SB-0722, As Passed Senate, September 22, 2009

SUBSTITUTE FOR

SENATE BILL NO. 722

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 21529; and to repeal

acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 21529. (1) Beginning October 1, 2010, a hospital shall

establish an influenza immunization policy. The influenza

immunization policy shall be consistent with guidelines or

recommendations issued by the federal centers for disease control

and prevention or by the advisory committee on immunization

practices of the federal centers for disease control and

prevention. A hospital shall include all of the following in its

influenza immunization policy:

     (a) A strategic plan for managing its supply of the influenza

vaccine.

     (b) Procedures for identifying individuals 65 years of age or

older and, at the discretion of the hospital, other patients at

risk, who are admitted to the hospital.

     (c) Procedures for offering immunization against the influenza

virus during the influenza season to individuals 65 years of age or

older and, at the discretion of the hospital, other patients at

risk, who are admitted to the hospital for a period of 24 hours or

more.

     (d) Procedures for ensuring that an individual offered the

influenza vaccination or the individual's authorized representative

receives information regarding the risks and benefits of the

influenza vaccination.

     (e) A standing order policy approved by the medical director

or other appropriate health professional that includes, but is not

limited to, an assessment for medical contraindication to

administering the influenza vaccination.

     (f) A system for documenting influenza vaccination

administration, medical contraindications, patient refusals, and

any postvaccination adverse events.

     (2) During the influenza season, if the hospital has the

vaccine available and consistent with the hospital's influenza

immunization policy, the hospital shall inform individuals

identified in the policy who are admitted to the hospital for a

period of 24 hours or more that the influenza vaccine is available

and offer to provide the vaccine to those individuals for whom the

vaccine is not medically contraindicative. If an individual

consents to be immunized against the influenza virus and a

physician, physician's assistant, nurse, pharmacist, or other

independent practicing licensed health care professional determines

that there is not a relative or absolute medical contraindication

to giving the vaccine, the health care professional shall

administer the influenza vaccination to the individual before he or

she is discharged from the hospital and shall document the

vaccination in the manner prescribed in the influenza immunization

policy.

     (3) As used in this section, "influenza season" means that

period between October 1 and March 1.

     (4) This section is repealed effective April 1, 2012.