MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Public Health and Human Services

By: Representative Arnold

House Bill 1379

AN ACT TO AMEND SECTION 41-41-31, MISSISSIPPI CODE OF 1972, TO ADD THE DEFINITION OF "AUSCULTATE"; TO AMEND SECTION 41-41-34, MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIREMENTS OF PERFORMING AN ULTRASOUND; TO CLARIFY "VIEWING OF THE ULTRASOUND"; TO REQUIRE A SIMULTANEOUS EXPLANATION OF THE ULTRASOUND DEPICTION; TO REQUIRE A MEDICAL DESCRIPTION OF THE EMBRYO; TO BRING FORWARD SECTION 41-41-37, MISSISSIPPI CODE OF 1972, WHICH REQUIRES A PHYSICIAN TO INFORM THE PATIENT OF A MEDICAL EMERGENCY FOR AN ABORTION OR INDUCED LABOR, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 41-41-39, MISSISSIPPI CODE OF 1972, WHICH PROVIDES PENALTIES FOR FAILURE TO PROVIDE THE REQUIRED INFORMATION, FOR PURPOSES OF AMENDMENT; TO CREATE NEW SECTION 41-75-27, MISSISSIPPI CODE OF 1972, TO PROHIBIT LICENSED ABORTION FACILITIES FROM SELLING STEM CELLS THAT WERE DERIVED FROM A HUMAN EMBRYO OR HUMAN FETUS THAT WAS DESTROYED, DISCARDED OR KNOWINGLY SUBJECTED TO RISK OF INJURY OR DEATH; TO PROVIDE THAT IF AN ABORTION FACILITY IS FOUND TO HAVE VIOLATED THIS SECTION, THE LICENSING AGENCY SHALL REVOKE THE LICENSE OF THE ABORTION FACILITY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 41-41-31, Mississippi Code of 1972, is amended as follows:

     41-41-31.  The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

          (a)  "Abortion" means the use or prescription of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth or to remove a dead fetus.

          (b)  "Auscultate" means to examine by listening for sounds by internal organs of the fetus, specifically for a fetal heartbeat, utilizing an ultrasound transducer or a fetal heart rate monitor.

          ( * * *bc)  "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.

          ( * * *cd)  "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.

          (e)  "Ultrasound" means the use of ultrasonic waves for diagnostic or therapeutic purposes, specifically to monitor a developing fetus.

     SECTION 2.  Section 41-41-34, Mississippi Code of 1972, is amended as follows:

     41-41-34.  (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 while providing a simultaneous explanation of what the ultrasound is depicting, which shall include the presence and location of the unborn child within the uterus and the number of unborn children depicted and also, if the ultrasound image indicates that fetal demise has occurred, inform the patient of that fact;

          (b)  * * * Offer to provide the patient with an opportunity to view Display the active ultrasound image of the unborn child so that the patient may view the images and auscultate the fetal heartbeat so the patient can hear the heartbeat of the unborn child if the heartbeat is audible;

          (c)  * * *Offer to Provide the patient with a medical description of the ultrasound images, which shall include physical picture of the ultrasound image of the unborn child which shall include the dimensions of the embryo or fetus and the presence of external members and internal organs, if present and viewable;

          (d)  Obtain the patient's signature on a certification form stating that the patient has been * * *given the opportunity to view presented with the information required in this subsection, viewed the active ultrasound image, and * * *hear heard the heartbeat of the unborn child if the heartbeat is audible, or declined to do so 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.

     SECTION 3.  Section 41-41-37, Mississippi Code of 1972, is brought forward as follows:

     41-41-37.  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.

     SECTION 4.  Section 41-41-39, Mississippi Code of 1972, is brought forward as follows:

     41-41-39.  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.

     SECTION 5.  The following shall be codified as Section 41-75-27, Mississippi Code of 1972:

     41-75-27.  (1)  No abortion facility licensed under this chapter or any person on behalf of an abortion facility may sell any stem cells that were derived from a human embryo or human fetus that was destroyed, discarded or knowingly subjected to risk of injury or death.  If the licensing agency, after a hearing under Section 41-75-11, determines that a licensee has violated this section, the licensing agency shall revoke the license of the abortion facility.

     (2)  As used in this act, the term "human embryo" means any organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes (sperm or egg) or human diploid cells (cells that have two sets of chromosomes, such as somatic cells).

     SECTION 6.  This act shall take effect and be in force from and after July 1, 2022.