reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 39 - DISPOSITION OF HUMAN BODIES OR PARTS (§§ 41-39-1 — 41-39-NEW) › REVISED MISSISSIPPI UNIFORM ANATOMICAL GIFT ACT (§§ 41-39-101 — 41-39-NEW) › Section 41-39-143 - Notification of medical examiner if deceased patient is subject of medical-legal death investigation

(a)
If the deceased patient is medically suitable to be an organ and/or tissue donor, as determined by the procurement organization, and the donor and/or family has authorized the donation and transplantation, the donor's organs and/or tissues shall be removed for the purpose of donation and transplantation by the organ procurement organization, in accordance with subsection (b) of this section.
(b)
If the deceased patient is the subject of a medical-legal death investigation, the procurement organization shall immediately notify the appropriate medical examiner that the deceased patient is medically suitable to be an organ and/or tissue donor. If the medical examiner determines that examination, analysis or autopsy of the organs and/or tissue is necessary for the medical examiner's investigation, the medical examiner may be present while the organs and/or tissues are removed for the purpose of transplantation. The physician, surgeon or technician removing the organs and/or tissues shall file with the medical examiner a report detailing the donation, which shall become part of the medical examiner's report. When requested by the medical examiner, the report shall include a biopsy or medically approved sample, as specified by the medical examiner, from the donated organs and/or tissues.
(c)
In a medical-legal death investigation, decisions about organ and/or tissue donation and transplantation shall be made in accordance with a protocol established and agreed upon by majority vote of procurement organization, a certified state pathologist who shall be appointed by the Mississippi Commissioner of Public Safety, a representative from the University of Mississippi Medical Center, a representative from the Mississippi Coroners Association, an organ recipient who shall be appointed by the Governor, the Director of the Mississippi Bureau of Investigation of the Mississippi Department of Public Safety, and a representative of the Mississippi Prosecutor's Association appointed by the Attorney General. The protocol shall be established so as to maximize the total number of organs and/or tissues available for donation and transplantation. Organs and/or tissues designated by virtue of this protocol shall be recovered. The protocol shall be reviewed and evaluated on an annual basis.
Laws, 2008, ch. 561, § 22; reenacted without change, Laws, 2012, ch. 346, § 22, eff. 7/1/2012.
Reenacted without change by Laws, 2014, ch. 315, SB 2217, 22, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 39 - DISPOSITION OF HUMAN BODIES OR PARTS (§§ 41-39-1 — 41-39-NEW) › REVISED MISSISSIPPI UNIFORM ANATOMICAL GIFT ACT (§§ 41-39-101 — 41-39-NEW) › Section 41-39-145 - Uniformity of application and construction

In applying and construing Sections
41-39-101
through
41-39-149
, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Laws, 2008, ch. 561, § 23; reenacted without change, Laws, 2012, ch. 346, § 23, eff. 7/1/2012.
Reenacted without change by Laws, 2014, ch. 315, SB 2217, 23, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 39 - DISPOSITION OF HUMAN BODIES OR PARTS (§§ 41-39-1 — 41-39-NEW) › REVISED MISSISSIPPI UNIFORM ANATOMICAL GIFT ACT (§§ 41-39-101 — 41-39-NEW) › Section 41-39-147 - Relation to electronic signatures in global and national commerce act

Sections
41-39-101
through
41-39-149
modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 USCS Section 7001 et seq., but do not modify, limit or supersede Section 101(a) of that act, 15 USCS Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 USCS Section 7003(b).
Laws, 2008, ch. 561, § 24; reenacted without change, Laws, 2012, ch. 346, § 24, eff. 7/1/2012.
Reenacted without change by Laws, 2014, ch. 315, SB 2217, 24, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 39 - DISPOSITION OF HUMAN BODIES OR PARTS (§§ 41-39-1 — 41-39-NEW) › REVISED MISSISSIPPI UNIFORM ANATOMICAL GIFT ACT (§§ 41-39-101 — 41-39-NEW) › Section 41-39-149 - [Repealed]

Laws, 2008, ch. 561, § 25; Laws, 2012, ch. 346, § 25, eff. 7/1/2012.
Repealed by Laws, 2014, ch. 315, SB 2217, 25, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 39 - DISPOSITION OF HUMAN BODIES OR PARTS (§§ 41-39-1 — 41-39-NEW) › REVISED MISSISSIPPI UNIFORM ANATOMICAL GIFT ACT (§§ 41-39-101 — 41-39-NEW) › Section 41-39-NEW - [Newly enacted section not yet numbered] [Living Donor Protection Act]

