HOUSE BILL No. 4164

 

January 30, 2007, Introduced by Reps. Clack, Meadows, Constan, Lemmons, Vagnozzi, Johnson, Bieda, Gonzales, Espinoza, Donigan, Angerer, Sak, Alma Smith, Accavitti, Warren, Virgil Smith, Jackson, Hopgood, Wojno, Polidori, Leland and Cheeks and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 9206, 9208, and 9227 (MCL 333.9206, 333.9208,

 

and 333.9227), section 9206 as amended by 1996 PA 540, section 9208

 

as amended by 2000 PA 90, and section 9227 as amended by 2006 PA

 

91, and by adding section 9205b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9205b. (1) The department shall consult with the Michigan

 

advisory committee on immunizations on all of the following:

 

     (a) A review of the list of childhood immunizations required

 

for school entry or registration to a preschool program of group

 

residence or care to determine if the list should be revised to

 


include additional vaccinations that have been approved by the

 

federal food and drug administration or if vaccinations should be

 

removed.

 

     (b) Identifying and disseminating materials that contain

 

information regarding the risks associated with diseases for which

 

immunizations are recommended and the availability, effectiveness,

 

and potential risks of the vaccinations to protect against those

 

diseases.

 

     (2) On or before March 1 each year, the department shall

 

report to the senate and house of representatives standing

 

committees on health issues changes that have been made or are

 

being considered to the list of childhood immunizations and any

 

materials that have been identified or disseminated under

 

subsection (1) during the previous calendar year.

 

     (3) The department shall notify members of the senate and

 

house of representatives standing committees on health issues of

 

the day and time that meetings of the Michigan advisory committee

 

on immunizations will be held to discuss items required under

 

subsection (1). The department shall notify the members as required

 

in this subsection in advance of the meetings so that members may

 

attend if they wish.

 

     Sec. 9206. (1) The health care provider administering an

 

immunizing agent to a child shall present the person accompanying

 

the child with a written certificate of immunization, or make an

 

entry of the immunization on a certificate in the person's

 

possession. The certificate shall be in a form prescribed by the

 

department and shall indicate the diseases or infections for which

 


the child has been immunized, the number of doses given, the dates

 

when administered, and whether further immunizations are indicated.

 

Beginning with the 2008-2009 school year, the department shall

 

include the human papillomavirus vaccine in the certificate

 

prescribed under this subsection.

 

     (2) Before administering an immunizing agent to a child, a

 

health care provider shall notify do each of the following:

 

     (a) Notify the parent, guardian, or person in loco parentis of

 

the child, on a form provided by the department, of the right to

 

object to the reporting requirement of subsection (3).

 

     (b) Provide the parent, guardian, or person in loco parentis

 

of the child with the most recent vaccine information statement.

 

     (c) Obtain the consent of the parent, guardian, or person in

 

loco parentis of the child to administer the human papillomavirus

 

vaccine.

 

     (3) Unless the parent, guardian, or person in loco parentis of

 

the child who received the immunizing agent objects by written

 

notice received by the health care provider prior to reporting, a

 

health care provider shall report to the department each

 

immunization administered by the health care provider, pursuant to

 

rules promulgated under section 9227. If the parent, guardian, or

 

person in loco parentis of the child who was immunized objects to

 

the reporting requirement of this subsection by written notice

 

received by the health care provider prior to notification, the

 

health care provider shall not report the immunization.

 

     (4) A health care provider who complies or fails to comply in

 

good faith with subsection (3) is not liable in a civil action for

 


damages as a result of an act or omission during the compliance,

 

except an act or omission constituting gross negligence or willful

 

and wanton misconduct.

 

     (5) As used in this section, "health care provider" means a

 

health professional, health facility, or local health department.

 

     Sec. 9208. (1) A parent, guardian, or person in loco parentis

 

applying to have a child registered for the first time in a school

 

in this state and, beginning in 2002-2003, a parent, guardian, or

 

person in loco parentis of a child entering the sixth grade, shall

 

present to school officials, at the time of registration or not

 

later than the first day of school, a certificate of immunization

 

or statement of exemption under section 9215. A parent, guardian,

 

or person in loco parentis of a child entering the sixth grade

 

shall present to school officials, at the time of registration or

 

not later than the first day of school, a certificate of

 

immunization that beginning with the 2008-2009 school year includes

 

the human papillomavirus vaccine or statement of exemption under

 

section 9215.

 

     (2) A teacher or principal shall not permit a child to enter

 

or attend school unless a certificate indicating that a minimum of

 

1 dose of an immunizing agent against each of the diseases

 

specified by the department has been received and certified to by a

 

health professional or local health department. A parent, guardian,

 

or person in loco parentis having a child registered with only

 

these minimum doses of immunizing agents shall present an updated

 

certificate of immunization within 4 months, or a later date if

 

prescribed by the department, after initial attendance showing that

 


the immunizations have been completed as prescribed by the

 

department.

 

     Sec. 9227. (1) 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

 

and the administration of the human papillomavirus vaccine.