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SF 639

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; prohibiting the use of certain
vaccines containing mercury or mercury compounds;
amending Minnesota Statutes 2004, section 121A.15,
subdivision 3a; proposing coding for new law in
Minnesota Statutes, chapter 145.

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

Section 1.

Minnesota Statutes 2004, 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 deleted text begin will
deleted text end new text begin shall new text end 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 Immunization
providers shall comply with section 145.929
new text end .

Sec. 2.

new text begin [145.929] ELIMINATION OF MERCURY IN VACCINES.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section may be cited as
the Minnesota Elimination of Mercury in Vaccines Act of 2005.
new text end

new text begin Subd. 2. new text end

new text begin Elimination of mercury. new text end

new text begin (a) Effective July 1,
2005, vaccines administered in the state shall not contain any
mercury or mercury compounds, including but not limited to
thimerosal, unless:
new text end

new text begin (1) a vaccine containing no mercury is not manufactured; or
new text end

new text begin (2) the provider finds that the mercury-free vaccine is not
obtainable by utilizing best efforts, because the vaccine is not
on the market for sale.
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 United States 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 the least amount of
mercury may be administered.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective July 1, 2005.
new text end