MCA Chapter 41

in effect

Miss. Code Ann. § 41-41-1 Blood banking and transfusion procedures constitute services rather than sales; maximum usable life span of blood.

The procurement, processing, storage, distribution and/or use of whole blood, plasma, blood products and blood derivatives, human tissue, organs or bones for the purpose of injecting, transfusing, transplanting or transferring the same or any of them into the human body for all purposes whatsoever constitutes the rendering of a service by every person participating therein, whether or not any remuneration is paid therefor, and does not constitute a sale. The maximum usable life span or shelf life for human blood preserved in citrate phosphate dextrose shall be governed by federal regulations promulgated and adopted by the Food and Drug Administration.

Miss. Code Ann. § 41-41-3 Consent for surgical or medical treatment or procedures on unemancipated minors.

It is hereby recognized and established that, in addition to such other persons as may be so authorized and empowered, any one (1) of the following persons who is reasonably available, in descending order of priority, is authorized and empowered to consent on behalf of an unemancipated minor, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed or directed by a duly licensed physician: The minor’s guardian or custodian. The minor’s parent. An adult brother or sister of the minor. The minor’s grandparent. If none of the individuals eligible to act under subsection (1) is reasonably available, an adult who has exhibited special care and concern for the minor and who is reasonably available may act; the adult shall communicate the assumption of authority as promptly as practicable to the individuals specified in subsection (1) who can be readily contacted. Any female, regardless of age or marital status, is empowered to give consent for herself in connection with pregnancy or childbirth.

Miss. Code Ann. § 41-41-5 Repealed.

Repealed by Laws, 1998, ch. 542, § 18, eff from and after July 1, 1998. [Codes, 1942, § 7129-82; Laws, 1966, ch. 478, § 2]

Miss. Code Ann. § 41-41-7 Implied consent to medical treatment where emergency exists.

In addition to any other instances in which a consent is excused or implied at law, a consent to surgical or medical treatment or procedures, suggested, recommended, prescribed or directed by a duly licensed physician, will be implied where an emergency exists if there has been no protest or refusal of consent by a person authorized and empowered to consent or, if so, there has been a subsequent change in the condition of the person affected that is material and morbid, and there is no one immediately available who is authorized, empowered, willing and capacitated to consent. For the purposes hereof, an emergency is defined as a situation wherein, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably jeopardize the life, health or limb of the person affected, or would reasonably result in disfigurement or impairment of faculties.

Miss. Code Ann. § 41-41-9 Court may consent to or order medical treatment; allocation of treatment expenses.

In addition to all other remedies available at law or in equity, any court having a clerk or any judge thereof may, in either term time or vacation, upon presentation of the written advice or certificate of one or more duly licensed physicians that there is an immediate or imminent necessity for medical or surgical treatment or procedures for an adult of unsound mind or a minor, summarily consent to or order and direct such surgical or medical treatment or procedures for the adult of unsound mind or minor, provided that: (i) The surrogate for such adult of unsound mind or minor has refused or declined to do so and there is no other person known to be immediately available who is so authorized, empowered, willing or capacitated to so consent; or There is no person available to be designated as a surrogate; and There has been filed with or there is presented to such court or judge an application for a writ of habeas corpus as to such person, a pleading respecting the custody or care of such person, an application for appointment of a guardian or conservator for such person, a pleading seeking the adjudication of such person as a non compos mentis, drug addict, habitual drunkard or neglected child, or some other instrument or pleading otherwise invoking the aid or jurisdiction of said court or judge or the state, as parens patriae or otherwise, concerning the welfare of such person. Any subsequent dismissal, nonsuit, removal, transfer, overruling or denial of such original application, instrument or pleading, or denial of jurisdiction of the court or judge over the subject matter or necessary parties, shall not retroactively revoke, rescind or invalidate any prior consent. The reasonable expense of an adult of unsound mind or a minor in thus obtaining such surgical or medical treatment or procedures shall be borne by his estate or any person liable at law for his necessities or, if they are unable to pay, by the county of residence or settlement of the person receiving such surgical or medical care. Upon request of the attending physician or other interested person, it shall be the duty of any district attorney or county attorney to give his assistance in the presentation of any such medical advice or certificate and in obtaining the consent or order of a judge or court of proper jurisdiction.

Miss. Code Ann. § 41-41-11 Waiver of medical privilege.

Any person authorized and empowered to consent to surgical or medical treatment or procedures for himself or another may also waive the medical privilege for himself or the other person and consent to the disclosure of medical information and the making and delivery of copies of medical or hospital records. Any such waiver or consent shall survive the death of the person giving the same. No such waiver shall be needed for the cooperation with the furnishing of information to the State Department of Health, its representatives or employees in the discharge of their official duties. However, the State Department of Health shall not reveal the name of a patient with his case history without having first been authorized to do so by the patient, his personal representative, or legal heirs in case there be no personal representative.

Miss. Code Ann. § 41-41-13 Physician or nurse practitioner treating minor for venereal disease need not obtain parental consent.

Any physician, duly licensed to practice medicine in the State of Mississippi, or any nurse practitioner, who, in the exercise of due care, renders medical care to a minor for treatment of a venereal disease is under no obligation to obtain the consent of a parent or guardian, as applicable, or to inform such parent or guardian of such treatment.

Miss. Code Ann. § 41-41-14 Physician treating minor for mental or emotional problems resulting from alcohol or drugs need not obtain parental consent.

Any physician or psychologist duly licensed to practice medicine or psychology in the State of Mississippi, who in the exercise of due care consults with or prescribes medication for a minor at least fifteen (15) years of age for mental or emotional problems caused by or related to alcohol or drugs is under no obligation to obtain the consent of the spouse, parent or guardian of said minor, but said minor may consent to such treatment the same as if the minor had reached the age of majority. The licensed physician or psychologist may, but shall not be obligated to, inform the spouse, parent or guardian of a minor in the circumstances enumerated as to the treatment given or needed and the information may be given to the spouse, parent or guardian without the consent of the minor patient and over the express refusal of the minor patient. The parent, spouse or guardian shall not be financially liable for any such consultation unless and until they have consented to the same.

Miss. Code Ann. § 41-41-15 Donations of blood by minors.

The legal disabilities of any minor aged sixteen (16) years or older are removed for purposes of voluntarily donating blood, with or without remuneration therefor, to a licensed hospital, blood bank, community blood program, or other lawful activity engaged in processing and supplying human blood for transfusions and/or related medical purposes, as provided in this section. Any person who is sixteen (16) years of age or older may consent to the donation of his or her blood and to the penetration of such tissue necessary to accomplish the donation, if the person obtains written permission from the person’s parent or guardian. The consent shall not be subject to deferments because of the minority of the person. Any person who is seventeen (17) years of age or older may consent to the donation of his or her blood and to the penetration of such tissue necessary to accomplish the donation. The consent shall not be subject to deferments because of the minority of the person, and parental authorization shall not be required to authorize the donation and penetration of tissue.

Miss. Code Ann. § 41-41-16 Health-care providers conducting tests for infectious diseases without consent of patient.

A hospital or physician, and employees of such hospital or physician, may conduct an acquired immune deficiency syndrome (AIDS)/human immunodeficiency virus (HIV) antibody test or appropriate tests for any other infectious diseases without specific consent for such tests if the hospital or physician determines that the test is necessary for diagnostic purposes to provide appropriate care or treatment to the person to be tested, or in order to protect the health and safety of other patients or persons providing care and treatment to the person to be tested. The person who is to be tested shall be informed of the nature of the test which is to be conducted.

Miss. Code Ann. § 41-41-17 Authorized consent to participate in research conducted in accordance with federal law.

Any adult, as defined in Section 41-41-203(a), Mississippi Code of 1972, or emancipated minor, as defined in Section 41-41-203(e), Mississippi Code of 1972, may consent to participate as a subject in research if that research is conducted in accordance with federal law (Title 45 CFR Part 46: Protection of Human Subjects). Unemancipated minors may participate as subjects in research, if that research is conducted in accordance with federal law (Title 45 CFR Part 46: Protection of Human Subjects).

Miss. Code Ann. § 41-41-31 Definitions.

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

Miss. Code Ann. § 41-41-33 Consent; written certification.

No abortion shall be performed or induced except with the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if: The woman is told the following by the physician who is to perform or induce the abortion or by the referring physician, orally and in person, at least twenty-four (24) hours before the abortion: The name of the physician who will perform or induce the abortion; The particular medical risks associated with the particular abortion procedure to be employed including, when medically accurate, the risks of infection, hemorrhage and breast cancer, and the danger to subsequent pregnancies and infertility; The probable gestational age of the unborn child at the time the abortion is to be performed or induced; and The medical risks associated with carrying her child to term. The woman is informed, by the physician or his agent, orally and in person, at least twenty-four (24) hours before the abortion: That medical assistance benefits may be available for prenatal care, childbirth and neonatal care; That the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion; That there are available services provided by public and private agencies which provide pregnancy prevention counseling and medical referrals for obtaining pregnancy prevention medications or devices; and That she has the right to review the printed materials described in Section 41-41-35(1)(a), (b) and (c). The physician or his agent shall orally inform the woman that those materials have been provided by the State of Mississippi and that they describe the unborn child and list agencies that offer alternatives to abortion. If the woman chooses to view those materials, copies of them shall be furnished to her. The physician or his agent may disassociate himself or themselves from those materials, and may comment or refrain from comment on them as he chooses. The physician or his agent shall provide the woman with the printed materials described in Section 41-41-35(1)(d). The woman certifies in writing before the abortion that the information described in paragraphs (a) and (b) of this section has been furnished to her, and that she has been informed of her opportunity to review the information referred to in subparagraph (iv) of paragraph (b) of this section. Before the abortion is performed or induced, the physician who is to perform or induce the abortion receives a copy of the written certification prescribed by this section. The State Department of Health shall enforce the provisions of Sections 41-41-31 through 41-41-39 at abortion facilities, as defined in Section 41-75-1.

Miss. Code Ann. § 41-41-34 Performance of fetal ultrasound imaging and auscultation of fetal heart tone services required before abortion; patient to be offered opportunity to view ultrasound image and hear heartbeat; patient to sign certification form acknowledging being given that opportunity; physician to retain copy of signed certification form.

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: Perform fetal ultrasound imaging and auscultation of fetal heart tone services on the patient undergoing the abortion; Offer to provide the patient with an opportunity to view the active ultrasound image of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible; Offer to provide the patient with a physical picture of the ultrasound image of the unborn child; Obtain the patient’s signature on a certification form stating that the patient has been given the opportunity to view the active ultrasound image and hear the heartbeat of the unborn child if the heartbeat is audible, and that she has been offered a physical picture of the ultrasound image; and Retain a copy of the signed certification form in the patient’s medical record. The State Department of Health shall enforce the requirements of this section. 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.

Miss. Code Ann. § 41-41-34.1 1. Performance of abortion of unborn human individual with a detectable heartbeat prohibited; exceptions.

