HF 1917

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

A bill for an act
relating to public health; establishing a preference for mercury-free vaccines;
amending Minnesota Statutes 2006, section 121A.15, by adding a subdivision.

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

Section 1.

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

new text begin Subd. 3b. new text end

new text begin Preference for mercury-free vaccines. new text end

new text begin (a) All vaccines administered in
the state of Minnesota must be free of all mercury and mercury compounds, including
but not limited to, thimerosal, including preservative and trace amounts of mercury or
mercury compounds, unless:
new text end

new text begin (1) a mercury-free vaccine is not manufactured;
new text end

new text begin (2) the health care provider finds that the mercury-free, medically recommended
vaccine is not obtainable by utilizing reasonable efforts because of a shortage of supplies
or because the vaccine was not available for purchase; or
new text end

new text begin (3) a vaccine containing mercury was ordered before July 1, 2007, and used before
July 1, 2008.
new text end

new text begin (b) If a mercury-free vaccine is not available according to paragraph (a), then
a vaccine containing a trace amount of mercury, as defined by the Food and Drug
Administration, may be administered. If neither a mercury-free vaccine nor a vaccine
containing a trace amount of mercury is available, then the available vaccine containing
the least amount of mercury may be administered.
new text end

new text begin (c) A provider administering a vaccine containing more than a trace amount of
mercury shall, before administering the vaccine, obtain informed consent from the patient,
and also obtain a signed acknowledgment that the patient has received, and has had
verbally explained, the following written disclosure: "This vaccine contains more than a
trace amount of the mercury compound thimerosal."
new text end

new text begin (d) The commissioner of health shall inform immunization providers of all the
requirements of this section.
new text end

new text begin (e) The commissioner of health shall provide and maintain vaccine information on
the Department of Health Web site, including, but not limited to, contact information for
vaccine manufacturers, instructions as to how vaccines can be purchased and obtained, and
the mercury content of vaccines. This information must be updated no less than quarterly
and must be updated within seven days after a new vaccine product is approved for sale.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007, except that the
requirement in paragraph (d) is effective June 1, 2007, or the day following final
enactment, whichever is later.
new text end