Full Text of SB0133 95th General Assembly
SB0133sam002 95TH GENERAL ASSEMBLY
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Sen. Susan Garrett
Filed: 4/25/2007
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| AMENDMENT TO SENATE BILL 133
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| AMENDMENT NO. ______. Amend Senate Bill 133, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Mercury-Free Vaccine Act is amended by | 6 |
| changing Sections 5 and 10 as follows: | 7 |
| (410 ILCS 51/5)
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| Sec. 5. Banned mercury-containing vaccines. | 9 |
| (a) Except for an influenza vaccine, on or after January 1, | 10 |
| 2008, a person who is knowingly pregnant or who is under 3 | 11 |
| years of age shall not be vaccinated with a mercury-containing | 12 |
| vaccine or injected with a mercury-containing product that | 13 |
| contains more than 0.5 micrograms of mercury per 0.5 milliliter | 14 |
| dose.
Commencing January 1, 2006, a person shall not be | 15 |
| vaccinated with a mercury-containing vaccine that contains | 16 |
| more than 1.25 micrograms of mercury per dose.
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| (b) On and after January 1, 2008, a person who is knowingly | 2 |
| pregnant or who is under 3 years of age shall not be vaccinated | 3 |
| with a mercury-containing influenza vaccine that contains more | 4 |
| than 1.0 microgram of mercury per 0.5 milliliter dose.
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| Commencing January 1, 2008, no person shall be vaccinated with | 6 |
| a vaccine or injected with any product that contains, or prior | 7 |
| to dilution, had contained as an additive, any mercury based | 8 |
| product, whether at preservative or trace amount levels.
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| (Source: P.A. 94-614, eff. 1-1-06.) | 10 |
| (410 ILCS 51/10)
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| Sec. 10. Exemption. | 12 |
| The Director of Public Health may exempt the use of a | 13 |
| vaccine from the requirements of this Act if the Director | 14 |
| finds, and the Governor concurs, that an actual or potential | 15 |
| bioterrorist incident or other actual or potential public | 16 |
| health emergency, including an epidemic or a shortage of supply | 17 |
| of a vaccine that would prevent children under 3 years of age | 18 |
| and knowingly pregnant women from receiving the needed vaccine, | 19 |
| makes necessary the administration of a vaccine containing more | 20 |
| mercury than the maximum level set forth in this Act. The | 21 |
| exemption shall meet all of the following requirements: | 22 |
| (1) The exemption shall not be issued for more than 12 | 23 |
| months. | 24 |
| (2) At the end of the effective period of the | 25 |
| exemption, the Director may issue another exemption for up |
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| to 12 months for the same incident or public health | 2 |
| emergency if the Director makes a determination that the | 3 |
| exemption is necessary as set forth in this Section, the | 4 |
| Governor concurs with the exemption, and the Director | 5 |
| notifies the General Assembly and interested parties, | 6 |
| pursuant to subsections (3), (4), and (5) of this Section. | 7 |
| (3) Upon issuing an exemption, the Director and the | 8 |
| Governor shall, within 48 hours, notify the General | 9 |
| Assembly about the exemption and about the Director's | 10 |
| findings justifying the exemption's approval. | 11 |
| (4) Upon request for an exemption, the Department shall | 12 |
| notify an interested party who has expressed his or her | 13 |
| interest to the Department in writing that an exemption | 14 |
| request has been made. | 15 |
| (5) Upon issuing an exemption, the Director shall, | 16 |
| within 7 days, notify interested parties who have expressed | 17 |
| their interest to the Director in writing about the | 18 |
| exemption and about the Director's findings justifying the | 19 |
| exemption's approval.
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| The Department of Public Health may exempt the use of a vaccine | 21 |
| from this Act if the Department finds that an actual or | 22 |
| potential bio-terrorist incident or other actual or potential | 23 |
| public health emergency, including an epidemic or shortage of | 24 |
| supply of a vaccine at a reasonable cost that would prevent a | 25 |
| person from receiving the needed vaccine, makes necessary the | 26 |
| administration of a vaccine containing more mercury than the |
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| maximum level set forth in subsection (a) or subsection (b) of | 2 |
| Section 5 in the case of influenza vaccine. The exemption shall | 3 |
| meet all of the following conditions: | 4 |
| (1) The exemption shall not be issued for more than 12 | 5 |
| months. | 6 |
| (2) At the end of the effective period of any | 7 |
| exemption, the Department may issue another exemption for | 8 |
| up to 12 months for the same incident or public health | 9 |
| emergency, if the Department makes a determination that any | 10 |
| exemption is necessary as set forth in this Section and the | 11 |
| Department notifies the legislature and interested parties | 12 |
| pursuant to paragraphs (3), (4), and (5). | 13 |
| (3) Upon issuing an exemption, the Department shall, | 14 |
| within 48 hours, notify the legislature about any exemption | 15 |
| and about the Department's findings justifying the | 16 |
| exemption's approval. | 17 |
| (4) Upon request for an exemption, the Department shall | 18 |
| notify an interested party, who has expressed his or her | 19 |
| interest to the Department in writing, that an exemption | 20 |
| request has been made. | 21 |
| (5) Upon issuing an exemption, the Department shall, | 22 |
| within 7 days, notify an interested party, who has | 23 |
| expressed his or her interest to the Department in writing, | 24 |
| about any exemption and about the Department's findings | 25 |
| justifying the exemption's approval.
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| (Source: P.A. 94-614, eff. 1-1-06.)".
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