HF 2350

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

A bill for an act
relating to health; prohibiting the use of certain vaccines containing mercury
or mercury compounds; 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) deleted text begin The commissioner will encourage health care providers to use thimerosal-free
vaccines when available. deleted text end new text begin (1) Effective August 1, 2007, no vaccine may be administered to
a pregnant woman or person under the age of 18 in the state which contains, or prior to
dilution, contained as an additive, any mercury or mercury compounds, including but not
limited to, thimerosal, whether at preservative or trace amounts, unless:
new text end

new text begin (i) a vaccine containing no mercury is not manufactured; or
new text end

new text begin (ii) the provider found that the mercury-free medically recommended vaccine was
not readily obtainable by utilizing reasonable efforts because of a shortage of supplies or
because the vaccine was not available for timely purchase.
new text end

new text begin (2) If a mercury-free vaccine is not available according to this paragraph, 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 vaccine containing mercury
may be administered.
new text end

new text begin (h)(1) Effective August 1, 2008, no vaccine may be administered to anyone in
the state which contains, or prior to dilution, had contained as an additive, more than
a trace amount of mercury or mercury compounds as defined by the Food and Drug
Administration, including but not limited to, thimerosal, unless:
new text end

new text begin (i) a vaccine containing no more than a trace amount of mercury is not manufactured;
or
new text end

new text begin (ii) the provider found that the vaccine containing no more than a trace amount of
mercury was not readily obtainable by utilizing reasonable efforts because of a shortage of
supplies or because the vaccine was not available for timely purchase.
new text end

new text begin (2) If a vaccine containing no more than a trace amount of mercury is not available
according to this paragraph, then a vaccine containing more than a trace amount of
mercury may be administered.
new text end

new text begin (i) The commissioner of health shall inform immunization providers of the
requirements of paragraphs (g) and (h) before August 1, 2007.
new text end

new text begin (j) The commissioner of health shall provide on the Department of Health Web
site information including contact information for vaccine manufacturers, how vaccines
can be purchased or obtained, and the mercury content of vaccines. This information
must be updated no less than quarterly and within seven days when a new product is
approved for sale.
new text end

new text begin (k) 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 with an explanation: "THIS VACCINE
CONTAINS MORE THAN A TRACE AMOUNT OF THIMEROSAL, A MERCURY
COMPOUND."
new text end

new text begin EFFECTIVE DATE. new text end

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