Bill Text: MS SB2795 | 2013 | Regular Session | Engrossed
Bill Title: Women's Health Defense Act of 2013; create.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2013-04-25 - Approved by Governor [SB2795 Detail]
Download: Mississippi-2013-SB2795-Engrossed.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Public Health and Welfare
By: Senator(s) Hill, Gandy, Hudson, Smith, McDaniel
Senate Bill 2795
(As Passed the Senate)
AN ACT TO CREATE THE WOMEN'S HEALTH DEFENSE ACT OF 2013; TO MAKE IT UNLAWFUL TO KNOWINGLY PROVIDE OR PRESCRIBE ANY ABORTION-INDUCING DRUG TO A PREGNANT WOMAN FOR THE PURPOSE OF INDUCING AN ABORTION IN THAT PREGNANT WOMAN UNLESS THE PERSON WHO PROVIDES OR PRESCRIBES THE ABORTION-INDUCING DRUG IS A PHYSICIAN, AND THE PROVISION OR PRESCRIPTION OF THE ABORTION-INDUCING DRUG SATISFIES THE STANDARD OF MEDICAL CARE; TO REQUIRE THE PHYSICIAN PROVIDING OR PRESCRIBING ANY ABORTION-INDUCING DRUG TO SCHEDULE A FOLLOW-UP VISIT FOR THE WOMAN AT APPROXIMATELY 14 DAYS AFTER ADMINISTRATION OF THE ABORTION-INDUCING DRUG; TO REQUIRE PHYSICIANS WHO PROVIDE AN ABORTION-INDUCING DRUG TO ANOTHER FOR THE PURPOSE OF INDUCING AN ABORTION TO REPORT THOSE ACTIONS TO THE STATE DEPARTMENT OF HEALTH, AND TO REPORT ADVERSE EVENTS FROM THE USE OF THE ABORTION-INDUCING DRUG TO THE FDA; TO PROVIDE THAT A PERSON WHO INTENTIONALLY, KNOWINGLY OR RECKLESSLY VIOLATES ANY PROVISION OF THIS ACT IS GUILTY OF A MISDEMEANOR; TO PROVIDE THAT FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ACT SHALL PROVIDE A BASIS FOR A CIVIL MALPRACTICE ACTION FOR ACTUAL AND PUNITIVE DAMAGES, AND PROVIDE A BASIS FOR RECOVERY FOR THE WOMAN'S SURVIVORS FOR THE WRONGFUL DEATH OF THE WOMAN; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act may be known and cited as the "Women's Health Defense Act of 2013."
SECTION 2. As used in this act, the following terms shall have the meanings ascribed herein unless the context indicates otherwise:
(a) "Abortion-inducing drug" means a medicine, drug or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman.
(b) "Abortion" means the act of using or prescribing any instrument, medicine, drug or any other substance, device or means with the intent to terminate the clinically diagnosable pregnancy of a woman. That use, prescription or means is not an abortion if done with the intent to:
(i) Save the life or preserve the health of the mother or the unborn child;
(ii) Remove an unborn child caused by spontaneous abortion;
(iii) Remove an ectopic pregnancy; or
(iv) Treat a maternal disease or illness for which the prescribed drug is indicated.
(c) "Department" means the State Department of Health.
(d) "Pregnancy" means that a fertilized egg is attached to the mother's uterus.
(e) "Physician" means any medical doctor (M.D.) or osteopathic doctor (O.D.) licensed to practice medicine in this state.
(f) "Licensed medical provider" means any person licensed to provide health care or prescribe, dispense or administer prescription medications in this state. This includes, but is not limited to, physicians, advanced practice registered nurses, physician assistants, dentists and pharmacists.
SECTION 3. (1) It shall be unlawful to knowingly give, sell, dispense, administer or otherwise provide or prescribe any abortion-inducing drug to a pregnant woman for the purpose of inducing an abortion in that pregnant woman, or enabling another person to induce an abortion in a pregnant woman, unless the person who gives, sells, dispenses, administers or otherwise provides or prescribes the abortion-inducing drug is a physician, and the provision or prescription and administration of the abortion-inducing drug satisfies the standard of care.
(2) Every pregnant woman to whom a physician gives, sells, dispenses, administers or otherwise provides or prescribes any abortion-inducing drug shall be provided with a copy of the drug's label.
(3) If the physician giving, selling, dispensing, administering or otherwise providing or prescribing the abortion-inducing drug is unable to provide follow-up care, the physician must have a signed contract with a physician who agrees to provide follow-up care and produce that signed contract if requested by the patient or by the department. The contract shall include the name and contact information of the follow-up physician. The contract follow-up physician must have active hospital admitting privileges and gynecological/surgical privileges.
(4) The physician giving, selling, dispensing, administering or otherwise providing or prescribing any abortion-inducing drug, or an agent of the physician, must schedule a follow-up visit for the woman at approximately fourteen (14) days after administration of the abortion-inducing drug.
SECTION 4. (1) If a physician provides an abortion-inducing drug to another for the purpose of inducing an abortion as authorized in Section 3 of this act:
(a) The physician shall report that action to the department; and
(b) If the physician becomes aware that the woman who uses the abortion-inducing drug for the purpose of inducing an abortion experiences, during or after the use, a serious adverse event, the physician shall provide a written report of the serious event to the FDA via the Medwatch Reporting System.
(2) For the purposes of this section, "serious adverse event" shall be defined as an event that can cause disability, are life-threatening, result in hospitalization or death, or are birth defects.
SECTION 5. Any person who intentionally, knowingly or recklessly violates any provision of this act is guilty of a misdemeanor.
SECTION 6. All remedies under the statutory laws of this state may be available if there is failure to comply with the requirements of this act.
SECTION 7. This act shall take effect and be in force from and after July 1, 2013, and shall stand repealed from and after June 30, 2013.
