Bill Text: MI HB5612 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Health; pharmaceuticals; requirement for pharmacies to provide contraceptives without bias; provide for. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 17751a.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-21 - Bill Electronically Reproduced 02/20/2018 [HB5612 Detail]

Download: Michigan-2017-HB5612-Introduced.html

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HOUSE BILL No. 5612

 

 

February 20, 2018, Introduced by Reps. Yancey, Pagan, Geiss, Guerra, Greig, Moss, Clemente, Sowerby, Rabhi, Ellison, Sneller, Cambensy, Wittenberg, Hammoud, Chang, Brinks, Faris, Lasinski, Hoadley, Santana and Love 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) Upon 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.