE; TO PROHIBIT ASSISTED SUICIDE, DESTRUCTION OF EMBRYO AND CLONING, AND TO PRESCRIBE PENALTIES FOR SUCH VIOLATIONS; TO PROVIDE FOR THE LEGAL ADOPTION OF HUMAN EMBRYOS AND PRESCRIBE THE RIGHTS AND PRIVILEGES OF ENTITLEMENT TO THE RECIPIENT; TO PROVIDE FOR THE RELINQUISHING OF RIGHTS TO SUCH EMBRYO BY THE CUSTODIAN THEREOF; TO LIMIT THE NUMBER OF EMBRYO TO BE IMPLANTED AT THE TIME OF TRANSFER; TO PROVIDE FOR THE ETHICAL TREATMENT OF HUMAN EMBRYOS; TO PROHIBIT THE USE OF PUBLIC FUNDS FOR EMBRYO DESTRUCTIVE RESEARCH AND CLONING; TO PROHIBIT THE ISSUANCE OF INSURANCE CONTRACT FOR THE PURPOSE OF COVERING ABORTION PROCEDURES; TO PROVIDE FREEDOM OF CONSCIENCE TO CERTAIN HEALTHCARE PROVIDERS, INSTITUTIONS AND PAYERS; TO PROVIDE THAT THIS ACT SHALL BE SEVERABLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This Act shall be known, and may be cited, as the "Protection of the Human Person Act."
SECTION 2. The Legislature hereby finds and declares:
(a) That the following provisions are an expression of the will of the people of the State of Mississippi and the members of the Legislature to provide protection for the inalienable right to life of every human being at every stage of development;
(b) That the laws of the State of Mississippi should be based on accurate scientific data;
(c) That the people of the State of Mississippi, through their elected members of the Legislature, expressly deplore the destruction of human lives which has occurred in Mississippi as a consequence of the lack of legal recognition of certain classes of human beings;
(d) That it is in the interest of the people of the State of Mississippi that every human being be considered a person for purposes of the protection of his or her life, health, safety and general welfare;
(e) That the State of Mississippi has the power and duty to protect the inalienable right to life of all human beings as full legal persons at every stage of development;
(f) That the State of Mississippi acknowledges and respects the supremacy of the United States Constitution but reserves the right to legally challenge unsound interpretations of the United States Constitution which infringe on the human rights and civil liberties of the people of the State of Mississippi and the sovereignty of the State of Mississippi;
(g) That the protection of all human beings at every stage of development as legal persons with the inalienable right to life is not in conflict with the United States Constitution;
(h) That it is the duty and responsibility of the State of Mississippi to implement the following provisions to safeguard the lives of all human persons and provide them with equal protection of the law at every stage of his or her development.
SECTION 3. The terms used in this act shall have the meanings ascribed in this section, unless context clearly requires otherwise:
(a) "Abortion" means the crime of knowingly using or employing any instrument, device or procedure upon a pregnant woman with the intent of causing the termination of the life of a preborn child, causing the death of that preborn child.
(b) "Abortion-inducing drug" means a medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the life of a preborn child, with knowledge that the termination will occur.
(c) "Aid in dying" means the act or instance of a person providing the means or manner for another to be able to commit suicide.
(d) "Affiliate" means an organization that owns or controls, or is owned or controlled, in whole or in part, by the other; related by shareholdings or other means of control; or a subsidiary, parent, or sibling corporation.
(e) "Associate" means:
(i) To enter into any written or oral contract or agreement with another contractor, individual, organization or entity that provides, induces, refers for or counsels on behalf of abortions;
(ii) To exert any degree of ownership or control over another contractor, individual, organization or entity that provides, induces, refers for or counsels on behalf of abortions; or
(iii) To own, direct or control shares in another contractor, individual, organization or entity that provides, induces, refers for or counsels on behalf of abortions.
(f) "Child" includes a human being before and during birth.
(g) "Conscience" means the religious, moral or ethical principles held by a healthcare provider, the healthcare institution, or healthcare payer. For purposes of this act, a healthcare institution or healthcare payer's conscience shall be determined by reference to its existing or proposed religious, moral, or ethical guidelines, mission statement, constitution, bylaws, articles of incorporation, regulations or other relevant documents.
(h) "Contraception" means any medicine, device or other substance prescribed or dispensed with the intent of stopping the union of the male sperm and female ovum.
(i) "Deliberately" means to consider carefully; done on purpose; intentional.
(j) "Department" means the Mississippi Department of Health (or insert name of responsible department or agency).
(k) "Destructive research" means medical procedures, scientific or laboratory research, or other kinds of investigation that kill or injure the subject of such research. The term does not include:
(i) Research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants or animals other than humans; or
(ii) Any diagnostic procedure that benefits the human embryo subject to such tests, while not imposing risks greater than those considered acceptable for other human research subjects.
(l) "Donor" means an individual from whose body gametes were obtained, or an individual from whose body cells or tissues were obtained for the purpose of creating gametes or human embryos, whether for valuable consideration or not.
