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HomeMy WebLinkAboutResolutions - 1982.05.06 - 13799Miscellaneous Resolution 82128 May 6, 1932 BY HEALTH AND HUMAN RESOURCES COMMITTEE IN RE: IMMUNIZATION STATUS REGULATION REVISION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr, Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution 9017 adopted on June 21, 1379 by the Oakland County Board or Commissioners approved Article I of the Oakland County Health Status Code (attached) entitled "Immunization Status Regulation;" and WHEREAS this health status code provides for the annual assessment of immunization status for every child grades Five (5) and ten (10) and periodic audit of grade seven (7) attending a public, private or parochial elementary or secondary school operating in Oakland County; and WHEREAS there continues to be a need to assess or audit the immunization status of school children at some point other than entry; and WHEREAS since the adoption of Miscellaneous Resolution 9017, twenty-one (21) additional schools have been added to the Field Nursing Unit's workload without adding additional Health Division nursing personnel; and WHEREAS the addition of the schools with no additional Health Division nursing personnel creates difficulty in continuing this program; and WHEREAS requiring a periodic audit of grade ten (10) records rather than an assessment on a yearly basis would help alleviate this problem without significantly reducing anticipated immunization levels, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, while still maintaining the requirements for grades five (5) and seven (7), approve the requiring of a periodic audit rather than yearly assessment of students in grade ten (10) in the Oakland County Health Status Code entitled "Immunization Status Regulation." FIr. Chairperson, on behalf of the Health and Human Resources Committee, I move the adoption of the foregoing resolution, 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 Immunization 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 immunization and communicable disease control laws and its general responsibnity for protecting the health and safety of the citizens of Oakland County. Nothing contained inethis regula- tion shall be construed to abrogate or supersede any other statutory or common-law rights any person may have. 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. the Health Officer's and duty to apply and promulgated under this jurisdiction of the 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 parochil elementary or secondary school operating in Oakland County. 2.2 arade 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 parenterally 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 permission 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 1960-81 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 1961-82 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 9Lade 10 student shall not be admitted to school or will be excluded from school no later than 14Prch 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 nqed, and the manner and frequency of their administration shall be specified by the Health Officer of Oakland County and shall conform to accepted standard medical practices. Section VI - Exemptions: 6.1 Medical: Any student with a physical condition such that immunization yould 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 medical exemption shall be suhject 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. -2- -3- 6/5/79 Section VII - Records 7.1 The form and content of the written certification of illcunization 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 vord "shall" is manda- tory, not merely directory. 9.2 Other Taws and Regulations: This regulation shall apply to all ratters relating to immunization, unlessprohibited 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. May 19 82 day o 6th this 02128 May 6, 1582 Moved by Gosling supported by Peterson the resolution be adopted. AYES: Peterson, Price, Whitlock, Wilcox, Aaron, Cagney, Calandro, DiGiovanni, Doyon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Kasper, Lanni, McDonald, Moffitt, Montante, Moore, Olsen, Page, Patterson, Pernick. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE: OF MICHIGAN) COUNTY OF OAKLAND) 1, Lynn D. Alien, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the. annexed copy of _M!scellaneoua Resolution #821,28 adopted by the Oakland CouelgailLgL.LaMmiailotaizz.5___ at their meeting held on May_6 2, 1982 - with the orginial 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 L.Y1j11.4L_ALLEN Count.), Clerk/Register of Deeds