Bill Text: MI HB6205 | 2023-2024 | 102nd 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 of 368 (MCL 333.9215). TIE BAR WITH: HB 6206'24
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-12-03 - Bill Electronically Reproduced 12/03/2024 [HB6205 Detail]
Download: Michigan-2023-HB6205-Introduced.html
HOUSE BILL NO. 6205
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 the 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 does not take effect unless Senate Bill No.____ or House Bill No. 6206 (request no. 05847'24 a) of the 102nd Legislature is enacted into law.
