HomeMy WebLinkAboutResolutions - 1979.06.21 - 12368Miscellaneous Resolution 9017 June 21, 1979
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BY: HEALTH AND HUMAN RESOURCES COMMITTEE - John H. Peterson, Chairperson
IN RE: IMMUNIZATION STATUS REGULATION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS one third (1/3) of all cases of measles that occurred nationwide
during 1978 were reported from Michigan; and
WHEREAS three percent (3%) of Michigan's cases during 1978 were
reported from Oakland County; and
WHEREAS current state law in regard to the immunization status of new
enterers into schools has not been effective enough in increasing the overall
immunization level of our population; and
WHEREAS there is a need to assess the immunization status of new
entrants to Oakland County Schools specifically; not merely new entrants to
Michigan schools; and
WHEREAS there is a need to assess the immunization status of school
children at some point other than entry; and
WHEREAS there is a need to audit records of students at the junior and
senior high school levels; and
WHEREAS there is a need to have a legal basis by which school boards can
exclude children that do not have the required minimum vaccine protection; and
WHEREAS adequate safeguards have been considered to exempt those for whom
religious or medical reasons mitigate against immunization; and
WHEREAS the Oakland County Health Division has worked closely with the
Oakland Schools and the Superintendents' Association of Oakland County in
developing an article for the Oakland County Health Status Code entitled
"Immunization Status Regulation."
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approve Article I (attached) of the Oakland County Health Status Code entitled
"Immunization Status Regulation."
The Health and Human Resources Committee by John H. Peterson, Chairperson,
moves the adoption of the foregoing resolu
AND lika/tESOORCES COMMITTEE
(e
son, Chairperson
OAKLAND COUNTY
HEALTH STATUS CODE
ARTICLE I - IMMUNIZATION STATUS
Section I - General Provisions:
1.1 Title: This article shall be known as the Immunization Status Regulation
of Oakland County.
1.2 Enacting Clause: The Oakland County Board of Commissioners, under the
authority to adopt regulations vested in it by Sections 2433, 2441, and 2442
of Act 368 of the Public Acts of 1978, State of Michigan, hereby adopts the
Oakland County Intganization Status Regulation.
1.3 Promulgation of Rules: The Oakland County Health Division may promul-
gate rules and guidelines under this regulation.
1.4 Purpose: This regulation is enacted to assist the Oakland County Health
Division in its enforcement of state and local imunization and cornmunicable
disease control laws and its general responsibility for protecting the health
and safety of the citizens of Oakland County. Nothing contained in this regula-
tion shall he construed to abrogate or supersede any other statutory or
common-law rights any person may have.
the Health Officer's
and duty to apply and
promulgated under this
jurisdiction of the
1.5 Enforcement: The Oakland County Health Officer or
authorized representative is charged with the authority
enforce the provisions of this regulation and any rules
regulation in any township, village, or city within the
Oakland County Health Division.
Section II - Definitions:
2.1 New Entrant: Any student being admitted to kindergarten and any new en-
rollee from outside Oakland County in any grade 1 through 12 in a public, pri-
vate, or parochial elementary or secondary school operating in Oakland County.
2.2 Grade 5, 7, and 10 Students: Any student enrolled in grades 5, 7, and
10 in a public, private, or parochial elementary or secondary school operat-
ing in Oakland County.
2.3 Immunization: The administration, either parentPrally or orally, of a
specific antigen that may cause the development of antibodies against that
particular disease-causing agent.
2.4 Certification: A, written statement, clearly stating the dates of admin-
istration of vaccines covered by this Code.
2.5 Immunization Assessment: The act of reviewing by school personnel, with
the assistance of Health Division personnel, the form and content of a written
statement describing the administration and dates thereof of antigens against
vaccine-preventable diseases.
2.6 Immunization Audit: A random sampling of immunization records of stu-
dents enrolled at the 7th- and 10th-grade levels.
Section 11 - Definitions (Continued) •
2.7 Exclusion: The act of denying permIsLon to be present on public, private,
or parochial school property and participating in classroom instruction.
Section III - Assessment and Audit:
3.1 Any new entrant shall have his Immunization status assessed beginning in
the 1979-80 school year.
