November 30, 2021, Introduced by Senators MCMORROW, IRWIN, BRINKS, CHANG, GEISS, MCCANN, SANTANA, WOJNO, ALEXANDER, POLEHANKI, BAYER, BULLOCK, MOSS and HOLLIER and referred to the Committee on Health Policy and Human Services.

A bill to establish certain rights related to abortion and reproductive health; to regulate the performance of abortions under certain circumstances; to provide for the powers and duties of certain state and local governmental officers and entities; to provide remedies; and to repeal acts and parts of acts.

the people of the state of michigan enact:

Sec. 1. This act shall be known and may be cited as the "reproductive health act".

Sec. 3. As used in this act:

(a) "Abortion" means the intentional use of an instrument, drug, or other substance or device to terminate an individual'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 fetus that has died as a result of natural causes, accidental trauma, or a criminal assault on the pregnant individual. Abortion does not include the use or prescription of a drug or device that prevents pregnancy, including by preventing the implantation of an embryo.

(b) "Fetal viability" means that, in the good-faith professional judgment of an attending health care professional and based on the particular facts of the case before that health care professional, there is a significant likelihood of the fetus's sustained survival outside of the uterus without the application of extraordinary medical measures.

(c) "Local unit of government" means any political subdivision of this state, including, but not limited to, school districts, community and junior colleges, state universities, cities, villages, townships, charter townships, counties, charter counties, authorities created by the state, and authorities created by other local units of government.

(d) "Pregnancy" means the human reproductive process, beginning with the implantation of an embryo.

Sec. 5. (1) An individual, including an individual under state control and supervision, has the following fundamental rights:

(a) The fundamental right to choose or refuse contraception or sterilization.

(b) If the individual becomes pregnant, the fundamental right to carry the pregnancy to term, to give birth to a child, or to have an abortion before fetal viability or at any time if, in the professional judgement of a health care professional, an abortion is necessary to protect the life or health of the pregnant individual.

(2) This state shall not, deny, interfere with, or discriminate against a right described in subsection (1) in regulating or providing a benefit, a facility, a service, or information.

Sec. 7. A health care professional, if within his or her scope of practice, may perform an abortion before fetal viability. If the health care professional determines that there is fetal viability, the health care professional may perform an abortion only if, in the professional judgment of the health care professional, the abortion is necessary to protect the life or health of the pregnant individual.

Sec. 9. This state shall not prosecute, punish, or otherwise deprive a pregnant individual of a right for an act or failure to act by the individual during the individual's pregnancy, if the predominant basis for the prosecution, punishment, or deprivation of the right is the potential, actual, or perceived impact on any of the following:

(a) The individual's pregnancy or the pregnancy's outcome.

(b) The individual's own health.

Sec. 11. (1) A person alleging a violation of this act, including a violation committed by this state, may bring a civil action for appropriate injunctive relief or damages, or both, in the appropriate state or federal court.

(2) A court shall award reasonable costs and attorney fees to a plaintiff who prevails in an action brought under this section.

Sec. 13. A local unit of government may regulate abortion and reproductive health, but only in a manner that provides greater protections regarding abortion and reproductive health than are provided for in this act.

Enacting section 1. The following acts and parts of acts are repealed:

(a) Sections 14, 40, and 90h of the Michigan penal code, 1931 PA 328, MCL 750.14, 750.40, and 750.90h.

(b) The legal birth definition act, 2004 PA 135, MCL 333.1081 to 333.1085.

(c) Sections 17014, 17015, 17015a, 17016, 17017, 17515, 17516, 17517, and 20115 of the public health code, 1978 PA 368, MCL 333.17014, 333.17015, 333.17015a, 333.17016, 333.17017, 333.17515, 333.17516, 333.17517, and 333.20115.

(d) The parental rights restoration act, 1990 PA 211, MCL 722.901 to 722.908.

(e) Section 1 of 2002 PA 360, MCL 333.1091.

(f) The abortion insurance opt-out act, 2013 PA 182, MCL 550.541 to 550.551.

Enacting section 2. This act takes effect 90 days after the date it is enacted into law.

Enacting section 3. This act applies to every state law, ordinance, policy, procedure, practice, and government action in existence on or after the effective date of this act.

Enacting section 4. This act does not take effect unless all of the following bills of the 101st Legislature are enacted into law:

(a) Senate Bill No. 736.


(b) Senate Bill No. 735.


(c) Senate Bill No. 733.


(d) Senate Bill No. 738.


(e) Senate Bill No. 734.


(f) Senate Bill No. 737.