As used in this section: “Fetal heartbeat” means cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. “Physician” means a person licensed to practice medicine under Section 73-25-1 et seq. “Unborn human individual” means an individual organism of the species homo sapiens from fertilization until live birth. Except as provided in paragraph (b) or (c) of this subsection (2), no person shall knowingly perform an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of the unborn human individual that the pregnant woman is carrying and whose fetal heartbeat has been detected. Any person who acts based on the exception in paragraph (b) or (c) of this subsection (2) shall so note in the pregnant woman’s medical records and shall specify in the pregnant woman’s medical records which of the exceptions the person invoked. A person is not in violation of paragraph (a) of this subsection (2) if that person performs a medical procedure designed to or intended, in that person’s reasonable medical judgment, to prevent the death of a pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. Any person who performs a medical procedure as described in paragraph (b)(i) of this subsection (2) shall declare in writing, under penalty of perjury, that the medical procedure was necessary, to the best of that person’s reasonable medical judgment, to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. That person shall also provide in that written document, under penalty of perjury, the medical condition of that pregnant woman that the medical procedure performed as described in paragraph (b)(i) of this subsection (2) will assertedly address, and the medical rationale for the conclusion that the medical procedure was necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. The person who performs a medical procedure as described in paragraph (b)(i) of this subsection (2) shall place the written documentation required under paragraph (b)(ii) of this subsection (2) in the pregnant woman’s medical records, and shall maintain a copy of the written documentation in the person’s own records for at least seven (7) years. A person is not in violation of paragraph (a) of this subsection (2) if that person has performed an examination for the presence of a fetal heartbeat in the unborn human individual using standard medical practice and that examination does not reveal a fetal heartbeat or the person has been informed by a physician who has performed the examination for a fetal heartbeat that the examination did not reveal a fetal heartbeat. This subsection (2) does not repeal any other provision of the Mississippi Code that restricts or regulates the performance of an abortion by a particular method or during a particular stage of a pregnancy. Any person who violates this subsection (2) is guilty of performing an abortion after the detection of a fetal heartbeat, a violation punishable as provided in Section 41-41-39.

Miss. Code Ann. § 41-41-35 Duties of State Department of Health; printed materials.

The State Department of Health shall cause to be published in English within sixty (60) days after July 1, 1991, the following easily comprehensible printed materials: Geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer and a description of the manner, including telephone numbers, in which they might be contacted, or, at the option of the Department of Health, printed materials including a toll-free, twenty-four-hour-a-day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer. Materials designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a woman can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child’s survival. The materials shall include color pictures representing the development of the child at two-week gestational increments. These pictures must contain the dimensions of the unborn child and must be realistic. The materials shall be objective, nonjudgmental and designed to convey only accurate scientific information about the unborn child at the various gestational ages. Materials that include the information described in subparagraphs (ii) and (iv) of paragraph (1)(a) of Section 41-41-33 and in subparagraphs (i), (ii) and (iii) of paragraph (1)(b) of Section 41-41-33. Materials designed to inform the woman of pregnancy prevention methods for females and males, which materials shall describe each method in detail and include pictures or diagrams that illustrate the proper usage of each method. The materials shall be printed in a typeface large enough to be clearly legible. The materials required under this section shall be available at no cost from the Department of Health upon request and in appropriate number to any person, facility or hospital. The Department of Health shall review the printed materials required by subsection (1) of this section on an annual basis in order to determine if any changes are needed to be made to the contents of the materials, and shall promulgate any rules and regulations necessary for considering and making such changes.

Miss. Code Ann. § 41-41-37 Physician to inform woman of medical emergency.

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.

Miss. Code Ann. § 41-41-39 Violation of provisions as misdemeanor.

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.

Miss. Code Ann. § 41-41-45 Abortion prohibited; exceptions.

[From and after ten days following the date of publication by the Attorney General of Mississippi that the Attorney General has determined that the United States Supreme Court has overruled the decision of Roe v. Wade, and that it is reasonably probable that this section would be upheld by the Court as constitutional, this section will read as follows:] As used in this section, the term “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. No abortion shall be performed or induced in the State of Mississippi, except in the case where necessary for the preservation of the mother’s life or where the pregnancy was caused by rape. For the purposes of this section, rape shall be an exception to the prohibition for an abortion only if a formal charge of rape has been filed with an appropriate law enforcement official. Any person, except the pregnant woman, who purposefully, knowingly or recklessly performs or attempts to perform or induce an abortion in the State of Mississippi, except in the case where necessary for the preservation of the mother’s life or where the pregnancy was caused by rape, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than ten (10) years.

Miss. Code Ann. § 41-41-51 Definitions.

For purposes of Sections 41-41-51 through 41-41-63, the following definitions shall apply: “Minor” means any person under the age of eighteen (18) years; “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; “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.

Miss. Code Ann. § 41-41-53 Requirement of written consent; petition for waiver.

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 written consent of both parents or the legal guardian of the minor. If the minor’s parents are divorced or otherwise unmarried and living separate and apart, then the written consent of the parent with primary custody, care and control of such minor shall be sufficient. 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 written consent of the parent who is available shall be sufficient. If the minor’s pregnancy was caused by sexual intercourse with the minor’s natural father, adoptive father or stepfather, then the written consent of the minor’s mother shall be sufficient. 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 pursuant to the procedures of Section 41-41-55.

Miss. Code Ann. § 41-41-55 Applicability of provisions; court proceedings; standards for waiver of consent requirement.

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. 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. 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. Consent shall be waived if the court finds by clear and convincing evidence either: That the minor is mature and well-informed enough to make the abortion decision on her own; or That performance of the abortion would be in the best interests of the minor. 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. 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. No filing fees shall be required of any minor who avails herself of the procedures provided by this section.

Miss. Code Ann. § 41-41-57 Exception for medical emergency.

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.

Miss. Code Ann. § 41-41-59 Violation of provisions as prima facie evidence of physician’s unprofessional conduct.

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.

Miss. Code Ann. § 41-41-61 Confidentiality of records and information; penalty for disclosure.

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. 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.

Miss. Code Ann. § 41-41-63 Severability of provisions.

If any provision, word, phrase or clause of Sections 41-41-51 through 41-41-63 or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions, words, phrases, clauses or application of Sections 41-41-51 through 41-41-63 which can be given effect without the invalid provision, word, phrase, clause or application, and to this end the provisions, words, phrases and clauses of Sections 41-41-51 through 41-41-63 are declared to be severable.

Miss. Code Ann. § 41-41-71 Short title.

Sections 41-41-71 through 41-41-73 may be cited as the Partial-Birth Abortion Ban Act.

Miss. Code Ann. § 41-41-73 Partial-birth abortions prohibited; penalties for violations.

Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Twenty-five Thousand Dollars ($25,000.00) or imprisoned in the State Penitentiary for not more than two (2) years, or both. This subsection shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury if no other medical procedure would suffice for that purpose. As used in this section, “partial-birth abortion” means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. As used in this section, “physician” means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State of Mississippi. However, any individual who is not a physician but who nevertheless directly performs a partial-birth abortion shall be subject to the provisions of this section. The husband of a mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of eighteen (18) years at the time of the abortion, the mother’s parents may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct or the plaintiff consented to the abortion. Such relief shall include: Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and Statutory damages equal to three (3) times the cost of the partial-birth abortion. A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for a conspiracy to violate this section.

Miss. Code Ann. § 41-41-75 Short Title.

Sections 41-41-75 through 41-41-80 shall be known and may be cited as the Abortion Complication Reporting Act.

Miss. Code Ann. § 41-41-76 Definitions.

As used in Sections 41-41-75 through 41-41-80: “Abortion” has the meaning as defined in Section 41-41-31. “Medical treatment” means, but is not limited to, hospitalization, laboratory tests, surgery or prescription of drugs. “Department” means the State Department of Health.

Miss. Code Ann. § 41-41-77 Physicians to file regular reports to state on patients treated or dying in abortion procedures; confidentiality; sanctions for breach of confidentiality.

A physician shall file a written report with the State Department of Health regarding each patient who comes under the physician’s professional care and requires medical treatment or suffers death that the attending physician has a reasonable basis to believe is a primary, secondary, or tertiary result of an induced abortion. These reports shall be submitted within thirty (30) days of the discharge or death of the patient treated for the complication. The department shall summarize aggregate data from the reports required under this section for purposes of inclusion into the annual Vital Statistics Report. The department shall develop and distribute or make available online in a downloadable format a standardized form for the report required under this section. The department shall communicate this reporting requirement to all medical professional organizations, licensed physicians, hospitals, emergency rooms, abortion facilities, Department of Health clinics and ambulatory surgical facilities operating in the state. The department shall destroy each individual report required by this section and each copy of the report after retaining the report for five (5) years after the date the report is received. The report required under this section shall not contain the name of the woman, common identifiers such as her social security number or motor vehicle operator’s license number or other information or identifiers that would make it possible to identify in any manner or under any circumstances an individual who has obtained or seeks to obtain an abortion. A state agency shall not compare data in an electronic or other information system file with data in another electronic or other information system that would result in identifying in any manner or under any circumstances an individual obtaining or seeking to obtain an abortion. Statistical information that may reveal the identity of a woman obtaining or seeking to obtain an abortion shall not be maintained. The department or an employee of the department shall not disclose to a person or entity outside the department the reports or the contents of the reports required under this section in a manner or fashion as to permit the person or entity to whom the report is disclosed to identify in any way the person who is the subject of the report. Disclosure of confidential identifying information in violation of this section shall constitute a felony which, upon conviction, shall be punished by imprisonment in the State Penitentiary for not more than three (3) years, or a fine of not more than Five Thousand Dollars ($5,000.00), or both.

Miss. Code Ann. § 41-41-78 Content of reports.

Each report of medical treatment following abortion required under Section 41-41-77 shall contain the following information: The age and race of the patient; The characteristics of the patient, including residency status, county of residence, marital status, education, number of previous pregnancies, number of stillbirths, number of living children and number of previous abortions; The date the abortion was performed and the method used if known; The type of facility where the abortion was performed; The condition of the patient that led to treatment, including, but not limited to, pelvic infection, hemorrhage, damage to pelvic organs, renal failure, metabolic disorder, shock, embolism, coma or death. The amount billed to cover the treatment of the complication, including whether the treatment was billed to Medicaid, insurance, private pay or other method. This should include charges for physician, hospital, emergency room, prescription or other drugs, laboratory tests and any other costs for the treatment rendered. The charges are to be coded with IDC-9 classification numbers in such a way as to distinguish treatment following induced abortions from treatments following ectopic or molar pregnancies. Nothing in Sections 41-41-75 through 41-41-80 shall be construed as an instruction to discontinue collecting data currently being collected.

Miss. Code Ann. § 41-41-79 Liability.

Willful violation of the provisions of Sections 41-41-75 through 41-41-80 shall constitute a misdemeanor and shall be punishable as provided for by law, except that disclosure of confidential identifying information shall constitute a felony as provided in subsection (9) of Section 41-41-77. No physician or hospital, its officers, employees or medical and nursing personnel practicing in the hospital shall be civilly liable for violation of the provisions of Sections 41-41-75 through 41-41-80, except to the extent of liability for actual damages in a civil action for willful or reckless and wanton acts or omissions constituting that violation. However, that liability shall be subject to any immunities or limitations of liability or damages provided by law.

Miss. Code Ann. § 41-41-80 Severability.

The provisions of Sections 41-41-75 through 41-41-80 are declared to be severable, and if any provision, word, phrase, or clause of Sections 41-41-75 through 41-41-80 or the application thereof to any person is held invalid, the invalidity shall not affect the validity of the remaining portions of Sections 41-41-75 through 41-41-80.

Miss. Code Ann. § 41-41-91 Use of public funds for abortions prohibited; exceptions.

Notwithstanding any other provision of law to the contrary, no public funds that are made available to any institution, board, commission, department, agency, official, or employee of the State of Mississippi, or of any local political subdivision of the state, whether those funds are made available by the government of the United States, the State of Mississippi, or a local governmental subdivision, or from any other public source, shall be used in any way for, to assist in, or to provide facilities for abortion, except: When the abortion is medically necessary to prevent the death of the mother; or When the abortion is being sought to terminate a pregnancy resulting from an alleged act of rape or incest; or When there is a fetal malformation that is incompatible with the baby being born alive.

