Mississippi Code

Miss. Code Ann. § 41-41-34 (2026)

Performance of fetal ultrasound imaging and auscultation of fetal heart tone services required before abortion; patient to be offered opportunity to view ultrasound image and hear heartbeat; patient to sign certification form acknowledging being given that opportunity; physician to retain copy of signed certification form

✓ current as of July 2026

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(1) Before the performance of an abortion, as defined in Section 41-41-45, the physician who is to perform the abortion, or a qualified person assisting the physician, shall:
- (a) Perform fetal ultrasound imaging and auscultation of fetal heart tone services on the patient undergoing the abortion;
- (b) Offer to provide the patient with an opportunity to view the active ultrasound image of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible;
- (c) Offer to provide the patient with a physical picture of the ultrasound image of the unborn child;
- (d) Obtain the patient's signature on a certification form stating that the patient has been given the opportunity to view the active ultrasound image and hear the heartbeat of the unborn child if the heartbeat is audible, and that she has been offered a physical picture of the ultrasound image; and
- (e) Retain a copy of the signed certification form in the patient's medical record.

(2) The State Department of Health shall enforce the requirements of this section.

(3) An ultrasound image must be of a quality consistent with standard medical practice in the community, shall contain the dimensions of the unborn child and shall accurately portray the presence of external members and internal organs, if present or viewable, of the unborn child.

Laws, 2007, ch. 441, § 3, eff. 7/1/2007.

Notes of Decisions

Cited in 2 cases, 2019–2019 · leading case: EMW Women's Surgical Ctr. v. Andrew Beshear, 920 F.3d 421 (6th Cir. 2019).

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EMW Women's Surgical Ctr. v. Andrew Beshear, 920 F.3d 421 (6th Cir. 2019). “2d 206 , 212 (Iowa 2018) (holding 72-hour waiting period was an undue burden ); Miss. Code § 41-41-34 ; Va. Code § 18.2-76.”

EMW Women's Surgical Ctr. v. Andrew Beshear (6th Cir. 2019). “2d 206, 212 (Iowa 2018) (holding 72-hour waiting period was an undue burden); Miss. Code § 41-41-34; Va. Code § 18.2-76.”

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