(m) "Embryo" or "Human embryo" means an organism with a human or predominantly human genetic constitution from the single-celled stage to approximately eight weeks development that is derived by fertilization (in vitro or in utero), parthenogenesis, cloning (somatic cell nuclear transfer), or any other means from one or more human gametes or human diploid cells.
(n) "Embryonic stem cell" means a stem cell obtained from an embryo of the same species.
(o) "Embryo relinquishment" or "legal transfer of rights to an embryo" means the relinquishment of rights and responsibilities by the person or persons who hold the legal rights and responsibilities for an embryo and the acceptance of such rights and responsibilities by a recipient intended parent.
(p) "Embryo transfer" means the medical procedure of physically placing an embryo into the uterus of a female.
(q) "Employee" means:
(i) Any person in the service of any county, municipality or political subdivision of the state, or any branch thereof, of any executive department of the state, or of any agency, board, institution or commission of the state under any contract of hire, express or implied, oral or written, where the state or its political subdivisions have the power or right to control and direct the employee in the material details of how the work is to be performed;
(ii) Elected public officials; or
(iii) Appointed members of public governing bodies.
(r) "Employer" means any individual or entity that pays for or provides health benefits or health insurance coverage as a benefit to its employees, whether through a third party, a health maintenance organization, a program of self insurance, or some other means.
(s) "Facility" or "medical facility" means any public or private hospital, clinic, center, medical school, medical training institution, healthcare facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center or other institution or location wherein medical care is provided to any person.
(t) "Family planning contractor" and "contractor" means an individual, organization, or entity that enters into a contract or agreement with the (Department of Health or other responsible department or agency) to receive funds for and to provide family planning services.
(u) "Family planning services" means a range of acceptable methods to prevent, delay, space, or otherwise time pregnancy, including natural family planning methods and infertility services. "Family planning services" do not include abortion, abortion-inducing drugs, abortion referrals or counseling in favor of abortion.
(v) "Federal family planning funds" means any federal money appropriated or dispersed by any state official, branch, department, or agency, in whole or in part, for family planning services, including, but not limited to, funds under Title X and Title XX or other federal money accepted by the state, in whole or in part, for family planning services.
(w) "Gamete" means an egg (oocyte) or sperm.
(x) "Health care provider" means any individual who may be asked to participate in any way in a health care service, including, but not limited to, the following:
(i) A physician;
(ii) A physician's assistant;
(iii) A nurse;
(iv) A nurses' aide;
(v) A medical assistant;
(vi) A hospital employee;
(vii) A clinic employee;
(viii) A nursing home employee;
(ix) A pharmacist;
(x) A pharmacy employee;
(xi) A researcher;
(xii) A medical or nursing school faculty member, student or employee;
(xiii) A counselor;
(xiv) A social worker; or
(xv) Any professional, paraprofessional, or any other person who furnishes, or assists in the furnishing of, health care services.
(y) "Healthcare institution" means any public or private organization, corporation, partnership, sole proprietorship, association, agency, network, joint venture or other entity that is involved in providing healthcare services, including, but not limited to:
(i) Hospitals;
(ii) Clinics;
(iii) Medical centers;
(iv) Ambulatory surgical centers;
(v) Private physician's offices;
(vi) Pharmacies;
(vii) Nursing homes;
(viii) University medical schools and nursing schools;
(ix) Medical training facilities; or
(x) Other institutions or locations wherein healthcare services are provided to any person.
(z) "Healthcare payer" means any entity or employer that contracts for, pays for or arranges for the payment of, in whole or in part, any healthcare service or product, including, but not limited to:
(i) Health maintenance organizations;
(ii) Health plans;
(iii) Insurance companies; or
(iv) Management services organizations.
(aa) "Healthcare service" means any phase of patient medical care, treatment or procedure, including, but not limited to, the following:
(i) Patient referral;
(ii) Counseling;
(iii) Therapy;
(iv) Testing;
(v) Diagnosis or prognosis;
(vi) Research;
(vii) Instruction;
(viii) Prescribing, dispensing or administering any device, drug or medication;
(ix) Surgery; or
(x) Any other care or treatment rendered by healthcare providers or healthcare institutions.
(bb) "Human animal hybrid" means any of the following:
(i) A human embryo into which a nonhuman cell or a component of a nonhuman cell is introduced so that it is uncertain whether the human embryo is a member of the species homo sapiens;
(ii) A hybrid human-animal embryo produced by fertilizing a human egg with a nonhuman sperm;
(iii) A hybrid human-animal embryo produced by fertilizing a nonhuman egg with a human sperm;
(iv) An embryo produced by introducing a nonhuman nucleus into a human egg;
(v) An embryo produced by introducing a human nucleus into a nonhuman egg;
(vi) An embryo containing at least haploid sets of chromosomes from both a human and a nonhuman life form;
(vii) A nonhuman life form engineered with the intention of generating functional human gametes within the body of a nonhuman life form;
(viii) A nonhuman life form engineered such that it contains a human brain or a brain derived wholly from human neural tissues.