(1)
This section shall be known and may be cited as the "Living Donor Protection Act."
(2)
The following words and phrases shall have the meanings as defined in this subsection unless the context clearly indicates otherwise:
(a)
"Living organ donor" means an individual who has donated all or part of an organ and is not deceased.
(b)
"Policy" means a life insurance policy, disability insurance policy or long-term care insurance policy.
(3)
Notwithstanding any other provision of law to the contrary, it shall be unlawful for an insurer to:
(a)
Decline or limit coverage of a person under any policy solely due to the status of such person as a living organ donor;
(b)
Preclude an insured from donating all or part of an organ as a condition of continuing to receive a policy; or
(c)
Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, or any other condition of a policy for a person, based solely and without any additional actuarial risks upon the status of such person as a living organ donor.
(4)
The Department of Insurance shall adopt rules and regulations as necessary to effectuate the provisions of this section.
(5)
If the Mississippi State Department of Health receives materials related to living organ donation from a recognized living organ donation organization, the department shall make those materials available to the public. The department may seek, accept and expend gifts, grants, or donations from private or public sources for the purpose of this subsection.
Added by Laws, 2024, ch. 341, HB 1213,§ 1, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › IN GENERAL (§§ 41-41-1 — 41-41-17) › Section 41-41-1 - Blood banking and transfusion procedures constitute services rather than sales; maximum usable life span of blood

The procurement, processing, storage, distribution and/or use of whole blood, plasma, blood products and blood derivatives, human tissue, organs or bones for the purpose of injecting, transfusing, transplanting or transferring the same or any of them into the human body for all purposes whatsoever constitutes the rendering of a service by every person participating therein, whether or not any remuneration is paid therefor, and does not constitute a sale. The maximum usable life span or shelf life for human blood preserved in citrate phosphate dextrose shall be governed by federal regulations promulgated and adopted by the Food and Drug Administration.
Codes, 1942, § 7129-71; Laws, 1966, ch. 475, § 1; Laws, 1975, ch. 334; Laws, 1980, ch. 382; Laws, 1987, ch. 401, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › IN GENERAL (§§ 41-41-1 — 41-41-17) › Section 41-41-3 - Consent for surgical or medical treatment or procedures on unemancipated minors

(1)
It is hereby recognized and established that, in addition to such other persons as may be so authorized and empowered, any one (1) of the following persons who is reasonably available, in descending order of priority, is authorized and empowered to consent on behalf of an unemancipated minor, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed or directed by a duly licensed physician:
(a)
The minor's guardian or custodian.
(b)
The minor's parent.
(c)
An adult brother or sister of the minor.
(d)
The minor's grandparent.
(2)
If none of the individuals eligible to act under subsection (1) is reasonably available, an adult who has exhibited special care and concern for the minor and who is reasonably available may act; the adult shall communicate the assumption of authority as promptly as practicable to the individuals specified in subsection (1) who can be readily contacted.
(3)
Any female, regardless of age or marital status, is empowered to give consent for herself in connection with pregnancy or childbirth.
Codes, 1942, § 7129-81; Laws, 1966, ch. 478, § 1; Laws, 1984, ch. 347; Laws, 1998, ch. 542, § 17, eff. 7/1/1998.
Brought forward by Laws, 2024, ch. 432, SB 2858,§ 9, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › IN GENERAL (§§ 41-41-1 — 41-41-17) › Section 41-41-5 - [Repealed]

Repealed by Laws, 1998, ch. 542, § 18, eff. 7/1/1998.
Codes, 1942, § 7129-82; Laws, 1966, ch. 478, § 2.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › IN GENERAL (§§ 41-41-1 — 41-41-17) › Section 41-41-7 - Implied consent to medical treatment where emergency exists

