HOUSE BILL No. 5134

 

October 27, 2011, Introduced by Reps. Jenkins, Kurtz, Rendon, Outman, LaFontaine, Shaughnessy, Kowall, Callton, Cotter, Somerville, MacMaster, Horn, Jacobsen, McBroom, McMillin, Johnson and Price and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 17515 (MCL 333.17515), as added by 1993 PA 133

 

and by adding section 17015a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17015a. (1) If a patient schedules an appointment for an

 

abortion after receiving the information required under section

 

17015(3), the physician or qualified person assisting the physician

 

shall orally screen the patient for coercion to abort and domestic

 

violence using the screening tools developed by the department

 

under section 17015(11).

 

     (2) If a patient discloses that she is the victim of domestic

 

violence that does not include coercion to abort, the physician or

 

qualified person assisting the physician shall follow the protocols

 


developed by the department under section 17015(11).

 

     (3) If a patient discloses coercion to abort, the physician or

 

qualified person assisting the physician shall follow the protocols

 

developed by the department under section 17015(11) and shall do

 

all of the following:

 

     (a) Inform the patient that coercion of her to seek an

 

abortion is illegal and is also grounds for a civil action under

 

which she may receive financial compensation for her damages.

 

     (b) Postpone the performance of the abortion for at least 24

 

hours after the coercion is disclosed under this subsection.

 

     (4) If a patient who discloses coercion to abort under

 

subsection (3) returns to the physician seeking an abortion after

 

the time period required under subsection (3)(b) has elapsed, the

 

physician may, after obtaining the patient's signature on the

 

acknowledgment and consent form as required under section 17015,

 

perform the abortion.

 

     (5) If a patient who is under the age of 18 discloses domestic

 

violence or coercion to abort, the physician or qualified person

 

assisting the physician shall report that fact to a local child

 

protective services office.

 

     (6) A private office, freestanding surgical outpatient

 

facility, or other facility or clinic in which abortions are

 

performed shall post in a conspicuous place in an area of its

 

facility that is accessible to patients, employees, and visitors

 

the notice described in section 17015(11)(i). A private office,

 

freestanding surgical outpatient facility, or other facility or

 

clinic in which abortions are performed shall make available in an

 


area of its facility that is accessible to patients, employees, and

 

visitors publications that contain information about violence

 

against women.

 

     (7) This section does not create a right to abortion.

 

Notwithstanding any other provision of this section, a person shall

 

not perform an abortion that is prohibited by law.

 

     Sec. 17515. A physician, before performing an abortion on a

 

patient, shall comply with section sections 17015 and 17015a.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2012.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 96th Legislature are

 

enacted into law:

 

     (a) House Bill No. 4798.

 

     (b) House Bill No. 4799.

 

     (c) Senate Bill No.____ or House Bill No.____ (request no.

 

03186'11).

 

     (d) Senate Bill No.____ or House Bill No.____ (request no.

 

03835'11).