(cc) "Human cloning" means human asexual reproduction, accomplished by:
(i) Introducing the genetic material from one or more human somatic or embryonic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated before or after introduction, so as to produce an organism at any stage of development with a human or predominantly human genetic constitution;
(ii) Artificially subdividing a human embryo at any time from the two-cell stage onward, such that more than one human organism results; or
(iii) Introducing pluripotent cells from any source into a human embryo, nonhuman embryo, or artificially-manufactured human embryo or trophoblast, under conditions where the introduced cells generate all or most of the body tissues of the developing organism.
(dd) "In vitro" means outside the human body.
(ee) "In vitro fertilization" means the formation of a human embryo outside the human body by union of human eggs with human sperm.
(ff) "In vitro human embryo" means a human embryo created outside the human body.
(gg) "Legal embryo custodian" means the person or persons who hold the legal rights and responsibilities for a human embryo and who relinquishes said embryo to another person or persons.
(hh) "Participate" in a healthcare service means to counsel, advise, provide, perform, assist in, refer for, admit for purposes of providing or to participate in providing any healthcare service or any form of such service.
(ii) "Pay" or "payment" means pay, contract for, or otherwise arrange for the payment of, in whole or in part.
(jj) "Person" means any living human being at any stage of development; and when appropriate, an "organization."
(kk) "Physician" means a person licensed to practice medicine in the State of Mississippi by the State Board of Medical Licensure. This term includes medical doctors and doctors of osteopathy.
(ll) "Pluripotent cells" means stem cells possessing the ability to give rise to most or all of the various cell types that make up the body. One demonstration of pluripotency is the ability, even after prolonged culture, to form derivatives of all three embryonic germ layers from the progeny of a single cell.
(mm) "Preborn child" means any person at any stage of development before and during birth.
(nn) "Prohibited human research" means:
(i) Any medical procedures, scientific or laboratory research, or other kinds of investigation that kill or injure the human subject, at any stage of development, of such research; or
(ii) Any scientific or laboratory research, or other kinds of investigation conducted on fetal tissue obtained from an abortion,
(iii) The term does not include:
1. Research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid or cells other than human embryos, tissues, organs, plants or animals other than humans; or
2. Any diagnostic procedure that benefits the human subject to such tests.
(oo) "Public funds" means, but is not limited to:
(i) Any monies received or controlled by the state or any official, department, division, agency or educational or political subdivision thereof, including, but not limited to:
1. Monies derived from federal, state or local taxes, gifts or grants from any source;
2. Settlements of any claims or causes of action, public or private;
3. Bond proceeds or investment income;
4. Federal grants or payments; or
5. Intergovernmental transfers; and
(ii) Any monies received or controlled by an official, department, division, or agency of state government or any educational or political subdivision thereof, or to any person or entity pursuant to appropriation by the Legislature or the governing body of any political subdivision of this state.
(pp) "Recipient intended parent" means a person or persons who receive a relinquished embryo and who accepts full legal rights and responsibilities for such embryo and any child that may be born as a result of embryo transfer.
(qq) "State family planning funds" means funds dispersed by the state for family planning under state family planning policies or programs.
(rr) "Somatic cell" means a cell having a complete or nearly complete set of chromosomes obtained from a living or deceased human body at any stage of development.
(ss) "Spontaneous miscarriage" is the unintentional termination of a pregnancy.
(tt) "Suicide" means the act or instance of taking one's own life voluntarily and intentionally.
(uu) "Transfer" means the placement of a human embryo into the body of a woman.
(vv) "Valuable consideration" means financial gain or advantage, including cash, in-kind payments, reimbursement for any costs incurred in connection with the removal, processing, disposal, preservation, quality control, storage, transfer or donation of human gametes, including lost wages of the donor, as well as any other consideration.
SECTION 4. (1) Criminal penalties:
(a) Any person who knowingly uses or employs any instrument, device or procedure upon a pregnant woman with the intent of causing the termination of the life of a preborn child, who causes the death of that preborn child is guilty of a felony, and shall, upon conviction, be imprisoned by the Department of Corrections for not less than one (1) year nor more than ten (10) years.
(b) Any person who knowingly administers to, prescribes for, or procures for, or sells to any pregnant woman any abortion inducing drug with the general intent of causing or abetting the termination of the life of a preborn child is guilty of a felony, and shall, upon conviction, be imprisoned by the Mississippi Department of Corrections for not less than one (1) year nor more than ten (10) years.
(c) Medical treatment administered to the mother intended to treat a physical medical condition and not intended to terminate the life of a preborn child, shall not be considered abortion.
(2) Civil penalties and fines:
(a) Any person, physician, or health care provider who intentionally or knowingly violates this section shall be liable for damages.
(b) If any person commits an abortion resulting in death, any surviving family member, other beneficiary, executor, or administrator of the decedent's estate may bring an appropriate action under Chapter 7, Title 11, Mississippi Code of 1972.
