Bill Text: MI HB4425 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Health; immunizations; promulgation of certain rules by the department of health and human services that are more stringent than the vaccination exemptions provided in statute and that exclude individuals from school as a disease control measure; prohibit. Amends secs. 5111, 9215 & 9227 of 1978 PA 368 (MCL 333.5111 et seq.) & adds sec. 5115a. TIE BAR WITH: HB 4426'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-29 - Bill Electronically Reproduced 03/28/2017 [HB4425 Detail]

Download: Michigan-2017-HB4425-Introduced.html

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HOUSE BILL No. 4425

 

 

March 28, 2017, Introduced by Reps. Barrett, Johnson, Noble, Kelly, Glenn, Cole, Hornberger, Hoitenga, Tedder, Bellino, Lucido, Reilly, Marino, Miller, Yaroch, Runestad, Crawford, LaFave and Chatfield and referred to the Committee on Education Reform.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 5111, 9215, and 9227 (MCL 333.5111, 333.9215,

 

and 333.9227), section 5111 as amended by 2016 PA 64 and section

 

9227 as amended by 2006 PA 91, and by adding section 5115a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5111. (1) In carrying out its authority under this

 

article, the department shall maintain a list of reportable

 

diseases, infections, and disabilities that designates and

 

classifies communicable, serious communicable, chronic, or

 

noncommunicable diseases, infections, and disabilities. The

 

department shall review and revise the list under this subsection

 

at least annually.

 

     (2) In Except as otherwise provided in section 5115a, in

 

carrying out its authority under this article, the department may

promulgate rules to do any of the following:

 

     (a) Establish requirements for reporting and other

 

surveillance methods for measuring the occurrence of diseases,

 

infections, and disabilities and the potential for epidemics. Rules

 

promulgated under this subdivision may require a licensed health

 

professional or health facility to submit to the department or a

 

local health department, on a form provided by the department, a

 

report of the occurrence of a communicable disease, serious

 

communicable disease or infection, or disability. The rules

 

promulgated under this subdivision may require a report to be

 

submitted to the department not more than 24 hours after a licensed

 

health professional or health facility determines that an

 

individual has a serious communicable disease or infection.

 

     (b) Investigate cases, epidemics, and unusual occurrences of

 

diseases, infections, and situations with a potential for causing

 

diseases.

 

     (c) Establish procedures for controlling diseases and

 

infections, including, but not limited to, immunization and

 

environmental controls.

 

     (d) Establish procedures for preventing, detecting, and

 

treating disabilities and rehabilitating individuals suffering from

 

disabilities or disease, including nutritional problems.

 

     (e) Establish procedures for controlling rabies and the

 

disposition of nonhuman agents carrying disease, including rabid

 

animals.

 

     (f) Establish procedures for reporting known or suspected

 

cases of lead poisoning or undue lead body burden.

     (g) Designate communicable diseases or serious communicable

 

diseases or infections for which local health departments are

 

required to furnish care, including, but not limited to,

 

tuberculosis and sexually transmitted infection.

 

     (h) Implement this part and parts 52 and 53, including, but

 

not limited to, rules for discovering, caring for, and reporting an

 

individual having or suspected of having a communicable disease or

 

a serious communicable disease or infection, and establishing

 

approved tests under section 5123 and approved prophylaxes under

 

section 5125.

 

     (3) The department shall promulgate rules providing for the

 

confidentiality of reports, records, and data pertaining to

 

testing, care, treatment, reporting, and research associated with

 

communicable diseases and serious communicable diseases or

 

infections.

 

     Sec. 5115a. (1) R 325.175 of the Michigan Administrative Code

 

is rescinded.

 

     (2) The department's authority to promulgate rules under

 

section 5111 does not include the authority to promulgate or

 

enforce a rule allowing a local health officer who confirms or

 

reasonably suspects that an individual attending a school or group

 

program has a communicable disease to, as a disease control measure

 

that is not in the case of an epidemic, exclude from attendance an

 

individual who lacks documentation of immunity or is otherwise

 

considered susceptible to the communicable disease. As used in this

 

subsection, "group program" means that term as described in section

 

9211.

     Sec. 9215. (1) A child is exempt from the requirements of this

 

part as to a specific immunization for any period of time as to

 

which a physician certifies that a specific immunization is or may

 

be detrimental to the child's health or is not appropriate.

 

     (2) A child is exempt from this part if a parent, guardian, or

 

person in loco parentis of the child presents a written statement

 

to the administrator of the child's school or operator of the group

 

program to the effect that the requirements of this part cannot be

 

met because of religious convictions or other objection to

 

immunization.

 

     (3) The department's authority to promulgate rules under

 

section 9227 does not include the authority to promulgate or

 

enforce a rule that imposes a different or additional requirement

 

for a child to be exempt from this part than those described in

 

this section or that requires the exemptions described in this

 

section to be on a form prescribed by the department.

 

     (4) If the department provides information to the public on

 

the exemptions described in this section, then with that

 

information the department shall include information about the

 

effectiveness and potential risks of immunization for diseases for

 

which the department requires immunization under section 9227.

 

     Sec. 9227. (1) The Except as otherwise provided in section

 

9215, the department shall promulgate rules to implement this part,

 

including, but not limited to, rules governing all of the

 

following:

 

     (a) Age periods for immunizations.

 

     (b) The minimum ages at which immunization may be commenced.

     (c) The minimum number of doses required during a specified

 

time period.

 

     (d) Minimum levels of immunization for children in school.

 

     (e) Reporting under section 9206(3).

 

     (f) The acquisition, maintenance, and dissemination of

 

information contained in the registry established under section

 

9207.

 

     (2) The department shall promulgate rules to implement the

 

expansion of the registry to include the reporting and recording of

 

additional information such as lead screening performed on

 

children.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 4426 (request no.

 

01983'17 a) of the 99th Legislature is enacted into law.