Sec. 17516. (1) Except as otherwise provided in subsection (2), a physician or an individual
performing an act, task, or function under the delegatory authority of a physician
shall not perform a partial-birth abortion, even if the abortion is otherwise permitted
(2) A physician or an individual described in subsection (1) may perform a partial-birth
abortion if the physician or other individual reasonably believes that performing
the partial-birth abortion is necessary to save the life of a pregnant woman whose
life is endangered by a physical disorder, physical illness, or physical injury and
that no other medical procedure will accomplish that purpose.
(3) This section does not create a right to abortion.
(4) Notwithstanding any other provision of this section, a person shall not perform
an abortion that is prohibited by law.
(5) As used in this section:
(a) “Abortion” means the intentional use of an instrument, drug, or other substance or device to
terminate a woman's pregnancy for a purpose other than to increase the probability
of a live birth, to preserve the life or health of the child after live birth, or
to remove a dead fetus. Abortion does not include a procedure to complete a spontaneous abortion or the
use or prescription of a drug or device intended as a contraceptive.
(b) “Fetus” means an individual organism of the species homo sapiens at any time before
complete delivery from a pregnant woman.
(c) “Partial-birth abortion” means an abortion in which the physician or individual
acting under the delegatory authority of the physician performing the abortion partially
vaginally delivers a living fetus before killing the fetus and completing the delivery.
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