September 12, 2006, Introduced by Senators HAMMERSTROM, CASSIS, McMANUS, TOY, PATTERSON, BIRKHOLZ, JOHNSON, CHERRY, WHITMER, SCOTT, CLARK-COLEMAN, JACOBS, BRATER, GEORGE and STAMAS 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. By September 1, 2007, the department shall
identify materials that contain information regarding the risks
associated with the human papillomavirus and cervical cancer and
the availability, effectiveness, and potential risks of the human
papillomavirus vaccine. The department shall notify each school in
this state of the availability of the materials described in this
section and shall post the materials 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
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 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).
(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 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.
(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.