MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Human Services; Judiciary B
By: Representative Summers
AN ACT TO CREATE THE RIGHT TO CONTRACEPTION ACT; TO PROVIDE THAT THE RIGHT TO CONTRACEPTION IS A FUNDAMENTAL RIGHT, CENTRAL TO A PERSON'S PRIVACY, HEALTH, WELL-BEING, DIGNITY, LIBERTY, EQUALITY, AND ABILITY TO PARTICIPATE IN THE SOCIAL AND ECONOMIC LIFE OF THE STATE; TO PROVIDE DEFINITIONS FOR THIS ACT; TO PROVIDE A STATUTORY RIGHT UNDER THIS ACT TO OBTAIN CONTRACEPTIVES AND TO ENGAGE IN CONTRACEPTION; TO PROVIDE THAT A HEALTH CARE PROVIDER HAS A CORRESPONDING RIGHT TO PROVIDE CONTRACEPTIVES, CONTRACEPTION, AND CONTRACEPTION-RELATED INFORMATION; TO AUTHORIZE A PERSON TO COMMENCE A CIVIL ACTION IF THEY ARE ADVERSELY AFFECTED BY A VIOLATION OF THIS ACT; TO AUTHORIZE ANY INDIVIDUAL OR ENTITY, INCLUDING ANY HEALTH CARE PROVIDER OR PATIENT, ADVERSELY AFFECTED BY AN ALLEGED VIOLATION OF THIS SECTION, MAY COMMENCE A CIVIL ACTION AGAINST ANY PERSON THAT VIOLATES OR IMPLEMENTS OR ENFORCES A LIMITATION OR REQUIREMENT THAT VIOLATES THIS SECTION; TO BRING FORWARD SECTIONS 41-42-5 AND 41-42-7, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZE PHYSICIANS TO PROVIDE CONTRACEPTIVES, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and cited as the "Right to Contraception Act."
SECTION 2. The Legislature finds the following:
(a) The right to contraception is a fundamental right, central to a person's privacy, health, well-being, dignity, liberty, equality, and ability to participate in the
social and economic life of the state.
(b) The right to contraceptives is protected by Mississippi law.
(c) The right to contraception has been repeatedly recognized internationally as a human right. The United Nations Population Fund has published several reports outlining family planning as a basic human right that advances women's health, economic empowerment, and equality.
(d) Access to contraceptives is internationally recognized by the World Health Organization as advancing other human rights such as the right to life, liberty, expression, health, work, and education.
(e) Contraception is safe, essential health care, and access to contraceptive products and services is central to people's ability to participate equally in economic and social life. Contraception allows people to make decisions about their families and their lives.
(f) Contraception is key to sexual and reproductive health. Contraception is critical to preventing unintended pregnancy, and many contraceptives are highly effective in preventing and treating a wide array of often severe medical conditions and decrease the risk of certain cancers.
(g) Family planning improves health outcomes for women, their families, and their communities and reduces rates of maternal and infant mortality and morbidity.
(h) Policies governing pharmaceutical and insurance policies affect the accessibility of contraceptives and the settings in which contraception services are delivered.
SECTION 3. The following words and phrases shall have the meanings described in this act:
(a) "Contraception" means an action taken to prevent pregnancy, including the use of contraceptives or fertility-awareness-based methods and sterilization procedures and includes "contraceptive procedures" as defined in Section 41-42-3.
(b) "Contraceptive" means any drug, device, or biological product intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, that is legally marketed under the federal Food, Drug, and Cosmetic Act, such as oral contraceptives, long acting reversible contraceptives, emergency contraceptives, internal and external condoms, injectables, vaginal barrier methods, transdermal patches, and vaginal rings, or other contraceptives.
(c) "Health care provider" means any physician, nurse, or nurse practitioner licensed in the State of Mississippi.
(d) "Political subdivision" means a city, village, town, or county.
SECTION 4. (1) A person has a statutory right under this act to obtain contraceptives and to engage in contraception, and a health care provider has a corresponding right to provide contraceptives, contraception, and contraception-related information.
