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).