Mississippi Women’s Health Defense Act of 2013 (SB 2795)
This law was last updated on Oct 16, 2014
SB 2795 prohibits dispensing abortion-inducing drugs (mifepristone-misoprostol regimen) by anyone other than a physician and requires that the administration of the drugs follow the “standard of care.”
Notably–and unlike SB 2795’s failed companion bill HB 897–the law does not require the physician to follow FDA protocols as outlined on the final printed label of the abortion-inducing drug. The law does not define “standard of care.”
The bill also requires the physician administering the drug to first examine the woman and document, in the woman’s medical chart, gestational age and intrauterine location of the pregnancy before administering the abortion-inducing drug.
Every pregnant woman to whom a physician administers any abortion-inducing drug must be provided with a copy of the drug’s label.
If the physician is unable to provide follow-up care, the physician is required to have a signed contract with a physician who agrees to handle complications and must be able to produce that signed contract on demand by the patient or by the Department of Health. The physician also is required to provide the pregnant woman with the name and phone number of the physician who will be handling emergencies, and the hospital at which any emergencies will be handled.
The physician who contracts to handle emergencies must have active admitting privileges and gynecological/surgical privileges at the hospital designated to handle any emergencies associated with the use or ingestion of the abortion-inducing drug.
Physician Reporting Requirements
The bill requires physicians to report medical abortions to the State Department of Health. In addition, if the physician knows that the woman experienced an “adverse event,” the physician has to report it to the FDA through the MedWatch Reporting System not later than the third day after the date the physician learns of the occurrence.
A violation of this provision is a misdemeanor. All remedies under statutory law are availabe for failure to comply with this provision. No civil or criminal penalties may be assessed against the pregnant woman upon whom the drug-induced abortion is performed.
Companion bill to HB 897.