HOUSE BILL NO. 4108
February 15, 2023, Introduced by Reps. Johnsen, Fink, Rigas and Alexander and referred to the
Committee on Health Policy.
A bill to prohibit an abortion after fetal viability and to
define fetal viability for purposes of section 28 of article I of
the state constitution of 1963.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. (1) An abortion shall not be performed on a pregnant
2 individual if the fetus the pregnant individual is carrying reaches
3 fetal viability unless the abortion, in the professional judgment
4 of an attending health care professional, is medically indicated to
5 protect the life or physical or mental health of the pregnant
6 individual.
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1 (2) As used in this act and in section 28 of article I of the
2 state constitution of 1963, "fetal viability" means the number of
3 gestational weeks, as determined by the American College of
4 Obstetricians and Gynecologists, when there is a significant
5 likelihood of the fetus's sustained survival outside of the uterus
6 without the application of extraordinary medical measures.
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