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- Chamber
- senate
- Context text
- (3) As used in this section:
(a) “Attending health care professional” means an individual who is licensed to engage in the practice of medicine or the practice of osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(b) “Extraordinary medical measures” means interventions, therapies, and professional services that are not commonly rendered or recognized throughout this state’s neonatal intensive care inpatient facilities as supporting premature births.
(c) “Fetal viability” means the point in pregnancy when, in the professional judgment of an attending health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures. Fetal viability is at minimum a gestational age of 21 weeks and 1 day but may be fewer than 21 weeks and 1 day with medical advancements.
(d) “Medical emergency” means a condition that, on the basis of the attending health care professional’s good-faith clinical judgment, so complicates the medical condition of a pregnant individual as to necessitate the immediate abortion of the pregnant individual’s pregnancy to avert the pregnant individual’s death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
(e) “Mental health” means that a pregnant individual has been deemed by an attending health care professional to be an imminent and life-threatening danger to the pregnant individual with no alternative care available.
(f) “Physical health” means a life-threatening or lifelong debilitating and chronic medical condition.”.
5. Amend page 3, line 27, after “1.” by striking out the balance of enacting section 1 and inserting “The legal birth definition act, 2004 PA 135, MCL 333.1081 to 333.1085, is repealed.”.
The question being on the adoption of the amendments,
Senator Lauwers requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
- Excused
- 0
- Motion text
- The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
- Nays
- 20
- Not voting
- 0
- Result
- failed
- Vote date
- 2023-10-26
- Vote number
- 594
- Yeas
- 18
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- Chamber
- senate
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- Cavanagh Irwin Moss Wojno
Excused—0
Not Voting—0
In The Chair: President
Protests
Senators Geiss, Moss, McMorrow, Chang, Shink, Polehanki, Cavanagh, Santana, McCann, Hertel and Anthony, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendments offered by Senator Albert to Senate Bill No. 593.
Senator Geiss moved that the statement she made during the discussion of the amendments be printed as her reasons for voting “no.”
The motion prevailed.
Senator Geiss’ statement, in which Senators Moss, McMorrow, Chang, Shink, Polehanki, Cavanagh, Santana, McCann, Hertel and Anthony concurred, is as follows:
I rise to urge my colleagues to vote “no” on this amendment that is neither based in obstetric medicine or reality. This amendment disrupts again the health care provider-patient relationship. It would hamstring doctors from making the medical decisions they need to make based upon their expertise, and it would return this state to a position of criminalizing the health care providers who perform abortions. The amendment itself is in fact contradictory in its phrasing of what would and would not be permissible depending upon when one does or does not determine gestational age and viability. In short, the amendment is too confusing, too extreme. Let’s leave medical decisions to the medical professionals and not to legislators who have none of the following: the ability to practice obstetric medicine or midwifery or a uterus. I urge a “no” vote on this amendment to Senate Bill No. 593.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
- Excused
- 0
- Motion text
- The bill was passed, a majority of the members serving voting therefor, as follows:
- Nays
- 18
- Not voting
- 0
- Result
- passed
- Vote date
- 2023-10-26
- Vote number
- 595
- Yeas
- 20