2019 Mississippi Code
Title 41 - Public Health
Chapter 41 - Surgical or Medical Procedures; Consents
Women’s Health Defense Act of 2013
§ 41-41-105. Definitions

(a) “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).

(b) “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:

• (i) Save the life of the mother;

• (ii) Save the life or preserve the health of the unborn child;

• (iii) Remove a dead unborn child caused by spontaneous abortion;

• (iv) Remove an ectopic pregnancy;

• (v) Prevent hemorrhaging by the pregnant woman; or

• (vi) Treat a maternal disease or illness other than pregnancy for which the prescribed drug is indicated.

(c) “Department” means the State Department of Health.

(d) “LMP” or “gestational age” means the time that has elapsed since the first day of the woman’s last menstrual period.

(e) “Physician” means any medical doctor (M.D.) or osteopathic doctor (D.O.) licensed to practice medicine in this state.

(f) “Pregnant” or “pregnancy” means the female reproductive condition of having an unborn child in the woman’s uterus.

(g) “Unborn child” means the offspring of human beings from conception until birth.