In addition to any other instances in which a consent is excused or implied at law, a consent to surgical or medical treatment or procedures, suggested, recommended, prescribed or directed by a duly licensed physician, will be implied where an emergency exists if there has been no protest or refusal of consent by a person authorized and empowered to consent or, if so, there has been a subsequent change in the condition of the person affected that is material and morbid, and there is no one immediately available who is authorized, empowered, willing and capacitated to consent. For the purposes hereof, an emergency is defined as a situation wherein, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably jeopardize the life, health or limb of the person affected, or would reasonably result in disfigurement or impairment of faculties.
Codes, 1942, § 7129-83; Laws, 1966, ch. 478, § 3, eff. 5/25/1966.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › IN GENERAL (§§ 41-41-1 — 41-41-17) › Section 41-41-9 - Court may consent to or order medical treatment; allocation of treatment expenses

In addition to all other remedies available at law or in equity, any court having a clerk or any judge thereof may, in either term time or vacation, upon presentation of the written advice or certificate of one or more duly licensed physicians that there is an immediate or imminent necessity for medical or surgical treatment or procedures for an adult of unsound mind or a minor, summarily consent to or order and direct such surgical or medical treatment or procedures for the adult of unsound mind or minor, provided that:
(a)
(i)
The surrogate for such adult of unsound mind or minor has refused or declined to do so and there is no other person known to be immediately available who is so authorized, empowered, willing or capacitated to so consent; or
(ii)
There is no person available to be designated as a surrogate; and
(b)
There has been filed with or there is presented to such court or judge an application for a writ of habeas corpus as to such person, a pleading respecting the custody or care of such person, an application for appointment of a guardian or conservator for such person, a pleading seeking the adjudication of such person as a non compos mentis, drug addict, habitual drunkard or neglected child, or some other instrument or pleading otherwise invoking the aid or jurisdiction of said court or judge or the state, as parens patriae or otherwise, concerning the welfare of such person. Any subsequent dismissal, nonsuit, removal, transfer, overruling or denial of such original application, instrument or pleading, or denial of jurisdiction of the court or judge over the subject matter or necessary parties, shall not retroactively revoke, rescind or invalidate any prior consent.
The reasonable expense of an adult of unsound mind or a minor in thus obtaining such surgical or medical treatment or procedures shall be borne by his estate or any person liable at law for his necessities or, if they are unable to pay, by the county of residence or settlement of the person receiving such surgical or medical care.
Upon request of the attending physician or other interested person, it shall be the duty of any district attorney or county attorney to give his assistance in the presentation of any such medical advice or certificate and in obtaining the consent or order of a judge or court of proper jurisdiction.
Laws, 1999, ch. 425, § 2, eff. 3/18/1999.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › IN GENERAL (§§ 41-41-1 — 41-41-17) › Section 41-41-11 - Waiver of medical privilege

Any person authorized and empowered to consent to surgical or medical treatment or procedures for himself or another may also waive the medical privilege for himself or the other person and consent to the disclosure of medical information and the making and delivery of copies of medical or hospital records. Any such waiver or consent shall survive the death of the person giving the same. No such waiver shall be needed for the cooperation with the furnishing of information to the State Department of Health, its representatives or employees in the discharge of their official duties. However, the State Department of Health shall not reveal the name of a patient with his case history without having first been authorized to do so by the patient, his personal representative, or legal heirs in case there be no personal representative.
Codes, 1942, § 7129-85; Laws, 1966, ch. 478, § 5; Laws, 1968, ch. 441, § 6; Laws, 1988, ch. 557, § 5, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › IN GENERAL (§§ 41-41-1 — 41-41-17) › Section 41-41-13 - Physician or nurse practitioner treating minor for venereal disease need not obtain parental consent

Any physician, duly licensed to practice medicine in the State of Mississippi, or any nurse practitioner, who, in the exercise of due care, renders medical care to a minor for treatment of a venereal disease is under no obligation to obtain the consent of a parent or guardian, as applicable, or to inform such parent or guardian of such treatment.
Codes, 1942, § 8893.7; Laws, 1971, ch. 307, § 1; Laws, 1995, ch. 344, § 4, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › IN GENERAL (§§ 41-41-1 — 41-41-17) › Section 41-41-14 - Physician treating minor for mental or emotional problems resulting from alcohol or drugs need not obtain parental consent

