February 28, 2007, Introduced by Rep. Caul and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2685 and 2688 (MCL 333.2685 and 333.2688).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2685. (1) A person shall not use a live human embryo,
fetus, or neonate for nontherapeutic research if, in the best
judgment of the person conducting the research, based upon the
available knowledge or information at the approximate time of the
research, the research substantially jeopardizes the life or health
of the embryo, fetus, or neonate. Nontherapeutic research shall not
in any case be performed on an embryo or fetus known by the person
conducting the research to be the subject of a planned abortion
being performed for any purpose other than to protect the life of
the mother.
(2)
For purposes of subsection (1) the embryo or fetus shall
be
is conclusively presumed not to be the subject of a
planned
abortion if the mother signed a written statement at the time of
the research, that she was not planning an abortion.
(3) As used in this section, "abortion" means the intentional
use of an instrument, drug, or other substance or device to
terminate a woman's pregnancy for a purpose other than to increase
the probability of a live birth, to preserve the life or health of
the child after live birth, or to remove a dead fetus. Abortion
does not include a procedure to complete a spontaneous abortion or
the use or prescription of a drug or device intended as a
contraceptive.
Sec. 2688. (1) A health professional or other individual shall
not knowingly perform research utilizing organs, tissues, or cells
taken from a dead embryo or fetus if the death of the embryo or
fetus was the result of an elective abortion.
(2) (1) Research may A health professional or other individual
shall not knowingly be performed upon perform research utilizing
organs, tissues, or cells taken from a dead embryo, fetus, or
neonate, the death of which was the result of a spontaneous or
nonelective abortion, unless the consent of the mother has first
been
obtained. Consent shall is not be required in the case of a
routine pathological study.
(3) (2)
For purposes of this section, consent shall be is
conclusively presumed to have been granted by a written statement,
signed by the mother that she consents to the use of her dead
embryo, fetus, or neonate for research.
(4) (3)
Written consent shall constitute constitutes lawful
authorization for the transfer of the dead embryo, fetus, or
neonate
to a medical research facilities facility.
(5) (4)
Research being performed upon a dead embryo, fetus, or
neonate shall be conducted in accordance with the same standards
applicable to research conducted pursuant to part 101.
(6) As used in this section, "elective abortion" means the
intentional use of an instrument, drug, or other substance or
device to terminate a woman's pregnancy for a purpose other than to
increase the probability of a live birth, to preserve the life or
health of the child after live birth, or to remove a dead fetus.
Elective abortion does not include any of the following:
(a) A procedure to complete a spontaneous abortion.
(b) The prescription of or use of a drug or device intended as
a contraceptive.
(c) The intentional use of an instrument, drug, or other
substance or device by a physician to terminate a woman's pregnancy
if the woman's physical condition, in the physician's best medical
judgment, necessitates the termination of the woman's pregnancy to
avert her death.