SB 1416, As Passed Senate

SB-1416, As Passed Senate, September 20, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1416

(As amended, September 20, 2006)

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 <<childhood immunization>> advisory committee

created within the department of community health. The committee

shall consist of the following members:

(a) Two individuals appointed by the senate majority leader.

(b) Two individuals appointed by the speaker of the house of

representatives.

Senate Bill No. 1416 as amended September 20, 2006 (1 of 2)

(2) The <<childhood immunization advisory committee shall meet as

it determines necessary to carry out its duties prescribed under this

section. The childhood immunization>> advisory committee shall do the

following:

(a) Assist the department in identifying materials that

contain information regarding the risks associated with the human

papillomavirus and cervical cancer <<and any other diseases FOR which the

department may recommend immunization or immunization information>> and

the availability,

effectiveness, and potential risks of the human papillomavirus

vaccine <<and the vaccinations to protect against those diseases>>.

(b) Approve the proposed materials <<or recommendations>>

identified by the

department under subdivision (a).

approved under subdivision (b).

<<(d) Review and approve recommendations made by the department to revise the list of childhood immunizations to be administered to include additional vaccinations that have been approved by the federal food and drug administration.>>

(3) Once the informational materials <<have been identified and

approved or the recommendations for additional childhood vaccinations

have been approved, the childhood immunization >> advisory committee

shall forward a copy of those

materials <<or recommendations>> to the standing committees in the senate

and house of

representatives that consider issues pertaining to public health

for approval. Within 45 days after the proposed materials <<or

recommendations>> are

forwarded and received, the legislature shall approve or reject

those recommendations by concurrent resolution adopted by both

standing committees of the senate and house of representatives that

consider issues pertaining to public health and adopted by both

houses of the legislature by recorded vote. If the proposed

materials <<or recommendations>> are not submitted on a legislative

session day, the 45

Senate Bill No. 1416 as amended September 20, 2006

days commence on the first legislative session day after the

recommendations are submitted. The 45 days shall include no fewer

than 9 legislative session days. Legislative disapproval shall be

expressed by concurrent resolution which shall be adopted by each

Senate Bill No. 1416 as amended September 20, 2006

house of the legislature. The concurrent resolution shall state

specific objections to the proposed materials<< or recommendations>>. If

the

recommendations are not rejected with the 45-day period, the

recommendations are approved and the department shall promptly

disseminate and make those materials available as required under

subsection (4). As used in this subsection, "legislative session

day" means each day in which a quorum of either the house of

representatives or the senate, following a call to order,

officially convenes in Lansing to conduct legislative business.

(4) Once the informational materials have been approved in

accordance with subsection (3), the department shall notify each

school in this state of the availability of the materials described

in this section and shall make those materials available on its

website.

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 health care provider administering the human

papillomavirus vaccine shall present the person accompanying the

child with a written statement or certificate of that immunization

or make an entry of that immunization on a certificate in the

person's possession. The statement or 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

Senate Bill No. 1416 as amended September 20, 2006

doses given, the dates when administered, and whether further

immunizations are indicated.

(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 <<AS IS

REQUIRED FOR ALL OTHER CHILDHOOD IMMUNIZATIONS>>.

loco parentis of the child to administer the immunizing agent <<AS IS

REQUIRED FOR ALL OTHER CHILDHOOD IMMUNIZATIONS>>.

(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.

(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 after initial

attendance showing that the immunizations have been completed as

prescribed by the department.

(3) Beginning with the 2008 school year, the parent, guardian,

or person in loco parentis of a female child enrolling in grade 6

for the first time in a public or nonpublic school shall submit to

school officials 1 of the following:

(a) A statement or certificate of immunization signed by a

physician that the child has received the human papillomavirus

vaccine.

(b) A statement signed by the child's parent, guardian, or

person in loco parentis to the effect that the parent, guardian, or

person in loco parentis has received the information on the

connection between human papillomavirus and cervical cancer

identified by the department under section 9205b and that the

parent, guardian, or person in loco parentis has elected for the

child not to receive the human papillomavirus vaccine.

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.

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.