Bill Text: MI SB0495 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Health: other; definition of epidemic; provide for, and place limits on the issuance of certain emergency orders involving epidemics. Amends secs. 2253 & 2453 of 1978 PA 368 (MCL 333.2253 & 333.2453).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-05-27 - Referred To Committee On Health Policy And Human Services [SB0495 Detail]
Download: Michigan-2021-SB0495-Introduced.html
SENATE BILL NO. 495
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2253 and 2453 (MCL 333.2253 and 333.2453), section 2253 as amended by 2006 PA 157.
the people of the state of michigan enact:
Sec. 2253. (1) If Subject to this section, if the director determines that control of an epidemic is necessary to protect the public health, the director by emergency order may prohibit the gathering of people for any purpose and may establish procedures in the emergency order to be followed during the epidemic to insure ensure continuation of essential public health services and enforcement of health laws. Emergency procedures shall are not be limited to this code.
(2) If an epidemic described in subsection (1) involves avian influenza or another virus or disease that is or may be spread by contact with animals, the department of agriculture and rural development shall cooperate with and assist the director in the director's response to the epidemic.
(3) Upon On request from the director, the department of agriculture and rural development shall assist the department in any review or update of the department's pandemic influenza plan under section 5112.
(4) An emergency order issued under this section must identify the epidemic that is the subject of the emergency order and include both of the following:
(a) A description of how any prohibition on the gathering of persons or procedures to be followed in the emergency order protects the public health.
(b) All information that the director used when making the determination to issue the emergency order, including, but not limited to, data or statistics used by the director in determining that the control of the epidemic through emergency order is necessary to protect the public health.
(5) Subject to subsection (6), the department shall not issue a statewide emergency order under this section unless all of the following requirements are met:
(a) The department determines that each health facility located in this state maintains a surge capacity below 20% in admissions or patient transfers.
(b) That all of the following are met for the qualified condition that is the subject of the epidemic:
(i) The percentage of positive test results for the qualified condition is at or above 10% within a 14-day period for each county within this state.
(ii) The percentage of patients who are presented to emergency departments exhibiting symptoms of or to receive treatment for the qualified condition is at or above 25% within a 14-day period for each county within this state.
(iii) The number of beds available in intensive care units is at or below 25% within a 14-day period for each county within this state.
(iv) The number of ventilators available to patients is at or below 25% within a 14-day period for each county within this state.
(6) A calculation performed for purposes of subsection (5) must not include individuals who are housed in any of the following:
(a) A state or federal correctional facility.
(b) A county jail.
(c) A congregate care setting.
(7) The director shall immediately terminate a statewide emergency order issued under this section if 1 or more of the requirements described in subsection (5) are no longer met.
(8) As used in this section:
(a) "Communicable disease" means that term as defined in section 5101.
(b) "Congregate care setting" means a residential environment where a group of individuals reside, meet, or gather in close proximity for a limited or extended period of time.
(c) "County jail" means a facility operated by a county for the physical detention and correction of individuals charged with, or convicted of, criminal offenses or ordinance violations or individuals found guilty of civil or criminal contempt.
(d) "Epidemic" means an increase in the number of cases of a qualified condition during a specific time period or in a geographic area or demographic segment of the population, due to an infectious agent being effectively conveyed from a source to a susceptible host and that results from 1 or more of the following:
(i) An increase in amount or virulence of the infectious agent in a defined geographic area.
(ii) The introduction of the infectious agent into a setting where it has not been before.
(iii) An enhanced mode of transmission causing individuals who are more susceptible to the infectious agent being exposed.
(iv) A change in the susceptibility of a host's response to the infectious agent.
(v) A factor that increases a host's exposure to the infectious agent or involves the introduction of the infectious agent through a new portal of entry.
(e) "Health facility" means a health facility or agency as that term is defined in section 20106.
(f) "Qualified condition" means a communicable disease, infection, or other health condition.
Sec. 2453. (1) If a local health officer determines that control of an epidemic is necessary to protect the public health and that the factors described in subsection (3) are met, the local health officer may issue an emergency order to prohibit the gathering of people for any purpose and may establish procedures in the emergency order to be followed by persons, including a local governmental entity, during the epidemic to insure ensure continuation of essential public health services and enforcement of health laws. Emergency procedures shall are not be limited to this code.
(2) A local health department or the department may provide for the involuntary detention and treatment of individuals with hazardous communicable disease in the manner prescribed in sections 5201 to 5238.5210.
(3) Subject to subsections (4) and (5), before issuing an emergency order under this section, a local health officer must determine that all of the following are met:
(a) That each health facility located in the area served by the local health department maintains a surge capacity below 20% in admissions or patient transfers.
(b) That all of the following are met for the qualified condition that is the subject of the epidemic:
(i) The number of confirmed cases of the qualified condition is above 55 per 1,000,000 within a 14-day period.
(ii) The percentage of positive test results for the qualified condition is at or above 10% within a 14-day period.
(iii) Hospitalizations for the qualified condition have increased by 25% or more within a 14-day period.
(4) A calculation performed for purposes of subsection (3) must not include individuals who are housed in any of the following:
(a) A state or federal correctional facility.
(b) A county jail.
(c) A congregate care setting.
(5) The following apply for purposes of performing the calculations described in subsection (3)(b):
(a) If the local health department is a county health department for a single county as provided under section 2413, the calculations must be performed for the county.
(b) If the local health department is a district health department created under section 2415, the calculations must be performed separately for each county that united to create the district health department or separately for each city and each county that united to create the district health department. The local health officer shall not issue an emergency order under this section that covers the entire area served by the local health department unless each county or city described in this subdivision, as applicable, meets the requirements described in subsection (3)(b).
(c) If the local health department is a city health department created under section 2421, the calculations must be performed for the city.
(6) The local health officer shall immediately terminate an emergency order issued under this section if 1 or more of the requirements described in subsection (3) are no longer met.
(7) As used in this section:
(a) "Congregate care setting" means a residential environment where a group of individuals reside, meet, or gather in close proximity for a limited or extended period of time.
(b) "County jail" means a facility operated by a county for the physical detention and correction of individuals charged with, or convicted of, criminal offenses or ordinance violations or individuals found guilty of civil or criminal contempt.
(c) "Epidemic" means that term as defined in section 2253.
(d) "Health facility" means a health facility or agency as that term is defined in section 20106.
(e) "Qualified condition" means that term as defined in section 2253.
