HOUSE BILL No. 6254


     August 13, 2002, Introduced by Rep. Scranton and referred to the Committee on Family and Children Services.


        A bill to require that crisis pregnancy organizations obtain

   informed consent from women served by those organizations; and to

   provide for penalties.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 1.  For purposes of this act:

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             (a) "Crisis pregnancy organization" means a nongovernmental

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        not-for-profit agency or organization that provides services and

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        counseling to women who have unplanned or unwanted pregnancies.

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             (b) "Medically accurate" means verified or supported by

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        research conducted in compliance with scientific methods and pub-

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        lished in peer-review journals, where appropriate, and recognized

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        as accurate and objective by professional organizations and agen-

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        cies with relevant expertise in the field, such as the American

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        society of obstetricians and gynecologists.




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             Sec. 2.  Services shall not be provided to a pregnant woman

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        by any person who is employed by, a volunteer at, or in any

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        manner affiliated with a crisis pregnancy organization except

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        with the voluntary and informed consent of the pregnant woman.

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        Consent to the provision of services from a crisis pregnancy

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        organization is voluntary and informed only if all of the follow-

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        ing conditions are met, before any services are provided:

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             (a) A person employed by, a volunteer at, or in any manner

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        affiliated with the crisis pregnancy organization provides the

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        pregnant woman with the following information, orally and in

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        writing:

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             (i) A medically accurate and objective explanation of the

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        full range of options available to her regarding her pregnancy,

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        including abortion, parenting, and adoption.

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             (ii) Medically accurate and objective information on the

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        range of medical risks associated with abortion, pregnancy, and

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        childbirth.

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             (iii) That she has the right to obtain printed materials

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        listing medical clinics and hospitals that provide abortion

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        services.

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             (b) If the pregnant woman so requests, a person employed by,

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        a volunteer at, or in any manner affiliated with the crisis preg-

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        nancy organization provides her with geographically indexed,

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        printed materials that contain a comprehensive list of the medi-

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        cal clinics and hospitals that provide abortion services.

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             (c) The pregnant woman certifies in writing that the

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        information described in subdivision (a) has been provided to her



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        and that she has been informed of her right to review the printed

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        materials described in subdivision (b).

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             (d) A person employed by, a volunteer at, or in any manner

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        affiliated with the crisis pregnancy organization receives a copy

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        of the certification required in subdivision (c).

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             (e) The following notice is posted prominently at the crisis

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        pregnancy organization:  "None of our services are provided by

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        licensed medical professionals.  We do not provide information on

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        how to obtain an abortion, abortion services, or birth control

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        information.".

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             (f) The crisis pregnancy organization distributes the prena-

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        tal care and parenting pamphlet prepared by the department of

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        community health under section 9161 of the public health code,

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        1978 PA 368, MCL 333.9161.

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             Sec. 3.  A pregnant woman who receives services from a

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        person employed by, a volunteer at, or in any manner affiliated

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        with a crisis pregnancy organization who knowingly provided those

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        services in violation of this section may maintain an action

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        against the crisis pregnancy organization for actual and punitive

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        damages.

















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