ASSEMBLY, No. 897

STATE OF NEW JERSEY

217th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

 


 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman  ANGELA V. MCKNIGHT

District 31 (Hudson)

 

 

 

 

SYNOPSIS

     Eliminates use of vaccines containing mercury over three years.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning vaccines that contain mercury and supplementing Title 26 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Except as otherwise provided in this section, beginning January 1, 2013, a health care provider shall not administer to any person in this State an influenza vaccine that contains more than 0.5 micrograms of mercury per 0.25 milliliter dose to a child under three years of age or 1.0 microgram of mercury per 0.5 milliliter dose to a person over three years of age, and any other vaccine that contains more than a trace amount of mercury.

     b.    Except as otherwise provided in this section, beginning January 1, 2014, a health care provider shall not administer to any person in this State a vaccine that contains more than a trace amount of mercury.

     c.     Except as otherwise provided in this section, beginning January 1, 2015, a health care provider shall not administer to any person in this State a vaccine that contains any amount of mercury.

     d.    The Commissioner of Health and Senior Services may authorize the use of vaccines containing a higher level of mercury than that specified in subsections a., b. and c. of this section if the commissioner determines it is necessary to prevent or respond to an outbreak of disease or that there are insufficient amounts of such vaccines to adequately protect the public health.  Persons who receive a vaccine containing more than a trace amount of mercury shall be informed in advance that the vaccine contains mercury.

     e.     For purposes of this section, "trace amount" means a concentration of less than .0002%.

 

     2.    The Commissioner of Health and Senior Services shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the provisions of this act.

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would phase out the use of vaccines that contain mercury over a three-year period.

      Specifically, beginning January 1, 2013, health care providers would be prohibited from administering an influenza vaccine that contains more than 0.5 micrograms of mercury per 0.25 milliliter dose for children under three years of age, and 1.0 microgram of mercury per 0.5 milliliter dose for persons over three years of age, and any other vaccine that contains more than a trace amount of mercury. "Trace amount" means a concentration of less than .0002%.

      Beginning January 1, 2014, health care providers are prohibited from administering vaccines that contain more than a trace amount of mercury.  Beginning January 1, 2015, health care providers are prohibited from administering vaccines containing any mercury.

      The bill provides an exception under which the Commissioner of Health and Senior Services may authorize the use of vaccines containing a higher level of mercury than otherwise provided in the bill if the commissioner determines that it is necessary to prevent or respond to an outbreak of disease or that there are insufficient amounts of these vaccines to adequately protect the public health. Persons who receive a vaccine containing more than a trace amount of mercury are to be informed in advance that the vaccine contains mercury.