Sec. 17516.
(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)
368-1978-15-175 - Part 175 Osteopathic Medicine and Surgery (333.17501...333.17556)
Section 333.17501 - Definitions; Principles of Construction.
Section 333.17508 - Physician's Assistant; Health Profession Subfield.
Section 333.17515 - Compliance With MCL 333.17015 and 333.17015a Before Performing Abortion.
Section 333.17516 - Performance of Partial-Birth Abortion Prohibited.
Section 333.17517 - Compliance With MCL 333.17017.
Section 333.17520 - Genetic Test; Informed Consent.
Section 333.17523 - Repealed. 1978, Act 625, Imd. Eff. Jan. 6, 1979.
Section 333.17525 - Repealed. 2006, Act 161, Eff. Nov. 26, 2006.
Section 333.17526 - Terms of Office.
Section 333.17531 - Postgraduate Education as Condition for More Than Limited Licensure.
Section 333.17540-333.17547 - Repealed. 1990, Act 247, Imd. Eff. Oct. 12, 1990.
Section 333.17547 - Practice as Physician's Assistant; Practice Agreement; Requirements.
Section 333.17554 - Criteria for Approval or Evaluation; Recommendations.