333.2690 Selling, collecting fee for, transferring, distributing, or giving away embryo, fetus, or neonate; financial benefit or compensation prohibited; exception; defin
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333.2690 Selling, collecting fee for, transferring, distributing, or giving away embryo, fetus, or neonate; financial benefit or compensation prohibited; exception; definitions.
Sec. 2690.
(1)A person shall not knowingly sell, collect any fee for, transfer, distribute, or give away an embryo, fetus, or neonate for a use that is in violation of sections 2685 to 2689.
(2)Except as otherwise provided in subsection (3), a physician, or a person associated with the physician, who, as a result of the physician's performing an abortion, possesses a dead embryo, fetus, or neonate shall not knowingly financially benefit from or receive any type of compensation for either of the following:
(a)Allowing a person that was not involved in the performance of the abortion to have access to the embryo, fetus, or neonate for the purpose of the person taking possession and control of the embryo, fetus, or neonate, including the organs, tissues, or cells of the embryo, fetus, or neonate.
(b)Transferring possession and control of the embryo, fetus, or neonate, including the organs, tissues, or cells of the embryo, fetus, or neonate, to a person that was not involved in the performance of the abortion.
(3)Subsection
(2)does not apply to any of the following:
(a)A hospital.
(b)A person that is performing an activity as part of that person's employment with a hospital or a contract with a hospital.
(c)A person that performs an activity under section 2688.
(4)As used in this section:
(a)"Abortion" means that term as defined in section 2803.
(b)"Hospital" means a hospital licensed under article 17.
(c)"Person associated with the physician" means any of the following:
(i)An employee of the physician or other individual who assists the physician in performing an abortion.
(ii)A private physician practice, professional corporation, or freestanding surgical outpatient facility licensed under article 17, that is owned or operated by the physician and in which an abortion is performed.
(iii)A private physician practice, professional corporation, or freestanding surgical outpatient facility licensed under article 17, that employs or contracts with the physician to perform an abortion.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2016, Act 386 , Eff. Mar. 29, 2017 ;-- Am. 2023, Act 209 , Eff. Feb. 13, 2024
Popular Name: Act 368