HB0511sam002 94TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/13/2005

09400HB0511sam002 LRB094 06617 RXD 46532 a

AMENDMENT TO HOUSE BILL 511

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

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

Section 5. Banned mercury-containing vaccines. Commencing January 1, 2007, no person shall be vaccinated with a vaccine or injected with any product that contains or, prior to dilution, had contained as an additive, thimerosal or other mercury-based product, whether at preservative or trace amount levels.

Section 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 makes necessary the administration of a vaccine containing mercury at either preservative or trace amount levels. 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 the 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 the 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 the exemption and about the Department's findings justifying the exemption's approval.".