Introduced Version
HOUSE BILL No. 1361
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2-353.1; IC 16-41-42; IC 25-1-9-6.6.
Synopsis: Vaccines with mercury. Requires that before a person
administers a vaccine that contains more than a trace amount of
mercury, the person must inform the person who will be vaccinated that
there are alternatives to mercury preserved vaccines. Allows the state
department of health to suspend this requirement during a public health
emergency or an epidemic. Provides that a health care practitioner may
be subject to disciplinary sanctions for failing to comply with these
requirements.
Effective: July 1, 2007.
January 16, 2007, read first time and referred to Committee on Public Health.
Introduced
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1361
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-18-2-353.1; (07)IN1361.1.1. -->
SECTION 1. IC 16-18-2-353.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 353.1. "Trace amount of
mercury", for purposes of IC 16-41-42, has the meaning set forth
in IC 16-41-42-1.
SOURCE: IC 16-41-42; (07)IN1361.1.2. -->
SECTION 2. IC 16-41-42 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]:
Chapter 42. Administration of Vaccines
Sec. 1. As used in this chapter, "trace amount of mercury"
means less than one-half (1/2) microgram of mercury, including
thimerosal and derivatives of ethyl mercury, per five (5) milliliter
dose of vaccine.
Sec. 2. Before a person administers a vaccine that contains more
than a trace amount of mercury to an individual, the person must
inform the individual (or the individual's parent, guardian, or
custodian if the individual is unemancipated and less than eighteen
(18) years of age) of the following:
(1) That the vaccine contains mercury.
(2) That there are alternatives to mercury preserved vaccines
that are available to the individual.
Sec. 3. (a) If the executive board or state department determines
that:
(1) a public health emergency or an epidemic exists that
requires a public vaccination program; and
(2) there is an insufficient supply of vaccine that does not
contain more than a trace amount of mercury for the public
vaccination program;
the requirements in section 2 of this chapter do not apply for the
duration of the public health emergency or epidemic.
(b) If the executive board or state department makes a
determination under subsection (a), the commissioner shall inform
the:
(1) governor;
(2) president pro tempore and minority leader of the senate;
and
(3) speaker and minority leader of the house of
representatives;
concerning the nature of the public health emergency or epidemic
and its expected duration.
SOURCE: IC 25-1-9-6.6; (07)IN1361.1.3. -->
SECTION 3. IC 25-1-9-6.6 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Sec. 6.6. In addition to the actions listed under section 4
of this chapter that subject a practitioner to disciplinary sanctions,
a practitioner is subject to disciplinary sanctions under section 9 of
this chapter if, after a hearing, the board that regulates the
practitioner finds that the practitioner has failed to comply with
the requirements of IC 16-41-42 concerning the administration of
vaccines.