Sen. Don Harmon
Filed: 5/16/2005
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| 1 | AMENDMENT TO HOUSE BILL 511
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| 2 | AMENDMENT NO. ______. Amend House Bill 511 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Mercury-Free Vaccine Act.
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| 6 | Section 5. Banned mercury-containing vaccines. | ||||||
| 7 | (a) Commencing January 1, 2006, a person who is knowingly | ||||||
| 8 | pregnant or who is under 3 years of age shall not be vaccinated | ||||||
| 9 | with a mercury-containing vaccine that contains more than 1.25 | ||||||
| 10 | micrograms of mercury per dose. | ||||||
| 11 | (b) Commencing January 1, 2008, (i) except for a hepatitis | ||||||
| 12 | vaccine described in item (ii), a person who is knowingly | ||||||
| 13 | pregnant or who is under 3 years of age shall not be vaccinated | ||||||
| 14 | with a mercury-containing vaccine, (ii) a person who is | ||||||
| 15 | knowingly pregnant or who is under 3 years of age shall not be | ||||||
| 16 | vaccinated with a mercury-containing hepatitis vaccine that | ||||||
| 17 | contains more than 0.5 micrograms of mercury per dose, and | ||||||
| 18 | (iii) all other persons shall not be vaccinated with a | ||||||
| 19 | mercury-containing vaccine that contains more than 1.25 | ||||||
| 20 | micrograms of mercury per dose.
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| 21 | (c) Commencing January 1, 2010, no person shall be | ||||||
| 22 | vaccinated or injected with any product that contains, or prior | ||||||
| 23 | to dilution, had contained as an additive, any mercury based | ||||||
| 24 | product, whether at preservative or trace amount levels. | ||||||
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| 1 | Section 10. Exemption. The Department of Public Health may | ||||||
| 2 | exempt the use of a vaccine from this Act if the Department | ||||||
| 3 | finds that an actual or potential bio-terrorist incident or | ||||||
| 4 | other actual or potential public health emergency, including an | ||||||
| 5 | epidemic or shortage of supply of a vaccine that would prevent | ||||||
| 6 | children under 3 years of age and knowingly pregnant women from | ||||||
| 7 | receiving the needed vaccine, makes necessary the | ||||||
| 8 | administration of a vaccine containing more mercury than the | ||||||
| 9 | maximum level set forth in subsection (a) or subsection (b) of | ||||||
| 10 | Section 5 in the case of influenza vaccine. The exemption shall | ||||||
| 11 | meet all of the following conditions: | ||||||
| 12 | (1) The exemption shall not be issued for more than 12 | ||||||
| 13 | months. | ||||||
| 14 | (2) At the end of the effective period of any | ||||||
| 15 | exemption, the Department may issue another exemption for | ||||||
| 16 | up to 12 months for the same incident or public health | ||||||
| 17 | emergency, if the Department makes a determination that any | ||||||
| 18 | exemption is necessary as set forth in this Section and the | ||||||
| 19 | Department notifies the legislature and interested parties | ||||||
| 20 | pursuant to paragraphs (3), (4), and (5). | ||||||
| 21 | (3) Upon issuing an exemption, the Department shall, | ||||||
| 22 | within 48 hours, notify the legislature about any exemption | ||||||
| 23 | and about the Department's findings justifying the | ||||||
| 24 | exemption's approval. | ||||||
| 25 | (4) Upon request for an exemption, the Department shall | ||||||
| 26 | notify an interested party, who has expressed his or her | ||||||
| 27 | interest to the Department in writing, that an exemption | ||||||
| 28 | request has been made. | ||||||
| 29 | (5) Upon issuing an exemption, the Department shall, | ||||||
| 30 | within 7 days, notify an interested party, who has | ||||||
| 31 | expressed his or her interest to the Department in writing, | ||||||
| 32 | about any exemption and about the Department's findings | ||||||
| 33 | justifying the exemption's approval.".
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