HOUSE BILL NO. 6491

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 5111 (MCL 333.5111), as amended by 2016 PA 64.

the people of the state of michigan enact:

Sec. 5111. (1) In carrying out its authority under this article, the department shall maintain a list of reportable diseases, infections, and disabilities that designates and classifies communicable, serious communicable, chronic, or noncommunicable diseases, infections, and disabilities. The department shall review and revise the list under this subsection at least annually.

(2) In carrying out its authority under this article, the department may, subject to subsection (4), promulgate rules to do any of the following:

(a) Establish requirements for reporting and other surveillance methods for measuring the occurrence of diseases, infections, and disabilities and the potential for epidemics. Rules promulgated under this subdivision may require a licensed health professional or health facility to submit to the department or a local health department, on a form provided by the department, a report of the occurrence of a communicable disease, serious communicable disease or infection, or disability. The rules promulgated under this subdivision may require a report to be submitted to the department not more than 24 hours after a licensed health professional or health facility determines that an individual has a serious communicable disease or infection.

(b) Investigate cases, epidemics, and unusual occurrences of diseases, infections, and situations with a potential for causing diseases.

(c) Establish procedures for controlling diseases and infections, including, but not limited to, immunization and environmental controls.

(d) Establish procedures for preventing, detecting, and treating disabilities and rehabilitating individuals suffering from disabilities or disease, including nutritional problems.

(e) Establish procedures for controlling rabies and the disposition of nonhuman agents carrying disease, including rabid animals.

(f) Establish procedures for reporting known or suspected cases of lead poisoning or undue lead body burden.

(g) Designate communicable diseases or serious communicable diseases or infections for which local health departments are required to furnish care, including, but not limited to, tuberculosis and sexually transmitted infection.

(h) Implement this part and parts 52 and 53, including, but not limited to, rules for discovering, caring for, and reporting an individual having or suspected of having a communicable disease or a serious communicable disease or infection, and establishing approved tests under section 5123 and approved prophylaxes under section 5125.

(3) The department shall promulgate rules providing for the confidentiality of reports, records, and data pertaining to testing, care, treatment, reporting, and research associated with communicable diseases and serious communicable diseases or infections.

(4) Any rules promulgated under subsection (2) that require a person, including a governmental entity, to report the occurrence of a communicable disease, serious communicable disease or infection, or disability to the department or a local health department must comply with all of the following:

(a) Allow an individual who has the communicable disease, serious communicable disease or infection, or disability to object to the reporting of the individual's name or other identifying information if the individual's name or other identifying information will be included in the report.

(b) Require the person making the report to notify the individual who has the communicable disease, serious communicable disease or infection, or disability of the right to object, on a form provided by the department, to the individual's name or other identifying information being included in the report.

(c) On the receipt of a written request from an individual who has a communicable disease, serious communicable disease or infection, or disability and whose name or other identifying information was included in a report, make any information pertaining to that individual inaccessible in any database maintained by the department.

Statutes affected:
House Introduced Bill: 333.5111