Defending Life 2008
Table of Contents
Michigan 
#1 Most Pro-life State
Overview
Michigan clearly understands the importance of life-affirming laws and the urgent need to legislate to prevent abuses of biotechnology. Building upon its enviable success in protecting women and the unborn from the negative consequences of abortion and criminal violence, Michigan bans both cloning-to-produce-children and cloning-for-biomedical-research. Michigan also prohibits destructive embryo research.
Abortion and Protection of the Unborn and Newly Born
Overall Assessment: Protective
Women's Health & Safety
- A physician may not perform an abortion on a woman until at least 24 hours after the woman receives information on the probable gestational age of her unborn child, along with state-prepared information or other material on prenatal care and parenting; the development of the unborn child; a description of abortion procedures and their inherent complications; and assistance and services available through public agencies.
- Women must be informed of the availability of ultrasounds and be given the opportunity to view the results of an ultrasound prior to abortion.
- A physician may not perform an abortion on an unemancipated minor under the age of 18 without the written consent of one parent or a court order.
- The Michigan Attorney General has issued opinions that the informed consent and parental consent statutes apply to both surgical abortions and the use of mifepristone (RU-486).
- Under Michigan law, abortion clinics (where more than 50 percent of the patients served undergo abortions) are regulated as "freestanding surgical outpatient facilities." The regulations provide for minimum health and safety standards in such areas as clinic administration, professional qualifications, and physical plant.
- Michigan taxpayers are not required to fund abortions except when the abortion is necessary to preserve the woman's life or the pregnancy is the result of rape or incest.
- State funds appropriated to community colleges may not be used to provide abortion coverage to employees or their dependents unless an abortion is necessary to preserve a woman's life.
- Michigan prohibits organizations that receive state funds from using those funds to provide abortion counseling or to make referrals for abortion.
- The Michigan Civil Rights Commission has issued a declaratory order that certain companies (15 or fewer employees) that offer prescription coverage must cover birth control.
Protection for the Unborn & Newly Born
- Michigan's Legal Birth Definition Act states that a "person" comes into existence when any part of the child is outside of the mother's body. The law is currently enjoined, pending the outcome of ongoing federal litigation.
- Under Michigan law, the killing of an unborn child is defined as a form of homicide.
- Michigan defines nonfatal assaults on an unborn child as a crime.
- Michigan law requires that infants who survive an abortion must be given immediate and appropriate medical care.
Bioethics Laws
Overall Assessment: Marginal
- Michigan prohibits "nontherapeutic research" on a "live human embryo, fetus, or neonate" and bans fetal experimentation.
- Michigan bans both cloning-to-produce-children and cloning-for-biomedical-research.
- Michigan maintains no laws regarding assisted reproductive technologies.
- Medical insurers and nonprofit healthcare corporations cannot require genetic testing or require disclosure of whether testing has been done.
End of Life Laws
Overall Assessment: Somewhat Protective
- In Michigan, assisted suicide is a felony.
- Michigan's treatment of patients' advance directives is questionable. While it might be argued that Michigan law supports a right to receive life-sustaining treatment (in the face of a healthcare provider or institution's refusal to provide that treatment), the current statute is ambiguous or may be trumped by other statutory provisions.
Healthcare Rights of Conscience Laws
Overall Assessment: Dangerous
Participation in Abortion:
- A physician, nurse, medical student, nursing student, or individual who is a member of, associated with, or employed by a hospital, teaching institution, or healthcare facility who objects on religious, moral, ethical, or professional grounds is not required to participate in abortions.
- A hospital, institution, teaching institution, or healthcare facility is not required to participate in abortion, permit an abortion on its premises, or admit a woman for the purposes of performing an abortion.
Participation in Research Harmful to Human Life:
- Michigan currently provides no protection for the rights of healthcare providers to conscientiously object to participation in human cloning, destructive embryo research, or other forms of immoral medical research.
What Happened in 2007
- Michigan considered measures banning abortion; banning partial-birth abortion; relating to abortion reporting; and prohibiting the use of state family planning funds for abortion services, counseling, and referral. On the other hand, Michigan also considered legislation requiring any entity or organization providing prescription coverage to also provide coverage for contraception.
- Michigan considered measures clarifying its prohibition of destructive embryo research; increasing its penalties for human cloning; prohibiting fetal experimentation; and encouraging adult stem cell and umbilical cord research. It also considered a measure requiring insurance coverage of infertility treatments.
- In addition, Michigan considered legislation protecting healthcare providers in all circumstances. Conversely, the state also debated a measure calling on the United States Congress to pass the Prevention First Act, which mandates increased access to emergency contraceptives.
- The state did not consider any measures related to end-of-life issues.
- The Sixth Circuit affirmed a lower court ruling holding Michigan's Legal Birth Definition Act unconstitutional. That Act defines a person as existing when any part of the child is outside of the mother's body. As such, it banned partial-birth abortion. A petition for certiorari has been filed with the United States Supreme Court.
Opportunities for 2008
- Michigan's informed consent law does not require that women receive information on fetal pain or the abortion-breast cancer link.
- Michigan does not have comprehensive measures regulating the practice of assisted reproductive technologies.
- Besides medical insurers and nonprofit healthcare corporations, insurers are not prohibited from discrimination based upon genetic testing.
- In addition, Michigan has not banned the use of taxpayer funding for prenatal genetic testing used to encourage or counsel in favor of abortion, as opposed to treatment.
- Due to the unclear status of Michigan's treatment of advance directives, patients are likely vulnerable to the wishes of physicians and hospitals unless the state enacts a statute mandating transfer and requiring life-sustaining treatment pending transfer (without a time limit).
- Michigan provides no protection for healthcare providers to conscientiously object to participation in procedures other than abortion, such as destructive embryo research or assisted suicide.
