HOUSE BILL NO. 6214

June 09, 2022, Introduced by Reps. Calley, Steven Johnson, Tisdel, Bollin, Beeler, Meerman, Rendon, Bellino, Hoitenga, Clements, Lightner, Eisen, Allor, Outman and Alexander and referred to the Committee on Oversight.

"Public health code,"

by amending sections 5203 and 5209 (MCL 333.5203 and 333.5209), section 5203 as amended and section 5209 as added by 1988 PA 490.

the people of the state of michigan enact:

Sec. 5203. (1) Upon a determination by a department representative or a local health officer that an individual is a carrier and is a health threat to others, the department representative or local health officer shall issue a warning notice to the individual requiring the individual to cooperate with the department or local health department in efforts to prevent or control transmission of serious communicable diseases or infections. The warning notice may also require the individual to participate in education, counseling, or treatment programs, and to undergo medical tests to verify the person's status as a carrier.

(2) A warning notice issued under subsection (1) shall must be in writing, except that in urgent circumstances, the warning notice may be an oral statement, followed by a written statement within 3 days. A warning notice shall must be individual and specific and shall must not be issued to a class of persons. A written warning notice shall must be served either by registered mail, return receipt requested, or personally by an individual who is employed by, or under contract to, the department or a local health department.

(3) A warning notice issued under subsection (1) shall must include a statement that unless the individual takes the action requested in the warning notice, the department representative or local health officer shall seek an order from the probate court, circuit court for the county of Ingham or for the county served by the local health department, pursuant to this part. The warning notice shall must also state that, except in cases of emergency, the individual to whom the warning notice is issued has the right to notice and a hearing and other rights provided in this part before the probate court issues an order.

(4) If a warning notice is issued under subsection (1) by a department representative or a local health officer, the department representative or the local health officer shall provide notice of the issuance to all of the following within 24 hours:

(a) The senate majority leader and the speaker of the house of representatives.

(b) Standing committees in the senate and house of representatives that deal primarily with oversight.

(c) Any other standing committee in the senate and house of representatives that the department representative or local health officer considers necessary or appropriate.

Sec. 5209. This part does not limit the power of the department, a local health department, or the probate a circuit court to deal with the prevention and control of communicable diseases and infections.