(c) Any physician or other health care provider who refers or assists in a violation of this section shall be considered to have engaged in unprofessional conduct for which his or her license to provide health care services in the state of Mississippi shall be suspended or revoked by the State Board of Medical Licensure.
(3) (a) (i) Only birth control that can be clinically proven to kill a person shall be affected by this section.
(ii) In the interest of protecting the health and safety of the people of the State of Mississippi, the Mississippi Department of Health, or other state agency primarily responsible for protecting the health of the people of the State of Mississippi, shall provide a list of birth control products along with their clinically proven effects upon women and preborn human beings at every stage of his or her development.
(b) Spontaneous miscarriages shall not be affected by this section.
(c) The State of Mississippi shall not punish the crime of sexual assault with the death penalty, and neither shall persons conceived through a sexual assault be punished with the loss of his or her life.
SECTION 5. (1) No public funds made available to any institution, board, commission, department, agency, official, or employee of the State of Mississippi, or of any political subdivision thereof, whether such funds are made available by the government of the United States, the state, or a political subdivision, or from any other public source, nor monies paid by students as part of tuition or fees to a state university or a community college shall be used in any way for, to assist in, or to provide facilities for an abortion, or for training to perform an abortion.
(2) It shall be unlawful for any person employed by this state or any agency or political subdivision thereof, within the scope of the person's employment, to perform or assist an abortion.
(3) No fund or committee authorized by the Legislature for the special protection of women or children shall be authorized to use or distribute public funds for the payment of abortions, abortion referrals, abortion counseling, or abortion-related services.
(4) No organization that receives funds authorized or appropriated by the state may use those funds to perform or promote abortions, provide counseling in favor of abortion, or to make referrals for abortions, or may associate with entities that perform, promote, and/or provide counseling or referrals for abortion.
(5) It shall be unlawful for any public institution, public facility, public equipment, or other physical asset owned, leased, or controlled by this state or any agency or political subdivision thereof to be used for the purpose of performing or assisting an abortion.
(6) It shall be unlawful for any public institution or facility to lease or sell or permit the subleasing of its facilities or property to any physician or health facility for use in the provision, inducement or performance of abortion.
(7) No applicant, student, teacher or employee of any public school or university shall be required to pay any fees that would, in whole or in part, fund an abortion for any other applicant, student, teacher or employee of that school.
(8) No hospital, clinic or other health facility owned or operated by the state, a county, a city or other governmental entity shall enter into any contract with any physician or health facility under the terms of which such physician or health facility agrees to provide, induce or perform abortions.
(9) Public funds shall not be expended, paid or granted to or on behalf of an existing or proposed research project that involves abortion, human cloning, or prohibited human research.
(10) No moneys derived from an award of public funds shall be passed through to any other research project, person or entity that involves abortion, human cloning or prohibited human research.
(11) A research project that receives an award of public funds shall maintain financial records that demonstrate strict compliance with this subsection.
(12) Any audit conducted pursuant to any grant or contract awarding public funds shall also certify whether there is compliance with this subsection and shall note any noncompliance as a material audit finding.
(13) No facility operated on public school property or operated by a public school district and no employee of any such facility acting within the scope of such employee's employment shall provide any of the following services to public school students:
(a) Performance of abortions;
(b) Counseling in favor of abortion;
(c) Referrals for abortion; or
(d) Dispensing abortion-inducing drugs.
(14) The (Insert name of State) Department of Education (or other appropriate state department or agency) and local units of administration are prohibited from utilizing state funds for the procurement of abortions or abortion-inducing drugs.
(15) No federal or state funds which are appropriated by the state for the provision of legal services by private agencies, as authorized by statute previously or subsequently enacted, may be used, directly or indirectly, to:
(a) Advocate for a "right" to abortion;
(b) Provide legal assistance with respect to any proceeding or litigation which seeks to procure any abortion, or to procure public funding for any abortion; or
(c) Provide legal assistance with respect to any proceeding or litigation which seeks to compel the performance or assistance in the performance of any abortion, or the provision of facilities for the performance of any abortion;
Nothing in this subsection shall be construed to require or prevent the expenditure of funds issued under a court order awarding fees for attorney's services under the "Civil Rights Attorney's Fees Awards Act of 1976" (Public law 94-559, 90 Stat. 2641).
(16) No Interest on Lawyer Trust Accounts (IOLTA) funds may be used, directly or indirectly, to do any of the following:
(a) Advocate for a "right" to abortion;
(b) Provide legal assistance with respect to any proceeding or litigation which seeks to procure, or procure public funding for, any abortion; or
(c) Provide legal assistance with respect to any proceeding or litigation which seeks to compel the performance or assistance in the performance of any abortion, or the provision of facilities for the performance of any abortion.
SECTION 6. If the commission of any crime codified in the criminal code of the State of Mississippi is the proximate cause of death of a preborn child, the respective homicide and assault charges for that death or injury may be brought contemporaneously with the underlying charges.