Miss. Code Ann. § 41-41-95 Title.

Sections 41-41-95 through 41-41-99 may be known and cited as the “Federal Abortion-Mandate Opt-Out Act.”

Miss. Code Ann. § 41-41-97 Legislative findings and purpose.

The Legislature of the State of Mississippi finds that under Section 1303 of the federal Patient Protection and Affordable Care Act, states are explicitly permitted to pass laws prohibiting qualified health plans offered through an exchange in their state from offering abortion coverage. It is the purpose of Sections 41-41-95 through 41-41-99 to affirmatively opt out of allowing qualified health plans that cover abortions to participate in exchanges within the State of Mississippi.

Miss. Code Ann. § 41-41-99 Opt-out.

No abortion coverage may be provided by a qualified health plan offered through an exchange created pursuant to the federal Patient Protection and Affordable Care Act within the State of Mississippi. This limitation shall not apply to an abortion performed (a) when the life of the mother 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 (b) when the pregnancy is the result of an alleged act of rape or incest.The physician is required to maintain sufficient documentation in the medical record that supports the medical necessity for the abortion for one of the reasons outlined in this subsection (2).

Miss. Code Ann. § 41-41-101 Short title.

Sections 41-41-101 through 41-41-117 may be known and cited as the “Women’s Health Defense Act of 2013.”

Miss. Code Ann. § 41-41-103 Legislative findings; purpose.

The Legislature finds that: The use of abortion-inducing drugs presents significant medical risks to women, including, but not limited to, abdominal pain, cramping, vomiting, headache, fatigue, uterine hemorrhage, viral infections, pelvic inflammatory disease, severe bacterial infection and death. Abortion-inducing drugs are associated with an increased risk of complications relative to surgical abortion. The risk of complications increases with increasing gestational age. In July 2011, the FDA reported two thousand two hundred seven (2,207) adverse events in the United States after women used abortion-inducing drugs for the termination of pregnancy. Among those were fourteen (14) deaths, six hundred twelve (612) hospitalizations, three hundred thirty-nine (339) blood transfusions, and two hundred fifty-six (256) infections (including forty-eight (48) “severe infections”). Medical evidence demonstrates that women who use abortion-inducing drugs incur more complications than those who have surgical abortions. Based on the findings in subsection (1) of this section, it is the purpose of Sections 41-41-101 through 41-41-117 to: Protect women from the dangerous and potentially deadly use of abortion-inducing drugs when administration of the drugs does not meet the standard of care; and Ensure that physicians meet the standard of care when giving, selling, dispensing, administering or otherwise providing or prescribing abortion-inducing drugs.

Miss. Code Ann. § 41-41-105 Definitions.

As used in Sections 41-41-101 through 41-41-117, the following terms shall have the meanings ascribed in this section unless the context indicates otherwise: “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 to cause the death of the unborn child. This includes the use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion. Use of those drugs to induce abortion is also known as “medical abortion.” This definition does not apply to drugs that may be known to cause an abortion but are prescribed for other medical indications (e.g., chemotherapeutic agents and diagnostic drugs). “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 to cause the death of the unborn child. That use, prescription or means is not an abortion if done with the intent to: Save the life of the mother; Save the life or preserve the health of the unborn child; Remove a dead unborn child caused by spontaneous abortion; Remove an ectopic pregnancy; Prevent hemorrhaging by the pregnant woman; or Treat a maternal disease or illness other than pregnancy for which the prescribed drug is indicated. “Department” means the State Department of Health. “LMP” or “gestational age” means the time that has elapsed since the first day of the woman’s last menstrual period. “Physician” means any medical doctor (M.D.) or osteopathic doctor (D.O.) licensed to practice medicine in this state. “Pregnant” or “pregnancy” means the female reproductive condition of having an unborn child in the woman’s uterus. “Unborn child” means the offspring of human beings from conception until birth.

Miss. Code Ann. § 41-41-107 Providing or prescribing abortion-inducing drug prohibited unless provided or prescribed by physician; requirements for physicians.

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 of the abortion-inducing drug satisfies the standard of care. Because the failure and complications from medical abortion increase with increasing gestational age, because the physical symptoms of medical abortion can be identical to the symptoms of ectopic pregnancy, and because abortion-inducing drugs do not treat ectopic pregnancies but rather are contraindicated in ectopic pregnancies, the physician giving, selling, dispensing, administering or otherwise providing or prescribing the abortion-inducing drug must first physically examine the woman and document in the woman’s medical chart the gestational age and intrauterine location of the pregnancy before giving, selling, dispensing, administering or otherwise providing or prescribing the abortion-inducing drug. When any drug or chemical is used for the purpose of inducing an abortion, the drug or chemical must be administered in the same room and in the physical presence of the physician who gave, sold, dispensed or otherwise provided or prescribed the drug or chemical to the patient. 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 final printed label or FPL. If the physician giving, selling, dispensing, administering or otherwise providing or prescribing any 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. 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 to provide treatment that meets the standard of care.

Miss. Code Ann. § 41-41-109 Physician report of provision of abortion-inducing drug; report of adverse event.

If a physician provides an abortion-inducing drug to another for the purpose of inducing an abortion as authorized in Section 41-41-107: The physician shall report that action to the department; and 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 to the FDA via the Medwatch Reporting System. For the purposes of this section, “adverse event” shall be defined according to the FDA criteria given in the Medwatch Reporting System.

Miss. Code Ann. § 41-41-111 Penalties for violation.

A person who intentionally, knowingly or recklessly violates any provision of Sections 41-41-101 through 41-41-117 is guilty of a misdemeanor. No criminal penalty may be assessed against the pregnant woman upon whom the drug-induced abortion is performed.

Miss. Code Ann. § 41-41-113 Remedies; availability; no liability against pregnant women.

All remedies under the statutory laws of this state are available if there is failure to comply with the requirements of Sections 41-41-101 through 41-41-117. No civil liability may be assessed against the pregnant woman upon whom the drug-induced abortion is performed. In any legal action for failure to comply with the requirements of Sections 41-41-101 through 41-41-117, the court, when requested, shall allow a woman to proceed using solely her initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the drug-induced abortion was performed.

Miss. Code Ann. § 41-41-115 Limitations of Sections 41-41-101 through 41-41-117.

Nothing in Sections 41-41-101 through 41-41-117 shall be construed as creating or recognizing a right to abortion. It is not the intention of Sections 41-41-101 through 41-41-117 to make lawful an abortion that is currently unlawful.

Miss. Code Ann. § 41-41-117 Severability.

Any provision of Sections 41-41-101 through 41-41-117 that is held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless the holding is one of utter invalidity or unenforceability, in which event the provision shall be deemed severable from Sections 41-41-101 through 41-41-117 and shall not affect the remainder of Sections 41-41-101 through 41-41-117 or the application of the provision to other persons not similarly situated or to other dissimilar circumstances.

Miss. Code Ann. § 41-41-119 and 41-41-121. Repealed.

Repealed by Laws, 1998, ch. 542, § 19, eff from and after July 1, 1998. §§ 41-41-119 and 41-41-121 [Laws, 1984, ch. 365, §§ 10 and 11] Editor’s Notes — Former §§ 41-41-119 and 41-41-121 (along with former §§ 41-41-101 through 41-41-117 ) related to declarations and procedures regarding the withdrawal of life-saving mechanisms. For similar present provisions, see § 41-41-201 et seq.

Miss. Code Ann. § 41-41-131 Short title.

Sections 41-41-131 through 41-41-145 may be cited as the Women’s Health Protection and Preborn Pain Act.

Miss. Code Ann. § 41-41-133 Definitions.

As used in Sections 41-41-131 through 41-41-145: “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. “Gestational age” means the time that has elapsed since the first day of the woman’s last menstrual period as determined using methods consistent with standard medical practice in the community. “Severe fetal abnormality” means a life-threatening physical condition that, in reasonable medical judgment, regardless of the provision of life-saving medical treatment, is incompatible with life outside the womb. “Major bodily function” includes, but is not limited to, functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.

Miss. Code Ann. § 41-41-135 Performing or inducing or attempting to perform or induce abortion before physician determines probable gestational age prohibited.

Except as otherwise provided by Section 41-41-141, a physician may not perform, or induce or attempt to perform or induce an abortion without, before the procedure: Making a determination of the probable gestational age of the unborn child; or Possessing and relying on a determination of the probable gestational age of the unborn child made by another physician. The physician making such a determination must do so in accordance with reasonable medical judgment.

Miss. Code Ann. § 41-41-137 Performing or inducing or attempting to perform or induce abortion if probable gestational age is determined to be twenty or more weeks prohibited.

Except as otherwise provided by Section 41-41-141, a person may not perform or induce or attempt to perform or induce an abortion on a woman if it has been determined, by the physician performing, inducing, or attempting to perform or induce the abortion or by another physician on whose determination that physician relies, that the probable gestational age of the unborn child is twenty (20) or more weeks.

Miss. Code Ann. § 41-41-139 Abortion to preserve the life of the pregnant woman when probable gestational age of unborn child is twenty or more weeks to be done in manner to provide best opportunity for survival of unborn child.

This section applies only to an abortion authorized under Section 41-41-141(1) in which: The probable gestational age of the unborn child is twenty (20) or more weeks; or The probable gestational age of the unborn child has not been determined but could reasonably be twenty (20) or more weeks. A physician performing or inducing an abortion under subsection (1) of this section shall terminate the pregnancy in the manner that, in the physician’s reasonable medical judgment, provides the best opportunity for the unborn child to survive.

Miss. Code Ann. § 41-41-141 Exceptions for preservation of life of pregnant woman; exceptions for severe fetal abnormality.

The prohibitions and requirements under Sections 41-41-135, 41-41-137 and 41-41-139(2) do not apply if there exists a condition in which an abortion is necessary 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 (as specifically defined in paragraph (d) of Section 41-41-133) of the pregnant woman. The prohibitions and requirements under Sections 41-41-135, 41-41-137 and 41-41-139(2) do not apply to an abortion performed or induced on an unborn child who has a severe fetal abnormality if the mother is informed twenty-four (24) hours before the abortion that supportive care, including, but not limited to, counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, clergy, social workers, and specialty nurses focused on alleviating fear and ensuring that the woman and her family experience the life and death of their child in a comfortable and supportive environment, is available should she choose to carry her pregnancy to term.

Miss. Code Ann. § 41-41-143 Protection of privacy of woman on whom abortion was performed or induced or attempted to be performed or induced in civil or criminal proceedings.

Except as otherwise provided by this section, in a civil or criminal proceeding or action involving an act prohibited under Sections 41-41-131 through 41-41-145, the identity of the woman on whom an abortion has been performed or induced or attempted to be performed or induced is not subject to public disclosure if the woman does not give consent to disclosure. Unless the court makes a ruling under subsection (3) of this section to allow disclosure of the woman’s identity, the court 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 protect the woman’s identity from public disclosure. A court may order the disclosure of information that is confidential under this section if: A motion is filed with the court requesting release of the information and a hearing on that request; and Notice of the hearing is served on each interested party. If the conditions specified in subsection (3) of this section are fulfilled, then after an in camera hearing, for each order issued under subsection (2) of this section that is challenged by a motion under subsection (3) of this section, the court shall either vacate the order or issue specific written findings explaining why the anonymity of the woman 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.

Miss. Code Ann. § 41-41-145 Construction; constitutional challenge.

