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Mississippi Health-Care Provider Refusal Clause (§ 41-41-215)

This law was last updated on Dec 6, 2016


This law is Anti–Choice

State

Mississippi

Number

Miss. Code Ann. §§ 41-41-215

Status

Current

Topics

Conscience and Refusal Clauses, Religious Freedom

Full Bill Text

law.justia.com

Mississippi law allows a health-care provider to 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 that declines to comply must do the following:

  • 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
  • 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.

The law, enacted in 1998, does not require refusing entities to provide referrals to patients seeking specific health-care instructions.

Related Legislation

Similar to Mississippi Code Section 41-107-1 to -13.