state of michigan
101st Legislature
Regular session of 2021
Introduced by Reps. Bollin, Hornberger, Paquette, Lightner, Bellino, Steven Johnson, Beson, Roth, Maddock, Allor, Markkanen, Griffin, Eisen and Meerman
ENROLLED HOUSE BILL No. 4728
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 2253 and 2453 (MCL 333.2253 and 333.2453), section 2253 as amended by 2006 PA 157.
The People of the State of Michigan enact:
Sec. 2253. (1) Except as otherwise provided in subsection (4), if the director determines that control of an epidemic is necessary to protect the public health, the director by emergency order may prohibit the gathering of people for any purpose and may establish procedures to be followed during the epidemic to ensure continuation of essential public health services and enforcement of health laws. Emergency procedures are not limited to this code.
(2) If an epidemic described in subsection (1) involves avian influenza or another virus or disease that is or may be spread by contact with animals, the department of agriculture and rural development shall cooperate with and assist the director in the director’s response to the epidemic.
(3) On request from the director, the department of agriculture and rural development shall assist the department in any review or update of the department’s pandemic influenza plan under section 5112.
(4) An emergency order issued under this section shall not prohibit
or otherwise limit a high school graduation commencement ceremony sponsored by
a public or nonpublic school to honor the graduating class of 2020 or 2021 and
that is held during the 2020-2021 school year.
Sec. 2453. (1) Except as otherwise provided in subsection (3), if a local health officer determines that control of an epidemic is necessary to protect the public health, the local health officer may issue an emergency order to prohibit the gathering of people for any purpose and may establish procedures to be followed by persons, including a local governmental entity, during the epidemic to ensure continuation of essential public health services and enforcement of health laws. Emergency procedures are not limited to this code.
(2) A local health department or the department may provide for the involuntary detention and treatment of individuals with hazardous communicable disease in the manner prescribed in sections 5201 to 5210.
(3) An emergency order issued under this section shall not prohibit or otherwise limit a high school graduation commencement ceremony sponsored by a public or nonpublic school to honor the graduating class of 2020 or 2021 and that is held during the 2020-2021 school year.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor