Sen. Don Harmon

Filed: 5/13/2005





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2     AMENDMENT NO. ______. Amend House Bill 511 by replacing
3 everything after the enacting clause with the following:
4     "Section 1. Short title. This Act may be cited as
5 Mercury-Free Vaccine Act.
6     Section 5. Banned mercury-containing vaccines. Commencing
7 January 1, 2007, no person shall be vaccinated with a vaccine
8 or injected with any product that contains or, prior to
9 dilution, had contained as an additive, thimerosal or other
10 mercury-based product, whether at preservative or trace amount
11 levels.
12     Section 10. Exemption. The Department of Public Health may
13 exempt the use of a vaccine from this Act if the Department
14 finds that an actual or potential bio-terrorist incident or
15 other actual or potential public health emergency, including an
16 epidemic or shortage of supply of a vaccine at a reasonable
17 cost makes necessary the administration of a vaccine containing
18 mercury at either preservative or trace amount levels. The
19 exemption shall meet all of the following conditions:
20         (1) The exemption shall not be issued for more than 12
21     months.
22         (2) At the end of the effective period of any
23     exemption, the Department may issue another exemption for



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1     up to 12 months for the same incident or public health
2     emergency, if the Department makes a determination that the
3     exemption is necessary as set forth in this Section and the
4     Department notifies the legislature and interested parties
5     pursuant to paragraphs (3), (4), and (5).
6         (3) Upon issuing an exemption, the Department shall,
7     within 48 hours, notify the legislature about the exemption
8     and about the Department's findings justifying the
9     exemption's approval.
10         (4) Upon request for an exemption, the Department shall
11     notify an interested party, who has expressed his or her
12     interest to the Department in writing, that an exemption
13     request has been made.
14         (5) Upon issuing an exemption, the Department shall,
15     within 7 days, notify an interested party, who has
16     expressed his or her interest to the Department in writing,
17     about the exemption and about the Department's findings
18     justifying the exemption's approval.".