Bill Text: MI HB5361 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Health; immunizations; exemptions to immunization requirements; modify to require the use of forms created by the department. Amends sec. 9215 of 1978 PA 368 (MCL 333.9215). TIE BAR WITH: HB 5362'16

Spectrum: Moderate Partisan Bill (Democrat 14-2)

Status: (Introduced - Dead) 2016-02-17 - Bill Electronically Reproduced 02/16/2016 [HB5361 Detail]

Download: Michigan-2015-HB5361-Introduced.html

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HOUSE BILL No. 5361

February 16, 2016, Introduced by Reps. Hovey-Wright, Brinks, Plawecki, Chang, Singh, Zemke, LaVoy, Rutledge, Greig, Faris, Gay-Dagnogo, Byrd, Banks, Darany, Potvin and Pagel and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 9215 (MCL 333.9215).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 on a completed medical contraindication

 

form as prescribed in this section 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

 

completed nonmedical immunization waiver form as prescribed in this

 

section 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. The nonmedical immunization waiver form must be

 

obtained in person from a local health department by the parent,

 

guardian, or person in loco parentis of a child and, subject to

 

this subsection, the nonmedical immunization waiver form must be

 

signed by the parent, guardian, or person in loco parentis of the

 

child and witnessed by a local health officer. Before witnessing

 

the signature of a parent, guardian, or person in loco parentis of

 

a child on the nonmedical immunization waiver form described in

 

this section, the local health officer shall inform the parent,

 

guardian, or person in loco parentis of the child on the risks of

 

not receiving the vaccine being waived by the parent, guardian, or

 

person in loco parentis of the child and the benefits of

 

immunizations to the child and the community.

 

     (3) The department shall create a medical contraindication

 

form that must be used by a physician who certifies that a specific

 

immunization is or may be detrimental to a child's health or is not

 

appropriate. The department shall include on the medical

 

contraindication form at least all of the following:

 

     (a) A statement that the laws of this state require that a

 

child enrolled in a school or a group program be immunized against

 

the diseases specified by the department unless an exemption

 

applies.

 

     (b) A statement that a child is exempt from a specific

 

immunization for any period of time as to which a physician

 

certifies that the specific immunization is or may be detrimental

to the child's health or is not appropriate.

 

     (c) A statement that a child with a medical contraindication

 

to a vaccination is considered susceptible to a vaccine-preventable

 

disease and the child may be excluded from the child's school or

 

group program if an outbreak of that disease occurs in the school

 

or group program.

 

     (d) A space for the printed name and date of birth of the

 

child.

 

     (e) A space for the printed name of the child's school or

 

group program.

 

     (f) A space for the printed name, address, and telephone

 

number of the physician signing the medical contraindication form.

 

     (g) A space for the signature of the physician.

 

     (h) A space for the physician to identify the vaccine that is

 

medically contraindicated.

 

     (i) A space for the physician to describe the reason for the

 

exemption.

 

     (j) A space for the physician to indicate the date that the

 

exemption expires.

 

     (4) The department shall create a nonmedical immunization

 

waiver form that must be used by a parent, guardian, or person in

 

loco parentis of a child who claims an exemption for a child from

 

the immunization requirements of this part based on a religious

 

conviction or other objection to immunization. The department shall

 

include on the nonmedical immunization waiver form at least all of

 

the following:

 

     (a) Instructions to the parent, guardian, or person in loco

parentis of the child that sections 9208 and 9211 require the

 

parent, guardian, or person in loco parentis of the child to submit

 

to school officials or the operator of the child's group program

 

either a certificate of immunization verifying that the child has

 

been immunized against the diseases specified by the department or

 

a written statement indicating a religious conviction or other

 

objection to immunization.

 

     (b) A space for the printed name and date of birth of the

 

child.

 

     (c) A space for the parent, guardian, or person in loco

 

parentis of the child to identify the vaccine for which the parent,

 

guardian, or person in loco parentis objects.

 

     (d) A space for the parent, guardian, or person in loco

 

parentis of the child to describe his or her religious conviction

 

or other objection to immunization.

 

     (e) A space for the printed name, address, and telephone

 

number of the parent, guardian, or person in loco parentis of the

 

child signing the nonmedical immunization waiver form.

 

     (f) A space for the printed name of the child's school or

 

group program.

 

     (g) A statement indicating that the child may be excluded from

 

the child's school or group program if the local health department

 

or the department recommends excluding the child as a disease

 

control measure.

 

     (h) A statement that, by signing the nonmedical immunization

 

waiver form, the parent, guardian, or person in loco parentis of

 

the child acknowledges that the child and others may be at risk of

serious illness if the child contracts a disease that could have

 

been prevented through proper immunization.

 

     (i) A space for the signature of the parent, guardian, or

 

person in loco parentis of the child.

 

     (j) A space for the signature of the local health officer who

 

witnessed the signature of the parent, guardian, or person in loco

 

parentis of the child, including a certification that the local

 

health officer provided the information required under subsection

 

(2) to the parent, guardian, or person in loco parentis of the

 

child.

 

     (5) The department shall provide to all local health

 

departments the nonmedical immunization waiver form created under

 

subsection (4).

 

     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. 5362 (request no.

 

02687'15 a) of the 98th Legislature is enacted into law.