Full Text of SB0133 95th General Assembly
SB0133eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mercury-Free Vaccine Act is amended by | 5 |
| changing Sections 5 and 10 and by adding Section 15 as follows: | 6 |
| (410 ILCS 51/5)
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| Sec. 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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| (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.
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| (c) The Department of Public Health shall implement a | 17 |
| policy to distribute,
preferentially, influenza vaccines that | 18 |
| are thimerosal-free or contain only trace
amounts of thimerosal | 19 |
| for the immunization of children under the age of 3
who are | 20 |
| participating in the Vaccines for Children program, provided | 21 |
| that the
supply of influenza vaccines to health care providers | 22 |
| is not impeded by the
exercise of this preference. The | 23 |
| Department shall annually communicate this
policy to the |
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| General Assembly and health care providers.
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| (Source: P.A. 94-614, eff. 1-1-06.) | 3 |
| (410 ILCS 51/10)
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| Sec. 10. Exemption. The Department of Public Health may | 5 |
| exempt the use of a vaccine from this Act if the Department | 6 |
| finds that an actual or potential bio-terrorist incident or | 7 |
| other actual or potential public health emergency, including an | 8 |
| epidemic or shortage of supply of a vaccine at a reasonable | 9 |
| cost that would prevent a person from receiving the needed | 10 |
| vaccine, makes necessary the administration of a vaccine | 11 |
| containing more mercury than the maximum level set forth in | 12 |
| subsection (a) or subsection (b) of Section 5 in the case of | 13 |
| influenza vaccine. The exemption shall meet all of the | 14 |
| following conditions: | 15 |
| (1) The exemption shall not be issued for more than 12 | 16 |
| months. | 17 |
| (2) At the end of the effective period of any | 18 |
| exemption, the Department may issue another exemption for | 19 |
| up to 12 months for the same incident or public health | 20 |
| emergency, if the Department makes a determination that any | 21 |
| exemption is necessary as set forth in this Section and the | 22 |
| Department notifies the legislature and interested parties | 23 |
| pursuant to paragraphs (3), (4), and (5). | 24 |
| (3) Upon issuing an exemption, the Department shall, | 25 |
| within 48 hours, notify the legislature about any exemption |
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| and about the Department's findings justifying the | 2 |
| exemption's approval. | 3 |
| (4) Upon request for an exemption, the Department shall | 4 |
| notify an interested party, who has expressed his or her | 5 |
| interest to the Department in writing, that an exemption | 6 |
| request has been made. | 7 |
| (5) Upon issuing an exemption, the Department shall, | 8 |
| within 7 days, notify an interested party, who has | 9 |
| expressed his or her interest to the Department in writing, | 10 |
| about any exemption and about the Department's findings | 11 |
| justifying the exemption's approval.
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| (6) Upon issuing an exemption, the Department shall | 13 |
| remind health care
providers to distribute, | 14 |
| preferentially, influenza vaccines that are | 15 |
| thimerosal-free or
contain only trace amounts of | 16 |
| thimerosal for the immunization of children under
the age | 17 |
| of 3, provided that the supply of influenza vaccines to | 18 |
| health care
providers is not impeded by the exercise of | 19 |
| this preference.
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| (Source: P.A. 94-614, eff. 1-1-06.) | 21 |
| (410 ILCS 51/15 new) | 22 |
| Sec. 15. Notification. The Department of Public Health | 23 |
| shall annually
notify health care providers about the | 24 |
| requirements of this Act and encourage
health care providers to | 25 |
| increase immunization rates among persons who are
recommended |
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| to receive influenza immunization, using all licensed | 2 |
| vaccines,
with preference given to influenza vaccines that are | 3 |
| thimerosal-free or contain only
trace amounts of thimerosal. | 4 |
| The Department shall include this annual
notification on its | 5 |
| Internet web site. The Department shall annually report to the | 6 |
| General Assembly, on or before December 31, on its efforts to | 7 |
| inform health care providers about thimerosal-free vaccines. | 8 |
| The Department shall notify health care providers about the | 9 |
| availability of influenza vaccines and the most effective time | 10 |
| for persons to be vaccinated.
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