Senate Bill sb0082

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    Florida Senate - 2006        (Corrected Copy)            SB 82

    By Senator Lynn





    7-81-06

  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, 2007, 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 - 2006        (Corrected Copy)            SB 82
    7-81-06




 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, 2007, 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 s. 381.00315, Florida Statutes, and

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

11  prevent knowingly pregnant women and children younger than 3

12  years of age from receiving the needed vaccine, the State

13  Health Officer may authorize the administration of a vaccine

14  containing more mercury than the maximum level established in

15  subsection (1), or subsection (2) in the case of influenza

16  vaccine, to knowingly pregnant women or children younger than

17  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, according to the

23  practitioner's medical judgment under accepted medical

24  standards, the benefits of the patient receiving the vaccine

25  to prevent a vaccine-preventable disease outweigh the risks of

26  mercury exposure which could cause or contribute to a

27  life-threatening illness or condition, such as autism. Before

28  administering the vaccine, the practitioner must provide to

29  the patient or the patient's legal guardian information

30  concerning the risks and benefits of the vaccination.

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    Florida Senate - 2006        (Corrected Copy)            SB 82
    7-81-06




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

 2  law.

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 5                          SENATE SUMMARY

 6    Prohibits the use of vaccines containing more than
      specified amounts of mercury in immunizing children or
 7    pregnant women. Provides for the State Health Officer to
      authorize that exceptions be made under certain
 8    circumstances.

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