Act No. 145
Public Acts of 2023
Approved by the Governor
October 3, 2023
Filed with the Secretary of State
October 3, 2023
EFFECTIVE DATE: October 3, 2023
STATE OF MICHIGAN
102ND LEGISLATURE
REGULAR SESSION OF 2023
Introduced by Reps. Scott, Brenda Carter, Young, Haadsma, Wilson, Rogers, Glanville, Brabec,
Tsernoglou, Price, Steckloff, Dievendorf, Morse, Neeley, Rheingans, O’Neal, McKinney,
Edwards, Witwer, Pohutsky, Hope, Hill, Byrnes, Coffia, Paiz, McFall, Liberati , Shannon,
Koleszar, Stone, Tyrone Carter, Breen, Weiss, Fitzgerald, Grant, Skaggs, Miller, Wegela,
Morgan, Brixie, Aiyash, Snyder, Wozniak, Hood, Farhat, Conlin, Coleman and Whitsett
ENROLLED HOUSE BILL No. 4200
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.
The People of the State of Michigan enact:
Sec. 9206. (1) A health care provider administering an immunizing agent to a child shall present the person
accompanying the child with a written certificate of immunization, or make an entry of the immunization on a
certificate in the person’s possession. The certificate must be in a form prescribed by the department and indicate
the diseases or infections for which the child has been immunized, the number of doses given, the dates when
administered, and whether further immunizations are indicated. Beginning January 1, 2024, the certificate must
also have a space to indicate whether the minor has been tested for lead poisoning.
(2) Before administering an immunizing agent to a child, a health care provider shall notify the parent,
guardian, or person in loco parentis of the child, on a form provided by the department, of the right to object to
the reporting requirement described in subsection (3).
(65)
Clerk of the House of Representatives
(3) Unless the parent, guardian, or person in loco parentis of the child who received the immunizing agent
objects by written notice received by the health care provider prior to reporting, a health care provider shall report
to the department each immunization administered by the health care provider, pursuant to rules promulgated
under section 9227. If the parent, guardian, or person in loco parentis of the child who was immunized objects to
the reporting requirement of this subsection by written notice received by the health care provider prior to
notification, the health care provider shall not report the immunization.
(4) A health care provider who complies or fails to comply in good faith with subsection (3) is not liable in a
civil action for damages as a result of an act or omission during the compliance, except an act or omission
constituting gross negligence or willful and wanton misconduct.
(5) As used in this section:
(a) “Health care provider” means a health professional, health facility, or local health department.
(b) “Health professional” means an individual who is licensed, registered, or otherwise authorized to engage
in a health profession under article 15.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 31 of the 102nd Legislature
is enacted into law.
This act is ordered to take immediate effect.
Secretary of the Senate
Approved
Governor
Compiler's note: Senate Bill No. 31, referred to in enacting section 1, was filed with the Secretary of State October
3, 2023, and became 2023 PA 146, Imd. Eff. Oct. 3, 2023.
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