2023 Senate Bill 593

1. Amend page 1, line 1, after “1.” by striking out “As” and inserting “Except as otherwise provided in section 9, as”.

2. Amend page 2, line 10 after “3.” by striking out “(1)”.

3. Amend page 3, line 5, by striking out all of subsection (2).

4. Amend page 3, following line 26, by inserting:

“Sec. 9. (1) Before performing an abortion, except in the case of a medical emergency, an attending health care professional shall perform an examination to determine the probable gestational age. If the gestational age is after fetal viability, the attending health care professional shall not perform an abortion unless medically indicated to protect the life or physical health or mental health of the pregnant individual.

(2) A person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both.

(3) As used in this section:

(a) “Attending health care professional” means an individual who is licensed to engage in the practice of medicine or the practice of osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(b) “Extraordinary medical measures” means interventions, therapies, and professional services that are not commonly rendered or recognized throughout this state’s neonatal intensive care inpatient facilities as supporting premature births.

(c) “Fetal viability” means the point in pregnancy when, in the professional judgment of an attending health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures. Fetal viability is at minimum a gestational age of 21 weeks and 1 day but may be fewer than 21 weeks and 1 day with medical advancements.

(d) “Medical emergency” means a condition that, on the basis of the attending health care professional’s good-faith clinical judgment, so complicates the medical condition of a pregnant individual as to necessitate the immediate abortion of the pregnant individual’s pregnancy to avert the pregnant individual’s death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.

(e) “Mental health” means that a pregnant individual has been deemed by an attending health care professional to be an imminent and life-threatening danger to the pregnant individual with no alternative care available.

(f) “Physical health” means a life-threatening or lifelong debilitating and chronic medical condition.”.

5. Amend page 3, line 27, after “1.” by striking out the balance of enacting section 1 and inserting “The legal birth definition act, 2004 PA 135, MCL 333.1081 to 333.1085, is repealed.”.