(1)
Any physician or psychologist duly licensed to practice medicine or psychology in the State of Mississippi, who in the exercise of due care consults with or prescribes medication for a minor at least fifteen (15) years of age for mental or emotional problems caused by or related to alcohol or drugs is under no obligation to obtain the consent of the spouse, parent or guardian of said minor, but said minor may consent to such treatment the same as if the minor had reached the age of majority.
(2)
The licensed physician or psychologist may, but shall not be obligated to, inform the spouse, parent or guardian of a minor in the circumstances enumerated as to the treatment given or needed and the information may be given to the spouse, parent or guardian without the consent of the minor patient and over the express refusal of the minor patient.
(3)
The parent, spouse or guardian shall not be financially liable for any such consultation unless and until they have consented to the same.
Laws, 1979, ch. 480, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › IN GENERAL (§§ 41-41-1 — 41-41-17) › Section 41-41-15 - Donations of blood by minors

(1)
The legal disabilities of any minor aged sixteen (16) years or older are removed for purposes of voluntarily donating blood, with or without remuneration therefor, to a licensed hospital, blood bank, community blood program, or other lawful activity engaged in processing and supplying human blood for transfusions and/or related medical purposes, as provided in this section.
(2)
Any person who is sixteen (16) years of age or older may consent to the donation of his or her blood and to the penetration of such tissue necessary to accomplish the donation, if the person obtains written permission from the person's parent or guardian. The consent shall not be subject to deferments because of the minority of the person.
(3)
Any person who is seventeen (17) years of age or older may consent to the donation of his or her blood and to the penetration of such tissue necessary to accomplish the donation. The consent shall not be subject to deferments because of the minority of the person, and parental authorization shall not be required to authorize the donation and penetration of tissue.
Codes, 1942, §§ 278.3-11, 278.3-12; Laws, 1972, ch. 333, § 1; ch. 362, § 1; Laws, 1976, ch. 386; Laws, 2009, ch. 551, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › IN GENERAL (§§ 41-41-1 — 41-41-17) › Section 41-41-16 - Health-care providers conducting tests for infectious diseases without consent of patient

A hospital or physician, and employees of such hospital or physician, may conduct an acquired immune deficiency syndrome (AIDS)/human immunodeficiency virus (HIV) antibody test or appropriate tests for any other infectious diseases without specific consent for such tests if the hospital or physician determines that the test is necessary for diagnostic purposes to provide appropriate care or treatment to the person to be tested, or in order to protect the health and safety of other patients or persons providing care and treatment to the person to be tested. The person who is to be tested shall be informed of the nature of the test which is to be conducted.
Laws, 1991, ch. 455, § 1, eff. 3/29/1991.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › IN GENERAL (§§ 41-41-1 — 41-41-17) › Section 41-41-17 - Authorized consent to participate in research conducted in accordance with federal law

(1)
Any adult, as defined in Section
41-41-203(a)
, Mississippi Code of 1972, or emancipated minor, as defined in Section
41-41-203(e)
, Mississippi Code of 1972, may consent to participate as a subject in research if that research is conducted in accordance with federal law (Title 45 CFR Part 46 : Protection of Human Subjects).
(2)
Unemancipated minors may participate as subjects in research, if that research is conducted in accordance with federal law (Title 45 CFR Part 46 : Protection of Human Subjects).
Laws, 2004, ch. 339, § 1, eff. 7/1/2004.
Amended by Laws, 2018, ch. 317, SB 2047,§ 1, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PERFORMANCE OF ABORTION; CONSENT (§§ 41-41-31 — 41-41-45) › Section 41-41-31 - Definitions

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.
Laws, 1991, ch. 439, § 1, eff. 7/1/1991 (Governor's veto overridden by the Legislature on 3/28/1991).
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PERFORMANCE OF ABORTION; CONSENT (§§ 41-41-31 — 41-41-45) › Section 41-41-34 - Performance of fetal ultrasound imaging and auscultation of fetal heart tone services required before abortion; patient to be offered opportunity to view ultrasound image and hear heartbeat; patient to sign certification form acknowledging being given that opportunity; physician to retain copy of signed certification form

