SENATE BILL No. 453

 

 

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 amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 20181 (MCL 333.20181) and by adding section

 

20184a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20181. (1) The immunity from civil or criminal liability

 

or penalty provided in this section and sections 20182 and 20183

 

applies only if the health facility complies with section 20184a.

 

     (2) A hospital, clinic, institution, teaching institution, or

 

other health facility is not required to admit a patient for the

 

purpose of performing an abortion. A hospital, clinic, institution,

 

teaching institution, or other health facility or a physician,

 

member, or associate of the staff, or other person connected

 

therewith, may refuse to perform, participate in, or allow to be

 

performed on its premises an abortion. The refusal shall be with

 

immunity from any civil or criminal liability or penalty.

 

     Sec. 20184a. (1) Notwithstanding sections 20181 to 20184, a

 

health facility shall not refuse to provide reproductive health

 

services to an individual if withholding the reproductive health

 

service would result in or prolong an imminent serious risk to the

 

individual's life or health and shall not limit or otherwise

 

interfere with a physician's or other health care professional's

 

independent professional judgment concerning the practice of

 

medicine or the diagnosis or treatment of a patient, including, but

 

not limited to, the following:

 

     (a) Limiting a health care professional's duty to follow the

 

standard of care for providing the patient with comprehensive,

 

medically accurate information about his or her health status,

 

including diagnosis, prognosis, recommended treatment, and

 

potential risks to the patient's life or health.

 

     (b) Limiting a health care professional's referrals to another

 

health facility or limiting the timing of a referral.

 

     (c) Prohibiting a health care professional from offering or

 

delivering a reproductive health service if withholding the

 

reproductive health service or medically accurate information would

 

result in or prolong an imminent serious risk to the individual's

 

life or health.

 

     (2) Subsection (1) does not require a health facility to

 

provide a reproductive health service unless failure to provide

that service would result in or prolong an imminent serious risk to

 

the individual's life or health.

 

     (3) A health care professional, the attorney general, a

 

patient of the health facility, an individual who sought treatment

 

at the health facility, or an individual who is injured by a

 

violation of this section may bring a civil action in a court of

 

competent jurisdiction to enjoin further violations, to recover

 

damages suffered from the violation on behalf of the injured

 

individual, or for both an injunction and damages. A plaintiff who

 

prevails in an action under this subsection may be awarded up to 3

 

times the actual damages, compensation for pain and suffering, and

 

court costs and attorney fees, but shall be awarded not less than

 

$1,000.00 per violation in damages in addition to court costs and

 

attorney fees.

 

     (4) As used in this section:

 

     (a) "Health care professional" means an individual licensed or

 

otherwise authorized to practice medicine under article 15, except

 

that health care professional does not include a sanitarian or a

 

veterinarian.

 

     (b) "Health facility" means a health facility or agency and

 

may include a clinic, institution, or teaching facility asserting

 

protection under sections 20181 to 20183.

 

     (c) "Medically accurate information" means information that is

 

any of the following:

 

     (i) Verified or supported by the weight of peer-reviewed

 

medical research conducted in compliance with accepted scientific

 

methods.

     (ii) Recognized as correct and objective by leading medical

 

organizations with relevant expertise.

 

     (iii) Recommended and affirmed in the medical practice

 

guidelines of a nationally recognized accrediting organization.

 

     (d) "Reproductive health service" includes, but is not limited

 

to, contraception, abortion, treatment of ectopic pregnancy,

 

miscarriage management, use of assisted reproductive technology,

 

infertility treatment, screening for and treatment of sexually

 

transmitted infections, pregnancy and postnatal care, and

 

sterilization.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.