SECTION 7. (1) For purposes of protecting children against child abuse and child neglect under Titles 13 and 43, Mississippi Code of 1972, the term child or children shall include a preborn child or preborn children.
(2) As used in this act "dependent" means a person for whom the taxpayer may claim a dependency exemption on the taxpayer's federal income tax return under Section 153 Internal Revenue Code. Dependent includes any preborn child that is, as determined by a physician, developing inside of the taxpayer as of the last day of the tax year.
(3) For purposes of providing support or maintenance for children, the term child or children shall include a preborn child or preborn children.
SECTION 8. Women who are certified by a physician to be in their third trimester of pregnancy, and mothers with children under the age of eighteen (18) months shall be eligible to receive a temporary parking permit recognized statewide authorizing them to park in disabled parking spaces.
SECTION 9. Nothing in this act may be construed to prohibit the sale, use, prescription or administration of a contraceptive measure, drug or chemical.
SECTION 10. (1) Criminal penalties:
(a) Any person who deliberately advises, assists, or encourages another to commit suicide or provides aid in dying, is guilty of a felony, and upon conviction, shall be punished by imprisonment under the custody of the Department of Corrections for a period not to exceed ten (10) years, or by a fine not to exceed One Thousand Dollars ($1,000.00) and imprisonment in the county jail not to exceed one (1) year.
(b) Any physician or health care provider who prescribes any drug, compound, or substance to a patient with the intended purpose to assist in ending the patient's life, or assists or performs any medical procedure for the intended purpose to assist in ending the patient's life is guilty of a felony, and upon conviction, shall be punished by imprisonment under the custody of the Department of Corrections for a period not to exceed ten (10) years, or by a fine not to exceed One Thousand Dollars ($1,000.00) and imprisonment in the county jail not to exceed one (1) year.
(2) Civil penalties and fines:
(a) Any person, physician, or health care provider who intentionally or knowingly violates this section shall be liable for damages.
(b) If any person assists a suicide resulting in death, any surviving family member, other beneficiary, executor, or administrator of the decedent's estate may bring an appropriate action under Chapter 7, Title 11, Mississippi Code of 1972.
(c) Any physician or other health care provider who assists a suicide in violation of this section shall be considered to have engaged in unprofessional conduct for which his or her license to provide health care services in the state shall be suspended or revoked by State Board of Medical Licensure or other appropriate entity.
(3) Nothing in this section shall be construed to prohibit a physician or healthcare provider from:
(a) Participating in the execution of a person sentenced by a court to death by lethal injection;
(b) Following a patient's clear, expressed, and documented wishes to withhold or withdraw life-sustaining treatment; or
(c) Prescribing and administering palliative care or pain medication treatment options intended to relieve pain while the patient's illness or condition follows its natural course.
SECTION 11. (1) It shall be unlawful for any person to:
(a) Intentionally or knowingly conduct destructive research on a human embryo;
(b) Buy, sell, receive or otherwise transfer a human embryo with the knowledge that such embryo will be subjected to destructive research; or
(c) Buy, sell, receive or otherwise transfer gametes with the knowledge that a human embryo will be produced from such gametes to be used in destructive research.
(2) (a) Whoever violates subsection (1)(a) of this section shall be guilty of a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment for each violation.
(b) Whoever violates subsection (1)(b) of this section shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months or a fine of not more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment for each violation.
(c) Whoever violates subsection (1)(c) of this section shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months or a fine of not more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment for each violation.
SECTION 12. (1) It shall be unlawful for any person or entity, public or private, to intentionally or knowingly:
(a) Perform or attempt to perform human cloning;
(b) Participate in an attempt to perform human cloning;
(c) Transfer or receive the product of human cloning for any purpose; or
(d) Transfer or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell for the purpose of human cloning.
(2) (a) Any person or entity that violates subsection (1) of this subsection shall be guilty of a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment for each violation.
(b) Any person or entity that violates any provision of this section and derives a pecuniary gain from such violation shall be fined Five Thousand Dollars ($5,000.00) or twice the amount of gross gain, or any amount intermediate between the foregoing, at the discretion of the court.
(3) Any violation of this section shall constitute unprofessional conduct and shall result in permanent revocation of the violator's license to practice medicine.
(4) Any violation of this section may be the basis for denying an application for, denying an application for the renewal of, or revoking any license, permit, certificate or any other authority to practice or engage in a trade, occupation or profession.
SECTION 13. (1) A legal embryo custodian may relinquish all rights and responsibilities for an embryo to a recipient intended parent before embryo transfer. A written contract shall be entered into between each legal embryo custodian and each recipient intended parent before embryo transfer for the legal transfer of rights to an embryo. The contract shall be signed by each legal embryo custodian for such embryo and by each recipient intended parent in the presence of a notary public and a witness. Initials or other designations may be used if the parties desire anonymity. The contract may include a written waiver by the legal embryo custodian of notice and service in any legal adoption or other parentage proceeding which may follow.
(2) If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization shall not be entitled to any notice of the embryo relinquishment, nor shall their consent to the embryo relinquishment be required.