Sections 41-41-131 through 41-41-145 shall be construed, as a matter of state law, to be enforceable up to but no further than the maximum possible extent consistent with federal constitutional requirements, even if that construction is not readily apparent, as such constructions are authorized only to the extent necessary to save Sections 41-41-131 through 41-41-145 from judicial invalidation. Judicial reformation of statutory language is explicitly authorized only to the extent necessary to save the statutory provision from invalidity. If any court determines that a provision of Sections 41-41-131 through 41-41-145 is unconstitutionally vague, the court shall interpret the provision, as a matter of state law, to avoid the vagueness problem and shall enforce the provision to the maximum possible extent. If a federal court finds any provision of Sections 41-41-131 through 41-41-145 or its application to any person, group of persons, or circumstances to be unconstitutionally vague and declines to impose the saving construction described by this subsection, the Mississippi Supreme Court shall provide an authoritative construction of the objectionable statutory provisions that avoids the constitutional problems while enforcing the statute’s restrictions to the maximum possible extent, and shall agree to answer any question certified from a federal appellate court regarding the statute. State executive or administrative officials may not decline to enforce Sections 41-41-131 through 41-41-145, or adopt a construction of Sections 41-41-131 through 41-41-145 in a way that narrows their applicability, based on the official’s own beliefs about what the state or federal constitution requires, unless the official is enjoined by a state or federal court from enforcing Sections 41-41-131 through 41-41-145. Sections 41-41-131 through 41-41-145 may not be construed to authorize the prosecution of or a cause of action to be brought against a woman on whom an abortion is performed or induced or attempted to be performed or induced in violation of Sections 41-41-131 through 41-41-145.

Miss. Code Ann. § 41-41-147 Relation to other Mississippi laws regulating or restricting abortions.

Sections 41-41-131 through 41-41-145 may not be construed to repeal, by implication or otherwise, any other provision of Mississippi law regulating or restricting abortion not specifically addressed by Sections 41-41-131 through 41-41-145. An abortion that complies with Sections 41-41-131 through 41-41-145 but violates any other law is unlawful. An abortion that complies with another state law but violates Sections 41-41-131 through 41-41-145 is unlawful as provided in Sections 41-41-131 through 41-41-145.

Miss. Code Ann. § 41-41-149 Severability.

If some or all of the provisions of Sections 41-41-131 through 41-41-145 are ever temporarily or permanently restrained or enjoined by judicial order, all other provisions of Mississippi law regulating or restricting abortion shall be enforced as though the restrained or enjoined provisions had not been adopted; however, whenever the temporary or permanent restraining order or injunction is stayed or dissolved, or otherwise ceases to have effect, the provisions shall have full force and effect. Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state statute regulating abortion the United States Supreme Court held that an explicit statement of legislative intent is controlling, it is the intent of the Legislature that every provision, section, subsection, paragraph, sentence, clause, phrase or word in Sections 41-41-131 through 41-41-145, and every application of the provisions in Sections 41-41-131 through 41-41-145, are severable from each other. If any application of any provision in Sections 41-41-131 through 41-41-145 to any person, group of persons, or circumstances is found by a court to be invalid, the remaining applications of that provision to all other persons and circumstances shall be severed and may not be affected. All constitutionally valid applications of Sections 41-41-131 through 41-41-145 shall be severed from any applications that a court finds to be invalid, leaving the valid applications in force, because it is the Legislature’s intent and priority that the valid applications be allowed to stand alone. Even if a reviewing court finds a provision of Sections 41-41-131 through 41-41-145 to impose an undue burden in a large or substantial fraction of relevant cases, the applications that do not represent an undue burden shall be severed from the remaining provisions and shall remain in force, and shall be treated as if the Legislature had enacted a statute limited to the persons, group of persons, or circumstances for which the statute’s application does not present an undue burden. The Legislature further declares that it would have passed Sections 41-41-131 through 41-41-145, and each provision, section, subsection, sentence, clause, phrase or word, and all constitutional applications of Sections 41-41-131 through 41-41-145, irrespective of the fact that any provision, section, subsection, paragraph, sentence, clause, phrase or word, or applications of Sections 41-41-131 through 41-41-145, were to be declared unconstitutional or to represent an undue burden. If Sections 41-41-131 through 41-41-145 are found by any court to be invalid or to impose an undue burden as applied to any person, group of persons, or circumstances, the prohibition shall apply to that person or group of persons or circumstances on the earliest date on which Sections 41-41-131 through 41-41-145 can be constitutionally applied. If any provisions of Sections 41-41-131 through 41-41-145 is found by any court to be unconstitutionally vague, then the applications of the provision that do not present constitutional vagueness problems shall be severed and remain in force.

Miss. Code Ann. § 41-41-151 Short title.

Sections 41-41-151 through 41-41-169 may be cited as the “Mississippi Unborn Child Protection from Dismemberment Abortion Act.”

Miss. Code Ann. § 41-41-153 Definitions.

For the purposes of Sections 41-41-151 through 41-41-169, the following terms shall be defined as provided in this section: “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device: To purposely kill the unborn child of a woman known to be pregnant; or To purposely terminate the pregnancy of a woman known to be pregnant, with a purpose other than: 1. After viability to produce a live birth and preserve the life and health of the child born alive; or 2. To remove a dead unborn child. “Attempt to perform an abortion” means to do or omit to do anything that, under the circumstances as the actor believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in oneself performing an abortion. Such substantial steps include, but are not limited to: Agreeing with an individual to perform an abortion on that individual or on some other person, whether or not the term “abortion” is used in the agreement, and whether or not the agreement is contingent on another factor such as receipt of payment or a determination of pregnancy; or Scheduling or planning a time to perform an abortion on an individual, whether or not the term “abortion” is used, and whether or not the performance is contingent on another factor such as receipt of payment or a determination of pregnancy. This definition shall not be construed to require that an abortion procedure actually must be initiated for an attempt to occur. “Dismemberment abortion” means, with the purpose of causing the death of an unborn child, purposely to dismember a living unborn child and extract him or her one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors or similar instruments that, through the convergence of two rigid levers, slice, crush, and/or grasp a portion of the unborn child’s body to cut or rip it off. The term “dismemberment abortion” does not include an abortion that uses suction to dismember the body of the unborn child by sucking fetal parts into a collection container, although it does include an abortion in which a dismemberment abortion is used to cause the death of an unborn child but suction is subsequently used to extract fetal parts after the death of the unborn child. “Physician” means a person licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise legally authorized to perform an abortion. “Purposely” means the following: A person acts purposely with respect to a material element of an offense when: If the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and If the element involves the attendant circumstances, he is aware of the existence of those circumstances or he believes or hopes that they exist. “Serious health risk to the unborn child’s mother” means that in reasonable medical judgment, she has a condition that so complicates her medical condition that it necessitates the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No such condition may be determined to exist if it is based on a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function. “Woman” means a female human being whether or not she has reached the age of majority.

Miss. Code Ann. § 41-41-155 Dismemberment abortion prohibited.

Notwithstanding any other provision of law, it shall be unlawful for any person to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn child’s mother. A person accused in any proceeding of unlawful conduct under subsection (1) of this section may seek a hearing before the State Board of Medical Licensure on whether the dismemberment abortion was necessary to prevent serious health risk to the unborn child’s mother. The board’s findings are admissible on that issue at any trial in which the unlawful conduct is alleged. Upon a motion of the person accused, the court shall delay the beginning of the trial for not more than thirty (30) days to permit such a hearing to take place. No woman upon whom an abortion is performed or attempted to be performed shall be thereby liable for performing or attempting to perform a dismemberment abortion. No nurse, technician, secretary, receptionist or other employee or agent who is not a physician but who acts at the direction of a physician, and no pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician shall be thereby liable for performing or attempting to perform a dismemberment abortion. Sections 41-41-151 through 41-41-169 do not prevent abortion for any reason, including rape and incest by any other method.

Miss. Code Ann. § 41-41-157 Remedies — Injunctions against dismemberment abortions.

Civil and criminal penalties for violations of Sections 41-41-151 through 41-41-169 may be imposed under the following priority: Injunctive relief; Civil cause of action; and Criminal action. A cause of action for injunctive relief against a person who has performed or attempted to perform a dismemberment abortion in violation of Section 41-41-155 may be maintained as a priority action by: A woman upon whom such a dismemberment abortion was performed or attempted to be performed; A person who is the spouse, parent or guardian of, or a current or former licensed health care provider of, a woman upon whom such a dismemberment abortion was performed or attempted to be performed; or A prosecuting attorney with appropriate jurisdiction. The injunction shall prevent the defendant from performing or attempting to perform further dismemberment abortions in violation of Section 41-41-155 in this state.

Miss. Code Ann. § 41-41-159 Civil remedies.

Only in the event a cause of action for injunctive relief under Section 41-41-157 has been denied by a court of competent jurisdiction, a cause of action for civil damages against a person who has performed a dismemberment abortion in violation of Section 41-41-155 may be maintained by: Any woman upon whom a dismemberment abortion has been performed in violation of Section 41-41-155; The father of the unborn child, if married to the woman at the time the dismemberment abortion was performed; or If the woman had not attained the age of eighteen (18) years at the time of the dismemberment abortion or has died as a result of the abortion, the maternal grandparents of the unborn child. No damages may be awarded a plaintiff if the pregnancy resulted from the plaintiff’s criminal conduct. Damages awarded in such an action shall include: Money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion; and Statutory damages equal to three (3) times the cost of the dismemberment abortion.

Miss. Code Ann. § 41-41-161 Attorney’s fees.

If judgment is rendered in favor of the plaintiff in an action described in Section 41-41-157 or 41-41-159, the court shall also render judgment for a reasonable attorney’s fee in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant in an action described in Section 41-41-157 or 41-41-159 and the court finds that the plaintiff’s suit was frivolous and brought in bad faith, the court shall render judgment for a reasonable attorney’s fee in favor of the defendant against the plaintiff. No attorney’s fee may be assessed against the woman upon whom a dismemberment abortion was performed or attempted to be performed except in accordance with subsection (2) of this section.

Miss. Code Ann. § 41-41-163 Criminal penalty.

Only in the event a judgment is rendered in favor of the defendant in an action described in Section41-41-157 or 41-41-159, a district attorney with jurisdiction may bring an indictment for criminal punishment under this section. Any person who violates Section 41-41-155 is guilty of a felony and, upon conviction, shall be punished by a fine not more than Ten Thousand Dollars ($10,000.00), or commitment to the custody of the Department of Corrections for not more than two (2) years, or both.

Miss. Code Ann. § 41-41-165 Protection of privacy in court proceedings.

In every civil, criminal, or administrative proceeding or action brought under Sections 41-41-151 through 41-41-169, the court shall rule whether the anonymity of any woman upon whom a dismemberment abortion has been performed or attempted to be performed shall be preserved from public disclosure if she does not give her consent to the 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 woman 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 woman upon whom a dismemberment abortion has been performed or attempted to be performed, anyone other than a public official who brings an action under Section41-41-157 or 41-41-159 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 or from attorneys for the defendant.

Miss. Code Ann. § 41-41-167 Construction.

Nothing in Sections 41-41-151 through 41-41-169 shall be construed as creating or recognizing a right to abortion, nor a right to a particular method of abortion.

Miss. Code Ann. § 41-41-169 Severability.

