2023 House Bill 4200 / Public Act 145

Health: screening; certificate of immunization; require department of health and human services to update to indicate whether minor has been tested for lead poisoning.

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 9206 (MCL 333.9206), as amended by 2023 PA 97.

AI Analysis – Experimental

SB 31 amends the 1978 PA 368 to introduce new regulations for lead poisoning testing in minors. Effective from January 1, 2024, it mandates physicians to test minors for lead poisoning at specified intervals using department-approved methods and to record these tests on the minor's immunization certificate. The Department is tasked with promulgating rules for implementing this section, including testing requirements based on age, identification of high-risk geographic areas, factors for identifying high-risk minors, procedures for recording test information on immunization certificates, and allowing for adjustments in testing requirements or exemptions based on data or parental objection.

HB 4200 mandates health care providers to issue a written certificate of immunization to the person accompanying a child, detailing the immunizations administered, including the diseases covered, doses given, dates of administration, and any further immunizations needed. Starting January 1, 2024, this certificate will also require information on lead poisoning tests. Additionally, it introduces a provision for parents or guardians to object to the reporting of their child's immunization to the department, provided they submit a written notice of objection to the health care provider before the reporting. Health care providers are protected from civil liability for damages as a result of compliance or failure to comply in good faith with this provision, except in cases of gross negligence or willful misconduct. The act specifies definitions for "health care provider" and "health professional."

Introduced in the House

March 7, 2023

Introduced by Rep. Helena Scott (D-7) and 47 co-sponsors

Co-sponsored by Reps. Brenda Carter (D-53), Stephanie Young (D-16), Jim Haadsma (D-44), Jimmie Wilson (D-32), Julie Rogers (D-41), Carol Glanville (D-84), Felicia Brabec (D-33), Penelope Tsernoglou (D-75), Natalie Price (D-5), Samantha Steckloff (D-19), Emily Dievendorf (D-77), Christine Morse (D-40), Cynthia Neeley (D-70), Carrie Rheingans (D-47), Amos O’Neal (D-94), Donavan McKinney (D-14), Kimberly Edwards (D-12), Angela Witwer (D-76), Laurie Pohutsky (D-17), Kara Hope (D-74), Jenn Hill (D-109), Erin Byrnes (D-15), Betsy Coffia (D-103), Veronica Paiz (D-11), Mike McFall (D-8), Tullio Liberati (D-2), Nate Shannon (D-58), Matt Koleszar (D-22), Lori Stone (D-13), Tyrone Carter (D-1), Kelly Breen (D-21), Regina Weiss (D-6), John Fitzgerald (D-83), Kristian Grant (D-82), Phil Skaggs (D-80), Reggie Miller (D-31), Dylan Wegela (D-26), Jason Morgan (D-23), Julie Brixie (D-73), Abraham Aiyash (D-9), Will Snyder (D-87), Doug Wozniak (R-59), Rachel Hood (D-81), Alabas Farhat (D-3), Jennifer Conlin (D-48), Kevin Coleman (D-25) and Karen Whitsett (D-4)

Referred to the Committee on Health Policy

June 27, 2023

Reported with substitute H-1

Sept. 6, 2023

Substitute H-1 concurred in by voice vote

Sept. 12, 2023

Substitute H-2 offered by Rep. Helena Scott (D-7)

The substitute passed by voice vote

Passed in the House 67 to 42 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Sept. 13, 2023

Referred to the Committee of the Whole

Sept. 19, 2023

Reported without amendment

Passed in the Senate 27 to 10 (details)

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

Oct. 3, 2023