HOUSE BILL No. 4288 February 20, 2001, Introduced by Rep. Jamnick and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5101 and 5111 (MCL 333.5101 and 333.5111), as amended by 1994 PA 200. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 5101. (1) As used in this article: 2 (A) "ACCREDITED VETERINARIAN" MEANS THAT TERM AS DEFINED IN 3 SECTION 1 OF 1994 PA 358, MCL 287.891. 4 (B)(a)"Care" includes treatment, control, transporta- 5 tion, confinement, and isolation in a facility or other 6 location. 7 (C)(b)"Communicable disease" means an illness due to a 8 specific infectious agent or its toxic products that results from 9 transmission of that infectious agent or its products from a 10 reservoir to a susceptible host, directly as from an infected 01999'01 TMV 2 1 individual or animal, or indirectly through the agency of an 2 intermediate plant or animal host, vector, or the inanimate 3 environment. 4 (D)(c)"HIV" means human immunodeficiency virus. 5 (E)(d)"HIV infection" or "HIV infected" means the status 6 of an individual who has tested positive for HIV, as evidenced by 7 either a double positive enzyme-linked immunosorbent assay test, 8 combined with a positive western blot assay test, or a positive 9 result under an HIV test that is considered reliable by the fed- 10 eral centers for disease control and is approved by the 11 department. 12 (F)(e)"Immunization" means the process of increasing an 13 individual's immunity to a disease by use of a vaccine, antibody 14 preparation, or other substance. 15 (G)(f)"Infection" means the invasion of the body with 16 microorganisms or parasites, whether or not the invasion results 17 in detectable pathologic effects. 18 (H)(g)"Serious communicable disease or infection" means 19 a communicable disease or infection that is designated as serious 20 by the department pursuant to this part. Serious communicable 21 disease or infection includes, but is not limited to, HIV infec- 22 tion, acquired immunodeficiency syndrome, venereal disease, and 23 tuberculosis. 24 (I)(h)"Venereal disease" means syphilis, gonorrhea, 25 chancroid, lymphogranuloma venereum, granuloma inguinale, and 26 other sexually transmitted diseaseswhichTHAT the department 01999'01 3 1 DESIGNATES by rulemay designate and requireAND REQUIRES to be 2 reported. 3 (2) In addition, article 1 contains general definitions and 4 principles of construction applicable to all articles in this 5 code. 6 Sec. 5111. (1) In carrying out its authority under this 7 article, the department may promulgate rules to: 8 (a) Designate and classify communicable, serious communica- 9 ble, chronic, AND other noncommunicable diseases, infections, and 10 disabilities. 11 (b) Establish requirements for reporting and other surveil- 12 lance methods for measuring the occurrence of diseases, infec- 13 tions, and disabilities and the potential for epidemics. Rules 14 promulgated under this subdivision may require a licensed health 15 professional or health facility to submit to the department or a 16 local health department, on a form provided by the department, a 17 report of the occurrence of a communicable disease, serious com- 18 municable disease or infection, or disability. The rules promul- 19 gated under this subdivision may require a report to be submitted 20 to the department not more than 24 hours after a licensed health 21 professional or health facility determines that an individual has 22 a serious communicable disease or infection. 23 (c) Investigate cases, epidemics, and unusual occurrences of 24 diseases, infections, and situations with a potential for causing 25 diseases. 01999'01 4 1 (d) Establish procedures for control of diseases and 2 infections, including, but not limited to, immunization and 3 environmental controls. 4 (e) Establish procedures for the prevention, detection, and 5 treatment of disabilities and rehabilitation of individuals suf- 6 fering from disabilities or disease, including nutritional 7 problems. 8 (f) Establish procedures for control of rabies and the dis- 9 position of nonhuman agents carrying disease, including rabid 10 animals. IF A LOCAL HEALTH OFFICER BELIEVES THAT AN ANIMAL HAS 11 BITTEN, SCRATCHED, CAUSED ABRASIONS TO, OR CONTAMINATED WITH 12 SALIVA OR OTHER INFECTIOUS MATERIAL AN OPEN WOUND OR MUCUS MEM- 13 BRANE OF A HUMAN BEING, A LOCAL HEALTH OFFICER MAY ORDER THAT THE 14 ANIMAL BE EUTHANIZED AND ITS BRAIN EXAMINED FOR RABIES BEFORE THE 15 EXPIRATION OF ANY QUARANTINE PERIOD ESTABLISHED BY THE 16 DEPARTMENT. THE LOCAL HEALTH OFFICER SHALL CONSULT WITH AN 17 ACCREDITED VETERINARIAN BEFORE ISSUING SUCH AN ORDER. THE ORDER 18 SHALL STATE THE REASON FOR THE ORDER, SUCH AS THE VACCINATION 19 STATUS OF THE ANIMAL, THE OCCURRENCE OF RABIES IN THE AREA, THE 20 ABSENCE OF PROVOCATION FOR THE INCIDENT, THE SEVERITY OF A WOUND, 21 OR A WOUND'S PROXIMITY TO THE BRAIN. 22 (g) Establish procedures for the reporting of known or sus- 23 pected cases of lead poisoning or undue lead body burden. 24 (h) Designate communicable diseases or serious communicable 25 diseases or infections for which local health departments are 26 required to furnish care including, but not limited to, 27 tuberculosis and venereal disease. 01999'01 5 1 (i) Implement this part and parts 52 and 53 including, but 2 not limited to, rules for the discovery, care, and reporting of 3 an individual having or suspected of having a communicable dis- 4 ease or a serious communicable disease or infection, and to 5 establish approved tests under section51255123 and approved 6 prophylaxes under section51275125. 7 (2) The department shall promulgate rules to provide for the 8 confidentiality of reports, records, and data pertaining to test- 9 ing, care, treatment, reporting, and research associated with 10 communicable diseases and serious communicable diseases or 11 infections. The rules shall specify the communicable diseases 12 and serious communicable diseases or infections covered under the 13 rules and shall include, but are not limited to, hepatitis B, 14 venereal disease, and tuberculosis. The rules shall not apply to 15 the serious communicable diseases or infections of HIV infection, 16 or acquired immunodeficiency syndrome.The department shall17submit the rules for public hearing under the administrative pro-18cedures act of 1969 by November 20, 1989.01999'01 Final page. TMV