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