Bill Text: MS HB790 | 2012 | Regular Session | Engrossed
Bill Title: Mifepristone abortion; provide for laws regulating.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Failed) 2012-04-03 - Died In Committee [HB790 Detail]
Download: Mississippi-2012-HB790-Engrossed.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary B
By: Representatives Monsour (By Request), Bain, Martinson, Brown (20th), Bennett, Eure, Dixon
House Bill 790
(As Passed the House)
AN ACT TO REGULATE THE USE OF CERTAIN DRUGS USED TO INDUCE AN ABORTION; TO DEFINE CERTAIN TERMS; TO PROVIDE CRIMINAL PENALTIES FOR ABORTIONS PERFORMED IN VIOLATION OF THIS ACT; TO PROVIDE A CIVIL CAUSE OF ACTION FOR VIOLATIONS OF THIS ACT; TO REQUIRE PHYSICIAN REPORTING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, the term:
(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 unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and which causes the premature termination of the pregnancy.
(b) "Attempt to perform or induce an abortion" means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this act.
(c) "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine in the state.
SECTION 2. When RU-486 (mifepristone) or any drug or chemical is used for the purpose of inducing an abortion, the drug or chemical must be administered by or in the same room and in the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug or chemical to the patient. The physician inducing the abortion, or a person acting on behalf of the physician inducing the abortion, shall make all reasonable efforts to ensure that the patient returns twelve (12) to eighteen (18) days after the administration or use of RU-486 (mifepristone) or any drug or chemical for a follow-up visit so that the physician can confirm that the pregnancy has been terminated and assess the patient's medical condition. A brief description of the efforts made to comply with this subsection, including the date, time, and identification by name of the person making such efforts, shall be included in the patient's medical record.
SECTION 3. Any person who knowingly or recklessly performs or attempts to perform an abortion in violation of this act shall be guilty of a felony punishable by a fine of up to Five Thousand Dollars ($5,000.00) or imprisonment in the custody of the Department of Corrections for up to five (5) years, or both. No penalty may be assessed against the female upon whom the abortion is performed or attempted to be performed.
SECTION 4. A cause of action for injunctive relief against any person who has knowingly or recklessly violated this act may be maintained by the woman upon whom an abortion was performed or attempted to be performed in violation of this act by a county attorney with appropriate jurisdiction or by the Attorney General. The injunction shall prevent the abortion provider from performing further abortions in violation of this act in this state.
SECTION 5. If a judgment is rendered in favor of the plaintiff in any action described in Section 4 of this act, the court shall also render judgment for a reasonable attorney fee in favor of the plaintiff against the defendant. If a judgment is rendered in favor of the defendant and the court finds that the plaintiffs suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney fee in favor of the defendant against the plaintiff.
SECTION 6. No pregnant female who obtains or possesses RU-486 (mifepristone) or any drug or chemical for the purpose of inducing an abortion to terminate her own pregnancy shall be subject to any action brought under Section 4 of this act.
SECTION 7. In every civil or criminal proceeding or action brought under this act, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under Section 4 of this act shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
SECTION 8. If any one or more provision, section, subsection, sentence, clause, phrase or word of this act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this act shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.
SECTION 9. (1) If a physician provides an abortion-inducing drug to another for the purpose of inducing an abortion as authorized in Section 4 of this act:
(a) The physician shall report that action to the department; and
(b) If the physician knows that the woman who uses the abortion-inducing drug for the purpose of inducing an abortion experiences, during or after the use, an adverse event, the physician shall provide a written report of the serious event within three (3) days of the event to the FDA via the Medwatch Reporting System and to the State Board of Medical Licensure, which shall compile and retain all reports it receives under this section.
(2) For the purposes of this section, "adverse event" shall be defined according to the FDA criteria given in the Medwatch Reporting System.
SECTION 10. This act shall take effect and be in force from and after July 1, 2012.
