December 17, 2020, Introduced by Reps. Yancey and Pagan and referred to the Committee on Health Policy.

A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 17751a.

the people of the state of michigan enact:

Sec. 17751a. (1) Subject to this section, section 17751, and section 17755, if an individual requests a contraceptive that is in stock in a pharmacy, the pharmacy shall ensure that the contraceptive is provided to the individual without delay. Subject to this section, section 17751, and section 17755, if an individual requests a contraceptive that is not in stock in the pharmacy, the pharmacy shall ensure that the individual is immediately informed that the contraceptive is not in stock and is offered the following options without delay:

(a) If the individual prefers to obtain the contraceptive through a referral or transfer, a pharmacist shall locate a pharmacy of the individual's choice or the closest pharmacy that has the contraceptive in stock and refer the individual or transfer the prescription to that pharmacy in a manner permitted by law.

(b) If the individual prefers for the pharmacy to order the contraceptive, a pharmacist shall obtain the contraceptive under the pharmacy's standard procedures for expedited ordering of drugs and notify the customer when the contraceptive arrives.

(2) A pharmacy shall ensure that any individual employed by the pharmacy does not do any of the following:

(a) Intimidate, threaten, or harass an individual in the delivery of services relating to a request for contraception.

(b) Interfere with or obstruct the delivery of services relating to a request for contraception.

(c) Intentionally misrepresent or deceive an individual about the availability of contraception or its mechanism of action.

(d) Breach medical confidentiality with respect to a request for contraception or threaten to breach that confidentiality.

(e) On the individual's request, refuse to return to the individual an unfilled valid prescription for contraception.

(3) This section does not prohibit a pharmacy from refusing to provide a contraceptive to an individual if 1 or more of the following circumstances occur:

(a) It is unlawful to dispense the contraceptive to the individual without a valid prescription and the individual does not present a valid prescription.

(b) The individual is unable to pay for the contraceptive.

(c) A pharmacist who is employed by the pharmacy refuses to provide the contraceptive based on his or her professional clinical judgment.

(4) A pharmacy shall ensure that over-the-counter emergency contraception is stocked and made available for purchase without a prescription in accordance with Food and Drug Administration protocol.

(5) An individual aggrieved as a result of a violation of this section may commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and reasonable attorney fees and costs.

(6) As used in this section:

(a) "Contraception" or "contraceptive" means a product to prevent pregnancy.

(b) "Emergency contraception" means 1 or more drugs, used separately or in combination with one another, to prevent pregnancy within a medically recommended amount of time after sexual intercourse.

(c) "Product" means a drug or device that is approved by the Food and Drug Administration.

(d) "Professional clinical judgment" means the use of professional knowledge and skill to form a clinical judgment in accordance with prevailing medical standards.

(e) "Without delay" means within the usual and customary time frame at the pharmacy for dispensing, providing a referral for, or ordering a product, or transferring a prescription for a product, respectively.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.