SENATE BILL NO. 624

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 9206 and 9227 (MCL 333.9206 and 333.9227), section 9206 as amended by 2023 PA 145 and section 9227 as amended by 2006 PA 91.

the people of the state of michigan enact:

Sec. 9206. (1) A health care provider administering an immunizing agent to a child shall present the person accompanying the child with a written certificate of immunization, or make an entry of the immunization on a certificate in the person's possession. The certificate must be in a form prescribed by the department and indicate the diseases or infections for which the child has been immunized, the number of doses given, the dates when administered, and whether further immunizations are indicated. Beginning January 1, 2024, the certificate must also have a space to indicate whether the minor has been tested for lead poisoning.

(2) Before administering an immunizing agent to a child, a health care provider shall notify the parent, guardian, or person in loco parentis of the child, on a form provided by the department, of the right to object to the reporting requirement described in subsection (3).

(3) Unless the parent, guardian, or person in loco parentis of the child who received the immunizing agent objects by written notice received by the health care provider prior to reporting, a health care provider shall report to the department each immunization administered by the health care provider, pursuant to rules promulgated under section 9227. If the parent, guardian, or person in loco parentis of the child who was immunized objects to the reporting requirement of this subsection by written notice received by the health care provider prior to notification, the health care provider shall not report the immunization.

(4) A health care provider who complies or fails to comply in good faith with subsection (3) is not liable in a civil action for damages as a result of an act or omission during the compliance, except an act or omission constituting gross negligence or willful and wanton misconduct.

(5) Beginning December 31, 2024, a health care provider shall submit to the department a report of the occurrence of an adverse event resulting from an immunizing agent pursuant to rules promulgated under section 9227. The report must include all of the following information:

(a) The age, date of birth, and sex of the patient.

(b) The name and dosage of the immunizing agent.

(c) The date, time, and location that the immunizing agent was administered.

(d) The date and time when the adverse event resulting from an immunizing agent started.

(e) The patient's symptoms.

(f) If applicable, any medical test result and laboratory test result for the patient.

(g) The outcome of the adverse event resulting from an immunizing agent.

(6) (5) As used in this section:

(a) "Adverse event resulting from an immunizing agent" means any of the following:

(i) An injury resulting from an immunizing agent that a patient reports to the health care provider.

(ii) An injury to a patient resulting from an immunizing agent if the injury is diagnosed by the health care provider.

(b) (a) "Health care provider" means a health professional, health facility, or local health department.

(c) (b) "Health professional" means an individual who is licensed, registered, or otherwise authorized to engage in a health profession under article 15.

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 Subject to subsection (3), 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 including, but not limited to, lead screening performed on children and the reporting of adverse events resulting from immunizing agents under section 9206.

(3) The department shall not promulgate or enforce a rule that grants a school, the principal or administrator of the school, or any other individual acting on behalf of the school access to the registry.

Statutes affecte