HOUSE BILL NO. 6205
November 26, 2024, Introduced by Rep. Skaggs 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:
1 Sec. 9215. (1) A child is exempt from the requirements of this
2 part as to a specific immunization for any period of time as to
3 which a physician certifies on a completed medical contraindication
4 form as prescribed in this section that a specific immunization is
5 or may be detrimental to the child's health or is not appropriate.
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1 (2) A child is exempt from this part if a parent, guardian, or
2 person in loco parentis of the child presents a written statement
3 completed nonmedical immunization waiver form as prescribed in this
4 section to the administrator of the child's school or operator of
5 the group program to the effect that the requirements of this part
6 cannot be met because of religious convictions or other objection
7 to immunization. The nonmedical immunization waiver form must be
8 obtained in person from a local health department by the parent,
9 guardian, or person in loco parentis of a child and, subject to
10 this subsection, the nonmedical immunization waiver form must be
11 signed by the parent, guardian, or person in loco parentis of the
12 child and witnessed by a local health officer. Before witnessing
13 the signature of a parent, guardian, or person in loco parentis of
14 a child on the nonmedical immunization waiver form described in
15 this section, the local health officer shall inform the parent,
16 guardian, or person in loco parentis of the child on the risks of
17 not receiving the vaccine being waived by the parent, guardian, or
18 person in loco parentis of the child and the benefits of
19 immunizations to the child and the community.
20 (3) The department shall create a medical contraindication
21 form that must be used by a physician who certifies that a specific
22 immunization is or may be detrimental to a child's health or is not
23 appropriate. The department shall include on the medical
24 contraindication form at least all of the following:
25 (a) A statement that the laws of this state require that a
26 child enrolled in a school or a group program be immunized against
27 the diseases specified by the department unless an exemption
28 applies.
29 (b) A statement that a child is exempt from a specific
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1 immunization for any period of time as to which a physician
2 certifies that the specific immunization is or may be detrimental
3 to the child's health or is not appropriate.
4 (c) A statement that a child with a medical contraindication
5 to a vaccination is considered susceptible to a vaccine-preventable
6 disease and the child may be excluded from the child's school or
7 group program if an outbreak of that disease occurs in the school
8 or group program.
9 (d) A space for the printed name and date of birth of the
10 child.
11 (e) A space for the printed name of the child's school or
12 group program.
13 (f) A space for the printed name, address, and telephone
14 number of the physician signing the medical contraindication form.
15 (g) A space for the signature of the physician.
16 (h) A space for the physician to identify the vaccine that is
17 medically contraindicated.
18 (i) A space for the physician to describe the reason for the
19 exemption.
20 (j) A space for the physician to indicate the date that the
21 exemption expires.
22 (4) The department shall create a nonmedical immunization
23 waiver form that must be used by a parent, guardian, or person in
24 loco parentis of a child who claims an exemption for a child from
25 the immunization requirements of this part based on a religious
26 conviction or other objection to immunization. The department shall
27 include on the nonmedical immunization waiver form at least all of
28 the following:
29 (a) Instructions to the parent, guardian, or person in loco
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1 parentis of the child that sections 9208 and 9211 require the
2 parent, guardian, or person in loco parentis of the child to submit
3 to school officials or the operator of the child's group program
4 either a certificate of immunization verifying that the child has
5 been immunized against the diseases specified by the department or
6 a written statement indicating a religious conviction or other
7 objection to immunization.
8 (b) A space for the printed name and date of birth of the
9 child.
10 (c) A space for the parent, guardian, or person in loco
11 parentis of the child to identify the vaccine for which the parent,
12 guardian, or person in loco parentis objects.
13 (d) A space for the parent, guardian, or person in loco
14 parentis of the child to describe the religious conviction or other
15 objection to immunization.
16 (e) A space for the printed name, address, and telephone
17 number of the parent, guardian, or person in loco parentis of the
18 child signing the nonmedical immunization waiver form.
19 (f) A space for the printed name of the child's school or
20 group program.
21 (g) A statement indicating that the child may be excluded from
22 the child's school or group program if the local health department
23 or the department recommends excluding the child as a disease
24 control measure.
25 (h) A statement that, by signing the nonmedical immunization
26 waiver form, the parent, guardian, or person in loco parentis of
27 the child acknowledges that the child and others may be at risk of
28 serious illness if the child contracts a disease that could have
29 been prevented through proper immunization.
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1 (i) A space for the signature of the parent, guardian, or
2 person in loco parentis of the child.
3 (j) A space for the signature of the local health officer who
4 witnessed the signature of the parent, guardian, or person in loco
5 parentis of the child, including a certification that the local
6 health officer provided the information required under subsection
7 (2) to the parent, guardian, or person in loco parentis of the
8 child.
9 (5) The department shall provide to all local health
10 departments the nonmedical immunization waiver form created under
11 subsection (4).
12 Enacting section 1. This amendatory act does not take effect
13 unless Senate Bill No.____ or House Bill No. 6206 (request no.
14 05847'24 a) of the 102nd Legislature is enacted into law.
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Statutes affected:
House Introduced Bill: 333.9215