HOUSE BILL No. 4181


     February 13, 2001, Introduced by Reps. Wojno, Spade, Dennis, Callahan, Whitmer, Jacobs, Faunce and Hart and referred to the Committee on
Senior Health, Security and Retirement.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending sections 21332 and 21716 (MCL 333.21332 and

   333.21716), as added by 2000 PA 437.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 21332.  (1)  A  EXCEPT AS OTHERWISE PROVIDED IN SUBSEC-

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      TION (3), A home for the aged shall  offer  ASSURE THAT each res-

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      ident  , or shall provide each resident with information and

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      assistance in obtaining, an annual vaccination  IS VACCINATED

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      against influenza  in accordance with the most recent recommenda-

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      tions of the advisory committee on immunization practices of the

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      federal centers for disease control and prevention, as approved

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      by the department of community health  ANNUALLY BETWEEN NOVEMBER

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      15 AND DECEMBER 15.




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           (2) A HOME FOR THE AGED SHALL ENTER EACH VACCINATION UNDER

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      SUBSECTION (1) AND EACH WAIVER UNDER SUBSECTION (3) IN THE

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      VACCINATED RESIDENT'S PERMANENT RECORD.

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           (3) A HOME FOR THE AGED SHALL NOT VACCINATE A RESIDENT IF

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      THE RESIDENT OR A MEMBER OF THE RESIDENT'S FAMILY PRESENTS TO THE

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      ADMINISTRATOR OF THE HOME FOR THE AGED A WRITTEN STATEMENT THAT

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      VACCINATION IS CONTRARY TO THE RESIDENT'S RELIGIOUS OR OTHER

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      BELIEFS OR IS MEDICALLY INAPPROPRIATE.

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           Sec. 21716.  (1)  A  EXCEPT AS OTHERWISE PROVIDED IN SUBSEC-

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      TION (3), A nursing home shall  offer  ASSURE THAT each resident

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       , or shall provide each resident with information and assistance

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      in obtaining, an annual vaccination  IS VACCINATED against influ-

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      enza  in accordance with the most recent recommendations of the

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      advisory committee on immunization practices of the federal cen-

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      ters for disease control and prevention, as approved by the

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      department of community health  ANNUALLY BETWEEN NOVEMBER 15 AND

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      DECEMBER 15.

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           (2) A NURSING HOME SHALL ENTER EACH VACCINATION UNDER SUB-

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      SECTION (1) AND EACH WAIVER UNDER SUBSECTION (3) IN THE VACCI-

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      NATED RESIDENT'S PERMANENT MEDICAL RECORD.

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           (3) A NURSING HOME SHALL NOT VACCINATE A RESIDENT UNDER THIS

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      SECTION IF THE RESIDENT OR A MEMBER OF THE RESIDENT'S FAMILY

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      PRESENTS TO THE NURSING HOME ADMINISTRATOR A WRITTEN STATEMENT

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      THAT INFLUENZA VACCINATION IS CONTRARY TO THE RESIDENT'S RELI-

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      GIOUS OR OTHER BELIEFS OR IS MEDICALLY INAPPROPRIATE.







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