§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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.
§ 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 […]
§ 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%) […]
§ 41-41-201. Short title
Sections 41-41-201 through 41-41-229 may be cited as the “Uniform Health-Care Decisions Act.”
§ 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 […]