HOUSE BILL NO. 4105
February 15, 2023, Introduced by Reps. Rigas, Johnsen, DeBoer, Tisdel, Fink and Alexander and
referred to the Committee on Health Policy.
A bill to describe certain policies and procedures for
determining whether an abortion is medically indicated to protect
the life or physical or mental health of a pregnant individual
under section 28 of article I of the state constitution of 1963.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. All of the following apply for the purpose of
2 determining whether an abortion is medically indicated to protect
3 the life or physical or mental health of a pregnant individual
4 under section 28 of article I of the state constitution of 1963:
5 (a) The attending health care professional making the
6 determination that the abortion is medically indicated to protect
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1 the life or physical or mental health of the pregnant individual
2 must not be the attending health care professional who performs the
3 abortion on the pregnant individual.
4 (b) The attending health care professional making the
5 determination that the abortion is medically indicated to protect
6 the physical health of the pregnant individual and the attending
7 health care professional performing the abortion shall not assume
8 or conclude that an abortion is always safer for a pregnant
9 individual than giving birth to a fetus.
10 (c) An abortion is medically indicated to protect the mental
11 health of the pregnant individual if the pregnant individual was
12 diagnosed with a serious mental condition before the pregnant
13 individual's pregnancy. As used in this subdivision, "serious
14 mental condition" means 1 or more of the following:
15 (i) A neurodevelopmental disorder.
16 (ii) Schizophrenia or another psychotic disorder.
17 (iii) Bipolar disorder.
18 (iv) A depressive disorder.
19 (v) A trauma disorder.
20 (vi) An anxiety disorder.
21 (vii) Obsessive-compulsive disorder.
22 (viii) A stress disorder.
23 (ix) A dissociative disorder.
24 (x) A neurocognitive disorder.
25 (xi) A personality disorder.
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