HOUSE BILL NO. 4552

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 9215 and 9227 (MCL 333.9215 and 333.9227), section 9227 as amended by 2006 PA 91, and by adding section 5115a.

the people of the state of michigan enact:

Sec. 5115a. (1) Notwithstanding section 5111 or any other provision of this act, the department's authority to promulgate rules does not include the authority to promulgate or enforce a rule allowing a local health officer who confirms or reasonably suspects that an individual attending a school or group program has a communicable disease to, as a disease control measure that is not in the case of an epidemic, exclude from attendance an individual who lacks documentation of immunity or is otherwise considered susceptible to the communicable disease. As used in this subsection, "group program" means that term as described in section 9211.

(2) R 325.175 of the Michigan Administrative Code is rescinded.

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 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 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.

(3) Notwithstanding section 9227 or any other provision of this act, the department's authority to promulgate rules does not include the authority to promulgate or enforce a rule that imposes a different or additional requirement for a child to be exempt from this part than those described in this section or that requires the exemptions described in this section to be on a form prescribed by the department.

(4) Notwithstanding section 2435 or any other provision of this act, a local health department's authority to adopt a regulation under this act does not include the authority to adopt or enforce a regulation that imposes a different or additional requirement for a child to be exempt from this part than those described in this section or that requires the exemptions described in this section to be on a form prescribed by the local health department.

(5) If the department provides information to the public on the exemptions described in this section, then, with that information, the department shall include information about the effectiveness and potential risks of immunization for diseases for which the department requires immunization under section 9227.

Sec. 9227. (1) 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.

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. ____ (request no. S03040'25 a) or House Bill No. 4553 (request no. H03040'25 a) of the 103rd Legislature is enacted into law.