Sen. Don Harmon
Filed: 5/17/2005
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 511




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    AMENDMENT NO. ______. Amend House Bill 511 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 1. Short title. This Act may be cited as the 
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Mercury-Free Vaccine Act.

 
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    Section 5. Banned mercury-containing vaccines.   
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    (a) Commencing January 1, 2006, a person shall not be 
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vaccinated with a mercury-containing vaccine that contains 
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more than 1.25 micrograms of mercury per dose.

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    (b) Commencing January 1, 2008, no person shall be 
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vaccinated with a vaccine or injected with any product that 
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contains, or prior to dilution, had contained as an additive, 
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any mercury based product, whether at preservative or trace 
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amount levels.
 
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    Section 10. Exemption.   The Department of Public Health may 
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exempt the use of a vaccine from this Act if the Department 
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finds that an actual or potential bio-terrorist incident or 
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other actual or potential public health emergency, including an 
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epidemic or shortage of supply of a vaccine that would prevent 
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a person from receiving the needed vaccine, makes necessary the 
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administration of a vaccine containing more mercury than the 
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maximum level set forth in subsection (a) or subsection (b) of  
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Section 5 in the case of influenza vaccine.  The exemption shall 
 


 






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meet all of the following conditions:
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        (1) The exemption shall not be issued for more than 12 
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    months.
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        (2) At the end of the effective period of any 
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    exemption, the Department may issue another exemption for 
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    up to 12 months for the same incident or public health 
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    emergency, if the Department makes a determination that any 
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    exemption is necessary as set forth in this Section and the 
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    Department notifies the legislature and interested parties 
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    pursuant to paragraphs (3), (4), and (5).
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        (3) Upon issuing an exemption, the Department shall, 
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    within 48 hours, notify the legislature about any exemption 
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    and about the Department's findings justifying the 
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    exemption's approval.
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        (4) Upon request for an exemption, the Department shall 
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    notify an interested party, who has expressed his or her 
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    interest to the Department in writing, that an exemption 
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    request has been made.
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        (5) Upon issuing an exemption, the Department shall, 
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    within 7 days, notify an interested party, who has 
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    expressed his or her interest to the Department in writing, 
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    about any exemption and about the Department's findings 
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    justifying the exemption's approval.".