Bill Text: MI HB5155 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Health; other; victims of sexual assault; require emergency room or urgent care clinic to offer emergency contraception. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 20190.
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Introduced - Dead) 2010-03-25 - Referred To Committee On Health Policy [HB5155 Detail]
Download: Michigan-2009-HB5155-Engrossed.html
HB-5155, As Passed House, March 24, 2010
HOUSE BILL No. 5155
June 25, 2009, Introduced by Reps. Warren, Bledsoe, Liss, Smith, Valentine, Byrnes, Haase, Miller, Donigan, Roberts, Slavens, Lipton, Hammel, Barnett, Kennedy, Lisa Brown, Bauer, Robert Jones, Geiss, Gonzales, Haugh, Coulouris and Meadows and referred to the Committee on Judiciary.
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
persons 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 federal 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.