(1)
Before the performance of an abortion, as defined in Section
41-41-45
, the physician who is to perform the abortion, or a qualified person assisting the physician, shall:
(a)
Perform fetal ultrasound imaging and auscultation of fetal heart tone services on the patient undergoing the abortion;
(b)
Offer to provide the patient with an opportunity to view the active ultrasound image of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible;
(c)
Offer to provide the patient with a physical picture of the ultrasound image of the unborn child;
(d)
Obtain the patient's signature on a certification form stating that the patient has been given the opportunity to view the active ultrasound image and hear the heartbeat of the unborn child if the heartbeat is audible, and that she has been offered a physical picture of the ultrasound image; and
(e)
Retain a copy of the signed certification form in the patient's medical record.
(2)
The State Department of Health shall enforce the requirements of this section.
(3)
An ultrasound 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.
Laws, 2007, ch. 441, § 3, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PERFORMANCE OF ABORTION; CONSENT (§§ 41-41-31 — 41-41-45) › Section 41-41-35 - Duties of State Department of Health; printed materials

(1)
The State Department of Health shall cause to be published in English within sixty (60) days after July 1, 1991, the following easily comprehensible printed materials:
(a)
Geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer and a description of the manner, including telephone numbers, in which they might be contacted, or, at the option of the Department of Health, printed materials including a toll-free, twenty-four-hour-a-day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer.
(b)
Materials designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a woman can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival. The materials shall include color pictures representing the development of the child at two-week gestational increments. These pictures must contain the dimensions of the unborn child and must be realistic. The materials shall be objective, nonjudgmental and designed to convey only accurate scientific information about the unborn child at the various gestational ages.
(c)
Materials that include the information described in subparagraphs (ii) and (iv) of paragraph (1)(a) of Section
41-41-33
and in subparagraphs (i), (ii) and (iii) of paragraph (1)(b) of Section
41-41-33
.
(d)
Materials designed to inform the woman of pregnancy prevention methods for females and males, which materials shall describe each method in detail and include pictures or diagrams that illustrate the proper usage of each method.
(2)
The materials shall be printed in a typeface large enough to be clearly legible.
(3)
The materials required under this section shall be available at no cost from the Department of Health upon request and in appropriate number to any person, facility or hospital.
(4)
The Department of Health shall review the printed materials required by subsection (1) of this section on an annual basis in order to determine if any changes are needed to be made to the contents of the materials, and shall promulgate any rules and regulations necessary for considering and making such changes.
Laws, 1991, ch. 439, § 3, eff. 7/1/1991 (Governor's veto overridden by the Legislature on 3/28/1991); Laws, 1996, ch. 442, § 2, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PERFORMANCE OF ABORTION; CONSENT (§§ 41-41-31 — 41-41-45) › Section 41-41-37 - Physician to inform woman of medical emergency

When a medical emergency compels the performance or induction of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting his judgment that an abortion is necessary to avert her death or for which a twenty-four-hour delay will create grave peril of immediate and irreversible loss of major bodily function.
Laws, 1991, ch. 439, § 4, eff. 7/1/1991 (Governor's veto overridden by the Legislature on 3/28/1991).
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PERFORMANCE OF ABORTION; CONSENT (§§ 41-41-31 — 41-41-45) › Section 41-41-39 - Violation of provisions as misdemeanor

Anyone who purposefully, knowingly or recklessly performs or attempts to perform or induce an abortion without complying with Sections
41-41-31
through
41-41-37
shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of One Thousand Dollars ($1,000.00), by imprisonment in the county jail for a period of time not to exceed six (6) months or both such fine and imprisonment.
Laws, 1991, ch. 439, § 5, eff. 7/1/1991 (Governor's veto overridden by the Legislature on 3/28/1991).
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PERFORMANCE OF ABORTION; CONSENT (§§ 41-41-31 — 41-41-45) › Section 41-41-45 - Abortion prohibited; exceptions

(1)
As used in this section, the term "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.
(2)
No abortion shall be performed or induced in the State of Mississippi, except in the case where necessary for the preservation of the mother's life or where the pregnancy was caused by rape.
(3)
For the purposes of this section, rape shall be an exception to the prohibition for an abortion only if a formal charge of rape has been filed with an appropriate law enforcement official.
(4)
Any person, except the pregnant woman, who purposefully, knowingly or recklessly performs or attempts to perform or induce an abortion in the State of Mississippi, except in the case where necessary for the preservation of the mother's life or where the pregnancy was caused by rape, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than ten (10) years.
Laws, 2007, ch. 441, § 2, eff. 7/7/2022.
Certification Date
: On June 27, 2022, the Attorney General of Mississippi issued her determination: (1) that the United States Supreme Court has overruled the decision of Roe v. Wade, and (2) that it is reasonably probable that Mississippi’s trigger law would be upheld by the Court as constitutional.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PERFORMANCE OF ABORTIONS UPON MINORS; CONSENT (§§ 41-41-51 — 41-41-63) › Section 41-41-51 - Definitions