If any one or more provisions, sections, subsections, sentences, clauses, phrases or words of Sections 41-41-151 through 41-41-169 or the application thereof to any person or circumstance is found to be unconstitutional, the same is declared to be severable and the balance of Sections 41-41-151 through 41-41-169 shall remain effective notwithstanding such unconstitutionality. The Legislature declares that it would have passed Sections 41-41-151 through 41-41-169, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provisions, sections, subsections, sentences, clauses, phrases or words be declared unconstitutional.

Miss. Code Ann. § 41-41-171 Repealed.

Repealed by Laws, 1998, ch. 542, § 20, eff from and after July 1, 1998. § 41-41-171 through § 41-41-183 . [Laws, 1990, ch. 571, § 11-17] Editor’s Notes — Former §§ 41-41-171 through 41-41-183 (along with former §§ 41-41-151 through 41-41-169 ) related to powers conferred to an attorney-in-fact and the effects of valid durable powers of attorney concerning health care decisions. For present provisions relating to power of attorney for health care decisions, see § 41-41-201 et seq.

Miss. Code Ann. § 41-41-191 Gestational Age Act; legislative findings and purpose; definitions; abortion limited to fifteen weeks' gestation; exceptions; requisite report; reporting forms; professional sanctions; civil penalties; additional enforcement; construction; severability; right to intervene if constitutionality challenged.

This sectionshall be known and cited as the “Gestational Age Act.” Legislative findingsand purpose.The Legislature makes the following findings of factand incorporates them herein by reference: The United Statesis one (1) of only seven (7) nations in the world that permits nontherapeuticor elective abortion-on-demand after the twentieth week of gestation.In fact, fully seventy-five percent (75%) of all nations do not permitabortion after twelve (12) weeks’ gestation, except (in mostinstances) to save the life and to preserve the physical health ofthe mother. 1. Between five(5) and six (6) weeks’ gestation, an unborn human being’sheart begins beating. 2. An unborn humanbeing begins to move about in the womb at approximately eight (8)weeks’ gestation. 3. At nine (9) weeks’gestation, all basic physiological functions are present. Teeth andeyes are present, as well as external genitalia. 4. An unborn humanbeing’s vital organs begin to function at ten (10) weeks’gestation. Hair, fingernails, and toenails also begin to form. 5. At eleven (11)weeks’ gestation, an unborn human being’s diaphragmis developing, and he or she may even hiccup. He or she is beginningto move about freely in the womb. 6. At twelve (12)weeks’ gestation, an unborn human being can open and closehis or her fingers, starts to make sucking motions, and senses stimulationfrom the world outside the womb. Importantly, he or she has takenon “the human form” in all relevant aspects. Gonzalesv. Carhart, 550 U.S. 124, 160 (2007). 7. The Supreme Courthas long recognized that the State of Mississippi has an “importantand legitimate interest in protecting the potentiality of human life,” Roe v. Wade, 410 U.S. 113, 162 (1973), and specifically that “thestate has an interest in protecting the life of the unborn.”Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S.833, 873 (1992). 8. The majorityof abortion procedures performed after fifteen (15) weeks’gestation are dilation and evacuation procedures which involve theuse of surgical instruments to crush and tear the unborn child apartbefore removing the pieces of the dead child from the womb. The Legislaturefinds that the intentional commitment of such acts for nontherapeuticor elective reasons is a barbaric practice, dangerous for the maternalpatient, and demeaning to the medical profession. 9. Most obstetriciansand gynecologists practicing in the State of Mississippi do not offeror perform nontherapeutic or elective abortions. Even fewer offeror perform the dilation and evacuation abortion procedure even thoughit is within their scope of practice. Medical and otherauthorities now know more about human prenatal development than everbefore including that: Abortion carriessignificant physical and psychological risks to the maternal patient,and these physical and psychological risks increase with gestationalage. Specifically, in abortions performed after eight (8) weeks’gestation, the relative physical and psychological risks escalateexponentially as gestational age increases. L. Bartlett et al., Riskfactors for legal induced abortion mortality in the United States,Obstetrics and Gynecology 103(4):729 (2004). Importantly,as the second trimester progresses, in the vast majority of uncomplicatedpregnancies, the maternal health risks of undergoing an abortion aregreater than the risks of carrying a pregnancy to term. Medical complicationsfrom dilation and evacuation abortions include, but are not limitedto: pelvic infection; incomplete abortions (retained tissue); bloodclots; heavy bleeding or hemorrhage; laceration, tear, or other injuryto the cervix; puncture, laceration, tear, or other injury to theuterus; injury to the bowel or bladder; depression; anxiety; substanceabuse; and other emotional or psychological problems. Further, inabortions performed after fifteen (15) weeks’ gestation, thereis a higher risk of requiring a hysterectomy, other reparative surgery,or blood transfusion. The State ofMississippi also has “legitimate interests from the outsetof pregnancy in protecting the health of women.” Planned Parenthoodof Southeastern Pennsylvania v. Casey, 505 U.S. 833, 847 (1992), asthe “medical, emotional, and psychological consequences ofabortion are serious and can be lasting …” H.L. v. Matheson,450 U.S. 398, 411 (1981). Based on thefindings in paragraph (a) of this subsection, it is the intent ofthe Legislature, through this section and any regulations and policiespromulgated hereunder, to restrict the practice of nontherapeuticor elective abortion to the period up to the fifteenth week of gestation. Definitions.As used inthis section: “Abortion”means the use or prescription of an instrument, medicine, drug, orother substance or device with the intent to terminate a clinicallydiagnosable pregnancy for reasons other than to increase the probabilityof a live birth, to preserve the life or health of the unborn humanbeing, to terminate an ectopic pregnancy, or to remove a dead unbornhuman being. “Attemptto perform or induce an abortion” means to do or omit anythingthat, under the circumstances as the person believes them to be, isan act or omission that constitutes a substantial step in a courseof conduct planned to culminate in the performance or induction ofan abortion in violation of this section. “Conception”means the fusion of human spermatozoon with a human ovum. “Department”means the Mississippi State Department of Health. “Gestation”means the time that has elapsed since the first day of the woman’slast menstrual period. “Gestationalage” or “probable gestation age” means the ageof an unborn human being as calculated from the first day of the lastmenstrual period of the pregnant woman. “Humanbeing” means an individual member of the species Homo sapiens,from and after the point of conception. “Severe fetal abnormality” means a life-threatening physical condition that, in reasonable medical judgment, regardless of the provision of life-saving medical treatment, is incompatible with life outside the womb. “Majorbodily function” includes, but is not limited to, functionsof the immune system, normal cell growth, and digestive, bowel, bladder,neurological, brain, respiratory, circulatory, endocrine, and reproductivefunctions. “Medicalemergency” means a condition in which, on the basis of thephysician’s good faith clinical judgment, an abortion is necessaryto preserve the life of a pregnant woman whose life is endangeredby a physical disorder, physical illness, or physical injury, includinga life-endangering physical condition arising from the pregnancy itself,or when the continuation of the pregnancy will create a serious riskof substantial and irreversible impairment of a major bodily function. “Physician”or “referring physician” means a person licensed topractice medicine in the State of Mississippi. Abortion limited to fifteen (15)weeks’ gestation except in medical emergency and in cases ofsevere fetal abnormality. Except in a medicalemergency or in the case of a severe fetal abnormality, a person shallnot perform, induce, or attempt to perform or induce an abortion unlessthe physician or the referring physician has first made a determinationof the probable gestational age of the unborn human being and documentedthat gestational age in the maternal patient’s chart and, ifrequired, in a report to be filed with the department as set forthin paragraph (c) of this subsection. The determination of probablegestational age shall be made according to standard medical practicesand techniques used in the community. Except in a medicalemergency or in the case of a severe fetal abnormality, a person shallnot intentionally or knowingly perform, induce, or attempt to performor induce an abortion of an unborn human being if the probable gestationalage of the unborn human being has been determined to be greater thanfifteen (15) weeks. In every casein which a physician performs or induces an abortion on an unbornhuman being whose gestational age is greater than fifteen (15) weeks,the physician shall within fifteen (15) days of the abortion causeto be filed with the department, on a form supplied by the department,a report containing the following information: Date the abortionwas performed; Specific methodof abortion used; The probablegestational age of the unborn human being and the method used to calculategestational age; A statement declaringthat the abortion was necessary to preserve the life or physical healthof the maternal patient; Specific medicalindications supporting the abortion; and Probable healthconsequences of the abortion and specific abortion method used. The physician shall sign the form as his or her attestation under oath that the information stated thereon is true and correct to the best of his or her knowledge. Reports requiredand submitted under this subsection (4) shall not containthe name of the maternal patient upon whom the abortion was performedor any other information or identifiers that would make it possibleto identify, in any manner or under any circumstances, a woman whoobtained or sought to obtain an abortion. Reporting forms.Thedepartment shall create the forms required by this section withinthirty (30) days after March 19, 2018. No provisionof this section requiring the reporting of information on forms publishedby the department shall be applicable until ten (10) days after therequisite forms have been made available or March 19, 2018, whichever is later. Professional sanctions and civilpenalties. (a) A physician whointentionally or knowingly violates the prohibition in subsection(4) of this section commits an act of unprofessional conduct and hisor her license to practice medicine in the State of Mississippi shallbe suspended or revoked pursuant to action by the Mississippi StateBoard of Medical Licensure. Additional enforcement. The Attorney General shall have authority to bring an action in lawor equity to enforce the provisions of this section on behalf of theDirector of the Mississippi State Department of Health or the MississippiState Board of Medical Licensure. The Mississippi State Board of MedicalLicensure shall also have authority to bring such action on its ownbehalf. Construction.Nothing inthis section shall be construed as creating or recognizing a rightto abortion or as altering generally accepted medical standards. Itis not the intention of this section to make lawful an abortion thatis otherwise unlawful. An abortion that complies with this section,but violates any other state law, is unlawful. An abortion that complieswith another state law, but violates this section is unlawful. Severability. (a) It is the intentof the Legislature that every provision of this section shall operatewith equal force and shall be severable one from the other and that,in the event that any provision of this section shall be held invalidor unenforceable by a court of competent jurisdiction, said provisionshall be deemed severable and the remaining provisions of this sectiondeemed fully enforceable. Right of intervention.The Legislature, through one or more sponsors of this section duly appointedby resolution of their respective chamber, may intervene as a matterof right in any case in which the constitutionality of this sectionis challenged. The Governor may also intervene as a matter of rightin any case in which the constitutionality of this section is challenged. A physician whoknowingly or intentionally delivers to the department any report requiredby subsection (4)(c) of this section and known by him or her to befalse shall be subject to a civil penalty or fine up to Five HundredDollars ($500.00) per violation imposed by the department. In the eventthat any provision of this section shall be held invalid or unenforceableby a court of competent jurisdiction, Sections 41-41-131 through 41-41-145shall remain in effect. If some or all of the provisions of this sectionare ever temporarily or permanently restrained or enjoined by judicialorder, all other provisions of Mississippi law regulating or restrictingabortion shall be enforced as though the restrained or enjoined provisionshad not been adopted; however, whenever the temporary or permanentrestraining order or injunction is stayed or dissolved, or otherwiseceases to have effect, the provisions of this section shall have fullforce and effect. Mindful of Leavittv. Jane L., 518 U.S. 137 (1996), regarding the context of determiningthe severability of a state section of law regulating abortion, theUnited States Supreme Court held that an explicit statement of legislativeintent is controlling. Accordingly, it is the intent of the Legislaturethat every provision, section, subsection, paragraph, sentence, clause,phrase or word in this section and every application of the provisionsin this section is severable from each other. If any application ofany provision in this section to any person, group of persons, orcircumstances is found by a competent court to be invalid, the remainingapplications of that provision to all other persons and circumstancesshall be severed and may not be affected. All constitutionally validapplications of this section shall be severed from any applicationsthat a court finds to be invalid, leaving the valid applications inforce, because it is the Legislature’s intent and prioritythat the valid applications be allowed to stand alone. Even if a reviewingcourt finds a provision of this statute to impose an undue burdenin a large or substantial fraction of relevant cases, the applicationsthat do not represent an undue burden shall be severed from the remainingprovisions and shall remain in force, and shall be treated as if theLegislature had enacted a section limited to the persons, group ofpersons, or circumstances for which the section’s applicationdoes not present an undue burden. The Legislature further declaresthat it would have passed this section and each provision, section,subsection, paragraph, sentence, clause, phrase or word, and all constitutionalapplications of this section, without regard to the fact that anyprovision, section, subsection, paragraph, sentence, clause, phraseor word, or applications of this section, were to be declared unconstitutionalor to represent an undue burden. If this sectionis found by any competent court to be invalid or to impose an undueburden as applied to any person, group of persons, or circumstances,the prohibition shall apply to that person or group of persons orcircumstances on the earliest date on which this section can be constitutionallyapplied. If any provisionsof this section are found by a competent court to be unconstitutionallyvague, then the applications of the provision that do not presentconstitutional vagueness problems shall be severed and remain in force.

