Bill Text: MS SB2807 | 2014 | Regular Session | Introduced
Bill Title: Abortion; prohibit where unborn human individual's heartbeat is detected and is 12 weeks or greater gestation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [SB2807 Detail]
Download: Mississippi-2014-SB2807-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Health and Welfare
By: Senator(s) Fillingane
Senate Bill 2807
AN ACT TO PROHIBIT A PHYSICIAN FROM PERFORMING AN ABORTION ON A PREGNANT WOMAN WHERE THE UNBORN HUMAN INDIVIDUAL'S HEARTBEAT HAS BEEN DETECTED AND THE UNBORN HUMAN INDIVIDUAL IS TWELVE WEEKS OR GREATER GESTATION AND TO PROVIDE THAT A VIOLATION OF THIS PROHIBITION SHALL RESULT IN THE REVOCATION OF THE MEDICAL LICENSE OF THE PHYSICIAN; TO AMEND SECTION 73-25-29, MISSISSIPPI CODE OF 1972, INCONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Prohibitions. A person authorized to perform an abortion, as defined in Section 41-41-45, under Mississippi law shall not perform an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human individual whose heartbeat has been detected under Section 41-41-34 and is twelve (12) weeks or greater gestation.
(2) A violation of this section as determined by the Mississippi Board of Medical Licensure shall result in the revocation of the medical license of the person authorized to perform abortions under Mississippi law, as provided in Section 73-25-29.
(3) Exemptions. (a) A person does not violate this section if the person:
(i) Performs a medical procedure designed to or intended to prevent the death of a pregnant woman or in reasonable medical judgment to preserve the life of the pregnant woman; or
(ii) Has undertaken an examination for the presence of a heartbeat in the fetus utilizing standard medical practice; and
(iii) The examination does not reveal a heartbeat; or
(iv) Has been informed by a medical professional who has undertaken the examination for fetal heartbeat that the examination did not reveal a fetal heartbeat.
(b) This section does not apply to:
(i) An abortion performed to save the life of the mother;
(ii) A pregnancy that results from rape or incest; or
(iii) A "Medical emergency" means a condition in which an abortion is necessary:
1. To preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; or
2. Due to the existence of a highly lethal fetal disorder as defined by the Mississippi Board of Medical Licensure.
(4) Interpretation. This section does not:
(a) Subject a pregnant female on whom an abortion is performed or attempted to be performed to any criminal prosecution or civil penalty; or
(b) Prohibit the sale, use, prescription, or administration of a measure, drug, or chemical designed for contraceptive purposes.
(5) Tolling of effective date. If a state or federal court of competent jurisdiction voids a provision of this section as unconstitutional, the effective date of that provision shall be tolled until that provision has been upheld as valid by a court of competent jurisdiction.
SECTION 2. Section 73-25-29, Mississippi Code of 1972, is amended as follows:
73-25-29. The grounds for the nonissuance, suspension, revocation or restriction of a license or the denial of reinstatement or renewal of a license are:
(1) Habitual personal use of narcotic drugs, or any other drug having addiction-forming or addiction-sustaining liability.
(2) Habitual use of intoxicating liquors, or any beverage, to an extent which affects professional competency.
(3) Administering, dispensing or prescribing any narcotic drug, or any other drug having addiction-forming or addiction-sustaining liability otherwise than in the course of legitimate professional practice.
(4) Conviction of violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or any drug considered a controlled substance under state or federal law, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(5) Procuring, or attempting to procure, or aiding in, an abortion that is not medically indicated.
(6) Conviction of a felony or misdemeanor involving moral turpitude, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(7) Obtaining or attempting to obtain a license by fraud or deception.
(8) Unprofessional conduct, which includes, but is not limited to:
(a) Practicing medicine under a false or assumed name or impersonating another practitioner, living or dead.
(b) Knowingly performing any act which in any way assists an unlicensed person to practice medicine.
(c) Making or willfully causing to be made any flamboyant claims concerning the licensee's professional excellence.
(d) Being guilty of any dishonorable or unethical conduct likely to deceive, defraud or harm the public.
(e) Obtaining a fee as personal compensation or gain from a person on fraudulent representation of a disease or injury condition generally considered incurable by competent medical authority in the light of current scientific knowledge and practice can be cured or offering, undertaking, attempting or agreeing to cure or treat the same by a secret method, which he refuses to divulge to the board upon request.
(f) Use of any false, fraudulent or forged statement or document, or the use of any fraudulent, deceitful, dishonest or immoral practice in connection with any of the licensing requirements, including the signing in his professional capacity any certificate that is known to be false at the time he makes or signs such certificate.
(g) Failing to identify a physician's school of practice in all professional uses of his name by use of his earned degree or a description of his school of practice.
(9) The refusal of a licensing authority of another state or jurisdiction to issue or renew a license, permit or certificate to practice medicine in that jurisdiction or the revocation, suspension or other restriction imposed on a license, permit or certificate issued by such licensing authority which prevents or restricts practice in that jurisdiction, a certified copy of the disciplinary order or action taken by the other state or jurisdiction being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(10) Surrender of a license or authorization to practice medicine in another state or jurisdiction or surrender of membership on any medical staff or in any medical or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this section.
(11) Final sanctions imposed by the United States Department of Health and Human Services, Office of Inspector General or any successor federal agency or office, based upon a finding of incompetency, gross misconduct or failure to meet professionally recognized standards of health care; a certified copy of the notice of final sanction being prima facie evidence thereof. As used in this paragraph, the term "final sanction" means the written notice to a physician from the United States Department of Health and Human Services, Officer of Inspector General or any successor federal agency or office, which implements the exclusion.
(12) Failure to furnish the board, its investigators or representatives information legally requested by the board.
(13) Violation of any provision(s) of the Medical Practice Act or the rules and regulations of the board or of any order, stipulation or agreement with the board.
(14) Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners. This paragraph shall stand repealed on July 1, 2016.
(15) Violation(s) of the provisions of Section 1 of this act relating to the performance of an abortion on a pregnant woman where the unborn human individual's heartbeat has been detected under Section 41-41-34 and the unborn human individual is twelve (12) weeks or greater gestation.
In addition to the grounds specified above, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
