Abortion Mental Health Regulation
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H.B. 4105 – Rep. Angela Rigas |
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Current Status H.B. 4105 was introduced on February 15, 2023, and was referred to the House Health Policy Committee Description H.B. 4105 provides a more in-depth definition of “mental health” for the purposes of authorizing a post-viable abortion as used in section 28 of article I of the state constitution by outlining which mental illnesses fall under the spectrum of mental health. It also outlines the regulations for determining if an abortion is medically indicated to protect the life or physical or mental health of the mother by stating the attending health care professional diagnosing the pregnant woman cannot also perform the abortion, and it cannot be concluded that an abortion is always the safer option over giving birth for the pregnant woman experiencing physical or mental complications. Background The language of section 28 of article I of the Michigan constitution (Prop 3) states that “the state may regulate the provision of abortion care after fetal viability, provided that in no circumstance shall the state prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual.” Many individuals suffer from some type of mental illness at some point in their lives so, a clearer definition and regulation of mental health must be implemented, or abortions could be allowed for any reason at all, up to the moment of birth. History In November of 2022, Michigan passed proposition 3 (or the Reproductive Freedom For all initiative), adding section 28 of article I into the state constitution to enshrine a right to abortion for all. Though the amendment states that the State may regulate the practice of abortion after fetal viability, there are several undefined terms in the new constitutional amendment which, once clarified, will make the law clearer for doctors and safer for women. Since 1973 and the Roe decision, exceptions for post-viable abortions for the life, health and mental health of the woman have been permitted, but Prop 3 changes the definition of fetal viability and removes the ability for the state to prioritize childbirth or “potential life” over abortion. |