Miss. Code Ann. § 41-41-201 Short title.

Sections 41-41-201 through 41-41-229 may be cited as the “Uniform Health-Care Decisions Act.”

Miss. Code Ann. § 41-41-203 Definitions.

For purposes of Chapter 41 of Title 41, Mississippi Code of 1972, the following words shall have the meaning ascribed in this section unless the context shall otherwise require: “Adult” means an individual who is eighteen (18) years of age or older. “Advance health-care directive” means an individual instruction or a power of attorney for health care. “Agent” means an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power. “Capacity” means an individual’s ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health-care decision. “Emancipated minor” means an individual under the age of eighteen (18) years who: Is or has been married; Has been adjudicated generally emancipated by a court of competent jurisdiction; or Has been adjudicated emancipated for the purpose of making health-care decisions by a court of competent jurisdiction. “Guardian” means a judicially appointed guardian or conservator having authority to make a health-care decision for an individual. “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual’s physical or mental condition. “Health-care decision” means a decision made by an individual or the individual’s agent, guardian, or surrogate, regarding the individual’s health care, including: Selection and discharge of health-care providers and institutions; Approval or disapproval of diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; and Directions to provide, withhold or withdraw artificial nutrition and hydration and all other forms of health care. The phrase “health-care decision” does not include decisions made pursuant to Sections 41-39-31 through 41-39-51, the “Anatomical Gift Law.” “Health-care institution” means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. “Health-care provider” means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. “Individual instruction” means an individual’s direction concerning a health-care decision for the individual. “Person” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. “Physician” means an individual authorized to practice medicine or osteopathy under Title 73, Chapter 25, Mississippi Code of 1972. “Power of attorney for health care” means the designation of an agent to make health-care decisions for the individual granting the power. “Primary physician” means a physician designated by an individual or the individual’s agent, guardian, or surrogate, to have primary responsibility for the individual’s health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility. “Reasonably available” means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient’s health-care needs. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. “Supervising health-care provider” means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health-care provider who has undertaken primary responsibility for an individual’s health care. “Surrogate” means an individual, other than a patient’s agent or guardian, authorized under Sections 41-41-201 through 41-41-229 to make a health-care decision for the patient.

Miss. Code Ann. § 41-41-205 Individual instructions; power of attorney; decisions by primary physician; agents; guardians; validity.

An adult or emancipated minor may give an individual instruction. The instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises. An adult or emancipated minor may execute a power of attorney for health care, which may authorize the agent to make any health-care decision the principal could have made while having capacity. The power remains in effect notwithstanding the principal’s later incapacity and may include individual instructions. Unless related to the principal by blood, marriage, or adoption, an agent may not be an owner, operator, or employee of a residential long-term health-care institution at which the principal is receiving care. The power must be in writing, contain the date of its execution, be signed by the principal, and be witnessed by one (1) of the following methods: Be signed by at least two (2) individuals each of whom witnessed either the signing of the instrument by the principal or the principal’s acknowledgement of the signature or of the instrument, each witness making the following declaration in substance: “I declare under penalty of perjury pursuant to Section 97-9-61, Mississippi Code of 1972, that the principal is personally known to me, that the principal signed or acknowledged this power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document, and that I am not a health-care provider, nor an employee of a health-care provider or facility.” In addition, the declaration of at least one (1) of the witnesses must include the following: “I am not related to the principal by blood, marriage or adoption, and to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.” Be acknowledged before a notary public at any place within this state, the notary public certifying to the substance of the following: Click to view None of the following may be used as witness for a power of attorney for health care: A health-care provider; An employee of a health-care provider or facility; or The agent. At least one (1) of the individuals used as a witness for a power of attorney for health care shall be someone who is neither: A relative of the principal by blood, marriage or adoption; nor An individual who would be entitled to any portion of the estate of the principal upon his or her death under any will or codicil thereto of the principal existing at the time of execution of the power of attorney for health care or by operation of law then existing. Unless otherwise specified in a power of attorney for health care, the authority of an agent becomes effective only upon a determination that the principal lacks capacity, and ceases to be effective upon a determination that the principal has recovered capacity. Unless otherwise specified in a written advance health-care directive, a determination that an individual lacks or has recovered capacity, or that another condition exists that affects an individual instruction or the authority of an agent, must be made by the primary physician. An agent shall make a health-care decision in accordance with the principal’s individual instructions, if any, and other wishes to the extent known to the agent. Otherwise, the agent shall make the decision in accordance with the agent’s determination of the principal’s best interest. In determining the principal’s best interest, the agent shall consider the principal’s personal values to the extent known to the agent. A health-care decision made by an agent for a principal is effective without judicial approval. A written advance health-care directive may include the individual’s nomination of a guardian of the person. An advance health-care directive is valid for purposes of Sections 41-41-201 through 41-41-229 if it complies with Sections 41-41-201 through 41-41-229, regardless of when or where executed or communicated. “State of County of On this day of , in the year , before me, (insert name of notary public) appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under the penalty of perjury that the person whose name is subscribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence. Notary Seal (Signature of Notary Public)”

Miss. Code Ann. § 41-41-207 Revoking designation of agent or Advance Health-Care Directive.

An individual may revoke the designation of an agent only by a signed writing or by personally informing the supervising health-care provider. An individual may revoke all or part of an advance health-care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke. A health-care provider, agent, guardian, or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising health-care provider and to any health-care institution at which the patient is receiving care. A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in a power of attorney for health care. An advance health-care directive that conflicts with an earlier advance health-care directive revokes the earlier directive to the extent of the conflict.

Miss. Code Ann. § 41-41-209 Form for Advance Health-Care Directive.

The following form may be used to create an Advance Health-Care Directive. Sections 41-41-201 through 41-41-207 and 41-41-211 through 41-41-229 govern the effect of this or any other writing used to create an advanced health-care directive. An individual may complete or modify all or any part of the following form: ADVANCE HEALTH-CARE DIRECTIVE Explanation You have the right to give instructions about your own health care. You also have the right to name someone else to make health-care decisions for you. This form lets you do either or both of these things. It also lets you express your wishes regarding the designation of your primary physician. If you use this form, you may complete or modify all or any part of it. You are free to use a different form. Part 1 of this form is a power of attorney for health care. Part 1 lets you name another individual as agent to make health-care decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions for you now even though you are still capable. You may name an alternate agent to act for you if your first choice is not willing, able or reasonably available to make decisions for you. Unless related to you, your agent may not be an owner, operator, or employee of a residential long-term health-care institution at which you are receiving care. Unless the form you sign limits the authority of your agent, your agent may make all health-care decisions for you. This form has a place for you to limit the authority of your agent. You need not limit the authority of your agent if you wish to rely on your agent for all health-care decisions that may have to be made. If you choose not to limit the authority of your agent, your agent will have the right to: (a) Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition; (b) Select or discharge health-care providers and institutions; (c) Approve or disapprove diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; and (d) Direct the provision, withholding, or withdrawal of artificial nutrition and hydration and all other forms of health care. Part 2 of this form lets you give specific instructions about any aspect of your health care. Choices are provided for you to express your wishes regarding the provision, withholding, or withdrawal of treatment to keep you alive, including the provision of artificial nutrition and hydration, as well as the provision of pain relief. Space is provided for you to add to the choices you have made or for you to write out any additional wishes. Part 3 of this form lets you designate a physician to have primary responsibility for your health care. Part 4 of this form lets you authorize the donation of your organs at your death, and declares that this decision will supersede any decision by a member of your family. After completing this form, sign and date the form at the end and have the form witnessed by one of the two alternative methods listed below. Give a copy of the signed and completed form to your physician, to any other health-care providers you may have, to any health-care institution at which you are receiving care, and to any health-care agents you have named. You should talk to the person you have named as agent to make sure that he or she understands your wishes and is willing to take the responsibility. You have the right to revoke this advance health-care directive or replace this form at any time. PART 1 POWER OF ATTORNEY FOR HEALTH CARE (1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health-care decisions for me: (name of individual you choose as agent) (address) (city) (state) (zip code) (home phone) (work phone) OPTIONAL: If I revoke my agent’s authority or if my agent is not willing, able, or reasonably available to make a health-care decision for me, I designate as my first alternate agent: (name of individual you choose as first alternate agent) (address) (city) (state) (zip code) (home phone) (work phone) OPTIONAL: If I revoke the authority of my agent and first alternate agent or if neither is willing, able, or reasonably available to make a health-care decision for me, I designate as my second alternate agent: (name of individual you choose as second alternate agent) (address) (city) (state) (zip code) (home phone) (work phone) (2) AGENT’S AUTHORITY: My agent is authorized to make all health-care decisions for me, including decisions to provide, withhold, or withdraw artificial nutrition and hydration, and all other forms of health care to keep me alive, except as I state here: (Add additional sheets if needed.) (3) WHEN AGENT’S AUTHORITY BECOMES EFFECTIVE: My agent’s authority becomes effective when my primary physician determines that I am unable to make my own health-care decisions unless I mark the following box. If I mark this box [ ], my agent’s authority to make health-care decisions for me takes effect immediately. (4) AGENT’S OBLIGATION: My agent shall make health-care decisions for me in accordance with this power of attorney for health care, any instructions I give in Part 2 of this form, and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent shall make health-care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent. (5) NOMINATION OF GUARDIAN: If a guardian of my person needs to be appointed for me by a court, I nominate the agent designated in this form. If that agent is not willing, able, or reasonably available to act as guardian, I nominate the alternate agents whom I have named, in the order designated. PART 2 INSTRUCTIONS FOR HEALTH CARE If you are satisfied to allow your agent to determine what is best for you in making end-of-life decisions, you need not fill out this part of the form. If you do fill out this part of the form, you may strike any wording you do not want. (6) END-OF-LIFE DECISIONS: I direct that my health-care providers and others involved in my care provide, withhold or withdraw treatment in accordance with the choice I have marked below: [ ] (a) Choice Not To Prolong Life I do not want my life to be prolonged if (i) I have an incurable and irreversible condition that will result in my death within a relatively short time, (ii) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, or (iii) the likely risks and burdens of treatment would outweigh the expected benefits, or [ ] (b) Choice To Prolong Life I want my life to be prolonged as long as possible within the limits of generally accepted health care standards. (7) ARTIFICIAL NUTRITION AND HYDRATION: Artificial nutrition and hydration must be provided, withheld or withdrawn in accordance with the choice I have made in paragraph (6) unless I mark the following box. If I mark this box [ ], artificial nutrition and hydration must be provided regardless of my condition and regardless of the choice I have made in paragraph (6). (8) RELIEF FROM PAIN: Except as I state in the following space, I direct that treatment for alleviation of pain or discomfort be provided at all times, even if it hastens my death: (9) OTHER WISHES: (If you do not agree with any of the optional choices above and wish to write your own, or if you wish to add to the instructions you have given above, you may do so here.) I direct that: (Add additional sheets if needed.) PART 3 PRIMARY PHYSICIAN (OPTIONAL) (10) I designate the following physician as my primary physician: (name of physician) (address) (city) (state) (zip code) (phone) OPTIONAL: If the physician I have designated above is not willing, able, or reasonably available to act as my primary physician, I designate the following physician as my primary physician: (name of physician) (address) (city) (state) (zip code) (phone) (11) EFFECT OF COPY: A copy of this form has the same effect as the original. (12) SIGNATURES: Sign and date the form here: (date) (sign your name) (address) (print your name) (city) (state) PART 4 CERTIFICATE OF AUTHORIZATION FOR ORGAN DONATION (OPTIONAL) I, the undersigned, this day of , 20, desire that my organ(s) be made available after my demise for: (a) Any licensed hospital, surgeon or physician, for medical education, research, advancement of medical science, therapy or transplantation to individuals; (b) Any accredited medical school, college or university engaged in medical education or research, for therapy, educational research or medical science purposes or any accredited school of mortuary science; (c) Any person operating a bank or storage facility for blood, arteries, eyes, pituitaries, or other human parts, for use in medical education, research, therapy or transplantation to individuals; (d) The donee specified below, for therapy or transplantation needed by him or her, do donate my for that purpose to (name) at (address). I authorize a licensed physician or surgeon to remove and preserve for use my for that purpose. I specifically provide that this declaration shall supersede and take precedence over any decision by my family to the contrary. Witnessed this day of , 20. (donor) (address) (telephone) (witness) (witness) (13) WITNESSES: This power of attorney will not be valid for making health-care decisions unless it is either (a) signed by two (2) qualified adult witnesses who are personally known to you and who are present when you sign or acknowledge your signature; or (b) acknowledged before a notary public in the state. ALTERNATIVE NO. 1 Witness I declare under penalty of perjury pursuant to that the principal is personally known to me, that the principal signed or acknowledged this power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document, and that I am not a health-care provider, nor an employee of a health-care provider or facility. I am not related to the principal by blood, marriage or adoption, and to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law. Section 97-9-61, Mississippi Code of 1972, (date) (signature of witness) (address) (printed name of witness) (city) (state) Witness I declare under penalty of perjury pursuant to that the principal is personally known to me, that the principal signed or acknowledged this power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document, and that I am not a health-care provider, nor an employee of a health-care provider or facility. Section 97-9-61, Mississippi Code of 1972, (date) (signature of witness) (address) (printed name of witness) (city) (state) ALTERNATIVE NO. 2 State of County of On this day of , in the year , before me, (insert name of notary public) appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under the penalty of perjury that the person whose name is subscribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence. Notary Seal (Signature of Notary Public) Click to view

