January 31, 2007, Introduced by Senators CHERRY, BIRKHOLZ, STAMAS, JACOBS, CLARKE, WHITMER, BRATER, SCHAUER, SCOTT, CASSIS, HUNTER, McMANUS, OLSHOVE, THOMAS, PRUSI, KAHN, GEORGE, VAN WOERKOM, GLEASON and CLARK-COLEMAN 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
(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
(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
care provider shall
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
(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
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
(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
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
(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
(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.