See other bills
under the
same topic
                                                       PRINTER'S NO. 909

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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 -