MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Public Health and Human Services

By: Representative Anderson (110th)

House Bill 1446

AN ACT TO BE KNOWN AS THE MAN'S RIGHT TO KNOW ACT OF 2020; TO STATE THE PURPOSE OF THE ACT; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO CREATE INFORMATIONAL MATERIALS THAT CONTAIN MEDICAL INFORMATION RELATED TO THE BENEFITS AND CONCERNS OF A MAN SEEKING A VASECTOMY OR COLONOSCOPY OR VIAGRA PRESCRIPTION; TO PROVIDE THAT A CAUSE OF ACTION MAY NOT ARISE ON BEHALF OF ANY PERSON BASED ON THE CLAIM THAT THEIR DOCTOR REFUSED TO PERFORM A VASECTOMY OR COLONOSCOPY OR PRESCRIBE VIAGRA DUE TO THEIR PERSONAL, MORALISTIC OR RELIGIOUS BELIEFS; TO PROVIDE THAT AN ATTENDING PHYSICIAN MUST VERBALLY REVIEW THE INFORMATIONAL MATERIALS WITH EVERY MALE PATIENT SEEKING A VASECTOMY, COLONOSCOPY OR VIAGRA PRESCRIPTION; TO PROVIDE THAT CONSENT TO AN ELECTIVE VASECTOMY OR COLONOSCOPY OR A PRESCRIPTION OF VIAGRA IS VOLUNTARY AND INFORMED ONLY IF AT LEAST TWENTY-FOUR HOURS HAVE PASSED SINCE THE INITIAL HEALTH CARE CONSULTATION FOR THE PROCEDURE OR PRESCRIPTION; TO REQUIRE THE DEPARTMENT TO MAINTAIN A REGISTRY OF FACILITIES THAT PROVIDE FULLY-ABSTINENT ENCOURAGEMENT COUNSELING, SUPERVISING PHYSICIANS FOR MASTURBATORY EMISSIONS, AND STORAGE FOR THE SEMEN; TO REQUIRE ATTENDING PHYSICIANS TO ADMINISTER A MEDICALLY-UNNECESSARY DIGITAL RECTAL EXAM AND MAGNETIC RESONANCE IMAGINING OF THE RECTUM BEFORE PERFORMING AN ELECTIVE VASECTOMY OR COLONOSCOPY OR PRESCRIBING VIAGRA; TO PROVIDE THAT A MAN'S MASTURBATORY EMISSIONS MADE IN A HEALTH CARE OR MEDICAL FACILITY SHALL BE STORED FOR THE PURPOSES OF CONCEPTION FOR A CURRENT OR FUTURE WIFE; TO PROVIDE A CIVIL PENALTY FOR MEN MAKING MASTURBATORY EMISSIONS OUTSIDE OF A WOMAN'S VAGINA OR OUTSIDE OF A HEALTH OR MEDICAL FACILITY; TO PROVIDE THAT PENALTIES COLLECTED SHALL BE DEPOSITED IN A FUND ESTABLISHED BY THE DEPARTMENT OF CHILD PROTECTION SERVICES FOR THE PURPOSE OF THE CARE AND SERVICES PROVIDED TO CHILDREN IN THE CONSERVATORSHIP OF THE DEPARTMENT IN ORDER TO ASSIST IN THE ASSERTION OF THE IMPORTANCE OF THE SANCTITY OF LIFE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Short title.  This act shall be known as the Man's Right to Know Act of 2020.

     SECTION 2.  Purpose. The purpose of this act is to:

          (a)  Express the interest of the State of Mississippi in promoting men's health;

          (b)  Ensure that Mississippi men experience safe and healthy elective vasectomies, colonoscopies, Viagra utilizations, and men's health experiences;

          (c)  Ensure a doctor's right to invoke their personal, moralistic or religious beliefs in refusing to perform an elective vasectomy or colonoscopy or prescribe Viagra; and

          (d)  Promote fully-abstinent sexual relations or occasional masturbatory emissions inside health care and medical facilities, as a means of the healthiest way to ensure men's health.

     SECTION 3.  Informational materials for informed consent.  (1)  The State Department of Health shall create and distribute informational materials containing information reflecting the requirements and legislative intent in this act, which shall be entitled "A Man's Right to Know."  The department shall establish rules and procedures for the creation and distribution of the informational materials that follow the same rules and procedures for the informed consent information booklet created and published by the department under Section 41-41-35, to the extent practicable.

     (2)  The informational materials must contain scientific information that is verified and supported by research that is recognized as medically accurate, objective, and complete by the National Institutes of Health and affiliated organizations.  The informational materials must contain medical information related to the benefits and concerns of a man seeking a vasectomy or colonoscopy or Viagra prescription, and must contain realistic artistic illustrations of each procedure.

     (3)  The department shall make the informational materials available for distribution not later than December 1, 2020.

     SECTION 4.  Prohibited causes of action. A cause of action may not arise, and damages may not be awarded, on behalf of any person based on the claim that their doctor refused to perform a vasectomy or colonoscopy or prescribe Viagra, or withheld any other men's health procedure due to their personal, moralistic or religious beliefs.  This section may not be construed to eliminate any duty of a physician or other health care practitioner under any other applicable law.

     SECTION 5.  Viewing informational materials and hearing verbal explanation. An attending physician must verbally review the informational materials entitled "A Man's Right To Know" with every male patient seeking a vasectomy, colonoscopy or Viagra prescription.

     SECTION 6.  Informed consent required before performing procedures. A person may not perform an elective vasectomy or colonoscopy or prescribe Viagra without the voluntary and informed consent of the man on whom the elective vasectomy or colonoscopy is to be performed, or for whom Viagra is to be prescribed.

     SECTION 7.  Voluntary and informed consent waiting period. Consent to an elective vasectomy or colonoscopy or a prescription of Viagra is voluntary and informed only if at least twenty-four (24) hours have passed since the initial health care consultation for the procedure or prescription.

     SECTION 8.  Registry of facilities providing certain services. The department must establish and maintain a registry of hospitals and private nonprofit organizations that register with the department to provide fully-abstinent encouragement counseling, supervising physicians for masturbatory emissions, and storage for the semen.  Costs of the registry shall be absorbed by the hospital or private nonprofit organizations.

     SECTION 9.  Required examinations before procedures. An attending physician must administer a medically-unnecessary digital rectal exam and magnetic resonance imagining of the rectum before performing an elective vasectomy or colonoscopy or prescribing Viagra.  This digital rectal exam and rectal sonogram must take place during the initial health care consultation before an elective vasectomy or colonoscopy is performed or a prescription is given for Viagra.

     SECTION 10.  Fines related to certain masturbatory emissions.    (1)  A man's masturbatory emissions made in a health care or medical facility shall be stored for the purposes of conception for a current or future wife.

     (2)  A man making masturbatory emissions outside of a woman's vagina or outside of a health care or medical facility shall be fined a civil penalty of One Hundred Dollars ($100.00) for each emission, and the man's actions shall be considered an act against an unborn child, and failing to preserve the sanctity of life.

     (3)  Penalties collected under this section shall be deposited in a fund established by the Department of Child Protection Services for the purpose of the care and services provided to children in the conservatorship of the department in order to assist in the assertion of the importance of the sanctity of life.

     SECTION 11.  This act shall take effect and be in force from and after January 1, 2021.