PRINTER'S NO. 909
No. 790 Session of 2007
INTRODUCED BY DENLINGER, BARRAR, BASTIAN, BENNINGTON, CLYMER, CREIGHTON, CURRY, GEORGE, GINGRICH, GOODMAN, HENNESSEY, HORNAMAN, KAUFFMAN, W. KELLER, KENNEY, LEACH, MENSCH, METCALFE, MUNDY, MYERS, M. O'BRIEN, PETRARCA, PICKETT, QUINN, RAPP, REICHLEY, SAYLOR, SIPTROTH, SOLOBAY, SURRA AND YOUNGBLOOD, MARCH 19, 2007
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MARCH 19, 2007
AN ACT 1 Prohibiting certain persons from being vaccinated with vaccines 2 containing mercury or injected with any mercury-containing 3 product; and prescribing a penalty. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Prohibition. 7 (a) General rule.--Beginning January 1, 2009, no person who 8 is knowingly pregnant or under three years of age may be 9 vaccinated with a vaccine that contains mercury or injected with 10 any product that contains mercury. 11 (b) Exemption.--The Department of Health may exempt the use 12 of a vaccine from the prohibition of subsection (a) if it finds, 13 and the Governor concurs, that an actual or potential 14 bioterrorist incident or other actual or potential public health 15 emergency, including an epidemic or shortage of supply of a 16 vaccine that would prevent knowingly pregnant women and children
1 under three years of age from receiving the needed vaccine, 2 makes necessary the administration of a vaccine containing 3 mercury. The exemption must meet all of the following 4 conditions: 5 (1) It shall not be issued for more than 12 months. 6 (2) Upon issuing an exemption, the Department of Health 7 and the Governor shall, within 48 hours, notify the General 8 Assembly about the exemption and about the Department of 9 Health's findings justifying the exemption's approval. 10 (3) Upon receiving a request for an exemption, the 11 Department of Health shall notify interested parties who have 12 requested in writing to the department notice that an 13 exemption request has been made. Upon issuing an exemption, 14 the Department of Health shall, within seven days, notify 15 interested parties about the exemption and about the 16 department's findings justifying the exemption's approval. 17 (4) At the end of the effective period of the exemption, 18 the Department of Health may issue another exemption for up 19 to 12 months for the same incident or public health 20 emergency, if the Department of Health makes a determination 21 that the exemption is necessary as set forth in this 22 subsection, the Governor concurs with the exemption and the 23 department notifies the General Assembly and interested 24 parties pursuant to paragraphs (2) and (3). 25 (c) Penalty.--Any person who vaccinates or injects a 26 knowingly pregnant woman or child under three years of age with 27 a vaccine or product in violation of this act commits a 28 misdemeanor of the third degree and, upon conviction, shall be 29 sentenced to pay a fine of $500. 30 Section 2. This act shall take effect in 60 days. A26L35DMS/20070H0790B0909 - 2 -