Bill Text: MS HB1467 | 2012 | Regular Session | Introduced

Mississippi House Bill 1467 (Prior Session Legislation)

Introduced

Bill Title: Abortion; revise parental consent provisions for performing abortions on minors.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2012-03-06 - Died In Committee [HB1467 Detail]

Download: Mississippi-2012-HB1467-Introduced.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Public Health and Human Services

By: Representative Mims

House Bill 1467

AN ACT TO AMEND SECTION 41-41-53, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE PARENTAL CONSENT NEEDED FOR A MINOR TO HAVE AN ABORTION MUST BE NOTARIZED; TO REQUIRE THE PHYSICIAN WHO IS TO PERFORM THE ABORTION TO KEEP THE NOTARIZED WRITTEN CONSENT IN THE MEDICAL FILE OF THE MINOR FOR A MINIMUM PERIOD OF TIME; TO CREATE NEW SECTION 41-41-54, MISSISSIPPI CODE OF 1972, TO REQUIRED MONTHLY REPORTS TO BE MADE TO THE STATE DEPARTMENT OF HEALTH INDICATING THE NUMBER OF CONSENTS OBTAINED, THE NUMBER OF TIMES IN WHICH EXCEPTIONS WERE MADE TO THE CONSENT REQUIREMENT, THE TYPE OF EXCEPTION, THE MINOR�S AGE, AND THE NUMBER OF PRIOR PREGNANCIES AND PRIOR ABORTIONS OF THE MINOR; TO BRING FORWARD SECTIONS 41-41-51 AND 41-41-55 THROUGH 41-41-61, MISSISSIPPI CODE OF 1972, RELATING TO REQUIRED PROCEDURES FOR PERFORMING ABORTIONS ON MINORS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-41-53, Mississippi Code of 1972, is amended as follows:

41-41-53. (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 notarized 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 notarized written consent of the parent with primary custody, care and control of the 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 notarized 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 notarized 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 under the procedures of Section 41-41-55.

(4) The physician who is to perform the abortion shall keep the notarized written consent of the parent, parents or legal guardian in the medical file of the minor for five (5) years after the minor reaches the age of majority, but in no event less than seven (7) years.

SECTION 2. The following shall be codified as Section 41-41-54, Mississippi Code of 1972:

41-41-54. A monthly report indicating the number of consents obtained under Section 41-41-53, the number of times in which exceptions were made to the consent requirement under Sections 41-41-51 through 41-41-63, the type of exception, the minor�s age, and the number of prior pregnancies and prior abortions of the minor shall be filed with the State Department of Health on forms prescribed by the department. No patient names are to be used on the forms. A compilation of the data reported shall be made by the department on an annual basis and shall be available to the public.

SECTION 3. Section 41-41-51, Mississippi Code of 1972, is brought forward as follows:

41-41-51. 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.

SECTION 4. Section 41-41-55, Mississippi Code of 1972, is brought forward as follows:

41-41-55. (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.

SECTION 5. Section 41-41-57, Mississippi Code of 1972, is brought forward as follows:

41-41-57. 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.

SECTION 6. Section 41-41-59, Mississippi Code of 1972, is brought forward as follows:

41-41-59. 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.

SECTION 7. Section 41-41-61, Mississippi Code of 1972, is brought forward as follows:

41-41-61. (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.

SECTION 8. This act shall take effect and be in force from and after July 1, 2012.