2024 House Bill 5436 / Public Act 242

Health occupations: pharmacists; pharmacists to prescribe and dispense certain contraceptives; allow.

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 17703, 17704, 17707, 17708, 17709, 17744, 17751, and 17757 (MCL 333.17703, 333.17704, 333.17707, 333.17708, 333.17709, 333.17744, 333.17751, and 333.17757), sections 17703, 17707, 17708, 17751, and 17757 as amended by 2023 PA 97, section 17704 as amended by 2018 PA 41, section 17709 as amended by 2020 PA 142, and section 17744 as amended by 2020 PA 136, and by adding section 17744g.

House Fiscal Agency Analysis

House Bills 5435 and 5436 would amend the Insurance Code and the Public Health Code, respectively, to add provisions related to the prescription of certain contraceptives by a pharmacist. House Bill 5436 would authorize pharmacists to prescribe and dispense certain hormonal and emergency contraceptives, and House Bill 5435 would require health insurance policies to cover prescriptions for those hormonal (but not emergency) contraceptives at in-network pharmacies. House Bill 5435 would take effect December 31, 2025. Neither bill could take effect unless both were enacted.

Introduced in the House

Feb. 13, 2024

Introduced by Rep. Kara Hope (D-74) and 13 co-sponsors

Co-sponsored by Reps. Emily Dievendorf (D-77), Erin Byrnes (D-15), Carol Glanville (D-84), Jennifer Conlin (D-48), Sharon MacDonell (D-56), Alabas Farhat (D-3), Stephanie Young (D-16), Julie Brixie (D-73), Carrie Rheingans (D-47), Mike McFall (D-8), Jason Morgan (D-23), Natalie Price (D-5) and Jimmie Wilson (D-32)

Referred to the Committee on Health Policy

April 18, 2024

Reported with substitute H-2

Nov. 13, 2024

Substitute H-2 concurred in by voice vote

Substitute H-3 offered by Rep. Kara Hope (D-74)

The substitute passed by voice vote

Passed in the House 56 to 53 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Nov. 26, 2024

Referred to the Committee on Health Policy

Dec. 11, 2024

Reported without amendment

Dec. 12, 2024

Referred to the Committee of the Whole

Dec. 18, 2024

Reported without amendment

Dec. 19, 2024

Passed in the Senate 20 to 17 (details)

Signed by Gov. Gretchen Whitmer

Jan. 21, 2025