Bill Text: MI SB0814 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health: abortion; abortion resulting in a live birth; require attending physician to provide certain medical care to the newborn and to prescribe penalties. Amends title & sec. 3 of 2002 PA 687 (MCL 333.1073).
Spectrum: Partisan Bill (Republican 22-0)
Status: (Introduced - Dead) 2020-03-04 - Referred To Committee On Health Policy And Human Services [SB0814 Detail]
Download: Michigan-2019-SB0814-Introduced.html
SENATE BILL NO. 814
March 04, 2020, Introduced by Senators THEIS,
MACDONALD, LASATA, BARRETT, LAUWERS, HORN, DALEY, LUCIDO, VICTORY, MCBROOM,
OUTMAN, ZORN, VANDERWALL, BUMSTEAD, BIZON, SCHMIDT, RUNESTAD, NESBITT,
STAMAS, SHIRKEY, JOHNSON and MACGREGOR and referred to the Committee on
Health Policy and Human Services.
A bill to amend 2002 PA 687, entitled
"Born alive infant protection act,"
by amending the title and section 3 (MCL 333.1073).
the people of the state of michigan enact:
An act to assert the state's interest in protecting all individuals; and to prescribe responsibilities and procedures in regard to a newborn whose live birth results from an abortion; and to prescribe penalties.
Sec. 3. (1) If an abortion results in a live birth
and, after being informed of the newborn's live birth, the newborn's mother
expresses a desire not to assume custody and responsibility for the newborn, by
refusing to authorize all necessary life sustaining medical treatment for the
newborn or releasing the newborn for adoption, the newborn shall be is considered a newborn who has been
surrendered to an emergency service provider under the safe delivery of
newborns law, chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1
to 712.20. The procedures of the safe delivery of newborns law, chapter XII of
the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20, shall must be followed in regard to the custody
and care of the newborn.
(2) A physician attending an abortion shall comply with the
following:
(a)
If an the abortion is performed in a hospital setting and results in a live birth, the
physician attending the abortion shall provide immediate medical care to the
newborn, inform the mother of the live birth, and request transfer of the
newborn to a resident, on-duty, or emergency room physician who shall provide
medical care to the newborn. In providing
medical care to the newborn under this subdivision, the physician attending the
abortion shall exercise the same degree of professional skill, care, and
diligence to preserve the life of the newborn that a physician would provide to
any other newborn of the same gestational age. A person who violates this
subdivision is guilty of a felony punishable by imprisonment for not more than 2
years or a fine of not more than $50,000.00, or both.
(b) If an the abortion is performed in a setting other than a hospital setting and results in a live birth, a the physician attending the abortion
shall provide immediate medical care to the newborn and call 9-1-1 for an
emergency transfer of the newborn to a hospital that shall provide medical care
to the newborn. In providing medical care to the
newborn under this subdivision, the physician attending the abortion shall
exercise the same degree of professional skill, care, and diligence to preserve
the life of the newborn that a physician would provide to any other newborn of
the same gestational age. A person who violates this subdivision is guilty of a
felony punishable by imprisonment for not more than 2 years or a fine of not
more than $50,000.00, or both.
(3)
An individual who has knowledge of a failure to comply with subsection (2)
shall report that failure to the appropriate law enforcement agency. An
individual who violates this subsection is guilty of a misdemeanor punishable
by imprisonment for not more than 93 days or a fine of not more than $500.00, or
both.
(4)
If an abortion is performed that results in a live birth, the mother upon whom
the abortion was performed shall not be prosecuted for a violation of this
section, an attempt to violate this section, or a conspiracy to violate this
section.
(5)
(3) A live birth described in this act shall must be reported as required in section
2822 of the public health code, 1978 PA 368, MCL 333.2822.
(6)
(4) If a newborn is considered a newborn who has been
surrendered to an emergency service provider under the safe delivery of
newborns law, chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1
to 712.20, as provided in subsection (1), the identity of the newborn's mother
and father becomes confidential and shall must not
be revealed, either orally or in writing.
(7)
(5) The attending physician who transfers care of a live
newborn under this section to another physician or a 9-1-1 emergency responder shall
transmit to the mother of the newborn any information provided to the attending
physician by the emergency service provider who received custody of the newborn
under the safe delivery of newborns law, chapter XII of the probate code of
1939, 1939 PA 288, MCL 712.1 to 712.20, as provided in section 3 of the safe
delivery of newborns law, chapter XII of the probate code of 1939, 1939 PA 288,
MCL 712.3.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
