January 30, 2007, Introduced by Reps. Clack, Donigan, Hammon, Gonzales, Warren, Hammel, Jackson, Hopgood, Wojno, Polidori, Leland, Vagnozzi, Espinoza, Mayes and Shaffer and referred to the Committee on Education.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 9208 and 9227 (MCL 333.9208 and 333.9227),
section 9208 as amended by 2000 PA 90 and section 9227 as amended
by 2006 PA 91, and by adding sections 9205b and 9206a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9205b. (1) The childhood health advisory committee is
created within the department of community health. The committee
shall consist of the following members, who shall be appointed on
or before the expiration of 60 days after the effective date of
this section:
(a) Two individuals appointed by the senate majority leader.
(b) Two individuals appointed by the speaker of the house of
representatives.
(c) Three individuals appointed by the governor.
(2) The childhood health advisory committee shall meet as it
determines necessary to carry out its duties prescribed under this
section. The childhood health advisory committee shall do the
following:
(a) Assist the department in identifying materials that
contain information regarding the benefits of dental examinations
in young children, the benefits of early prevention and detection
of dental or other diseases of the oral cavity in children, and the
risks associated with not having an early and regular dental
examination.
(b) Approve the proposed materials or recommendations
identified by the department under subdivision (a).
(c) Oversee the marketing and dissemination of the information
approved under subdivision (b).
(d) Review and approve recommendations made by the department
to revise the list of childhood examinations to be administered.
(3) Once the informational materials have been identified and
approved or the recommendations for additional childhood
examinations have been approved, the childhood health advisory
committee shall forward a copy of those materials or
recommendations to the standing committees in the senate and house
of representatives that consider issues pertaining to public health
for approval. Within 45 days after the proposed materials or
recommendations are forwarded and received, the legislature shall
approve or reject those recommendations by concurrent resolution
adopted by both standing committees of the senate and house of
representatives that consider issues pertaining to public health
and adopted by both houses of the legislature by recorded vote. If
the proposed materials or recommendations are not submitted on a
legislative session day, the 45 days commence on the first
legislative session day after the recommendations are submitted.
The 45 days shall include no fewer than 9 legislative session days.
Legislative disapproval shall be expressed by concurrent resolution
which shall be adopted by each house of the legislature. The
concurrent resolution shall state specific objections to the
proposed materials or recommendations. If the recommendations are
not rejected with the 45-day period, the recommendations are
approved and the department shall promptly disseminate and make
those materials available as required under subsection (4). As used
in this subsection, "legislative session day" means each day in
which a quorum of either the house of representatives or the
senate, following a call to order, officially convenes in Lansing
to conduct legislative business.
(4) Once the informational materials have been approved in
accordance with subsection (3), the department shall notify each
school in this state of the availability of the materials described
in this section and shall make those materials available on its
website.
Sec. 9206a. A dentist who performs a dental examination on a
child who is at least 3 years of age and has not been enrolled in
kindergarten shall present to the person accompanying the child a
written statement signed by the dentist indicating that a dental
examination has been conducted during the preschool years.
Sec. 9208. (1) A parent, guardian, or person in loco parentis
applying to have a child registered for the first time in a school
in
this state and , beginning in 2002-2003, a parent, guardian, or
person in loco parentis of a child entering the sixth grade, shall
present to school officials, at the time of registration or not
later than the first day of school, a certificate of immunization
or statement of exemption under section 9215.
(2) A teacher or principal shall not permit a child to enter
or attend school unless a certificate indicating that a minimum of
1 dose of an immunizing agent against each of the diseases
specified by the department has been received and certified to by a
health professional or local health department. A parent, guardian,
or person in loco parentis having a child registered with only
these minimum doses of immunizing agents shall present an updated
certificate of immunization within 4 months after initial
attendance showing that the immunizations have been completed as
prescribed by the department.
(3) Beginning with the 2008 school year, the parent, guardian,
or person in loco parentis of a child registered for the first time
in a public or nonpublic school in this state shall submit to
school officials, at the time of registration or not later than the
first day of school, 1 of the following:
(a) A statement signed by a licensed dentist that the child
has received a dental examination during his or her preschool years
after age 3 and before initial enrollment in kindergarten.
(b) A statement signed by the child's parent, guardian, or
person in loco parentis to the effect that the parent, guardian, or
person in loco parentis has received the information on the
importance of dental examinations and early prevention and
detection of dental or other diseases of the oral cavity in
children identified by the department under section 9205b and that
the parent, guardian, or person in loco parentis has elected for
the child not to receive a dental examination.
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 and dental
examinations performed on children.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4166(request no.
00922'07) of the 94th Legislature is enacted into law.