Bill Text: MI SB0451 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Health; abortion; prohibition on laws or administrative rules that place a burden on access to abortion; provide for. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-06-14 - Referred To Committee On Health Policy [SB0451 Detail]
Download: Michigan-2017-SB0451-Introduced.html
SENATE BILL No. 451
June 14, 2017, Introduced by Senators WARREN, GREGORY, HOPGOOD, HERTEL, ANANICH, CONYERS and KNEZEK and referred to the Committee on Health Policy.
A bill to define certain rights of women regarding abortions;
to prevent the enforcement of laws and administrative rules that
place a burden on a woman's access to abortion; to provide for the
powers and duties of certain state and local governmental officers
and entities; and to provide remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "whole
woman's health act".
Sec. 3. (1) A woman has a fundamental right to choose to
obtain an abortion.
(2) This state shall not prohibit a woman from obtaining any
of the following:
(a) An abortion before viability.
(b) An abortion at any time throughout the woman's pregnancy
if, in a physician's professional judgment, terminating the woman's
pregnancy is necessary to protect the woman's life or health.
Sec. 5. (1) A law or administrative rule of this state
regulating abortion that places a burden on a woman's access to
abortion is unenforceable if the law or administrative rule does
not confer a legitimate health benefit.
(2) As used in this section:
(a) "Confer a legitimate health benefit" means 1 or more of
the following:
(i) Expand a woman's access to a health care service.
(ii) Increase a patient's safety according to evidence-based
research.
(b) "Places a burden on a woman's access to abortion" means 1
or more of the following:
(i) Forces an abortion provider to close.
(ii) Increases the time a woman must wait to have an abortion.
(iii) Requires a meaningful increase in the distance a woman
must travel to access care.
(iv) Requires medically unnecessary health center visits.
(v) Requires a health care provider to perform a medical
service that the health care provider would not otherwise perform.
(vi) Increases the risk to a woman's health.
(vii) Causes a meaningful increase in procedure cost.
(viii) Has no purpose other than to stigmatize a patient and
an abortion provider.
(ix) Has no purpose or effect other than to decrease or
eliminate a woman's access to abortion.
Sec. 7. A person alleging that a state or local official is
enforcing a law enacted or an administrative rule promulgated after
the effective date of this act that violates section 3 or 5 may
bring a civil action for appropriate injunctive relief or damages,
or both.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