3.2 Each student enrolled in grades 5 and 10 shall have his immunization status
assessed beginning in the 1979-80 school year. This procedure will be repeated
annually until the 1984-85 school year, or until the new entrants into kinder-
garten of the 1979-80 school year reach grade 5, and grade 6 of the 1980-81 school
year reach grade 10.
3.3 At the discretion of the Health Officer, a random sampling of records will be
performed periodically or a full audit of all records will be made by the Oakland
County Health Division of grade 7 students, beginning in the 1981-82 school year;
and of grade 10 students, beginning in the 1985-86 school year. This audit will
be on a continuing basis.
Section IV - Exclusion:
4.1 Any new entrant or grade 10 student shall not be admitted to school or will
be excluded from school no later than March 1 of the current school year, any
grade 5 student shall also be excluded or shall not be admitted to grade 6 the
following year, and any student at grade 7 or 10 shall be excluded at the time
of the record audit, unless such students have or can present to the appropriate
school written certification from a licensed physician or authorized representa-
tive of a state or local health department that such student has received immuni-
zations, is in the process of receiving immunizations, or has otherwise demon-
strated immunity against vaccine-preventable diseases, as specified by the
Oakland County Health Division.
Section V - Immunization Requirements:
5.1 The diseases to be immunized against, the antigens to be used, and the manner
and frequency of their administration shall be specified by the Health Officer of
Oakland County and shall conform to accepted standard radical practices.
Section VI - Exemptions:
6.1 Medical: Any student with a physical condition such that immunization would
endanger the life or health of such student, shall submit a statement to the en-
forcing authorities from a licensed physician specifying which immunizations are
contraindicated and the period of time the contraindication is in effect. Cer-
tification of redical exemption shall be subj ect to approval by the Oakland County
Health Division. Children with temporary medical contraindications shall receive
the appropriate immunizations after the contraindication is no longer in effect.
6.2 Religious and Other: A parent or guardian of a student with a religious or
other objection to immunizations shall sUbmit to the enforcing authorities a
written statement in a form approved by the Oakland County Health Division.
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Section VII - Records
. „
7.1 The form and content of the written certification of immunization shall
be subject to the approval of the Oakland County Health Division. Acceptable
written certification of immunization shall include but not be limited to the
date, by month and year, of each dose of every antigen required by the Oakland
County Health Division.
7.2 A student's written immunization history shall be incorporated into his
or her permanent school record in a form subject to the approval of the Oak-
land County Health Division.
7.3 When a student transfers to another school or school district, this record
or a true copy thereof shall be requested by the new school from the former
school.
Section VIII - Penalty for Violations:
8.1 The members of a school board, superintendent, or principal who shall fail
to comply with the provisions of this regulation shall be subject to prosecution
for a misdemeanor; and if on conviction thereof, shall be punished by a fine not
exceeding $200 or by imprisonment for a period not exceeding six (6) months,
or by both a fine and imprisonment for each offense, at the discretion of the
court. Each day of violation constitutes a separate offense.
Section IX - Auxiliary Clauses:
9.1 Interpretation: Provisions of this regulation shall be construed liberally
so as best to preserve the public health and safety. The word "shall" is manda-
tory, not merely directory.
9.2 Other Laws and Regulations: This regulation shall apply to all matters
relating to immunization, unless prohibited by law.
9.3 Severability: If any part of this regulation is declared illegal or uncon-
stitutional by a court of competent jurisdiction, that decision shall not affect
any other portion of this regulation which remains, but the remainder shall be
in full force and effect.
9.4 Amendment and Repeal: This regulation shall be amended or repealed in the
same manner as it was adopted.
#9017 June 21, 1979
Moved by Peterson supported by DiGiovanni the resolution be adopted.
AYES: Murphy, Page, Patterson, Peterson, Roth, Wilcox, Aaron, DiGiovanni,
Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hobart, Kasper, Kelly, Lewand, Moffitt,
Montante, Moxley. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #9017 adopted by the Oakland County Board of
Commissioners at their meeting held on June 21, 1979
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
this 21st day of June 79 19....
Lynn D. Allen Clerk
By Deputy Clerk