HB-5134, As Passed House, March 13, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 5134

     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) At the time a patient first presents at a

private office, freestanding surgical outpatient facility, or other

facility or clinic in which abortions are performed for the purpose

of obtaining an abortion, whether before or after the expiration of

the 24-hour period described in section 17015(3), the physician or

qualified person assisting the physician shall orally screen the

patient for coercion to abort 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).

     (4) If a patient who is under the age of 18 discloses domestic

violence or coercion to abort by an individual responsible for the

health or welfare of the minor patient, the physician or qualified

person assisting the physician shall report that fact to a local

child protective services office.

     (5) 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.

     (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, 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) House Bill No. 5182.

     (d) House Bill No. 5183.