SENATE BILL No. 1416

 

 

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.