Michigan Senate Bill SB0110

Michigan 2023-2024 Regular Session

• Introduced: 3/1/23
• Refer: 3/1/23

Caption

Health: abortion; failure to render immediate medical care if abortion results in a live birth; provide penalties. Amends secs. 1 & 3 of 2002 PA 687 (MCL 333.1071 & 333.1073).

Impact

The implications of SB 110 are multifaceted, potentially reshaping both legal obligations for healthcare providers and the overall handling of abortion procedures in Michigan. By imposing strict penalties for any negligence in the provision of care to newborns delivered alive post-abortion, the bill emphasizes the protection of infant lives and mandates immediate action by healthcare providers. It creates a uniform requirement across settings, imposing accountability and establishing a protocol that healthcare providers must follow, regardless of the circumstances of the abortion.

Summary

Senate Bill 110, also known as the 'Born Alive Infant Protection Act', aims to amend existing laws concerning the provision of medical care to newborns resulting from abortion procedures. The bill stipulates that if an abortion performed in any setting results in a live birth, the attending physician or healthcare provider is required to provide immediate medical care to the newborn. This includes taking all reasonable actions to preserve the life of the newborn, informing the mother about the live birth, and ensuring the newborn is transferred to appropriate medical care if needed. Failure to comply with these provisions incurs serious penalties, defined as a felony punishable by up to four years in prison and/or a $10,000 fine.

Contention

The bill has garnered significant debate among lawmakers and public stakeholders, with concerns primarily revolving around the operational and ethical implications of the requirements it enforces. Advocates argue that it protects the rights of infants born alive, while opponents express worries about the implications for abortion access and healthcare autonomy. Detractors concern the potential for the law to create chilling effects on medical practitioners, as they may face criminal charges for failures that could occur under challenging and complex circumstances. As such, the proposal represents a critical point of contention regarding healthcare practices and women's reproductive rights.