1.1 	A bill for an act
1.2 	relating to health; prohibiting the use of certain
1.3 	vaccines containing mercury or mercury compounds;
1.4 	amending Minnesota Statutes 2004, section 121A.15,
1.5 	subdivision 3a; proposing coding for new law in
1.6 	Minnesota Statutes, chapter 145.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 121A.15,
1.9 	subdivision 3a, is amended to read:
1.10 		Subd. 3a.Disclosures required.  (a) This paragraph
1.11 	applies to any written information about immunization
1.12 	requirements for enrollment in a school or child care facility
1.13 	that:
1.14 	(1) is provided to a person to be immunized or enrolling or
1.15 	enrolled in a school or child care facility, or to the person's
1.16 	parent or guardian if the person is under 18 years of age and
1.17 	not emancipated; and
1.18 	(2) is provided by the Department of Health; the Department
1.19 	of Education; the Department of Human Services; an immunization
1.20 	provider; or a school or child care facility.
1.21 	Such written information must describe the exemptions from
1.22 	immunizations permitted under subdivision 3, paragraphs (c) and
1.23 	(d).  The information on exemptions from immunizations provided
1.24 	according to this paragraph must be in a font size at least
1.25 	equal to the font size of the immunization requirements, in the
1.26 	same font style as the immunization requirements, and on the
2.1 	same page of the written document as the immunization
2.2 	requirements.
2.3 	(b) Before immunizing a person, an immunization provider
2.4 	must provide the person, or the person's parent or guardian if
2.5 	the person is under 18 years of age and not emancipated, with
2.6 	the following information in writing:
2.7 	(1) a list of the immunizations required for enrollment in
2.8 	a school or child care facility;
2.9 	(2) a description of the exemptions from immunizations
2.10 	permitted under subdivision 3, paragraphs (c) and (d);
2.11 	(3) a list of additional immunizations currently
2.12 	recommended by the commissioner; and
2.13 	(4) in accordance with federal law, a copy of the vaccine
2.14 	information sheet from the federal Department of Health and
2.15 	Human Services that lists possible adverse reactions to the
2.16 	immunization to be provided.
2.17 	(c) The commissioner ~~will~~ shall continue the educational
2.18 	campaign to providers and hospitals on vaccine safety including,
2.19 	but not limited to, information on the vaccine adverse events
2.20 	reporting system (VAERS), the federal vaccine information
2.21 	statements (VIS), and medical precautions and contraindications
2.22 	to immunizations.
2.23 	(d) The commissioner ~~will~~ shall encourage providers to
2.24 	provide the vaccine information statements at multiple visits
2.25 	and in anticipation of subsequent immunizations.
2.26 	(e) The commissioner ~~will~~ shall encourage providers to use
2.27 	existing screening for immunization precautions and
2.28 	contraindication materials and make proper use of the vaccine
2.29 	adverse events reporting system (VAERS).
2.30 	(f) In consultation with groups and people identified in
2.31 	subdivision 12, paragraph (a), clause (1), the commissioner ~~will~~ 
2.32 	shall continue to develop and make available patient education
2.33 	materials on immunizations including, but not limited to,
2.34 	contraindications and precautions regarding vaccines.
2.35 	(g) ~~The commissioner will encourage health care providers~~
2.36 	~~to use thimerosal-free vaccines when available~~ Immunization
3.1 	providers shall comply with section 145.929.

3.2 	Sec. 2. [145.929] ELIMINATION OF MERCURY IN VACCINES.
3.3 		Subdivision 1.Citation. This section may be cited as
3.4 	the Minnesota Elimination of Mercury in Vaccines Act of 2005.
3.5 		Subd. 2.Elimination of mercury. (a) Effective July 1,
3.6 	2005, vaccines administered in the state shall not contain any
3.7 	mercury or mercury compounds, including but not limited to
3.8 	thimerosal, unless:
3.9 	(1) a vaccine containing no mercury is not manufactured; or 
3.10 	(2) the provider finds that the mercury-free vaccine is not
3.11 	obtainable by utilizing best efforts, because the vaccine is not
3.12 	on the market for sale.
3.13 	(b) If a mercury-free vaccine is not available according to
3.14 	paragraph (a), then a vaccine containing a trace amount of
3.15 	mercury as defined by the United States Food and Drug
3.16 	Administration may be administered.  If neither a mercury-free
3.17 	vaccine nor a vaccine containing a trace amount of mercury is
3.18 	available, then the vaccine containing the least amount of
3.19 	mercury may be administered.

3.20 	Sec. 3. EFFECTIVE DATE.
 3.21 	Sections 1 and 2 are effective July 1, 2005.