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Sen. Don Harmon
Filed: 5/13/2005
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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 who is knowingly |
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| pregnant or who is under 3 years of age shall not be vaccinated |
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| with a mercury-containing vaccine that contains more than 1.25 |
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| micrograms of mercury per dose. |
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| (b) Commencing January 1, 2008, (i) a person who is |
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| knowingly pregnant or who is under 3 years of age shall not be |
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| vaccinated with a mercury-containing vaccine, and (ii) all |
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| other persons shall not be vaccinated with a mercury-containing |
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| vaccine that contains more than 1.25 micrograms of mercury per |
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| dose.
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| (c) Commencing January 1, 2010, no person shall be |
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| vaccinated or injected with any product that contains, or prior |
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| to dilution, had contained as an additive, any mercury based |
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| product, whether at preservative or trace 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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| children under 3 years of age and knowingly pregnant women from |
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| 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.".
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