(3) Upon embryo relinquishment by each legal embryo custodian pursuant to subsection (1) of this section, the legal transfer of rights to an embryo shall be considered complete, and the embryo transfer shall be authorized.
(4) An preborn child, and a child born to a recipient intended parent as the result of embryo relinquishment pursuant to subsection (1) of this section shall be presumed to be the legal child of the recipient intended parent, provided that each legal embryo custodian and each recipient intended parent has entered into a written contract.
(5) Before the birth of a child or following the birth of a child, a recipient intended parent may petition the superior court for an expedited order of adoption or parentage. In such cases, the written contract between each legal embryo custodian and each recipient intended parent shall be acceptable in lieu of a surrender of rights.
(6) All petitions under this article shall be filed in the county in which any petitioner or any respondent resides.
(7) The court shall give effect to any written waiver of notice and service in the legal proceeding for adoption or parentage.
(8) In the interest of justice, to promote the stability of embryo transfers, and to promote the interests of preborn children and children who may be born following such embryo transfers, the court in its discretion may waive such technical requirements as the court deems just and proper.
(9) Upon a filing of a petition for adoption or parentage and the court finding that such petition meets the criteria required by this section, an expedited order of adoption or parentage shall be issued and shall be a final order. Such order shall terminate any future parental rights and responsibilities of any past or present legal embryo custodian or gamete donor in a child which results from the embryo transfer and shall vest such rights and responsibilities in the recipient intended parent.
SECTION 14. (1) It shall be unlawful for any person or entity to intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization of a human egg by a human sperm.
(2) The creation of an in vitro human embryo shall be solely for the purpose of initiating a human pregnancy by means of transfer to the uterus of a human female for the treatment of human infertility. A pregnancy shall not be initiated with the intention of deliberately destroying the embryo for scientific research. Neither shall the embryo be gestated to the fetal stage for purposes of destroying the fetus in order to harvest tissue stem cells for research. No person or entity shall intentionally or knowingly transfer or attempt to transfer an embryo into a human uterus that is not the product of fertilization of a human egg by a human sperm.
(3) It shall be unlawful for any person or entity to intentionally or knowingly:
(a) Create or attempt to create a human-animal hybrid;
(b) Transfer or attempt to transfer a human embryo into a nonhuman womb;
(c) Transfer or attempt to transfer a nonhuman embryo into a human womb;
(d) Transport or receive for any purpose a human-animal hybrid or any product derived from such hybrid.
(4) Nothing in this section prohibits any of the following:
(a) Research involving the use of transgenic animal models containing human genes;
(b) Xenotransplantation of human organs, tissues or cells into recipient animals, including animals at any stage of development before birth, so long as the xenotransplantation does not violate a prohibition in subsection (3) of this section;
(c) An individual from receiving organs, tissues or cells delivered from outside of this state.
(5) No person or entity shall give or receive valuable consideration, offer to give or receive valuable consideration, or advertise for the giving or receiving of valuable consideration for the provision of gametes or in vitro human embryos. This section shall not apply to regulate or prohibit the procurement of gametes for the treatment of infertility being experienced by the patient from whom the gametes are being derived.
(6) The in vitro human embryo shall be given an identification by the facility for use within the medical facility. Records shall be maintained that identify the donors associated with the in vitro human embryo, and the confidentiality of such records shall be maintained as required by law.
(7) A living in vitro human embryo is a biological human being who is not the property of any person or entity. The fertility physician and the medical facility that employs the physician owe a high duty of care to the living in vitro human embryo. Any contractual provision identifying the living in vitro embryo as the property of any party shall be null and void. The in vitro human embryo shall not be intentionally destroyed for any purpose by any person or entity or through the actions of such person or entity.
(8) An in vitro human embryo that fails to show any sign of life over a thirty-six-hour period outside a state of cryopreservation shall be considered no longer living.
(9) Only medical facilities meeting the standards of the American Society for Reproductive Medicine and the American College of Obstetricians and Gynecologists shall cause the fertilization of an in vitro human embryo. A person who engages in the creation of in vitro human embryos shall be qualified as a medical doctor licensed to practice medicine in this state and shall possess specialized training and skill in artificial reproductive technology in conformity with the standards established by the American Society for Reproductive Medicine or the American College of Obstetricians and Gynecologists.
(10) In the interest of reducing the risk of complications for both the mother and the transferred in vitro human embryos, including the risk of preterm birth associated with higher-order multiple gestations, a person or entity performing in vitro fertilization shall limit the number of in vitro human embryos created in a single cycle to the number to be transferred in that cycle in accord with Section (9) of this section.
(11) Where a woman under age forty (40) years is to receive treatment using her own eggs or embryos created using her own eggs, whether fresh or previously cryopreserved, at the time of transfer no person or entity shall transfer more than two (2) embryos in any treatment cycle, regardless of the procedure used.
