The Governor signed the Reproductive Health Act (RHA) bills Tuesday, lifting multiple abortion-related regulations, like the requirement for abortion procedural clinics to be licensed as freestanding surgical outpatient facilities and detailed reporting mandates.
Tuesday afternoon, Gov. Gretchen Whitmer signed SB 474, SB 476 and SB 477, as well as HB 4951, HB 4953, HB 4954, HB 4955 and HB 4956.
On top of the aforementioned items, the RHA legislation would permit abortion referrals to be made by a higher education institution's pregnant and parenting student services. Additionally, the package deletes a requirement for a prospective abortion patient to receive information detailing "available alternatives" to an abortion, as well as highlighting the "irreversible nature" of one, at least 24 hours before hand.
The package also eliminated a mandate – which technically became non-applicable after 2018 – for a physician to be physically present when the prescription drug for a medical abortion is dispensed.
Moreover, the legislation undoes several felony convictions, like a manslaughter conviction for those administering the abortion of a "quick child" – when a fetus appears to be moving in the womb – or the participation in performing a "partial birth abortion," which is a term that has been used to describe abortions taking place after the first trimester.
Abortion-providing physicians will additionally no longer be scrutinized under the state's cemetery regulation act for how fetal remains must be disposed of.
On Schoolcraft College's campus, with "Bans Off Our Bodies" posters floating across the walls, Whitmer described the legislation as a package of bills repealing politically motivated abortion restrictions.
"We're going to cut unnecessary red tape for medical providers, and we're going to expand reproductive health care coverage for Michiganders," Whitmer said to the crowd of predominantly pink-wearing pro-abortion organizers. "All these restrictions do is increase costs, especially for independent clinics, and decrease the number of providers that are available to Michiganders. Every time an abortion clinic closes, people's care is put at risk, forcing our patients to drive hundreds of miles to find care, or forego it entirely."
When summarizing the RHA package's major factors, Whitmer zoomed in on how it will lift facility regulations on abortion providers, illustrating them as politically motivated and medically unnecessary restrictions on "hallway width, ceiling height, (Heating, Ventilation and Air Conditioning (HVAC)) systems and janitors' closets."
According to Whitmer, it also repeals a more than 90-year-old statute criminalizing the prescription of commonly-used abortion medications, like Mifepristone, and will ensure public university students in Michigan "have access to accurate information about all the reproductive health options."
Whitmer and other RHA proponents view the listed items as delivering the accessibility called for Proposal 3 of 2022. The "Right to Reproductive Freedom Initiative" enshrined abortion as a right under Michigan's constitution, following the approval of more than 2.4 million – or nearly 57% – of voters in the last general election.
As for proposed items that were left out of the RHA package signed Tuesday – like to provide state Medicaid abortion coverage beyond the scope of "rape, incest and life of mother," and eliminating the required 24-hour waiting period to access an abortion – Whitmer expressed to the media she's ultimately waiting to see them someday come to her desk.
Earlier this year, Rep. Karen Whitsett (D-Detroit) opposed the RHA bills voted out of the House committee, signaling that she and possibly several other Democratic legislators would not support Medicaid dollars being spent on abortion coverage for any reason. On the MIRS Monday Podcast, she shared wanting to keep the 24-hour waiting period – a stance she described as a reflection "of being a rape victim, and having had a termination myself.”
Meanwhile, at Tuesday's event, Rep. Laurie Pohutsky (D-Livonia), House speaker pro tempore and chair of the Legislature's Progressive Women's Caucus, said it turns out that a Democratic trifecta in Lansing "is not a magic wand."
"One person's personal politics can still unfortunately greatly impact what we're able to do. The bills that are getting signed today are going to make a world of difference for abortion patients in our state, but I will be the first one to admit that's little comfort to someone whose procedure is postponed because of an arbitrary or punitive 24-hour delay, or someone who's on Medicaid and can't afford the care they need," Pohutsky said. "Opponents that picked apart this package think they have won something, but I want to be perfectly clear: all they have done is temporarily delayed the inevitable."
Dr. Sarah Wallett, Planned Parenthood of Michigan's chief medical operating officer, said to MIRS that just this morning, three abortion patients were turned away at their facilities for not presenting their 24-hour paperwork.
The Michigan Catholic Conference (MCC) commissioned a March survey, with responses from 599 voters in the state, finding that 65% of participants who claimed to have supported Proposal 3 approved 24-hour waiting periods.
When asked about her thoughts on the MCC's polling, which has been backed by Right to Life of Michigan as well, Whitmer said she's not going to take her cues from those two organizations.
In a press release, Right to Life of Michigan President Barbara Listing described Tuesday as "a dark day" in the state, with the "silver lining" being that pro-life legislators were joined by a common-sense colleague to keep the 24-hour waiting period in place, and the barrier against using taxpayer dollars for abortion.
"Now we must put our sights on defending parental rights by retaining parental consent for abortion. Abortion providers and advocacy organizations have openly threatened removal of this important protection. More concerning, we have heard this intention echoed in the halls of our state legislature," Listing said.
As for what's next for Wallett, she said Planned Parenthood has 15 health centers in Michigan, but three are procedural.
"I look forward to figuring out where we are needed, and our goal at Planned Parenthood is to provide care in the communities that need us, so yes, I look forward to seeing where that takes us in the next few months and years," Wallett said when asked if the RHA package-signing will result in more centers providing abortion procedures.
Officially, the complete package that was signed Tuesday cannot take effect until the Governor signs HB 4949, reading that the state cannot penalize or prosecute an individual "based on their actual, potential, perceived, or alleged pregnancy outcomes."
The unsigned bill also authorizes private insurers to offer abortion coverage as a standard feature in their plans. A 10-year-old Snyder-era statute required private abortion coverage to be purchased through an optional rider at an extra premium cost, and Whitmer fought against the law as the Senate minority leader.
"It's a separate issue, one that I've worked on personally, and I appreciate working with the Legislature to make sure that we could single that one out for a little further discussion on it," Whitmer said to the media. "Recognizing the gravity of this moment – the march that has happened with regard to protecting reproductive rights, the personal aspect of these issues – it was something that I think merited a little separate conversation."
