HOUSE BILL NO. 5201

November 04, 2025, Introduced by Reps. Paquette, Kelly, Markkanen, Smit, Wortz, Alexander, Pavlov, Bierlein, Beson, Schriver, DeSana, Borton, BeGole, Bollin, Outman, Johnsen, Prestin, Rigas, Fox, Meerman, Cavitt and Maddock and referred to Committee on Health Policy.

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 2835.

the people of the state of michigan enact:

Sec. 2835. (1) A health care professional who performs an abortion shall report the performance of the abortion to the department on forms prescribed and provided by the department. A health care professional shall transmit a report required under this subsection to the director within 7 days after the performance of the abortion.

(2) Each report of an abortion required under subsection (1) must contain only the following information and no other information:

(a) The age of the individual at the time of the abortion.

(b) The marital status of the individual at the time of the abortion.

(d) The city or township, county, and state in which the individual resided at the time of the abortion.

(e) The name and address of the facility and the type of facility in which the abortion was performed.

(f) The number of previous pregnancies carried to term.

(g) The number of previous pregnancies terminated by abortion.

(h) The period of gestation of the present pregnancy, measured by weeks.

(i) The method used to perform the abortion.

(j) Whether the fetus showed evidence of life when separated, expelled, or removed from the individual.

(k) The date of performance of the abortion.

(l) The method and source of payment for the abortion.

(m) The medical specialty of the health care professional performing the abortion.

(n) Whether the abortion was prescribed through telemedicine.

(o) Whether the abortion was performed due to a medical emergency.

(p) If the patient is a minor, whether the abortion was performed pursuant to a waiver granted under section 4 of the parental rights restoration act, 1990 PA 211, MCL 722.904.

(q) A physical complication or death resulting from the abortion and observed by the health care professional or reported to the health care professional or the health care professional's agent before the report required under subsection (1) is transmitted to the director.

(r) Any of the following reasons for obtaining the abortion:

(i) The present pregnancy was the result of a rape.

(ii) The present pregnancy was the result of incest.

(iii) Economic reasons.

(iv) A child is not wanted at this time.

(v) Mental or emotional health is at risk.

(vi) Physical health is at risk.

(vii) Relationship problems.

(viii) The present pregnancy involved a diagnosis of 1 or more fetal anomalies.

(ix) Family size is complete.

(s) The signature and state license number of the health care professional.

(3) The report required under subsection (1) must not contain the name of the individual, common identifiers such as her Social Security number or motor vehicle operator's license number, or other information or identifiers that would make it possible to identify in any manner or under any circumstances an individual who has obtained or seeks to obtain an abortion. A state agency must not compare data in an electronic or other information system file with data in another electronic or other information system that would result in identifying in any manner or under any circumstances an individual obtaining or seeking to obtain an abortion. Statistical information that may reveal the identity of an individual obtaining or seeking to obtain an abortion must not be maintained.

(4) The department shall destroy each individual report required by this section and each copy of the report after retaining the report for 5 years after the date the report is received.

(5) The department shall make available annually in aggregate a statistical report summarizing the information submitted in each individual report required by this section. The department shall specifically summarize aggregate data regarding all of the following in the annual statistical report:

(a) The period of gestation in 4-week intervals from 5 weeks through 28 weeks.

(b) Abortions performed on individuals aged 17 and under.

(6) The reports required under this section are statistical reports to be used only for medical and health purposes and must not be incorporated into the permanent official records of the system of vital statistics.

(7) Except as otherwise provided in subsection (9), the department or an employee of the department shall not disclose to a person outside the department the reports or the contents of the reports required by this section in a manner or fashion so as to permit the person to whom the report is disclosed to identify in any way the individual who is the subject of the report, the identity of the health care professional who performed the abortion, or the name or address of a facility in which an abortion was performed.

(8) A person who discloses confidential identifying information in violation of this section or section 2837 is guilty of a felony punishable by imprisonment for not more than 3 years or a fine of not more than $5,000.00, or both.

(9) The department may release the reports or the contents of the reports required by this section to the department of licensing and regulatory affairs for regulatory purposes only. The department of licensing and regulatory affairs or an employee of the department of licensing and regulatory affairs shall not disclose to a person or entity outside of the department of licensing and regulatory affairs the reports or the contents of the reports required by this section in a manner or fashion so as to permit the person or entity to whom the report is disclosed to identify in any way the individual who is the subject of the report, the identity of the health care professional who performed the abortion, or the name or address of a facility in which an abortion was performed.

(10) As used in this section and section 2837, "physical complication" means a physical condition occurring during or after an abortion that, under generally accepted standards of medical practice, requires medical attention. Physical complication includes, but is not limited to, infection, hemorrhage, cervical laceration, perforation of the uterus, a seizure, shock, a retained product of conception, or loss of consciousness.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. ____ (request no. S02115'25) or House Bill No. 5202 (request no. H02115'25) of the 103rd Legislature is enacted into law.