Miss. Code Ann. § 41-41-211 Surrogates.

A surrogate may make a health-care decision for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity and no agent or guardian has been appointed or the agent or guardian is not reasonably available. An adult or emancipated minor may designate any individual to act as surrogate by personally informing the supervising health-care provider. In the absence of a designation, or if the designee is not reasonably available, any member of the following classes of the patient’s family who is reasonably available, in descending order of priority, may act as surrogate: The spouse, unless legally separated; An adult child; A parent; or An adult brother or sister. If none of the individuals eligible to act as surrogate under subsection (2) is reasonably available, an adult who has exhibited special care and concern for the patient, who is familiar with the patient’s personal values, and who is reasonably available may act as surrogate. A surrogate shall communicate his or her assumption of authority as promptly as practicable to the members of the patient’s family specified in subsection (2) who can be readily contacted. If more than one (1) member of a class assumes authority to act as surrogate, and they do not agree on a health-care decision and the supervising health-care provider is so informed, the supervising health-care provider shall comply with the decision of a majority of the members of that class who have communicated their views to the provider. If the class is evenly divided concerning the health-care decision and the supervising health-care provider is so informed, that class and all individuals having lower priority are disqualified from making the decision. A surrogate shall make a health-care decision in accordance with the patient’s individual instructions, if any, and other wishes to the extent known to the surrogate. Otherwise, the surrogate shall make the decision in accordance with the surrogate’s determination of the patient’s best interest. In determining the patient’s best interest, the surrogate shall consider the patient’s personal values to the extent known to the surrogate. A health-care decision made by a surrogate for a patient is effective without judicial approval. An individual at any time may disqualify another, including a member of the individual’s family, from acting as the individual’s surrogate by a signed writing or by personally informing the supervising health-care provider of the disqualification. A surrogate may not be an owner, operator, or employee of a residential long-term health-care institution at which the patient is receiving care unless related to the patient by blood, marriage, or adoption, except in the case of a patient of a state-operated facility who has no person listed in subsection (2) reasonably available to act as a surrogate. A supervising health-care provider may require an individual claiming the right to act as surrogate for a patient to provide a written declaration under penalty of perjury stating facts and circumstances reasonably sufficient to establish the claimed authority.

Miss. Code Ann. § 41-41-213 Guardians and wards.

A guardian shall comply with the ward’s individual instructions and may not revoke the ward’s advance health-care directive unless the appointing court expressly so authorizes. Absent a court order to the contrary, a health-care decision of an agent takes precedence over that of a guardian. A health-care decision made by a guardian for the ward is effective without judicial approval.

Miss. Code Ann. § 41-41-215 Health-care provider or institution responsibilities.

Before implementing a health-care decision made for a patient, a supervising health-care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision. A supervising health-care provider who knows of the existence of an advance health-care directive, a revocation of an advance health-care directive, or a designation or disqualification of a surrogate, shall promptly record its existence in the patient’s health-care record and, if it is in writing, shall request a copy and if one is furnished shall arrange for its maintenance in the health-care record. A primary physician who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists which affects an individual instruction or the authority of an agent, guardian, or surrogate, shall promptly record the determination in the patient’s health-care record and communicate the determination to the patient, if possible, and to any person then authorized to make health-care decisions for the patient. Except as provided in subsections (5) and (6), a health-care provider or institution providing care to a patient shall: Comply with an individual instruction of the patient and with a reasonable interpretation of that instruction made by a person then authorized to make health-care decisions for the patient; and Comply with a health-care decision for the patient made by a person then authorized to make health-care decisions for the patient to the same extent as if the decision had been made by the patient while having capacity. A health-care provider may decline to comply with an individual instruction or health-care decision for reasons of conscience. A health-care institution may decline to comply with an individual instruction or health-care decision if the instruction or decision is contrary to a policy of the institution which is expressly based on reasons of conscience and if the policy was timely communicated to the patient or to a person then authorized to make health-care decisions for the patient. A health-care provider or institution may decline to comply with an individual instruction or health-care decision that requires medically ineffective health care or health care contrary to generally accepted health-care standards applicable to the health-care provider or institution. A health-care provider or institution that declines to comply with an individual instruction or health-care decision shall: Promptly so inform the patient, if possible, and any person then authorized to make health-care decisions for the patient; Provide continuing care to the patient until a transfer can be effected; and Unless the patient or person then authorized to make health-care decisions for the patient refuses assistance, immediately make all reasonable efforts to assist in the transfer of the patient to another health-care provider or institution that is willing to comply with the instruction or decision. A health-care provider or institution may not require or prohibit the execution or revocation of an advance health-care directive as a condition for providing health care. If the patient who is an adult or emancipated minor has been determined by the primary physician to lack capacity to make a health-care decision and an agent, guardian or surrogate is not reasonably available, consent may be given by an owner, operator or employee of a residential long-term health-care institution at which the patient is a resident if there is no advance health-care directive to the contrary and a licensed physician who is not an owner, operator or employee of the residential long-term health-care institution at which the patient is a resident has determined that the patient is in need of health care. This power to consent is limited to the terms of this subsection (9) and shall not be construed to repeal or otherwise affect the prohibition of Section 41-41-211(9) relating to owners, operators, or employees of long-term health-care institutions. The consent given pursuant to this subsection shall be limited to the health-care services determined necessary by the licensed physician and shall in no event include the power to consent to or direct withholding or discontinuing any life support, nutrition, hydration or other treatment, care or support. When consent is obtained under this subsection, compliance with these requirements shall be stated in the patient’s health-care record.

Miss. Code Ann. § 41-41-217 Rights to disclosure of medical and health-care information.

Unless otherwise specified in an advance health-care directive, a person then authorized to make health-care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health-care information.

Miss. Code Ann. § 41-41-219 Health-care provider or institution liability and discipline.

A health-care provider or institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for: Complying with a health-care decision of a person apparently having authority to make a health-care decision for a patient, including a decision to withhold or withdraw health care; Declining to comply with a health-care decision of a person based on a belief that the person then lacked authority; or Complying with an advance health-care directive and assuming that the directive was valid when made and has not been revoked or terminated. An individual acting as agent or surrogate under Sections 41-41-201 through 41-41-229 is not subject to civil or criminal liability or to discipline for unprofessional conduct for health-care decisions made in good faith.

Miss. Code Ann. § 41-41-221 Liability for intentional violations and fraudulent inducements.

A health-care provider or institution that intentionally violates Sections 41-41-201 through 41-41-229 is subject to liability to the aggrieved individual for damages of Five Hundred Dollars ($500.00) or actual damages resulting from the violation, whichever is greater, plus reasonable attorney’s fees. A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual’s advance health-care directive or a revocation of an advance health-care directive without the individual’s consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give an advance health-care directive, is subject to liability to that individual for damages of Twenty-five Hundred Dollars ($2,500.00) or actual damages resulting from the action, whichever is greater, plus reasonable attorney’s fees.

Miss. Code Ann. § 41-41-223 Construction of provisions and presumed capacity.

Sections 41-41-201 through 41-41-229 do not affect the right of an individual to make health-care decisions while having capacity to do so. An individual is presumed to have capacity to make a health-care decision, to give or revoke an advance health-care directive, and to designate or disqualify a surrogate.

Miss. Code Ann. § 41-41-225 Copies have same effect as originals.

A copy of a written advance health-care directive, revocation of an advance health-care directive, or designation or disqualification of a surrogate has the same effect as the original.

Miss. Code Ann. § 41-41-227 Construction and application of provisions.

Sections 41-41-201 through 41-41-229 do not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health-care directive. Death resulting from the withholding or withdrawal of health care in accordance with Sections 41-41-201 through 41-41-229 does not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit, notwithstanding any term of the policy or annuity to the contrary. Sections 41-41-201 through 41-41-229 do not authorize mercy killing, assisted suicide, euthanasia, or the provision, withholding, or withdrawal of health care, to the extent prohibited by other statutes of this state. Sections 41-41-201 through 41-41-229 do not authorize or require a health-care provider or institution to provide health care contrary to generally accepted health-care standards applicable to the health-care provider or institution. Sections 41-41-201 through 41-41-229 do not authorize an agent or surrogate to consent to the admission of an individual to a mental health-care institution unless the individual’s written advance health-care directive expressly so provides. Sections 41-41-201 through 41-41-229 do not affect other statutes of this state governing treatment for mental illness of an individual involuntarily committed to a mental health-care institution. Sections 41-41-201 through 41-41-229 do not apply to Sections 41-41-31 through 41-41-39, which govern the performance of abortions, or Sections 41-41-51 through 41-41-63, which govern the performance of abortions upon minors.