(12) Where a woman age forty (40) years or over is to receive treatment using her own eggs or embryos created using her own eggs, whether fresh or previously cryopreserved, at the time of transfer no person or entity shall transfer more than three (3) embryos in any treatment cycle, regardless of the procedure used.
(13) Where a woman is to receive treatment using donated eggs or adopted embryos, no person or entity shall transfer more than two (2) donated eggs or two (2) adopted embryos in any treatment cycle, regardless of the woman's age at the time of transfer and regardless of the procedure used.
(14) In disputes arising between any parties regarding the in vitro human embryo, the judicial standard for resolving such disputes shall be the best interest of the in vitro human embryo.
(15) All facilities providing assisted reproductive technologies shall, at least twenty-four (24) hours before obtaining a signed contract for services, provide patients with informed consent as required by law and obtain a signed disclosure form before services commence. In addition to medical risks and information on outcome and success rates, the informed consent materials shall state in plain language the parental rights and duties of the donors, as well as their legal rights and duties regarding the disposition of in vitro human embryos that were not transferred due to either of the fertility patient's death, divorce, abandonment or dispute over the custody of the in vitro human embryo.
(16) Notwithstanding any other provision of this article to the contrary, nothing in this article shall be construed to create or recognize any independent right to engage in the practice of in vitro fertilization or to create in vitro human embryos by any means.
(17) Any person or entity that violates any provision of this section and derives a pecuniary gain from such violation shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00).
(18) Any violation of this section shall constitute unprofessional conduct and shall result in sanctions increasing in severity from censure to temporary suspension of license to permanent revocation of license.
(19) Any violation of this article may be the basis for denying an application for, denying an application for the renewal of, or revoking any license, permit, certificate, or any other authority required to practice or engage in a trade, occupation or profession.
(20) Any violation of this article by an individual in the employ and under the auspices of a licensed health care facility to which the management of the facility consents, knows or should know may be the basis for denying an application for, denying an application for the renewal of, temporarily suspending or permanently revoking any operational license, permit, certificate or any other form of permission required to operate a medical or health care facility.
SECTION 15. (1) No public funds shall be used to finance human cloning or destructive embryonic stem-cell research. The state, any state educational institution or any political subdivision of the state may not use public funds, facilities or employees to knowingly destroy human embryos for the purpose of research or knowingly participate in human cloning or attempted human cloning.
(2) No public funds shall be used to buy, receive or otherwise transfer a human embryo with the knowledge that such embryo will be subjected to destructive research.
(3) No public funds shall be used to buy, receive or otherwise transfer gametes with the knowledge that a human embryo will be produced from such gametes to be used in destructive research.
SECTION 16. (1) No health insurance contract, plan or policy delivered or issued for delivery in the State of Mississippi shall provide coverage for abortions.
(2) Notwithstanding any other provision of law to the contrary, the State of Mississippi or any county, municipality or political subdivision thereof shall not include in any insurance contract, plan or policy covering employees and their dependents any provision which shall provide coverage for obtaining or performing an abortion, nor shall any public funds be used for the purpose of obtaining or performing an abortion on behalf of public employees or their dependents.
(3) No abortion coverage may be provided by a qualified health plan offered through an exchange created pursuant to the Patient Protection and Affordable Care Act within the State of Mississippi.
(4) Subsection (1) of this section shall be applicable to all contracts, plans or policies of:
(a) All health insurers subject to regulation under Title 83, Mississippi Code of 1972;
(b) All nonprofit hospital, medical, surgical, dental, and health service corporations;
(c) All group and blanket health insurers subject to regulation under Title 83, Mississippi Code of 1972;
(d) All health maintenance organizations subject to regulation under Title 83, Mississippi Code of 1972;
(e) Any provision of medical, hospital, surgical, and funeral benefits and of coverage against accidental death or injury, when such benefits or coverage are incidental to or part of other insurance subject to regulation under Title 83, Mississippi Code of 1972; and
(f) All employers who provide health insurance for employees on a self-insured basis.
(5) Subsection (2) of this section shall be applicable to all contracts, plans or policies of:
(a) All health insurers are subject to regulation under Title 83, Mississippi Code of 1972;
(b) All nonprofit hospital, medical, surgical, dental, and health service corporations;
(c) All group and blanket health insurers subject to regulation under Title 83, Mississippi Code of 1972;
(d) All health maintenance organizations subject to regulation under Title 83, Mississippi Code of 1972; and
(e) Any provision of medical, hospital, surgical, and funeral benefits and of coverage against accidental death or injury, when such benefits or coverage are incidental to or part of other insurance subject to regulation under Title 83, Mississippi Code of 1972.
SECTION 17. (1) (a) A healthcare provider has the right not to participate, and no healthcare provider shall be required to participate in a healthcare service that violates his or her conscience.
(b) No healthcare provider shall be civilly, criminally, or administratively liable for declining to participate in a healthcare service that violates his or her conscience.
