HOUSE BILL No. 4067

 

January 22, 2013, Introduced by Rep. Smiley 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 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 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 sections 520a to 520l of the Michigan

 

penal code, 1931 PA 328, MCL 750.520a to 750.520l.