June 10, 2014, Introduced by Reps. Hooker, Kurtz, Rendon, Genetski, Heise, Zorn, Lauwers, Johnson, Haveman, Olumba, Potvin, Outman, Yonker, Goike, Muxlow, McMillin and Callton and referred to the Committee on Health Policy.


     A bill to amend 1931 PA 328, entitled


"The Michigan penal code,"


(MCL 750.1 to 750.568) by adding section 90i.




     Sec. 90i. (1) Except as provided in this section, a physician


shall not perform an abortion on a pregnant woman who is carrying a


fetus whose heartbeat has been detected in the test required under


section 17015b of the public health code, 1978 PA 368, MCL




     (2) It is not a violation of subsection (1) if any of the


following apply:


     (a) In the physician's reasonable medical judgment,


performance of an abortion is necessary to save the life of a


mother whose life is endangered by a physical disorder, physical


illness, or physical injury. A physician who performs an abortion


under this subdivision shall declare in writing, under penalty of


perjury, that the abortion is necessary in the physician's


reasonable medical judgment to prevent the death of the pregnant


woman. The physician shall place the written declaration in the


pregnant woman's medical record.


     (b) The physician has performed an examination for the


presence of a fetal heartbeat utilizing standard medical practice


and the examination does not reveal a fetal heartbeat.


     (c) The physician has been informed by another physician who


has performed the examination for a fetal heartbeat that the


examination did not reveal a fetal heartbeat.


     (3) This section does not prohibit the sale, use,


prescription, or administration of a device, drug, or chemical


designed for contraceptive purposes.


     (4) A person who violates subsection (1) is guilty of a felony


punishable by imprisonment for not more than 4 years or a fine of


not more than $50,000.00, or both.


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


     (6) Notwithstanding any other provision of this section, a


person shall not perform an abortion that is prohibited by law.


     (7) Nothing in this section shall be construed to repeal or


amend, explicitly or by implication, any provision of law


prohibiting or regulating abortion, including, but not limited to,


section 14, 15, 322, or 323.


     (8) As used in this section:


     (a) "Abortion" means that term as defined in section 17015 of


the public health code, 1978 PA 368, MCL 333.17015.


     (b) "Physician" means an individual licensed by this state to


engage in the practice of medicine or the practice of osteopathic


medicine and surgery under article 15 of the public health code,


1978 PA 368, MCL 333.16101 to 333.18838.


     Enacting section 1. This amendatory act does not take effect


unless Senate Bill No.____ or House Bill No. 5643 (request no.


03558'13 *) of the 97th Legislature is enacted into law.