June 3, 2003, Introduced by Reps. Woodward, Vagnozzi and Tobocman 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:
1 PART 97. EMERGENCY CONTRACEPTIVES
2 Sec. 9701. This part shall be known and may be cited as the
3 "emergency contraceptive education act".
4 Sec. 9703. The legislature finds all of the following:
5 (a) Each year, 3,000,000 pregnancies, or 1/2 of all
6 pregnancies, in the United States are unintended, and 1/2 of all
7 of these unintended pregnancies end in abortion.
8 (b) That the federal food and drug administration has
9 declared emergency contraception to be safe and effective in
10 preventing unintended pregnancy, reducing the risk of unintended
11 pregnancy by as much as 89%.
1 (c) That the most commonly used forms of emergency
2 contraception are regimens of ordinary birth control pills taken
3 within 72 hours of unprotected sexual intercourse or
4 contraceptive failure.
5 (d) That emergency contraception, also known as postcoital
6 contraception, is a responsible means of preventing pregnancy
7 that works like other hormonal contraception to delay ovulation,
8 to prevent fertilization, or to prevent implantation.
9 (e) That emergency contraception does not cause abortion and
10 will not affect an established pregnancy.
11 (f) That it is estimated that the use of emergency
12 contraception could cut the number of unintended pregnancies in
13 half, thereby reducing the need for abortion.
14 (g) That emergency contraceptive use in the United States
15 remains low, and 9 in 10 women of reproductive age remain unaware
16 of the method of emergency contraception.
17 (h) That although the American college of obstetricians and
18 gynecologists recommends that doctors routinely offer women of
19 reproductive age a prescription for emergency contraceptive pills
20 during their annual visit, only 1 in 5 obstetricians and
21 gynecologists routinely discuss emergency contraception with
22 their patients, suggesting the need for greater health care
23 provider and patient education.
24 (i) That in light of their safety and efficacy, both the
25 American medical association and the American college of
26 obstetricians and gynecologists have endorsed more widespread
27 availability of emergency contraceptive pills, and have
1 recommended that emergency contraceptive pills be available
2 without a prescription.
3 (j) That "healthy people 2010", published by the office of
4 the surgeon general of the United States, establishes a 10-year
5 national public health goal of increasing the proportion of
6 health care providers who provide emergency contraception to
7 their patients.
8 (k) That public awareness campaigns targeting women and
9 health care providers will help remove many of the barriers to
10 emergency contraception and will help bring this important means
11 of pregnancy prevention to American women.
12 Sec. 9705. (1) As used in this part:
13 (a) "Department" means the department of community health.
14 (b) "Emergency contraceptive" means a prescription drug that
15 meets both of the following criteria:
16 (i) Is used after sexual relations.
17 (ii) Prevents pregnancy by preventing ovulation,
18 fertilization of an egg, or implantation of an egg in a uterus.
19 (c) "Health care professional" means an individual who is
20 licensed or registered in a health profession under article 15.
21 (d) "Institution of higher education" means a degree or
22 certificate granting public or private college, university,
23 junior college, or community college.
24 (e) "Prescription drug" means that term as defined in section
25 17708.
26 (f) "Secretary" means the secretary of health and human
27 services.
1 (2) Article 1 contains general definitions and principles of
2 construction applicable to all articles in this code.
3 Sec. 9707. (1) Subject to subsection (3), the department
4 shall develop and disseminate to the public information on
5 emergency contraceptives.
6 (2) The department may disseminate information developed
7 under subsection (1) directly or through arrangements with
8 nonprofit organizations, consumer groups, institutions of higher
9 education, federal, state, or local agencies, health facilities,
10 and the media.
11 (3) The department shall include in the information
12 disseminated under subsection (1), at a minimum, a description of
13 emergency contraceptives, and an explanation of the use, safety,
14 efficacy, and availability of emergency contraceptives.
15 Sec. 9709. (1) The department, in consultation with major
16 medical and public health organizations, shall develop and
17 disseminate to health care professionals and health facilities or
18 agencies information on emergency contraceptives.
19 (2) The department shall include in the information
20 disseminated under subsection (1), at a minimum, all of the
21 following:
22 (a) Information describing the use, safety, efficacy, and
23 availability of emergency contraceptives.
24 (b) A recommendation regarding the use of emergency
25 contraceptives in specific, appropriate cases.
26 (c) Information explaining how to obtain additional copies
27 of the information for distribution to the patients of the health
1 care professionals and health facilities or agencies.