Michigan Bill Regarding Fetal Heartbeat (HB 4467)

HB 4467 would require that an abortion provider determine whether evidence of a fetal heartbeat can be detected using “standard medical practice” prior to performing an abortion, except when a medical emergency exists. If an abortion is performed without determining whether a fetal heartbeat can be detected, the abortion provider would be required to note in the patient’s medical record the specific nature of the medical emergency that existed. The bill would not require the use of an intravaginal diagnostic procedure.

If a fetal heartbeat is detected, the abortion provider would be required to offer the pregnant individual the option of hearing or seeing the evidence of the fetal heartbeat. If a fetal heartbeat is not detected, the physician would be required to do the following, as applicable:

• inform the pregnant individual of the probability of maintaining the pregnancy versus experiencing a miscarriage;
• advise the pregnant individual of the physician’s recommendation to immediately perform an additional diagnostic procedure that may detect a fetal heartbeat or to delay until a later date performing a diagnostic procedure to determine if the fetus is physically developing;
• advise the pregnant individual that a procedure to remove a fetus that has died is not considered an abortion and inform them of the risks and benefits of different means of terminating the pregnancy.

The bill would not prohibit the performance of an abortion once a fetal heartbeat is detected.

Informed Consent

The bill would require the pregnant individual to certify whether or not they were offered to view or decline to view an ultrasound image, as well as to certify whether or not a fetal heartbeat was detected.

The bill would also amend the definition of abortion to exclude “any medical treatment of a woman who is experiencing a miscarriage or has been diagnosed with an extrauterine pregnancy.”

A fetal heartbeat can be detected as early as six weeks of pregnancy—two weeks after a woman’s first missed period—and well before many women even realize that they are pregnant.

Related Legislation

Similar to HB 4241, which failed to pass in 2015.

Similar to a trio of failed bills from 2014 (HB 5643, HB 5644, and HB 5645) which would have prohibited abortion if a fetal heartbeat was detected.

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