SB-0564, As Passed Senate, December 14, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 564

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 2690 (MCL 333.2690).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2690. (1) A person shall not knowingly sell, collect any

fee for, transfer, distribute, or give away an embryo, fetus, or

neonate for a use which that is in violation of sections 2685 to

2689.

(2) Except as otherwise provided in subsection (3), a

physician, or a person associated with the physician, who, as a

result of the physician's performing an elective abortion,

possesses a dead embryo, fetus, or neonate shall not knowingly

financially benefit from or receive any type of compensation for

either of the following:

     (a) Allowing a person that was not involved in the performance

of the elective abortion to have access to the embryo, fetus, or

neonate for the purpose of the person taking possession and control

of the embryo, fetus, or neonate, including the organs, tissues, or

cells of the embryo, fetus, or neonate.

     (b) Transferring possession and control of the embryo, fetus,

or neonate, including the organs, tissues, or cells of the embryo,

fetus, or neonate, to a person that was not involved in the

performance of the elective abortion.

     (3) Subsection (2) does not apply to any of the following:

     (a) A hospital.

     (b) A person that is performing an activity as part of that

person's employment with a hospital or a contract with a hospital.

     (c) A person that performs an activity under section 2688 or

2836.

     (4) As used in this section:

     (a) "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 fetus that has died as a

result of natural causes, accidental trauma, or a criminal assault

on the pregnant woman. Elective abortion does not include any of

the following:

     (i) The use or prescription of a drug or device intended as a

contraceptive.

     (ii) 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 reasonable

medical judgment, necessitates the termination of the woman's

pregnancy to avert her death.

     (iii) Treatment on a pregnant woman who is experiencing a

miscarriage or has been diagnosed with an ectopic pregnancy.

     (b) "Hospital" means a hospital licensed under article 17.

     (c) "Person associated with the physician" means any of the

following:

     (i) An employee of the physician or other individual who

assists the physician in performing an elective abortion.

     (ii) A private physician practice, professional corporation,

or freestanding surgical outpatient facility licensed under article

17, that is owned or operated by the physician and in which an

elective abortion is performed.

     (iii) A private physician practice, professional corporation,

or freestanding surgical outpatient facility licensed under article

17, that employs or contracts with the physician to perform an

elective abortion.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.