HOUSE BILL No. 6235


     July 2, 2002, Introduced by Reps. Woodward, Jacobs, Kolb, Minore, Jamnick, Gieleghem, Dennis, Waters, Bernero and Hardman
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 part 97.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                        PART 97. EMERGENCY CONTRACEPTIVES

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             SEC. 9701.  THIS PART SHALL BE KNOWN AND MAY BE CITED AS THE

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        "EMERGENCY CONTRACEPTIVE EDUCATION ACT".

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             SEC. 9703.  THE LEGISLATURE FINDS ALL OF THE FOLLOWING:

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             (A) EACH YEAR, 3,000,000 PREGNANCIES, OR 1/2 OF ALL PREGNAN-

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        CIES, IN THE UNITED STATES ARE UNINTENDED, AND 1/2 OF ALL OF

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        THESE UNINTENDED PREGNANCIES END IN ABORTION.

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             (B) THAT THE FEDERAL FOOD AND DRUG ADMINISTRATION HAS

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        DECLARED EMERGENCY CONTRACEPTION TO BE SAFE AND EFFECTIVE IN

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        PREVENTING UNINTENDED PREGNANCY, REDUCING THE RISK OF UNINTENDED

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        PREGNANCY BY AS MUCH AS 89%.


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             (C) THAT THE MOST COMMONLY USED FORMS OF EMERGENCY

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        CONTRACEPTION ARE REGIMENS OF ORDINARY BIRTH CONTROL PILLS TAKEN

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        WITHIN 72 HOURS OF UNPROTECTED SEXUAL INTERCOURSE OR CONTRACEP-

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        TIVE FAILURE.

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             (D) THAT EMERGENCY CONTRACEPTION, ALSO KNOWN AS POSTCOITAL

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        CONTRACEPTION, IS A RESPONSIBLE MEANS OF PREVENTING PREGNANCY

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        THAT WORKS LIKE OTHER HORMONAL CONTRACEPTION TO DELAY OVULATION,

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        TO PREVENT FERTILIZATION, OR TO PREVENT IMPLANTATION.

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             (E) THAT EMERGENCY CONTRACEPTION DOES NOT CAUSE ABORTION AND

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        WILL NOT AFFECT AN ESTABLISHED PREGNANCY.

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             (F) THAT IT IS ESTIMATED THAT THE USE OF EMERGENCY CONTRA-

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        CEPTION COULD CUT THE NUMBER OF UNINTENDED PREGNANCIES IN HALF,

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        THEREBY REDUCING THE NEED FOR ABORTION.

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             (G) THAT EMERGENCY CONTRACEPTIVE USE IN THE UNITED STATES

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        REMAINS LOW, AND 9 IN 10 WOMEN OF REPRODUCTIVE AGE REMAIN UNAWARE

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        OF THE METHOD OF EMERGENCY CONTRACEPTION.

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             (H) THAT ALTHOUGH THE AMERICAN COLLEGE OF OBSTETRICIANS AND

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        GYNECOLOGISTS RECOMMENDS THAT DOCTORS ROUTINELY OFFER WOMEN OF

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        REPRODUCTIVE AGE A PRESCRIPTION FOR EMERGENCY CONTRACEPTIVE PILLS

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        DURING THEIR ANNUAL VISIT, ONLY 1 IN 5 OBSTETRICIANS AND GYNECO-

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        LOGISTS ROUTINELY DISCUSS EMERGENCY CONTRACEPTION WITH THEIR

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        PATIENTS, SUGGESTING THE NEED FOR GREATER HEALTH CARE PROVIDER

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        AND PATIENT EDUCATION.

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             (I) THAT IN LIGHT OF THEIR SAFETY AND EFFICACY, BOTH THE

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        AMERICAN MEDICAL ASSOCIATION AND THE AMERICAN COLLEGE OF OBSTE-

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        TRICIANS AND GYNECOLOGISTS HAVE ENDORSED MORE WIDESPREAD

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        AVAILABILITY OF EMERGENCY CONTRACEPTIVE PILLS, AND HAVE



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        RECOMMENDED THAT EMERGENCY CONTRACEPTIVE PILLS BE AVAILABLE

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        WITHOUT A PRESCRIPTION.

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             (J) THAT "HEALTHY PEOPLE 2010", PUBLISHED BY THE OFFICE OF

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        THE SURGEON GENERAL OF THE UNITED STATES, ESTABLISHES A 10-YEAR

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        NATIONAL PUBLIC HEALTH GOAL OF INCREASING THE PROPORTION OF

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        HEALTH CARE PROVIDERS WHO PROVIDE EMERGENCY CONTRACEPTION TO

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        THEIR PATIENTS.

