Gov. Gretchen Whitmer sits for a roundtable discussion on reproductive rights in Grand Rapids, Michigan with Vice President Kamala Harris on Feb. 22, 2024. (Photo: Anna Liz Nichols)
Bills to expand reproductive rights in Michigan, including a bill that allows pharmacists to directly prescribe and dispense contraceptives to patients, were signed Tuesday by Gov. Gretchen Whitmer in Flint.
“Currently, one-third of Michigan counties are experiencing a shortage of obstetricians and gynecologists, meaning these families have to wait months or travel long distances just to access basic health care,” said Whitmer in a video posted to social media. “The bills I’m signing today will help address this. They’ll also save Michiganders several trips to the doctor’s office and help lower their out-of-pocket costs. And these bills are just a few and a long list of actions we’ve taken here in Michigan to make sure every Michigander can make their own decisions about their own bodies.”
House Bills 5435 and 5436, sponsored by state Reps. Stephanie A. Young (D-Detroit) and Kara Hope (D-Holt), respectively, expand contraceptive access by permitting a pharmacist to directly prescribe birth control while also requiring insurers to cover the cost of the contraceptives.
“Today, we are breaking down barriers to reproductive health care access in Michigan. This new law makes it easier for individuals — especially those in underserved communities — to take charge of their health and their futures,” said Young (D-Detroit). “Access to contraceptives shouldn’t depend on where you live or whether you can get a doctor’s appointment. By expanding access, we are prioritizing equity, convenience and the well-being of our residents.”
The legislation codifies the 2022 policy from the Michigan Department of Licensing and Regulatory Affairs (LARA) resulting from an executive directive Whitmer issued that year.
More than half of states already allow pharmacists to prescribe contraceptives, and Hope says it’s past time to allow pharmacists in Michigan to do the same.
“Contraception should be easily and safely accessible,” said Hope. “Now that these bills have been signed into law, barriers like geography and health care shortages are no longer obstacles to receiving contraceptive health care in Michigan. These new laws will make a meaningful change in the lives of Michiganders.”
Eric Roath, executive director of the Michigan Pharmacists Association, said pharmacist-provided hormonal contraception is necessary to increase its accessibility, especially in areas with limited access to health care services.
“It enhances women’s health by further empowering them to take control over reproductive decisions using safe and effective medications. This is critical toward improving health outcomes and reducing unnecessary health care spending,” said Roath.
Other bills signed by Whitmer on Tuesday include:
House Bill 5636, sponsored by state Rep. Laurie Pohutsky (D-Livonia), defines and provides licensure of freestanding birth centers, which provide midwifery care, reproductive and sexual health care, and newborn and postpartum care.
House Bill 5826, sponsored by state Rep. Mai Xiong (D-Warren), creates a program that will award one-time scholarships of up to $3,000 to help cover the cost of doula training for Michigan residents, who show financial need. Doulas serve as advocates for expectant mothers during the labor and delivery process.
House Bill 5956, sponsored by state Rep. Brenda Carter (D-Pontiac), will prohibit discrimination against a health care provider who is acting within the scope of that provider’s license or certification. The bill further codifies federal Affordable Care Act (ACA) provisions into Michigan law, which supporters argue is needed in case of a policy change at the federal level.
House Bill 5166, also sponsored by Young, continues support for the state’s Perinatal Quality Collaboratives (PQC), which are networks of perinatal care providers and public health professionals, working to improve outcomes for women and babies through continuous quality improvement.
House Bill 5172, sponsored by state Rep. Carol Glanville (D-Walker), will establish a program to designate perinatal facilities according to the level of care they offer. Standardizing the criteria will help mothers identify a facility that matches the risk level of their pregnancy.
House Bills 5167 and 5168, sponsored by state Reps. Cynthia Neeley (D-Flint) and Kimberly Edwards (D-Eastpointe), respectively, require health insurers to cover the cost of blood pressure monitors for pregnant and postpartum women to better identify potential risks to their health, including preeclampsia and premature birth.
In Michigan, you can now get a prescription for birth control from your pharmacist
House Bills 5169, 5170 and 5171, sponsored by former Rep. Rachel Hood (D-Grand Rapids) and Reps. Brenda Carter (D-Pontiac) and Kristian Grant (D-Grand Rapids), respectively, expand mental health services for postpartum individuals. After pregnancy, about 85% of mothers experience some type of mood disturbance, and about 10% to 15% develop more significant symptoms of depression and anxiety. These bills require a health professional to offer a mental health screening at a follow-up appointment or well-child visit as well as require insurers to cover the cost. They also allow medical professionals to provide mental health resources to their patients, such as a referral.
House Bill 5173, also sponsored by Hope, will support new parents and guardians by requiring hospitals to provide information on the health insurance enrollment process for newborns, a process that can be stressful and overlooked. This bill takes that burden off of new parents and ensures they don’t lose out on necessary dollars.
Three bills, all sponsored by state Rep. Julie Rogers (D-Kalamazoo), were also signed by the governor:
- House Bill 4728 supports families that rely on donor breast milk by making it easier for individuals to donate. The bill eliminates the requirement that regular breast milk donors must be tested every three months for HIV, while still maintaining initial screening requirements. Because the pasteurization process deactivates the HIV virus, ongoing testing is not medically necessary for breast milk safety.
- House Bill 5825 reinforces Affordable Care Act (ACA) protections in Michigan by requiring health insurers to issue rebates to their customers if they fail to meet minimum spending requirements on patient care, a threshold known as medical loss ratio (MLR).
- House Bill 4224 repeals workforce requirements for the Healthy Michigan Plan after a federal court ruled they were unlawful in 2020.
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