SENATE BILL No. 722

 

 

August 5, 2009, Introduced by Senators KAHN, PAPPAGEORGE, HARDIMAN and BIRKHOLZ and referred to the Committee on Health Policy.

 

 

 

     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, 2009, a hospital shall

 

establish an influenza immunization policy and shall submit a copy

 

of its current policy with the department. 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

 

receive 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 each individual 65

 

years of age or older or other individual identified in the policy

 

who is 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 that person consents to be immunized against

 

the influenza virus and a physician, 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.