2005
On January 12, Senator Cameron Brown introduces Senate Bill 9, a bill to prohibit research on a live or aborted embryo, fetus, or neonate if it is the result of an elective abortion or without consent if the result of a spontaneous abortion. The bill is referred to the Senate Health Policy Committee.

On February 9, Representative Scott Hummel introduces House Bills 4246 and 4247, to eliminate abortion coverage from insurance policies without the purchase of an optional rider. The bills are referred to the House Insurance Committee. PPAM opposes the bills.

On March 2, Planned Parenthood Federation of America, the American Civil Liberties Union, and the Center for Reproductive Rights file suit in federal court to prevent enforcement of the 2004 so-called “Legal Birth Definition Act.” In the suit, ACLU, CRR and PPFA say that the law is unconstitutional because it does not include exceptions for “all aspects” of a pregnant woman’s health, including mental health, and could be interpreted as banning all abortion. Planned Parenthood Mid-Michigan Alliance and Planned Parenthood of South Central Michigan are plaintiffs in the suit. The law is scheduled to go into effect on March 30. U.S. District Judge Denise Page Hood approves a temporary restraining order preventing the law from being enforced until June 15 because of the federal challenge. On April 4, Attorney General Mike Cox issues Opinion No. 7174 that the act should be ruled constitutional because it bans the dilation and extraction abortion procedure but not the dilation and evacuation (D&E) procedure. He notes that federal court rulings bar the state from abridging a woman’s right to a D&E. Cox’s opinion is not binding on the courts.

On March 3, Representative David Robertson introduces House Bill 4446, a bill adding a requirement to Michigan’s informed consent for abortion that women view the active ultrasound image of and have a picture of the ultrasound image of the fetus. The bill is referred to the House Health Policy Committee. The Senate version of the bill is introduced on March 15. Senate Bill 307, introduced by Senator Bill Hardiman, is referred to the Senate Health Policy Committee.

On April 26, Senators Martha Scott and Beverly Hammerstrom reintroduce a pair of bills that would require health insurance plans to cover FDA-approved contraceptives. Senate Bill 431 amends the insurance code of 1956 and Senate Bill 432 amends the nonprofit health care corporation reform act. The bills are referred to the Senate Health Policy Committee. PPAM supports the bills.

On April 26, a package of bills prohibiting the sale of or profit from any tissue resulting from an elective abortion is introduced. Representative Bill Caul introduces House Bill 4675, which would prohibit the use of fetal tissue by researchers if it was obtained as the result of an elective abortion. The bill would allow the use of tissue from spontaneous abortions with the mother’s consent. Representative John Moolenaar introduces House Bill 4676, which prohibits the sale of any portion of an embryo or fetus from an elective abortion. Both bills are referred to the House Health Policy Committee. PPAM opposes both bills.

On May 3, the House Health Policy Committee holds a hearing on HB 4446. Representative Michael Murphy offers an amendment to include information about contraceptives and family planning but the bill’s sponsor will not support the amendment. The bill is reported out with a substitute clarifying the 24-hour statute. On May 11, the House agrees, 73–33, to move the bill to third reading. Representative Steve Adamini offers an amendment that would only require an ultrasound to be part of the informed consent package if one was performed. The amendment fails on a 36–69 vote. Representative Murphy again offers his amendment requiring that patients be given certain information about contraceptives and other forms of birth control, but it fails on a 40–66 vote.

On May 5, Representative Brian Palmer introduces House Bill 4741, which creates a conscientious objector accommodation act. The bill is referred to the House Committee on Health Policy. PPAM opposes the bill.

On May 11, Representative John Gleason introduces House Bill 4775, which allows health facilities a conscientious objection to providing or participating in certain health care services. The bill is referred to the House Committee on Health Policy. PPAM opposes the bill.

On May 24, with a 69–37 vote, the House passes with immediate effect HB 4446. The amended House-passed version of the measure removes the mandate from the 24-hour waiting period requirements and adds a provision requiring the Department of Community Health to add to its informed consent web site information about where an ultrasound can be obtained at no cost to the woman. The House again defeats amendments that would have required that women also be given information about family planning and contraceptive options. The bill is referred to the Senate Health Policy Committee.