For purposes of Sections
41-41-51
through
41-41-63
, the following definitions shall apply:
(a)
"Minor" means any person under the age of eighteen (18) years;
(b)
"Emancipated minor" means any minor who is or has been married or has by court order or otherwise been freed from the care, custody and control of her parents;
(c)
"Abortion" means the use of any instrument, medicine, drug or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant, with intent 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.
Laws, 1986, ch. 448, § 1, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PERFORMANCE OF ABORTIONS UPON MINORS; CONSENT (§§ 41-41-51 — 41-41-63) › Section 41-41-53 - Requirement of written consent; petition for waiver

(1)
Except as otherwise provided in subsections (2) and (3) of this section, no person shall perform an abortion upon an unemancipated minor unless he or his agent first obtains the written consent of both parents or the legal guardian of the minor.
(2)
(a)
If the minor's parents are divorced or otherwise unmarried and living separate and apart, then the written consent of the parent with primary custody, care and control of such minor shall be sufficient.
(b)
If the minor's parents are married and one (1) parent is not available to the person performing the abortion in a reasonable time and manner, then the written consent of the parent who is available shall be sufficient.
(c)
If the minor's pregnancy was caused by sexual intercourse with the minor's natural father, adoptive father or stepfather, then the written consent of the minor's mother shall be sufficient.
(3)
A minor who elects not to seek or does not obtain consent from her parents or legal guardian under this section may petition, on her own behalf or by next friend, the chancery court in the county in which the minor resides or in the county in which the abortion is to be performed for a waiver of the consent requirement of this section pursuant to the procedures of Section
41-41-55
.
Laws, 1986, ch. 448, § 2, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PERFORMANCE OF ABORTIONS UPON MINORS; CONSENT (§§ 41-41-51 — 41-41-63) › Section 41-41-55 - Applicability of provisions; court proceedings; standards for waiver of consent requirement

(1)
The requirements and procedures under Sections
41-41-51
through
41-41-63
shall apply and are available to minors whether or not they are residents of this state.
(2)
The minor may participate in proceedings in the court on her own behalf. The court shall advise her that she has a right to court-appointed counsel and shall provide her with such counsel upon her request or if she is not already adequately represented.
(3)
Court proceedings under this section shall be confidential and anonymous and shall be given such precedence over other pending matters as is necessary to insure that the court may reach a decision promptly, but in no case shall the court fail to rule within seventy-two (72) hours of the time the application is filed. If for any reason the court fails to rule within seventy-two (72) hours of the time the application is filed, the minor may proceed as if the consent requirement of Section
41-41-53
has been waived.
(4)
Consent shall be waived if the court finds by clear and convincing evidence either:
(a)
That the minor is mature and well-informed enough to make the abortion decision on her own; or
(b)
That performance of the abortion would be in the best interests of the minor.
(5)
A court that conducts proceedings under this section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a confidential record of the evidence be maintained.
(6)
An expedited confidential and anonymous appeal shall be available to any minor to whom the court denies a waiver of consent. The Mississippi Supreme Court shall issue promptly such rules and regulations as are necessary to insure that proceedings under Sections
41-41-51
through
41-41-63
are handled in an expeditious, confidential and anonymous manner.
(7)
No filing fees shall be required of any minor who avails herself of the procedures provided by this section.
Laws, 1986, ch. 448, § 3; Laws, 2007, ch. 441, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PERFORMANCE OF ABORTIONS UPON MINORS; CONSENT (§§ 41-41-51 — 41-41-63) › Section 41-41-57 - Exception for medical emergency

Sections
41-41-51
through
41-41-63
shall not apply when, in the best clinical judgment of the physician on the facts of the case before him, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion. A physician who does not comply with Sections
41-41-53
and
41-41-55
by reason of this exception shall state in the medical record of the abortion the medical indications on which his judgment was based.
Laws, 1986, ch. 448, § 4, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PERFORMANCE OF ABORTIONS UPON MINORS; CONSENT (§§ 41-41-51 — 41-41-63) › Section 41-41-59 - Violation of provisions as prima facie evidence of physician's unprofessional conduct

