HF 470

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; requiring providers to notify patients when a vaccine contains
more than a trace amount of mercury; amending Minnesota Statutes 2006,
section 121A.15, subdivision 3a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 121A.15, subdivision 3a, is amended to
read:

Subd. 3a.

Disclosures required.

(a) This paragraph applies to any written
information about immunization requirements for enrollment in a school or child care
facility that:

(1) is provided to a person to be immunized or enrolling or enrolled in a school or
child care facility, or to the person's parent or guardian if the person is under 18 years
of age and not emancipated; and

(2) is provided by the Department of Health; the Department of Education; the
Department of Human Services; an immunization provider; or a school or child care
facility.

Such written information must describe the exemptions from immunizations permitted
under subdivision 3, paragraphs (c) and (d). The information on exemptions from
immunizations provided according to this paragraph must be in a font size at least equal to
the font size of the immunization requirements, in the same font style as the immunization
requirements, and on the same page of the written document as the immunization
requirements.

(b) Before immunizing a person, an immunization provider must provide the
person, or the person's parent or guardian if the person is under 18 years of age and not
emancipated, with the following information in writing:

(1) a list of the immunizations required for enrollment in a school or child care
facility;

(2) a description of the exemptions from immunizations permitted under subdivision
3, paragraphs (c) and (d);

(3) a list of additional immunizations currently recommended by the commissioner;
and

(4) in accordance with federal law, a copy of the vaccine information sheet from the
federal Department of Health and Human Services that lists possible adverse reactions to
the immunization to be provided.

(c) The commissioner deleted text begin will deleted text end new text begin shall new text end continue the educational campaign to providers
and hospitals on vaccine safety including, but not limited to, information on the vaccine
adverse events reporting system (VAERS), the federal vaccine information statements
(VIS), and medical precautions and contraindications to immunizations.

(d) The commissioner deleted text begin will deleted text end new text begin shall new text end encourage providers to provide the vaccine
information statements at multiple visits and in anticipation of subsequent immunizations.

(e) The commissioner deleted text begin will deleted text end new text begin shall new text end encourage providers to use existing screening for
immunization precautions and contraindication materials and make proper use of the
vaccine adverse events reporting system (VAERS).

(f) In consultation with groups and people identified in subdivision 12, paragraph
(a), clause (1), the commissioner will continue to develop and make available patient
education materials on immunizations including, but not limited to, contraindications and
precautions regarding vaccines.

(g) The commissioner will encourage health care providers to use thimerosal-free
vaccines when available.

new text begin (h) A provider administering a vaccine containing more than a trace amount of
mercury as defined by the Food and Drug Administration shall provide the patient with
the following disclosure in written form as well as an explanation: "THIS VACCINE
CONTAINS MORE THAN A TRACE AMOUNT OF THIMEROSAL, A MERCURY
COMPOUND."
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin This section is effective July 1, 2007.
new text end