Public Act 095-0409
 		





SB0133 Enrolled
LRB095 07396 KBJ 27539 b






    AN ACT concerning public health.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Mercury-Free Vaccine Act is amended  by 
changing Sections 5 and 10 and  by adding Section 15 as follows:
 
    (410 ILCS 51/5)

    Sec. 5. Banned mercury-containing vaccines.   
    (a) Commencing January 1, 2006, a person shall not be 
vaccinated with a mercury-containing vaccine that contains 
more than 1.25 micrograms of mercury per dose.
 
    (b) Commencing January 1, 2008, no person shall be 
vaccinated with a vaccine or injected with any product that 
contains, or prior to dilution, had contained as an additive, 
any mercury based product, whether at preservative or trace 
amount levels.

    (c) The Department of Public Health shall implement a 
policy to distribute,

preferentially, influenza vaccines that 
are thimerosal-free or contain only trace

amounts of thimerosal 
for the immunization of children under the age of 3

who are 
participating in the Vaccines for Children program, provided 
that the

supply of influenza vaccines to health care providers 
is not impeded by the

exercise of this preference. The 
Department shall annually communicate this

policy to the 
General Assembly and health care providers.

(Source: P.A. 94-614, eff. 1-1-06.)
 
    (410 ILCS 51/10)

    Sec. 10. Exemption.   The Department of Public Health may 
exempt the use of a vaccine from this Act if the Department 
finds that an actual or potential bio-terrorist incident or 
other actual or potential public health emergency, including an 
epidemic or shortage of supply of a vaccine at a reasonable 
cost that would prevent a person from receiving the needed 
vaccine, makes necessary the administration of a vaccine 
containing more mercury than the maximum level set forth in 
subsection (a) or subsection (b) of  Section 5 in the case of 
influenza vaccine.  The exemption shall meet all of the 
following conditions:
        (1) The exemption shall not be issued for more than 12 
    months.
        (2) At the end of the effective period of any 
    exemption, the Department may issue another exemption for 
    up to 12 months for the same incident or public health 
    emergency, if the Department makes a determination that any 
    exemption is necessary as set forth in this Section and the 
    Department notifies the legislature and interested parties 
    pursuant to paragraphs (3), (4), and (5).
        (3) Upon issuing an exemption, the Department shall, 
    within 48 hours, notify the legislature about any exemption 
    and about the Department's findings justifying the 
    exemption's approval.
        (4) Upon request for an exemption, the Department shall 
    notify an interested party, who has expressed his or her 
    interest to the Department in writing, that an exemption 
    request has been made.
        (5) Upon issuing an exemption, the Department shall, 
    within 7 days, notify an interested party, who has 
    expressed his or her interest to the Department in writing, 
    about any exemption and about the Department's findings 
    justifying the exemption's approval.

        (6) Upon issuing an exemption, the Department shall 
    remind health care

providers to distribute, 
    preferentially, influenza vaccines that are 
    thimerosal-free or

contain only trace amounts of 
    thimerosal for the immunization of children under

the age 
    of 3, provided that the supply of influenza vaccines to 
    health care

providers is not impeded by the exercise of 
    this preference.

(Source: P.A. 94-614, eff. 1-1-06.)
 
    (410 ILCS 51/15  new)
    Sec. 15. Notification. The Department of Public Health 
shall annually

notify health care providers about the 
requirements of this Act and encourage

health care providers to 
increase immunization rates among persons who are

recommended 
to receive influenza immunization, using all licensed 
vaccines,

with preference given to influenza vaccines that are 
thimerosal-free or contain only

trace amounts of thimerosal. 
The Department shall include this annual

notification on its 
Internet web site. The Department shall annually report to the 
General Assembly, on or before December 31, on its efforts to 
inform health care providers about thimerosal-free vaccines. 
The Department shall notify health care providers about the 
availability of influenza vaccines and the most effective time 
for persons to be vaccinated.