HB0511 Engrossed

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    AN ACT concerning 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 1. Short title. This Act may be cited as the 
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Mercury-Free Vaccine Act.

 
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    Section 5. Banned mercury-containing vaccines.   
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    (a) Except for an influenza vaccine described in subsection 
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(b), a person who is knowingly pregnant or who is under 3 years 
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of age shall not be vaccinated with a mercury-containing 
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vaccine or injected with a mercury-containing product that 
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contains more than 0.5 micrograms of mercury per 0.5 milliliter 
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dose.
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    (b) A person who is knowingly pregnant or who is under 3 
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years of age shall not be vaccinated with a mercury-containing 
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influenza vaccine that contains more than 1.0 microgram of 
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mercury per 0.5 milliliter dose.

 
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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 that would prevent 
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children under 3 years of age and knowingly pregnant women from 
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receiving the needed vaccine, makes necessary the 
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administration of a vaccine containing more mercury than the 
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maximum level set forth in subsection (a) or subsection (b) of  
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Section 5 in the case of influenza vaccine.  The exemption shall 
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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 the 
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    exemption, the Department may issue another exemption for 
 


 






HB0511 Engrossed
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LRB094 06617 RXD 36709 b




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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.