Bill Text: MI HB5162 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Health; immunizations; ability of department of health and human services to promulgate rules regarding immunizations; restrict and require new immunizations to be enacted into law. Amends secs. 5111 & 9227 of 1978 PA 368 (MCL 333.5111 & 333.9227). TIE BAR WITH: HB 5163'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-10-25 - Bill Electronically Reproduced 10/24/2017 [HB5162 Detail]

Download: Michigan-2017-HB5162-Introduced.html

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HOUSE BILL No. 5162

 

 

October 24, 2017, Introduced by Reps. Johnson, Barrett, Noble, Reilly, Glenn, Inman, Miller, Hernandez and Runestad and referred to the Committee on Oversight.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 5111 and 9227 (MCL 333.5111 and 333.9227),

 

section 5111 as amended by 2016 PA 64 and section 9227 as amended

 

by 2006 PA 91.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5111. (1) In carrying out its authority under this

 

article, the department shall maintain a list of reportable

 

diseases, infections, and disabilities that designates and

 

classifies communicable, serious communicable, chronic, or

 

noncommunicable diseases, infections, and disabilities. The

 

department shall review and revise the list under this subsection

 

at least annually.

 

     (2) In carrying out its authority under this article, the

 

department may promulgate rules to do any of the following:

 

     (a) Establish requirements for reporting and other

 

surveillance methods for measuring the occurrence of diseases,

 

infections, and disabilities and the potential for epidemics. Rules

 

promulgated under this subdivision may require a licensed health

 

professional or health facility to submit to the department or a

 

local health department, on a form provided by the department, a

 

report of the occurrence of a communicable disease, serious

 

communicable disease or infection, or disability. The rules

 

promulgated under this subdivision may require a report to be

 

submitted to the department not more than 24 hours after a licensed

 

health professional or health facility determines that an

 

individual has a serious communicable disease or infection.

 

     (b) Investigate cases, epidemics, and unusual occurrences of

 

diseases, infections, and situations with a potential for causing

 

diseases.

 

     (c) Establish Subject to section 9227(3), establish procedures

 

for controlling diseases and infections, including, but not limited

 

to, immunization and environmental controls.

 

     (d) Establish procedures for preventing, detecting, and

 

treating disabilities and rehabilitating individuals suffering from

 

disabilities or disease, including nutritional problems.

 

     (e) Establish procedures for controlling rabies and the

 

disposition of nonhuman agents carrying disease, including rabid

 

animals.

     (f) Establish procedures for reporting known or suspected

 

cases of lead poisoning or undue lead body burden.

 

     (g) Designate communicable diseases or serious communicable

 

diseases or infections for which local health departments are

 

required to furnish care, including, but not limited to,

 

tuberculosis and sexually transmitted infection.

 

     (h) Implement this part and parts 52 and 53, including, but

 

not limited to, rules for discovering, caring for, and reporting an

 

individual having or suspected of having a communicable disease or

 

a serious communicable disease or infection, and establishing

 

approved tests under section 5123 and approved prophylaxes under

 

section 5125.

 

     (3) The department shall promulgate rules providing for the

 

confidentiality of reports, records, and data pertaining to

 

testing, care, treatment, reporting, and research associated with

 

communicable diseases and serious communicable diseases or

 

infections.

 

     Sec. 9227. (1) The Except as otherwise provided in subsection

 

(3), 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.

 

     (3) Notwithstanding any other provision of this code to the

 

contrary, beginning on the effective date of the amendatory act

 

that added this subsection, the department shall not promulgate a

 

rule on any of the topics described in subsection (1)(a) to (c) or

 

requiring an individual to receive an immunizing agent that is not

 

required by the department on the effective date of the amendatory

 

act that added this subsection. However, a rule promulgated under

 

this code on any of the topics described in this subsection that is

 

in effect on the effective date of the amendatory act that added

 

this subsection remains in effect until a change to or rescission

 

of that rule is enacted into law.

 

     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.____ or House Bill No. 5163 (request no.

 

03425'17 a) of the 99th Legislature is enacted into law.