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