SB1875 94TH GENERAL ASSEMBLY

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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1875

Introduced 2/25/2005, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:

New Act

Creates the Mercury-Free Vaccine Act. Provides that a person shall not be vaccinated with a mercury-containing vaccine or injected with a mercury-containing product. Provides that the Department of Public Health may exempt the use of a vaccine containing mercury from the provisions of the Act, provided certain conditions are met, if the Department finds that an actual or potential bio-terrorist incident or other actual or potential public health emergency makes necessary the administration of a vaccine containing mercury. Effective January 1, 2007.

A BILL FOR

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. Legislative findings and purpose.

(a) Thimerosal, a mercury based preservative, is found in many vaccines in use today, according to the American Academy of Pediatrics. This chemical, ethyl mercuri thiosalicylic acid, has been shown to be toxic in laboratory tests on animals and the results indicated that the toxic effects of thimerosal may be responsible for adverse reactions in humans.

(b) The General Assembly recognizes the problems affiliated with mercury and wishes to reduce the public's exposure to mercury as a method of promoting health and protecting the environment.

Section 10. Banned mercury-containing vaccines. A person shall not be vaccinated with a mercury-containing vaccine or injected with a mercury-containing product.

Section 15. Exemption. The Department of Public Health may exempt the use of a vaccine from Section 10 of 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 that would prevent a person from receiving the needed vaccine, makes necessary the administration of a vaccine containing mercury. The exemption shall meet all of the following conditions:

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

(2) At the end of the effective period of the 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 the 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 the exemption and about the Department's findings justifying the exemption's approval.

(4) Upon receiving a request for an exemption, the Department shall notify any 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 any interested party who has expressed his or her interest to the Department in writing about the exemption and about the Department's findings justifying the exemption's approval.

Section 99. Effective date. This Act takes effect January 1, 2007.