If a physician performs an abortion in violation of the provisions of Sections
41-41-51
through
41-41-63
or fails to conform to any requirement of Sections
41-41-51
through
41-41-63
, then his action shall be prima facie evidence of unprofessional conduct, subjecting him to action by the State Board of Medical Licensure.
Laws, 1986, ch. 448, § 5, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PERFORMANCE OF ABORTIONS UPON MINORS; CONSENT (§§ 41-41-51 — 41-41-63) › Section 41-41-61 - Confidentiality of records and information; penalty for disclosure

(1)
Records and information involving court proceedings conducted pursuant to Section
41-41-55
shall be confidential and shall not be disclosed other than to the minor, her attorney and necessary court personnel. Nothing in this subsection shall prohibit the keeping of statistical records and information as long as the anonymity of the minor is in no way compromised.
(2)
Any person who shall disclose any records or information made confidential pursuant to subsection (1) of this section shall be guilty of a misdemeanor and upon conviction punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail for not more than one (1) year, or both.
Laws, 1986, ch. 448, § 6, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PERFORMANCE OF ABORTIONS UPON MINORS; CONSENT (§§ 41-41-51 — 41-41-63) › Section 41-41-63 - Severability of provisions

If any provision, word, phrase or clause of Sections
41-41-51
through
41-41-63
or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions, words, phrases, clauses or application of Sections
41-41-51
through
41-41-63
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 Sections
41-41-51
through
41-41-63
are declared to be severable.
Laws, 1986, ch. 448, § 7, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PARTIAL-BIRTH ABORTION BAN ACT (§§ 41-41-71 — 41-41-73) › Section 41-41-71 - Short title

Sections
41-41-71
through
41-41-73
may be cited as the Partial-Birth Abortion Ban Act.
Laws, 1997, ch. 350, § 1, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › PARTIAL-BIRTH ABORTION BAN ACT (§§ 41-41-71 — 41-41-73) › Section 41-41-73 - Partial-birth abortions prohibited; penalties for violations

(1)
Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Twenty-five Thousand Dollars ($25,000.00) or imprisoned in the State Penitentiary for not more than two (2) years, or both. This subsection shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury if no other medical procedure would suffice for that purpose.
(2)
(a)
As used in this section, "partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.
(b)
As used in this section, "physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State of Mississippi. However, any individual who is not a physician but who nevertheless directly performs a partial-birth abortion shall be subject to the provisions of this section.
(3)
(a)
The husband of a mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of eighteen (18) years at the time of the abortion, the mother's parents may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.
(b)
Such relief shall include:
(i)
Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and
(ii)
Statutory damages equal to three (3) times the cost of the partial-birth abortion.
(4)
A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for a conspiracy to violate this section.
Laws, 1997, ch. 350, § 2, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › ABORTION COMPLICATION REPORTING ACT (§§ 41-41-75 — 41-41-80) › Section 41-41-75 - Short Title

Sections
41-41-75
through
41-41-80
shall be known and may be cited as the Abortion Complication Reporting Act.
Laws, 2004, ch. 499, § 1, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › ABORTION COMPLICATION REPORTING ACT (§§ 41-41-75 — 41-41-80) › Section 41-41-76 - Definitions

As used in Sections
41-41-75
through
41-41-80
:
(a)
"Abortion" has the meaning as defined in Section
41-41-31
.
(b)
"Medical treatment" means, but is not limited to, hospitalization, laboratory tests, surgery or prescription of drugs.
(c)
"Department" means the State Department of Health.
Laws, 2004, ch. 499, § 2, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › ABORTION COMPLICATION REPORTING ACT (§§ 41-41-75 — 41-41-80) › Section 41-41-77 - Physicians to file regular reports to state on patients treated or dying in abortion procedures; confidentiality; sanctions for breach of confidentiality

