Bill Text: MI HB5158 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Health; other; crisis pregnancy organizations; informed consent by pregnant women; require organizations to obtain before providing services. Creates new act.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Introduced - Dead) 2010-04-13 - Referred To Committee On Health Policy [HB5158 Detail]
Download: Michigan-2009-HB5158-Introduced.html
HOUSE BILL No. 5158
June 25, 2009, Introduced by Reps. Meadows, Bledsoe, Warren, Liss, Smith, Valentine, Byrnes, Lipton, Miller, Roberts, Donigan, Slavens, Hammel, Barnett, Kennedy, Lisa Brown, Bauer, Robert Jones, Gonzales, Haugh and Coulouris and referred to the Committee on Judiciary.
A bill to require that crisis pregnancy organizations obtain
informed consent from women served by those organizations; and to
provide remedies and prescribe penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Crisis pregnancy organization" means a nongovernmental
not-for-profit agency or organization that provides services and
counseling to women who have unplanned or unwanted pregnancies.
(b) "Medically accurate" means verified or supported by
research conducted in compliance with scientific methods and
published in peer-review journals, where appropriate, and
recognized as accurate and objective by professional organizations
and agencies with relevant expertise in the field, such as the
American college of obstetricians and gynecologists or the American
gynecological and obstetrical society.
Sec. 2. Services shall not be provided to a pregnant woman by
any person who is employed by, a volunteer at, or in any manner
affiliated with a crisis pregnancy organization except with the
voluntary and informed consent of the pregnant woman. Consent to
the provision of services from a crisis pregnancy organization is
voluntary and informed only if all of the following conditions are
met, before any services are provided:
(a) A person employed by, a volunteer at, or in any manner
affiliated with the crisis pregnancy organization provides the
pregnant woman with the following information, orally and in
writing:
(i) A medically accurate and objective explanation of the full
range of options available to the pregnant woman regarding her
pregnancy, including abortion, parenting, and adoption.
(ii) Medically accurate and objective information on the range
of medical risks associated with abortion, pregnancy, and
childbirth.
(iii) That the pregnant woman has the right to obtain printed
materials listing medical clinics and hospitals that provide
abortion services.
(b) If the pregnant woman inquires about pregnancy
termination, abortion, or birth control services, a person employed
by, a volunteer at, or in any manner affiliated with the crisis
pregnancy organization orally or in writing informs the pregnant
woman that the crisis pregnancy organization does not provide
information on how to obtain an abortion, abortion services, or
birth control information.
(c) If the pregnant woman so requests, a person employed by, a
volunteer at, or in any manner affiliated with the crisis pregnancy
organization provides her with geographically indexed, printed
materials that contain a comprehensive list of the medical clinics
and hospitals that provide abortion services.
(d) The pregnant woman certifies in writing that the
information described in subdivision (a) has been provided to her
and that she has been informed of her right to review the printed
materials described in subdivision (c).
(e) A person employed by, a volunteer at, or in any manner
affiliated with the crisis pregnancy organization receives a copy
of the certification required in subdivision (d).
(f) The following notice is posted prominently at the crisis
pregnancy organization: "None of our services are provided by
licensed medical professionals. We do not provide information on
how to obtain an abortion, abortion services, or birth control
information.".
(g) The crisis pregnancy organization distributes the prenatal
care and parenting pamphlet prepared by the department of community
health under section 9161 of the public health code, 1978 PA 368,
MCL 333.9161.
Sec. 3. A pregnant woman who receives services from a person
employed by, a volunteer at, or in any manner affiliated with a
crisis pregnancy organization who knowingly provided those services
in violation of this act may maintain an action against the crisis
pregnancy organization for actual and punitive damages.
