HB-5880, As Passed House, July 26, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5880

     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 ensure that the patient's request for an abortion is not the

result of intimidation or coercion by doing both of the following:

     (a) Providing the patient with a copy of the notice described

under subsection (4) and orally informing the patient that certain

actions to pressure a woman into having an abortion are illegal and

grounds for a civil action, but clarifying that discussions about

the options available, including personal or intensely emotional

expressions about such options, are not necessarily coercive and

illegal.

     (b) Asking the patient if the patient's husband, parents,

siblings, relatives, or employer, the father or putative father of

the fetus, the parents of the father or putative father of the

fetus, or any other individual in a position of authority over the

patient has threatened, intimidated, or coerced her into seeking an

abortion as prohibited under section 15a of the Michigan penal

code, 1931 PA 328, MCL 750.15a.

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

intimidation or coercion as described under subsection (1)(b), the

physician or qualified person assisting the physician shall comply

with the protocols established by the department pursuant to

section 17015(11).

     (3) In addition to the requirements of subsection (2), if a

patient who is under the age of 18 indicates that she is the victim

of intimidation or coercion, the physician or qualified person

assisting the physician shall contact a county child protective

services agency.

     (4) 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 a

notice stating that it is illegal for anyone to coerce or

intimidate a woman into seeking an abortion.

     (5) If a patient still seeks an abortion after the

requirements of subsections (1), (2), and (3), if applicable, have

been fulfilled, the physician may, after obtaining the patient's

signature on the acknowledgment and consent form as required under

section 17015, perform the abortion.

     (6) 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, 2006.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) House Bill No. 5879.

     (b) House Bill No. 5881.

     (c) House Bill No. 5882.

     (d) House Bill No. 5883.