(1)
A physician shall file a written report with the State Department of Health regarding each patient who comes under the physician's professional care and requires medical treatment or suffers death that the attending physician has a reasonable basis to believe is a primary, secondary, or tertiary result of an induced abortion.
(2)
These reports shall be submitted within thirty (30) days of the discharge or death of the patient treated for the complication.
(3)
The department shall summarize aggregate data from the reports required under this section for purposes of inclusion into the annual Vital Statistics Report.
(4)
The department shall develop and distribute or make available online in a downloadable format a standardized form for the report required under this section.
(5)
The department shall communicate this reporting requirement to all medical professional organizations, licensed physicians, hospitals, emergency rooms, abortion facilities, Department of Health clinics and ambulatory surgical facilities operating in the state.
(6)
The department shall destroy each individual report required by this section and each copy of the report after retaining the report for five (5) years after the date the report is received.
(7)
The report required under this section shall not contain the name of the woman, common identifiers such as her social security number or motor vehicle operator's license number or other information or identifiers that would make it possible to identify in any manner or under any circumstances an individual who has obtained or seeks to obtain an abortion. A state agency shall not compare data in an electronic or other information system file with data in another electronic or other information system that would result in identifying in any manner or under any circumstances an individual obtaining or seeking to obtain an abortion. Statistical information that may reveal the identity of a woman obtaining or seeking to obtain an abortion shall not be maintained.
(8)
The department or an employee of the department shall not disclose to a person or entity outside the department the reports or the contents of the reports required under this section in a manner or fashion as to permit the person or entity to whom the report is disclosed to identify in any way the person who is the subject of the report.
(9)
Disclosure of confidential identifying information in violation of this section shall constitute a felony which, upon conviction, shall be punished by imprisonment in the State Penitentiary for not more than three (3) years, or a fine of not more than Five Thousand Dollars ($5,000.00), or both.
Laws, 2004, ch. 499, § 3, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › ABORTION COMPLICATION REPORTING ACT (§§ 41-41-75 — 41-41-80) › Section 41-41-78 - Content of reports

(1)
Each report of medical treatment following abortion required under Section
41-41-77
shall contain the following information:
(a)
The age and race of the patient;
(b)
The characteristics of the patient, including residency status, county of residence, marital status, education, number of previous pregnancies, number of stillbirths, number of living children and number of previous abortions;
(c)
The date the abortion was performed and the method used if known;
(d)
The type of facility where the abortion was performed;
(e)
The condition of the patient that led to treatment, including, but not limited to, pelvic infection, hemorrhage, damage to pelvic organs, renal failure, metabolic disorder, shock, embolism, coma or death.
(f)
The amount billed to cover the treatment of the complication, including whether the treatment was billed to Medicaid, insurance, private pay or other method. This should include charges for physician, hospital, emergency room, prescription or other drugs, laboratory tests and any other costs for the treatment rendered.
(g)
The charges are to be coded with IDC-9 classification numbers in such a way as to distinguish treatment following induced abortions from treatments following ectopic or molar pregnancies.
(2)
Nothing in Sections
41-41-75
through
41-41-80
shall be construed as an instruction to discontinue collecting data currently being collected.
Laws, 2004, ch. 499, § 4, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › ABORTION COMPLICATION REPORTING ACT (§§ 41-41-75 — 41-41-80) › Section 41-41-79 - Liability

Willful violation of the provisions of Sections
41-41-75
through
41-41-80
shall constitute a misdemeanor and shall be punishable as provided for by law, except that disclosure of confidential identifying information shall constitute a felony as provided in subsection (9) of Section
41-41-77
. No physician or hospital, its officers, employees or medical and nursing personnel practicing in the hospital shall be civilly liable for violation of the provisions of Sections
41-41-75
through
41-41-80
, except to the extent of liability for actual damages in a civil action for willful or reckless and wanton acts or omissions constituting that violation. However, that liability shall be subject to any immunities or limitations of liability or damages provided by law.
Laws, 2004, ch. 499, § 5, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 41 - SURGICAL OR MEDICAL PROCEDURES; CONSENTS (§§ 41-41-1 — 41-41-NEW-008) › ABORTION COMPLICATION REPORTING ACT (§§ 41-41-75 — 41-41-80) › Section 41-41-80 - Severability

The provisions of Sections
41-41-75
through
41-41-80
are declared to be severable, and if any provision, word, phrase, or clause of Sections
41-41-75
through
41-41-80
or the application thereof to any person is held invalid, the invalidity shall not affect the validity of the remaining portions of Sections
41-41-75
through
41-41-80
.
Laws, 2004, ch. 499, § 6, eff. 7/1/2004.