Sen. Susan Garrett
Filed: 5/15/2007
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1 | AMENDMENT TO SENATE BILL 133
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2 | AMENDMENT NO. ______. Amend Senate Bill 133, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Mercury-Free Vaccine Act is amended by | ||||||
6 | changing Sections 5 and 10 and by adding Section 15 as follows: | ||||||
7 | (410 ILCS 51/5)
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8 | Sec. 5. Banned mercury-containing vaccines. | ||||||
9 | (a) Commencing January 1, 2006, a person shall not be | ||||||
10 | vaccinated with a mercury-containing vaccine that contains | ||||||
11 | more than 1.25 micrograms of mercury per dose.
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12 | (b) Commencing January 1, 2008, no person shall be | ||||||
13 | vaccinated with a vaccine or injected with any product that | ||||||
14 | contains, or prior to dilution, had contained as an additive, | ||||||
15 | any mercury based product, whether at preservative or trace | ||||||
16 | amount levels.
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1 | (c) The Department of Public Health shall implement a | ||||||
2 | policy to distribute,
preferentially, influenza vaccines that | ||||||
3 | are thimerosal-free or contain only trace
amounts of thimerosal | ||||||
4 | for the immunization of children under the age of 3
who are | ||||||
5 | participating in the Vaccines for Children program, provided | ||||||
6 | that the
supply of influenza vaccines to health care providers | ||||||
7 | is not impeded by the
exercise of this preference. The | ||||||
8 | Department shall annually communicate this
policy to the | ||||||
9 | General Assembly and health care providers.
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10 | (Source: P.A. 94-614, eff. 1-1-06.) | ||||||
11 | (410 ILCS 51/10)
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12 | Sec. 10. Exemption. The Department of Public Health may | ||||||
13 | exempt the use of a vaccine from this Act if the Department | ||||||
14 | finds that an actual or potential bio-terrorist incident or | ||||||
15 | other actual or potential public health emergency, including an | ||||||
16 | epidemic or shortage of supply of a vaccine at a reasonable | ||||||
17 | cost that would prevent a person from receiving the needed | ||||||
18 | vaccine, makes necessary the administration of a vaccine | ||||||
19 | containing more mercury than the maximum level set forth in | ||||||
20 | subsection (a) or subsection (b) of Section 5 in the case of | ||||||
21 | influenza vaccine. The exemption shall meet all of the | ||||||
22 | following conditions: | ||||||
23 | (1) The exemption shall not be issued for more than 12 | ||||||
24 | months. | ||||||
25 | (2) At the end of the effective period of any |
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1 | exemption, the Department may issue another exemption for | ||||||
2 | up to 12 months for the same incident or public health | ||||||
3 | emergency, if the Department makes a determination that any | ||||||
4 | exemption is necessary as set forth in this Section and the | ||||||
5 | Department notifies the legislature and interested parties | ||||||
6 | pursuant to paragraphs (3), (4), and (5). | ||||||
7 | (3) Upon issuing an exemption, the Department shall, | ||||||
8 | within 48 hours, notify the legislature about any exemption | ||||||
9 | and about the Department's findings justifying the | ||||||
10 | exemption's approval. | ||||||
11 | (4) Upon request for an exemption, the Department shall | ||||||
12 | notify an interested party, who has expressed his or her | ||||||
13 | interest to the Department in writing, that an exemption | ||||||
14 | request has been made. | ||||||
15 | (5) Upon issuing an exemption, the Department shall, | ||||||
16 | within 7 days, notify an interested party, who has | ||||||
17 | expressed his or her interest to the Department in writing, | ||||||
18 | about any exemption and about the Department's findings | ||||||
19 | justifying the exemption's approval.
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20 | (6) Upon issuing an exemption, the Department shall | ||||||
21 | remind health care
providers to distribute, | ||||||
22 | preferentially, influenza vaccines that are | ||||||
23 | thimerosal-free or
contain only trace amounts of | ||||||
24 | thimerosal for the immunization of children under
the age | ||||||
25 | of 3, provided that the supply of influenza vaccines to | ||||||
26 | health care
providers is not impeded by the exercise of |
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1 | this preference.
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2 | (Source: P.A. 94-614, eff. 1-1-06.) | ||||||
3 | (410 ILCS 51/15 new) | ||||||
4 | Sec. 15. Notification. The Department of Public Health | ||||||
5 | shall annually
notify health care providers about the | ||||||
6 | requirements of this Act and encourage
health care providers to | ||||||
7 | increase immunization rates among persons who are
recommended | ||||||
8 | to receive influenza immunization, using all licensed | ||||||
9 | vaccines,
with preference given to influenza vaccines that are | ||||||
10 | thimerosal-free or contain only
trace amounts of thimerosal. | ||||||
11 | The Department shall include this annual
notification on its | ||||||
12 | Internet web site. The Department shall annually report to the | ||||||
13 | General Assembly, on or before December 31, on its efforts to | ||||||
14 | inform health care providers about thimerosal-free vaccines. ".
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