February 20, 2018, Introduced by Reps. Sneller, Sowerby, Ellison, Pagan, Geiss, Guerra, Greig, Moss, Clemente, Rabhi, Cambensy, Wittenberg, Hammoud, Yancey, Chang, Brinks, Lasinski, Hoadley, Santana, Love and Faris 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 20190.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20190. (1) Before the expiration of 30 days after the
effective date of the amendatory act that added this section, the
department shall prepare and distribute to health facilities and
agencies that provide emergency or urgent care medically and
factually accurate written information about emergency
contraception. On and after the expiration of 30 days after the
effective date of the amendatory act that added this section, a
health facility or agency that provides emergency or urgent care
shall provide to all individuals who provide care to victims of
criminal sexual conduct in that facility the written information
about emergency contraception prepared under this subsection.
(2) A health facility or agency that provides emergency or
urgent care shall promptly provide to a patient who is a female
victim of criminal sexual conduct and who is of childbearing age a
copy of the written information about emergency contraception
prepared under subsection (1) and shall promptly offer emergency
contraception to that female victim. If the female victim of
criminal sexual conduct who is of childbearing age requests
emergency contraception, the health facility or agency shall
administer emergency contraception to that female victim.
(3) A health facility or agency that administers emergency
contraception under subsection (2) shall annually report to the
department the number of times emergency contraception is
administered to victims of criminal sexual conduct under this
section. A health facility or agency shall not identify any
individual patient in a report made under this section. A report
made under this section is confidential and is not subject to
public disclosure under the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246.
(4) The department may promulgate rules necessary to
administer this section and shall promulgate rules necessary to
carry out the annual reporting requirement of subsection (3).
(5) As used in this section:
(a) "Emergency contraception" means a drug, medicine, oral
hormonal compound, mixture, preparation, instrument, article, or
device that is approved by the United States Food and Drug
Administration and that prevents a pregnancy after sexual
intercourse. Emergency contraception does not include a drug,
medicine, oral hormonal compound, mixture, preparation, instrument,
article, or device of any nature that is prescribed to terminate
the pregnancy of a female.
(b) "Victim of criminal sexual conduct" means a victim of
criminal sexual conduct under section 520b, 520c, 520d, 520e, or
520g of the Michigan penal code, 1931 PA 328, MCL 750.520b,
750.520c, 750.520d, 750.520e, and 750.520g.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.