Abortion Prepayment Prohibition

H.B. 5971 of 2002
P.A. 685 of 2002
MCL 333.16299, 17014, & 17015
Sponsor: Rep. Jerry VanderRoest

Effective Date: March 31, 2003

In 2000, Michigan passed legislation to tighten the informed consent law for abortion. The section prohibiting abortionists from collecting money for “abortion related” activities until after the expiration of the 24 hour waiting period was challenged in court. In February 2002, Judge John O’Meara struck down the prepayment prohibition because the term “abortion related medical service” is “unconstitutionally vague,” and the Act does not provide a definition of “abortion related.” The Act required a high standard of legal review because it (unintentionally) imposed criminal sanctions.

This legislation was drafted in response to that court decision. It clarifies what services are “abortion related” so that abortionists will know what they cannot collect payment for during the waiting period. It also provides consumer protection to women who are considering abortion. Women should not be forced to invest financially in the abortion prior to the passing of the 24 hour waiting period. The law will protect women from the added pressure of financial obligation when making a decision about abortion. To increase the law’s future chances of approval in court, the bill would decriminalize offenses against the informed consent law.

Original Informed Consent Law of 1993

Informed Consent Revision of 2000

More History