Sen. Don Harmon
Filed: 5/13/2005
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 511




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    AMENDMENT NO. ______. Amend House Bill 511 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 1.  Short title.  This Act may be cited as 
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Mercury-Free Vaccine Act.

 
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    Section 5.  Banned mercury-containing vaccines.  Commencing 
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January 1, 2007, no person shall be vaccinated with a vaccine 
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or injected with any product that contains or, prior to 
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dilution, had contained as an additive, thimerosal or other 
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mercury-based product, whether at preservative or trace amount 
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levels.

 
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    Section 10.  Exemption.  The Department of Public Health may 
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exempt the use of a vaccine from this Act if the Department 
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finds that an actual or potential bio-terrorist incident or 
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other actual or potential public health emergency, including an 
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epidemic or shortage of supply of a vaccine at a reasonable 
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cost makes necessary the administration of a vaccine containing 
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mercury at either preservative or trace amount levels.  The 
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exemption shall meet all of the following conditions:

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        (1) The exemption shall not be issued for more than 12 
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    months.



        
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        (2) At the end of the effective period of any 
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    exemption, the Department may issue another exemption for


 


 






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    up to 12 months for the same incident or public health 
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    emergency, if the Department makes a determination that the 
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    exemption is necessary as set forth in this Section and the 
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    Department notifies the legislature and interested parties 
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    pursuant to paragraphs (3), (4), and (5).



        
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        (3) Upon issuing an exemption, the Department shall, 
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    within 48 hours, notify the legislature about the exemption 
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    and about the Department's findings justifying the 
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    exemption's approval.



        
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        (4) Upon request for an exemption, the Department shall 
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    notify an interested party, who has expressed his or her 
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    interest to the Department in writing, that an exemption 
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    request has been made.



        
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        (5) Upon issuing an exemption, the Department shall, 
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    within 7 days, notify an interested party, who has 
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    expressed his or her interest to the Department in writing, 
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    about the exemption and about the Department's findings 
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    justifying the exemption's approval.".