(2) The statutory rights specified in this act shall not be limited or otherwise infringed through any limitation or requirement that does all of the following:
(a) Expressly, effectively, implicitly, or as implemented singles out the provision of contraceptives, contraception, or contraception-related information; health care providers who provide contraceptives, contraception, or contraception-related information; or facilities in which contraceptives, contraception, or contraception-related information is provided.
(b) Impedes access to contraceptives, contraception, or contraception-related information.
(3) To defend against a claim that a limitation or requirement violates a health care provider's or patient's statutory rights under paragraph (b), a party must establish, by clear and convincing evidence, all of the following:
(a) The limitation or requirement significantly advances the safety of contraceptives, contraception, and contraception-related information.
(b) The safety of contraceptives, contraception, and contraception related information or the health of patients cannot be advanced by a less restrictive alternative measure or action.
(4) (a) Neither the state nor any political subdivision of the state may administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that does any of the following:
(i) Prohibits or restricts the sale, provision, or use of any contraceptives that have been approved by the federal Food and Drug Administration for contraceptive purposes.
(ii) Prohibits or restricts any person from aiding another person in obtaining any contraceptives approved by the federal Food and Drug Administration or contraceptive methods.
(iii) Exempts any contraceptives approved by the federal Food and Drug Administration from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use those contraceptives or contraceptive methods.
(b) This section does not supersede or otherwise affect any provision relating to coverage under group health plans or group or individual health insurance coverage and may not be construed as requiring the provision of specific benefits under these plans or coverage.
(c) An individual or entity who is subject to a limitation or requirement that violates this section may raise this section as a defense to any cause of action against the individual or entity.
(5) (a) This act shall be liberally construed to effectuate its purposes.
(b) Nothing in this section may be construed to do any of the following:
(i) Authorize any government to interfere with a health care provider's ability to provide contraceptives or contraception-related information or a person's ability to obtain contraceptives or to engage in contraception.
(ii) Permit or sanction the conduct of any sterilization procedure without the patient's voluntary and informed consent.
(6) (a) The Attorney General may commence a civil action on behalf of the state against any person that violates or enforces a limitation or requirement that violates this section. In any civil action brought under this paragraph, the Attorney General may compromise and settle the action as the Attorney General determines to be in the best interest of the state.
(b) Any individual or entity, including any health care provider or patient, adversely affected by an alleged violation of this section may commence a civil action against any person that violates or implements or enforces a limitation or requirement that violates this section.
(c) A health care provider may commence an action for relief on its own behalf, on behalf of the provider's staff, and on behalf of the provider's patients who are or may be adversely affected by an alleged violation of this section.
(d) If a court finds that there has been a violation of this section, the court shall hold unlawful and set aside the limitation or requirement. In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief.
(e) In any action under this section, the court shall award to any prevailing plaintiff costs and reasonable attorney's fees. Unless a court determines an action is frivolous, the court may not hold a plaintiff liable to a defendant for costs and attorney's fees in an action under this section.
SECTION 5. Section 41-42-5, Mississippi Code of 1972, is brought forward as follows:
41-42-5. The State Board of Health is authorized to receive and disburse such funds as may become available to it for family planning programs to any organization, public or private, engaged in providing contraceptive procedures, supplies, and information. Any family planning program administered by the board may be developed in consultation and coordination with other family planning agencies in this state.
The board is hereby authorized to adopt and promulgate rules and regulations to implement the provisions of this chapter.
The board may provide for the dissemination of medically acceptable contraceptive information and supplies by duly authorized persons in state and county health and welfare departments and in medical facilities at institutions of higher learning.
SECTION 6. Section 41-42-7, Mississippi Code of 1972, is brought forward as follows:
41-42-7. Contraceptive supplies and information may be furnished by physicians to any minor who is a parent, or who is married, or who has the consent of his or her parent or legal guardian, or who has been referred for such service by another physician, a clergyman, a family planning clinic, a school or institution of higher learning, or any agency or instrumentality of this state or any subdivision thereof.
SECTION 7. This act shall take effect and be in force from and after its passage.