HB0511sam003 94TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/16/2005

09400HB0511sam003 LRB094 06617 RXD 46641 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 the Mercury-Free Vaccine Act.

Section 5. Banned mercury-containing vaccines.

(a) Commencing January 1, 2006, a person who is knowingly pregnant or who is under 3 years of age shall not be vaccinated with a mercury-containing vaccine that contains more than 1.25 micrograms of mercury per dose.

(b) Commencing January 1, 2008, (i) except for a hepatitis vaccine described in item (ii), a person who is knowingly pregnant or who is under 3 years of age shall not be vaccinated with a mercury-containing vaccine, (ii) a person who is knowingly pregnant or who is under 3 years of age shall not be vaccinated with a mercury-containing hepatitis vaccine that contains more than 0.5 micrograms of mercury per dose, and (iii) all other persons shall not be vaccinated with a mercury-containing vaccine that contains more than 1.25 micrograms of mercury per dose.

(c) Commencing January 1, 2010, no person shall be vaccinated or injected with any product that contains, or prior to dilution, had contained as an additive, any 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 that would prevent children under 3 years of age and knowingly pregnant women from receiving the needed vaccine, makes necessary the administration of a vaccine containing more mercury than the maximum level set forth in subsection (a) or subsection (b) of Section 5 in the case of influenza vaccine. 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 any 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 any 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 any exemption and about the Department's findings justifying the exemption's approval.".