Section 41-41-405 - DefinitionsAs used in Sections 41-41-401 through 41-41-419.
(a) "Abortion" means the use or prescription of an instrument, medicine, drug, or other substance or device with the intent to terminate a clinically diagnosable pregnancy for reasons other than to increase the probability of a live birth, to preserve the life or health of the unborn human being, to terminate an ectopic pregnancy, or to remove a dead unborn human being.(b) "Attempt to perform or induce an abortion" means to do or omit anything that, under the circumstances as the person believes them to be, is an act or omission that constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in violation of this section.(c) "Because of race" means on account of the actual or presumed race or racial makeup of the unborn human being.(d) "Because of the presence of a genetic abnormality" means on account of the presence or presumed presence of an abnormal gene expression in the unborn human being, including, but not limited to, chromosomal disorders or morphological malformations occurring as the result of defective gene expression.(e) "Because of sex" means on account of the actual or presumed sex of the unborn human being.(f) "Conception" means the fusion of human spermatozoon with a human ovum.(g) "Department" means the Mississippi State Department of Health.(h) "Human being" means an individual member of the species Homo sapiens, from and after the point of conception.(i) "Major bodily function" includes, but is not limited to, functions of the immune system, normal cell growth, and bladder, bowel, brain, circulatory, digestive, endocrine, neurological, reproductive, and respiratory functions.(j) "Medical emergency" means a condition in which, on the basis of the physician's good-faith clinical judgment, an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition arising from the pregnancy itself, or when the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function.(k) "Physician" or "referring physician" means a person licensed to practice medicine in the State of Mississippi.Added by Laws, 2020, ch. 434, HB 1295,§ 3, eff. 7/1/2020.