Miss. Code Ann. § 41-41-229 Equitable relief; Rules of Civil Procedure applicable.

On petition of a patient, the patient’s agent, guardian, or surrogate, a health-care provider or institution involved with the patient’s care, or an individual described in Section 41-41-211(2) or (3), any court of competent jurisdiction may enjoin or direct a health-care decision or order other equitable relief. A proceeding under this section shall be governed by the Mississippi Rules of Civil Procedure.

Miss. Code Ann. § 41-41-301 Short title.

Sections 41-41-301 through 41-41-303 shall be known and may be cited as the “Mississippi Physician Order for Sustaining Treatment (POST) Act.”

Miss. Code Ann. § 41-41-302 Physician order for sustaining treatment.

A physician order for sustaining treatment (POST) directing health care in the standardized form provided by this section may be executed by the primary physician of an individual and: The individual, if an adult or emancipated minor with capacity; or The agent, guardian, or surrogate having authority to make health care decisions on behalf of the individual if the individual is: An unemancipated minor; or An adult or emancipated minor who lacks capacity. The physician order for sustaining treatment shall be executed, implemented, reviewed, and revoked in accordance with the instructions on the form. The State Board of Medical Licensure shall promulgate a standardized physician order for sustaining treatment form in accordance with the provisions in this section, adhering to the sequence in those provisions and using checkboxes to indicate the various alternatives.The board shall consult with appropriate professional and advocacy organizations in developing the physician order for sustaining treatment form, including the Mississippi Hospital Association, the Mississippi State Medical Association, Mississippians for Emergency Medical Services, the Mississippi Health Care Association, the Mississippi Independent Nursing Home Association, the Louisiana-Mississippi Hospice and Palliative Care Organization, Disability Rights Mississippi,Mississippi Right to Life, the Mississippi Bar Association and the Mississippi Section of American Congress of Obstetricians and Gynecologists. The physician order for sustaining treatment form shall begin with an introductory section containing the name “POST, Physician Orders for Sustaining Treatment,” the patient’s name, patient’s date of birth, the effective date of the form followed by the statement “Form must be reviewed at least annually.”, and containing the statements “HIPAA permits disclosure of POST to other health care professionals as necessary” and “This document is based on this person’s current medical condition and wishes and is to be reviewed for potential replacement in the case of a substantial change in either.Any section not completed indicates preference for full treatment for that section.” Section A of the form shall direct provision or withholding of cardiopulmonary resuscitation to the patient when he or she has no pulse and is not breathing by selecting one (1) of the following: Attempt Resuscitation (CPR); or Do Not Attempt Resuscitation (DNR); andinclude the statement “When not in cardiopulmonary arrest, follow orders in B, C, and D.” Section B of the form shall direct the sustaining treatment when the patient has a pulse or is breathing by selecting one (1) of the following: Full Sustaining Treatment, including the use of intubation, advanced airway interventions, mechanical ventilation, defibrillation or cardio version as indicated, medical treatment, intravenous fluids, and comfort measures.This option shall include the statement “Transfer to a hospital if indicated.Includes intensive care.Treatment Plan:Full treatment including life support measures”; Limited Interventions, including the use of medical treatment, oral and intravenous medications, intravenous fluids, cardiac monitoring as indicated, noninvasive bi-level positive airway pressure, a bag valve mask, and comfort measures.This option excludes the use of intubation or mechanical ventilation. This option shall include the statement “Transfer to a hospital if indicated.Avoid intensive care.Treatment Plan: Provide basic medical treatments”; or Comfort Measures, including keeping the patient clean, warm, and dry; use of medication by any route; positioning, wound care, and other measures to relieve pain and suffering; and the use of oxygen, suction, and manual treatment of airway obstruction as needed for comfort.This option shall include the statement “Do not transfer to a hospital unless comfort needs cannot be met in the patient’s current location (e.g., hip fracture),” and include a space for other instructions. Section C of the form shall direct the use of oral and intravenous antibiotics by selecting one (1) of the following: Antibiotics if life can be sustained; Determine use or limitation of antibiotics when infection occurs; Use antibiotics only to relieve pain and discomfort; and include a space for other instructions. Section D of the form, which shall have the heading “Medically Administered Fluids and Nutrition:Administer oral fluids and nutrition if physically possible,” shall include the following options: 1. Total parenteral nutrition long-term if indicated; 2. Total parenteral nutrition for a defined trial period, which option shall be followed by “Goal:” and a blank line; or 3. No parenteral nutrition; 1. Long-term feeding tube if indicated; 2. Feeding tube for a defined trial period, which option shall be followed by “Goal:” and a blank line; or 3. No feeding tube; and shall include a space for other instructions; or Directing the administration of nutrition into blood vessels if physically feasible as determined in accordance with reasonable medical judgment by selecting one (1) of the following: Directing the administration of nutrition by tube if physically feasible as determined in accordance with reasonable medical judgment by selecting one (1) of the following: Directing the administration of hydration, if physically feasible as determined in accordance with reasonable medical judgment, by selecting one (1) of the following: 1. Long-term intravenous fluids if indicated; 2. Intravenous fluids for a defined trial period, which option shall be followed by “Goal:” and a blank line; or 3. Intravenous fluids only to relieve pain and discomfort. Section E of the form, which shall have the heading “Patient Preferences as a Basis for this POST Form,” shall include the following: 1. Minor’s guardian or custodian; 2. Minor’s parent; 3. Adult brother or sister of the minor; 4. Minor’s grandparent; or 5. Adult who has exhibited special care and concern for minor; and A direction to indicate whether or not the patient has an advance health-care directive as defined in Section 41-41-203 and if so, the date of the advance directive’s execution, and, a certification that the physician order for sustaining treatment is in accordance with the advance directive, followed by the printed name, position, and signature of an individual so certifying; If the patient is an unemancipated minor, an indication of by which one or more of the following directions were given in accordance with Section 41-41-3: If the patient is an adult or an emancipated minor, by which one or more of the following directions were given in accordance with Section 41-41-205, 41-41-211 or 41-41-213: 1. Patient; 2. Agent authorized by patient’s power of attorney for health care; 3. Guardian of the patient; 4. Surrogate designated by patient; 5. Spouse of patient (if not legally separated); 6. Adult child of the patient; 7. Parent of the patient; 8. Adult brother or sister of the patient; or 9. Adult who has exhibited special care and concern for the patient and is familiar with the patient’s values. A signature portion of the form, which shall include lines for the printed name, signature, and date of signing for: The patient’s primary physician; The individual or individuals described in paragraph (e)(ii) or (iii) of this subsection; and The health care professional preparing the form, if other than the patient’s primary physician, with contact information. A section entitled “Information for patient or representative of patient named on this form,” which shall include the following language: “The POST form is always voluntary and is usually for persons with advancedillness. POST records your wishes for medical treatment in your current state of health. Once initial medical treatment is begun and the risks and benefits of further therapy are clear, your treatment wishes may change. Your medical care and this form can be changed to reflect your new wishes at any time. However, no form can address all the medical treatment decisions that may need to be made. An advance health-care directive is recommended for all capable adults and emancipated minors, regardless of their health status. An advance directive allows you to document in detail your future health care instructions and/or name a health-care agent to speak for you if you are unable to speak for yourself. If this formis for a minor for whom you are authorized to make health-care decisions,you may not direct denial of medical treatment in a manner that wouldmake the minor a ‘neglected child’ under Section 43-21-105, Mississippi Code of 1972, or otherwise violate the child abuse and neglect lawsof Mississippi.In particular, you may not direct the withholdingof medically indicated treatment from a disabled infant with life-threateningconditions, as those terms are defined in 42 USCS Section 5106g orregulations implementing it and 42 USCS Section 5106a.”. A section entitled “Directions for Completing and Implementing Form,” which shall include the following four (4) subdivisions: The first subdivision, entitled “Completing POST,” shall have the following language: POST must be reviewed and prepared in consultation with the patient or the patient’s representative. POST must be reviewed and signed by a physician to be valid. Be sure to document the basis for concluding the patient had or lacked capacity at the time of execution of the form in the patient’s medical record. The signature of the patient or the patient’s representative is required; however, if the patient’s representative is not reasonably available to sign the original form, a copy of the completed form with the signature of the patient’s representative must be placed in the medical record as soon as practicable and “onfile” must be written on the appropriate signature on this form. Use of original form is required. Be sure to send the original form with the patient. There is no requirement that a patient have a POST. If a health care provider or facility is unwilling to comply with the orders due to policy or personal objections, the provider or facility must not impede transfer of the patient to another provider or facility willing to implement the orders and must provide at least requested care in the meantime unless, in reasonable medical judgment, denial of requested care would not result in or hasten the patient’s death. If a minor protests a directive to deny the minor life-preserving medical treatment, the denial of treatment may not be implemented pending issuance of a judicial order resolving the conflict. This POST must be reviewed at least annually or earlier if; The patient is admitted or discharged from a health care facility; There is a substantial change in the patient’s health status; or The patient’s treatment preferences change. If POST is revised or becomes invalid, draw a line through Sections A-E and write “VOID” in large letters. This POST may be revoked by the patient or the patient’s representative. The second subdivision, entitled “Implementing POST,” shall have the following language: The third subdivision, entitled “Reviewing POST,” shall have the following language: The fourth subdivision, entitled “Revocation of POST,” shall have the following language: A section entitled “Review of POST,” which shall include the following columns and a number of rows determined by the State Board of Medical Licensure: Review Date; Reviewer and Location of Review; MD/DO Signature (Required); and Signature of Patient or Representative (Required). A section entitled “Outcome of Review,” which shall include descriptions of the outcome in each row by selecting one (1) of the following: No Change; FORM VOIDED, new form completed; or FORM VOIDED, no new form.

Miss. Code Ann. § 41-41-303 Immunity, liability, penalties and equitable relief.

A physician or health-care provider acting in good faith and in accordance with generally accepted health-care standards applicable to the physician or health-care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for: Executing a physician order for sustaining treatment in compliance with a health-care decision of a person apparently having authority to make a health-care decision for a patient, including a decision to provide, withhold or withdraw health care; Declining to execute a physician order for sustaining treatment in compliance with a health-care decision of a person based on a belief that the person then lacked authority; or Complying with an apparently valid physician order for sustaining treatment on the assumption that the order was valid when made and has not been revoked or terminated. A health-care provider or institution that intentionally violates Section 41-41-302 is subject to liability to the aggrieved individual for damages of Five Hundred Dollars ($500.00) or actual damages resulting from the violation, whichever is greater, plus reasonable attorney’s fees. A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual’s physician order for sustaining treatment or a revocation of a physician order for sustaining treatment without the individual’s consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give a physician order for sustaining treatment, is subject to liability to that individual for damages of Twenty-five Hundred Dollars ($2,500.00) or actual damages resulting from the action, whichever is greater, plus reasonable attorney’s fees. On petition of a patient, the patient’s agent, guardian, or surrogate, a health-care provider or institution involved with the patient’s care, or surrogate for the patient as described in Section 41-41-211(2) or (3), any court of competent jurisdiction may enjoin or direct a health-care decision related to a physician order for scope of treatment, or order other equitable relief. A proceeding under this section shall be governed by the Mississippi Rules of Civil Procedure.