94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1875


 
Introduced 2/25/2005, by Sen. Don Harmon
 
SYNOPSIS AS INTRODUCED:
 		













New Act











    Creates the Mercury-Free Vaccine Act.  Provides that a person shall not be vaccinated with a mercury-containing vaccine or injected with a mercury-containing product.  Provides that the Department of Public Health may exempt the use of a vaccine containing mercury from the provisions of the Act, provided certain conditions are met, if the Department finds that an actual or potential bio-terrorist incident or other actual or potential public health emergency makes necessary the administration of a vaccine containing mercury.   Effective January 1, 2007.
















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A BILL FOR









 











SB1875

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    AN ACT concerning health.

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


 
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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. Legislative findings and purpose.  
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    (a) Thimerosal, a mercury based preservative, is found in 
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many vaccines in use today, according to the American Academy 
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of Pediatrics.  This chemical, ethyl mercuri thiosalicylic 
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acid, has been shown to be toxic in laboratory tests on animals 
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and the results indicated that the toxic effects of thimerosal 
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may be responsible for adverse reactions in humans.

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    (b) The General Assembly recognizes the problems 
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affiliated with mercury and wishes to reduce the public's 
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exposure to mercury as a method of promoting health and 
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protecting the environment.

 
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    Section 10. Banned mercury-containing vaccines.   A person 
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shall not be vaccinated with a mercury-containing vaccine or 
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injected with a mercury-containing product.   
 
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    Section 15. Exemption.   The Department of Public Health may 
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exempt the use of a vaccine from Section 10 of this Act if the 
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Department finds that an actual or potential bio-terrorist 
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incident or other actual or potential public health emergency, 
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including an epidemic or shortage of supply of a vaccine that 
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would prevent a person from receiving the needed vaccine, makes 
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necessary the administration of a vaccine containing mercury.     
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The exemption shall 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 the 
 


 






SB1875
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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 the 
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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 the 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 receiving a request for an exemption, the 
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    Department shall notify any interested party who has 
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    expressed his or her interest to the Department in writing 
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    that an exemption request has been made.
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        (5) Upon issuing an exemption, the Department shall, 
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    within 7 days, notify any interested party who has 
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    expressed his or her interest to the Department in writing 
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    about the exemption and about the Department's findings 
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    justifying the exemption's approval.  

 
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    Section 99. Effective date. This Act takes effect January 
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1, 2007.