(c) It shall be unlawful for any person, healthcare provider, healthcare institution, public or private institution, public official, or any board which certifies competency in medical specialties to discriminate against any healthcare provider in any manner based on his or her declining to participate in a healthcare service that violates his or her conscience. For purposes of this section, discrimination includes, but is not limited to, the following: termination, transfer, refusal of staff privileges, refusal of board certification, adverse administrative action, demotion, loss of career specialty, reassignment to a different shift, reduction of wages or benefits, refusal to award any grant, contract, or other program, refusal to provide residency training opportunities, or any other penalty, disciplinary, or retaliatory action.
(2) (a) A healthcare institution has the right not to participate, and no healthcare institution shall be required to participate in a healthcare service that violates its conscience.
(b) A healthcare institution that declines to provide or participate in a healthcare service that violates its conscience shall not be civilly, criminally, or administratively liable if the institution provides a consent form to be signed by a patient before admission to the institution stating that it reserves the right to decline to provide or participate in healthcare services that violate its conscience.
(c) It shall be unlawful for any person, public or private institution, or public official to discriminate against any healthcare institution, or any person, association, corporation, or other entity attempting to establish a new healthcare institution or operating an existing healthcare institution, in any manner, including, but not limited to, the following: any denial, deprivation or disqualification with respect to licensure; any aid assistance, benefit, or privilege, including staff privileges; or any authorization, including authorization to create, expand, improve, acquire, or affiliate or merge with any healthcare institution, because such healthcare institution, or person, association, or corporation planning, proposing, or operating a healthcare institution declines to participate in a healthcare service which violates the healthcare institution's conscience.
(d) It shall be unlawful for any public official, agency, institution, or entity to deny any form of aid, assistance, grants, or benefits, or in any other manner to coerce, disqualify, or discriminate against any person, association, corporation, or other entity attempting to establish a new healthcare institution or operating an existing healthcare institution because the existing or proposed healthcare institution declines to participate in a healthcare service contrary to the healthcare institution's conscience.
(3) (a) A healthcare payer has the right to decline to pay, and no healthcare payer shall be required to pay for or arrange for the payment of any healthcare service or product that violates its conscience.
(b) No healthcare payer and no person, association, corporation, or other entity that owns, operates, supervises, or manages a healthcare payer shall be civilly or criminally liable by reason of the healthcare payer's declining to pay for or arrange for the payment of any healthcare service that violates its conscience.
(c) It shall be unlawful for any person, public or private institution or public official to discriminate against any healthcare payer, or any person, association, corporation or other entity (i) attempting to establish a new healthcare payer or (ii) operating an existing healthcare payer, in any manner, including, but not limited to, the following: any denial, deprivation, or disqualification with respect to licensure, aid, assistance, benefit, privilege or authorization, including, but not limited to, any authorization to create, expand, improve, acquire or affiliate or merge with any healthcare payer, because a healthcare payer, or a person, association, corporation or other entity planning, proposing or operating a healthcare payer declines to pay for or arrange for the payment of any healthcare service that violates its conscience.
(d) It shall be unlawful for any public official, agency, institution, or entity to deny any form of aid, assistance, grants, or benefits, or in any other manner to coerce, disqualify, or discriminate against any healthcare payer, or any person, association, corporation, or other entity attempting to establish a new healthcare payer or operating an existing healthcare payer because the existing or proposed healthcare payer declines to pay for or arrange for the payment of any healthcare service that is contrary to its conscience.
(4) (a) A civil action for damages or injunctive relief, or both, may be brought for the violation of any provision of this section. It shall not be a defense to any claim arising out of the violation of this section that such violation was necessary to prevent additional burden or expense on any other healthcare provider, healthcare institution, individual or patient.
(b) Any individual, association, corporation, entity or healthcare institution injured by any public or private individual, association, agency, entity or corporation by reason of any conduct prohibited by this section may commence a civil action. Upon finding a violation of this section, the aggrieved party shall be entitled to recover three-fold the actual damages, including pain and suffering, sustained by such individual, association, corporation, entity or healthcare institution, the costs of the action, and reasonable attorney's fees; but in no case shall recovery be less than Five Thousand Dollars ($5,000.00) for each violation in addition to costs of the action and reasonable attorney's fees. These damage remedies shall be cumulative, and not exclusive of other remedies afforded under any other state or federal law.
(c) The court in civil action initiated under the provisions of this section may award injunctive relief, including, but not limited to, ordering reinstatement of a healthcare provider to his or her prior job position.
SECTION 18. Nothing in this act shall be construed as creating or recognizing a right to abortion. It is not the intention of this act to make lawful an abortion that is currently unlawful.
SECTION 19. The Legislature, by joint resolution, may appoint one (1) or more members to intervene as a matter of right in any case in which the constitutionality of this act or any portion thereof is challenged.
SECTION 20. If any provision, word, phrase or clause of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications of this act which can be given effect without the invalid provision, word, phrase, clause, or application and to this end, the provisions, words, phrases, and clauses of this act are declared severable.
SECTION 21. This act shall take effect and be in force from and after the date that the people of the State of Mississippi define the word "person" or "human person" to include every human being at every stage of development in the Mississippi Constitution.