Sec. 17016.
(1) Except as otherwise provided in subsection (2), a physician or an individual performing an act, task, or function under the delegatory authority of a physician shall not perform a partial-birth abortion, even if the abortion is otherwise permitted by law.
(2) A physician or an individual described in subsection (1) may perform a partial-birth abortion if the physician or other individual reasonably believes that performing the partial-birth abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury and that no other medical procedure will accomplish that purpose.
(3) This section does not create a right to abortion.
(4) Notwithstanding any other provision of this section, a person shall not perform an abortion that is prohibited by law.
(5) As used in this section:
(a) "Abortion" means the intentional use of an instrument, drug, or other substance or device to terminate a woman's pregnancy for a purpose other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. Abortion does not include a procedure to complete a spontaneous abortion or the use or prescription of a drug or device intended as a contraceptive.
(b) "Fetus" means an individual organism of the species homo sapiens at any time before complete delivery from a pregnant woman.
(c) "Partial-birth abortion" means an abortion in which the physician or individual acting under the delegatory authority of the physician performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.
History: Add. 1996, Act 273, Eff. Mar. 31, 1997 Popular Name: Act 368
Structure Michigan Compiled Laws
Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)
Article 15 - Occupations (333.16101...333.18838)
368-1978-15-170 - Part 170 Medicine (333.17001...333.17097)
Section 333.17001 - Definitions; Principles of Construction.
Section 333.17008 - Physician's Assistant; Health Profession Subfield.
Section 333.17014 - Legislative Findings.
Section 333.17016 - Performance of Partial-Birth Abortion Prohibited.
Section 333.17020 - Genetic Test; Informed Consent.
Section 333.17025 - Joint Task Force; Creation; Membership.
Section 333.17026 - Terms of Office.
Section 333.17040-333.17047 - Repealed. 1990, Act 247, Imd. Eff. Oct. 12, 1990.
Section 333.17047 - Practice as Physician's Assistant; Practice Agreement.
Section 333.17056 - Exception.
Section 333.17058 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.
Section 333.17060 - Duties of Department.
Section 333.17062 - Applicant for Licensure as Physician's Assistant; Qualifications.
Section 333.17066 - Repealed. 2016, Act 379, Eff. Mar. 22, 2017.
Section 333.17070 - Granting Renewal; Notice of Denial; Right to Hearing.
Section 333.17078 - Physician's Assistant; Conformance to Minimal Standards of Practice.
Section 333.17084 - Register of Programs; Contents; Public Inspection.
Section 333.17086-333.17088 - Repealed. 1993, Act 79, Eff. Apr. 1, 1994.
Section 333.17092 - Genetic Counselor; Licensure Requirements.
Section 333.17093 - Practice of Genetic Counseling; License Required.
Section 333.17094 - Genetic Counselor; Temporary License; Interim Requirements.
Section 333.17095 - Use of Titles, Words, or Initials; Applicability of Sections 17091 to 17096.
Section 333.17096 - Renewal of License; Evidence Required.
Section 333.17097 - Third Party Reimbursement or Mandated Worker's Compensation Benefits.