Illinois General Assembly - Full Text of Public Act 094-0614
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Public Act 094-0614




Public Act 094-0614
HB0511 Enrolled LRB094 06617 RXD 36709 b

    AN ACT concerning health.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    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 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, no person shall be
vaccinated with a vaccine 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 at a reasonable
cost that would prevent a person 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
        (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.

Effective Date: 1/1/2006