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.
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
(c) Establish procedures for controlling diseases and
infections, including, but not limited to, immunization and
(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
(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
(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
Sec. 5115a. (1) R 325.175 of the Michigan Administrative Code
(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
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
(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.
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
(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
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.