On June 9, the House of Representatives passes House Bill 4831, its version of Michigan’s FY 2005–2006 budget, on a straight party-line vote. The bill has major cuts in the family planning and pregnancy prevention line items. Family planning local agreements are allocated $11,635,700, a reduction of $634,600 from the previous budget, and pregnancy prevention programs are allocated just $812,800, a $5,033,300 reduction. The House also adds a new section, 1114, under the Family, Maternal, and Children’s Health Services section, which includes many new regulations for recipients of these funds, including:

• Require service providers to discourage sexual activity outside of marriage by emphasizing the increased health risks and fiscal implications of nonmarital sexual activity.
• Give priority in funding to providers who refuse to offer abortion options counseling and referrals.
• Increase male patients to 20% of those served or funding will be stopped. An exemption may be given to providers that target female users only.
• Track the sexual activity and related costs of unmarried individuals who receive family planning and pregnancy related services. Track the costs associated with providing family planning and sexually transmitted disease prevention services to married individuals.
• At least half of the funds expended for informational and educational programs designed to achieve community awareness or understanding of services available to minors must be spent on the parents of targeted minors.
• Prohibit the spending of funds to support the display or distribution of contraceptives where minors are likely to be present unless their parents are notified.

On June 23, the Senate guts the bill, and sent it back to the House. The procedural move was done simply to put the bill in a joint conference committee where the final FY 2006 budget will be decided.

On June 23, Representative Steve Bieda introduces House Bills 4994 and 4995, which require coverage of an annual pap smear screening in health insurance plans that provide gynecological coverage. Both bills are referred to the House Health Policy Committee. PPAM supports both bills.

On July 6, Governor Granholm unveils her unintended pregnancy blueprint, which is a piece of her larger women’s agenda. The Governor outlines three main priorities, including passage of contraceptive equity legislation; obtaining a family planning waiver from the federal government to allow Michigan to serve more Medicaid patients; and “Talk Early & Talk Often,” a new program that will provide parents of middle school students the tools they need to talk to their children about the important issues of sexuality education.

U.S. District Judge Denise Page Hood in a September 12 decision strikes down the Legal Birth Definition Act, saying it “creates a ban on actions at the heart of abortion procedures from the earliest stages of pregnancy, whether used to perform induced abortions or to treat pregnancy loss.” The court also finds that the act endangers women because it fails to contain language protecting the health of the pregnant woman, contains a life exception which is constitutionally inadequate, and includes language which is unconstitutionally vague.

On September 13, Representative Steve Bieda introduces HB 5175, a bill to require that contraceptives be covered by insurers in the same way that other prescriptions are covered. The bill is referred to the House Insurance Committee. PPAM supports the legislation.

On September 30, Governor Grahnolm approves FY 2005–2006 budget bill, HB 4831. Community Health is allocated $10.29 billion, a 0.3% increase over last year and $109 million more than the House recommended, and the majority of the House-added requirements are removed.

On October 18, Representative Stahl introduces House Bill 5311, a bill to prohibit nonprescription dispensing of the “morning after” pill. The bill is referred to the Health Policy Committee. In the event that this bill passes, it will supercede any FDA decision to grant emergency contraception over-the-counter status. PPAM opposes the bill.

On November 30, HB 4446 is reported out of the Senate Health Policy Committee with no amendments adopted. Senator Gilda Jacobs offers an amendment that would remove the mandated ultrasound language, as well as specifically state that a woman was not forced to view the ultrasound image, but the amendment fails.

The Board of State Canvassers on December 7 approves language for an initiative petition submitted by Citizens for Life. The petition would amend the State Constitution to add the following language: “The right to due process, whereby no person shall be deprived of life, liberty, or property without due process of law, guaranteed in Article I, Section 17, and the right to equal protection of the law, guaranteed in Article I, Section 2, vest at conception. A ‘person,’ for purposes of the Constitution and laws of the State of Michigan, exists from the moment of conception.” PPAM opposes the initiative.

Also on December 7, the Senate passes, on a 36–0 vote, an amended version of HB 4446. 

On December 13, Senator George introduces Senate Bill 938, a bill to create a “conscientious objector accommodation act.” The bill is referred to the Senate Health Policy Committee. PPAM opposes the bill.

2006
2007

* Italics indicate federal actions which affect Michigan law

NOTE: Green text indicate the effective date of Michigan Public Acts

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