Mississippi Heartbeat Abortion Ban (SB 2688)

This law was last updated on Feb 6, 2019

State

Mississippi

Number

SB 2688

Status

Failed to Pass

Proposed

Jan 21, 2019

Topics

Heartbeat Bans, Informed Consent

Full Bill Text

billstatus.ls.state.ms.us

SB 2688 would would prohibit a person from performing an abortion without first making a determination if the fetus has a detectable heartbeat. If a fetal heartbeat is detected, the person would be prohibited from performing or inducing an abortion.

A fetal heartbeat can be detected as early as six weeks of pregnancy—two weeks after a person’s first missed period—and well before many even realize that they are pregnant.

The bill would allow the State Board of Health to establish rules for the appropriate methods of performing an examination for the presence of a fetal heartbeat based on standard medical practice.

Except in the case of a medical emergency, a physician who performs an abortion on a pregnant person before determining if a fetus has a detectable heartbeat would face disciplinary action and may have their license revoked.

Informed Consent

If a fetal heartbeat is detected, the person intending to perform the abortion would be required to inform the pregnant person in writing that the fetus that has a fetal heartbeat and inform the pregnant person, to the best of the person’s knowledge, of the statistical probability of bringing the fetus to term based on the gestational age of the fetus.

The pregnant person would be required to sign a form acknowledging that they received the information.

Heartbeat Ban

The bill would prohibit a person from knowingly performing an abortion on a pregnant person with the specific intent of causing or abetting the termination of a pregnancy when a fetal heartbeat has been detected. If an abortion is performed, the physician would be required to detail the medical reason in the patient’s records.

An abortion may be performed if such a procedure is designed to or intended to prevent the death of a pregnant person or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant person.

A person who performs an abortion on a pregnant person when a fetal heartbeat has been detected and there is no medical emergency would be guilty of a misdemeanor.

Related Legislation

Similar to HB 732, HB 529, and SB 2116.

Similar to SB 2058, SB 2143, HB 226, HB 1481, and HB 1509; all of which failed to pass in 2018.

Similar to HB 1198, SB 2562, and SB 2584, all of which failed to pass in 2017.

Similar to SB 2807 (2014) and HB 6 (2013), both of which failed to pass.

Latest Action

1/21/19 – Introduced; referred to Public Health and Welfare Committee.

2/5/19 – Died in committee.