Updates About Public Health

On September 19, it was announced that pharmacists in Michigan are now able to prescribe self-administered hormonal birth control in partnership with doctors in the State of Michigan.

The Michigan Department of Licensing and Regulatory Affairs (LARA) issued a new interpretative statement clarifying that pharmacists can prescribe self-administered, hormonal contraceptives, such as oral contraceptives, the patch, and the ring, under the delegation of a licensed physician in most circumstances.

This development comes after Governor Whitmer signed Executive Directive 2022-05, instructing departments to increase protections for reproductive health care.

On September 7, Michigan Court of Claims Judge Elizabeth Gleicher ruled that Michigan’s 1931 abortion ban law is unconstitutional. In the ruling, Judge Gleicher found that the current law violates the due process and equal protection clauses in the Michigan Constitution.

Following the decision in Dobbs v. Jackson Women’s Health Organization issued by the U.S. Supreme Court earlier this year, which returned abortion decisions back to the states, Michigan’s abortion ban has not gone into effect due to multiple injunctions. The 1931 law in Michigan bans abortions except in the case where the mother’s life is in danger.

In the ruling, Gleicher stated that enforcement of the 1931 law would “deprive pregnant women of their right to bodily integrity and autonomy, and the equal protection of the law… Enforcement also threatens pregnant women with irreparable injury because without the availability of abortion services, women will be denied appropriate, safe and constitutionally protected medical care.”

On August 29, the Michigan Department of Technology, Management & Budget (DTMB) announced the decision to guarantee access to generic oral birth control prescriptions beginning on September 1.

In May, Governor Gretchen Whitmer issued Executive Directive 2022-05 (previously reported on here, which called on departments to identify and assess opportunities to increase protections for reproductive health care. As a result, DTMB decided to add oral contraceptives to the Michigan Public School Employees’ Retirement System (MPSERS) Non-Medicare Master Healthcare plan, which covers approximately 200,000 retired school employees and their families. Members of the Non-Medicare plan will also have access to this coverage. Previously, oral contraceptives were only available under the Medicare plan.

In the press release from the Executive Office of the Governor, it was stated that almost 600 requests for birth control were denied in the state. DTMB will be working with the almost 600 individuals who were denied medication in the past 12 months to notify them of the new coverage.