Senate Bill sb0690c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                            CS for SB 690

    By the Committee on Health Care; and Senator Lynn





    587-1705-05

  1                      A bill to be entitled

  2         An act relating to immunizations; prohibiting

  3         vaccinating a woman who is knowingly pregnant

  4         or a child who is younger than a specified age

  5         with a vaccine that contains any mercury or

  6         injecting such a woman or child with a product

  7         that contains more than a specified amount of

  8         mercury; prohibiting vaccinating a woman who is

  9         knowingly pregnant or a child under a specified

10         age with an influenza vaccine that contains

11         more than a specified amount of mercury;

12         providing the effective date of such

13         prohibitions; providing for the State Health

14         Officer to authorize the use of vaccines that

15         contain a greater amount of mercury than is

16         otherwise allowed if the Secretary of Health

17         declares a public health emergency and makes

18         certain findings; providing exceptions to the

19         prohibition following disclosure regarding

20         certain risks and benefits; providing an

21         effective date.

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23  Be It Enacted by the Legislature of the State of Florida:

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25         Section 1.  Vaccinations and injections containing

26  mercury prohibited for pregnant women and young children.--

27         (1)  Except for an influenza vaccine described in

28  subsection (2), on and after July 1, 2006, a woman who is

29  knowingly pregnant or a child who is younger than 3 years of

30  age may not be vaccinated with a vaccine that contains any

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    Florida Senate - 2005                            CS for SB 690
    587-1705-05




 1  mercury or injected with a product that contains more than 0.5

 2  micrograms of mercury per 0.5-milliliter dose.

 3         (2)  On and after July 1, 2006, a woman who is

 4  knowingly pregnant or a child who is younger than 3 years of

 5  age may not be vaccinated with an influenza vaccine that

 6  contains more than 1 microgram of mercury per 0.5-milliliter

 7  dose.

 8         (3)  If the Secretary of Health declares a public

 9  health emergency under section 381.00315, Florida Statutes,

10  and finds that an epidemic or shortage of supply of a vaccine

11  will prevent knowingly pregnant women and children younger

12  than 3 years of age from receiving the needed vaccine, the

13  State Health Officer may authorize the administration of a

14  vaccine containing more mercury than the maximum level

15  established in subsection (1), or subsection (2) in the case

16  of influenza vaccine, to knowingly pregnant women or children

17  younger than 3 years of age.

18         (4)  A licensed health care practitioner may only

19  administer a vaccine containing more mercury than the maximum

20  level established in subsection (1) or subsection (2) in the

21  case of influenza vaccine, to a knowingly pregnant woman or a

22  child younger than 3 years of age if the practitioner's

23  medical judgment under accepted medical standards is that the

24  benefits of the patient receiving the vaccine to prevent a

25  vaccine-preventable disease outweigh the risks of mercury

26  exposure that could cause or contribute to a life-threatening

27  illness or condition, such as autism. Before administering the

28  vaccine, the practitioner must provide the patient or the

29  patient's legal guardian with information concerning the risks

30  and benefits of the vaccination.

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    Florida Senate - 2005                            CS for SB 690
    587-1705-05




 1         Section 2.  This act shall take effect upon becoming a

 2  law.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 690

 6                                 

 7  The Committee Substitute prohibits, on or after July 1, 2006,
    a woman who is knowingly pregnant or a child who is younger
 8  than 3 years of age from being vaccinated with a vaccine that
    contains mercury or injected with a product that contains more
 9  than 0.5 micrograms of mercury per 0.5-milliliter dose. The
    bill also prohibits, on or after July 1, 2006, a woman who is
10  knowingly pregnant or a child who is younger than 3 years of
    age from being vaccinated with an influenza vaccine that
11  contains more than 1 microgram of mercury per 0.5-milliliter
    dose.
12  
    The Committee Substitute provides an exception if the
13  Secretary of Health declares a public health emergency and
    finds that an epidemic or shortage of supply of a vaccine will
14  prevent knowingly pregnant women and children younger than 3
    years of age from receiving the needed vaccine.
15  
    The Committee Substitute provides an exception to the
16  prohibition of vaccinating a woman who is knowingly pregnant
    or a child who is younger than 3 years of age with a vaccine
17  or influenza vaccine that contains more than a specified
    amount of mercury if a licensed health care practitioner
18  treating the woman or child makes certain findings regarding
    the benefits and risks of the vaccination and informs the
19  patient about the benefits and risks of the vaccination.

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