September 16, 2010, Introduced by Reps. Ball and Segal and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 21529 (MCL 333.21529), as added by 2010 PA 23,
and by adding section 21531; 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 a seasonal influenza immunization policy. The seasonal
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
seasonal influenza immunization policy:
(a) A procedural plan for managing its supply of any 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 all of the
following:
(i) 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.
(ii) Hospital staff persons, subject to section 21531.
(d) Procedures for ensuring that an individual offered the
influenza vaccination under subdivision (c) 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
declinations, and any postvaccination adverse events. The system
under this subdivision shall include documenting other information
regarding hospital staff person influenza vaccination required
under section 21531.
(g) Procedures for ensuring that every hospital staff person
is provided information on the importance of receiving immunization
against the influenza virus and on the public health benefit of
limiting the transmission of the influenza virus, especially to
those who are particularly susceptible.
(h) Procedures to encourage its hospital staff persons to
receive the influenza vaccination.
(i) Procedures to update annually the information required
under this subsection 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.
(2)
As used in this section: , "influenza
(a) "Hospital staff person" means any of the following:
(i) An individual employed by the hospital.
(ii) Any individual who is under contract to provide services
at the hospital.
(iii) A student who is participating in an educational program
at the hospital and who has direct patient contact.
(iv) An individual who participates in a volunteer program at
the hospital and who has direct patient contact.
(b) "Influenza season" means that period between October 1 and
March 1.
(3) This section is repealed effective April 1, 2012.
Sec. 21531. (1) During the influenza season and consistent
with the hospital's seasonal influenza immunization policy
established under section 21529, a hospital shall offer on-site
immunization against the influenza virus to all hospital staff
persons at no cost to the hospital staff person. Except as
otherwise provided in this section, a hospital shall require its
hospital staff persons to receive information about the influenza
virus and shall offer immunization against the influenza virus.
(2) Except as otherwise provided in this section, a hospital
shall provide or arrange for hospital staff persons to receive
immunization against a pandemic or novel influenza virus if the
director has issued guidelines recommending immunization against a
pandemic or novel influenza virus. A hospital shall comply with all
of the following that are included in guidelines issued by the
director in providing or arranging for hospital staff persons to
receive immunization against a pandemic or novel influenza virus:
(a) The order of priority of hospital staff persons to receive
the pandemic or novel influenza vaccination.
(b) The pandemic or novel influenza vaccination that shall be
administered.
(c) The dates by which hospital staff persons shall be offered
the pandemic or novel influenza vaccination.
(d) Any required reporting and data collection relating to
hospital staff persons receiving the pandemic or novel influenza
vaccination.
(3) This section does not apply under any of the following
circumstances:
(a) The administration of the influenza vaccination would
likely be medically contraindicated and detrimental to the hospital
staff person's health.
(b) The hospital staff person presents evidence acceptable to
the hospital that he or she has already received the influenza
vaccination for the current influenza season or against the
pandemic or novel influenza virus.
(c) Receipt of the influenza vaccination is against the
hospital staff person's religious beliefs.
(d) The hospital staff person elects not to receive the
influenza vaccination, declares in writing that he or she has
declined to receive the influenza vaccination, and certifies that
he or she received the information required to be provided to that
hospital staff person under subsection (1).
(e) The influenza vaccination is unavailable for purchase,
shipment, or administration by another person.
(f) The hospital is complying with an order or guidelines
issued by the director of the department that restricts the use of
the influenza vaccination.
(4) A hospital shall maintain a system to track the offer of
influenza vaccination to every hospital staff person. The system
shall include documentation that each hospital staff person either
accepted the offer or declined the offer by signing a declination
statement pursuant to subsection (3)(d). If a hospital is unable to
provide or arrange for influenza vaccination for hospital staff
persons who wish to be vaccinated, the reasons why the vaccination
could not be provided or arranged for shall be documented.
Individual declination statements should be handled in a manner
that ensures individual confidentiality. A hospital shall maintain
the documentation required under this subsection for at least 3
years.
(5) As used in this section:
(a) "Hospital staff person" means that term as defined in
section 21529.
(b) "Influenza season" means that term as defined in section
21529.
(6) This section is repealed effective April 1, 2012.