HB 4552

HOUSE BILL NO. 4552
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 9215 and 9227 (MCL 333.9215 and
333.9227), section 9227 as amended by 2006 PA 91, and by adding section 5115a.
the people of the state of michigan enact:
Sec. 5115a. (1) Notwithstanding
section 5111 or any other provision of this act, the department's authority to
promulgate rules does not include the authority to promulgate or enforce a rule
allowing a local health officer who confirms or reasonably suspects that an
individual attending a school or group program has a communicable disease to,
as a disease control measure that is not in the case of an epidemic, exclude
from attendance an individual who lacks documentation of immunity or is
otherwise considered susceptible to the communicable disease. As used in this
subsection, "group program" means that term as described in section
9211.
(2) R
325.175 of the Michigan Administrative Code is rescinded.
Sec. 9215. (1) A child
is exempt from the requirements of this part as to a specific immunization for
any period of time as to which a physician certifies that a specific
immunization is or may be detrimental to the child's health or is not
appropriate.
(2) A child is exempt from this part if a parent, guardian, or
person in loco parentis of the child presents a written statement to the
administrator of the child's school or operator of the group program to the
effect that the requirements of this part cannot be met because of religious
convictions or other objection to immunization.
(3) Notwithstanding
section 9227 or any other provision of this act, the department's authority to
promulgate rules does not include the authority to promulgate or enforce a rule
that imposes a different or additional requirement for a child to be exempt
from this part than those described in this section or that requires the
exemptions described in this section to be on a form prescribed by the
department.
(4)
Notwithstanding section 2435 or any other provision of this act, a local health
department's authority to adopt a regulation under this act does not include
the authority to adopt or enforce a regulation that imposes a different or
additional requirement for a child to be exempt from this part than those
described in this section or that requires the exemptions described in this
section to be on a form prescribed by the local health department.
(5) If the
department provides information to the public on the exemptions described in
this section, then, with that information, the department shall include
information about the effectiveness and potential risks of immunization for
diseases for which the department requires immunization under section 9227.
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.
Enacting section 1.
This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take
effect unless Senate Bill No. ____ (request no. S03040'25 a) or House Bill No.
4553 (request no. H03040'25 a) of the 103rd Legislature is enacted into law.