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             (K) THAT PUBLIC AWARENESS CAMPAIGNS TARGETING WOMEN AND

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        HEALTH CARE PROVIDERS WILL HELP REMOVE MANY OF THE BARRIERS TO

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        EMERGENCY CONTRACEPTION AND WILL HELP BRING THIS IMPORTANT MEANS

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        OF PREGNANCY PREVENTION TO AMERICAN WOMEN.

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             SEC. 9705.  (1) AS USED IN THIS PART:

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             (A) "DEPARTMENT" MEANS THE DEPARTMENT OF COMMUNITY HEALTH.

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             (B) "EMERGENCY CONTRACEPTIVE" MEANS A PRESCRIPTION DRUG THAT

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        MEETS BOTH OF THE FOLLOWING CRITERIA:

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             (i) IS USED AFTER SEXUAL RELATIONS.

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             (ii) PREVENTS PREGNANCY BY PREVENTING OVULATION, FERTILIZA-

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        TION OF AN EGG, OR IMPLANTATION OF AN EGG IN A UTERUS.

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             (C) "HEALTH CARE PROFESSIONAL" MEANS AN INDIVIDUAL WHO IS

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        LICENSED OR REGISTERED IN A HEALTH PROFESSION UNDER ARTICLE 15.

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             (D) "INSTITUTION OF HIGHER EDUCATION" MEANS A DEGREE OR CER-

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        TIFICATE GRANTING PUBLIC OR PRIVATE COLLEGE, UNIVERSITY, JUNIOR

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        COLLEGE, OR COMMUNITY COLLEGE.

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             (E) "PRESCRIPTION DRUG" MEANS THAT TERM AS DEFINED IN SEC-

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        TION 17708.

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             (F) "SECRETARY" MEANS THE SECRETARY OF HEALTH AND HUMAN

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        SERVICES.



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             (2) ARTICLE 1 CONTAINS GENERAL DEFINITIONS AND PRINCIPLES OF

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        CONSTRUCTION APPLICABLE TO ALL ARTICLES IN THIS CODE.

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             SEC. 9707.  (1) SUBJECT TO SUBSECTION (3), THE DEPARTMENT

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        SHALL DEVELOP AND DISSEMINATE TO THE PUBLIC INFORMATION ON EMER-

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        GENCY CONTRACEPTIVES.

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             (2) THE DEPARTMENT MAY DISSEMINATE INFORMATION DEVELOPED

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        UNDER SUBSECTION (1) DIRECTLY OR THROUGH ARRANGEMENTS WITH NON-

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        PROFIT ORGANIZATIONS, CONSUMER GROUPS, INSTITUTIONS OF HIGHER

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        EDUCATION, FEDERAL, STATE, OR LOCAL AGENCIES, HEALTH FACILITIES,

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        AND THE MEDIA.

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             (3) THE DEPARTMENT SHALL INCLUDE IN THE INFORMATION DISSEMI-

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        NATED UNDER SUBSECTION (1), AT A MINIMUM, A DESCRIPTION OF EMER-

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        GENCY CONTRACEPTIVES, AND AN EXPLANATION OF THE USE, SAFETY,

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        EFFICACY, AND AVAILABILITY OF EMERGENCY CONTRACEPTIVES.

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             SEC. 9709.  (1) THE DEPARTMENT, IN CONSULTATION WITH MAJOR

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        MEDICAL AND PUBLIC HEALTH ORGANIZATIONS, SHALL DEVELOP AND DIS-

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        SEMINATE TO HEALTH CARE PROFESSIONALS AND HEALTH FACILITIES

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        INFORMATION ON EMERGENCY CONTRACEPTIVES.

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             (2) THE DEPARTMENT SHALL INCLUDE IN THE INFORMATION DISSEMI-

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        NATED UNDER SUBSECTION (1), AT A MINIMUM, ALL OF THE FOLLOWING:

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             (A) INFORMATION DESCRIBING THE USE, SAFETY, EFFICACY, AND

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        AVAILABILITY OF EMERGENCY CONTRACEPTIVES.

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             (B) A RECOMMENDATION REGARDING THE USE OF EMERGENCY CONTRA-

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        CEPTIVES IN SPECIFIC, APPROPRIATE CASES.

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             (C) INFORMATION EXPLAINING HOW TO OBTAIN ADDITIONAL COPIES

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        OF THE INFORMATION FOR DISTRIBUTION TO THE PATIENTS OF THE HEALTH

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        CARE PROFESSIONALS AND HEALTH FACILITIES.



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             Enacting section 1.  This amendatory act takes effect March

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        1, 2003.




















































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