September 27, 2020
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_h0491__
HB 491

1
A bill to be entitled
2An act relating to immunizations; prohibiting vaccinating
3a woman who is knowingly pregnant or a child who is
4younger than a specified age with a vaccine that contains
5any mercury or injecting such a woman or child with a
6product that contains more than a specified amount of
7mercury; prohibiting vaccinating a woman who is knowingly
8pregnant or a child under a specified age with an
9influenza vaccine that contains more than a specified
10amount of mercury; providing the effective date of such
11prohibitions; providing for the State Health Officer to
12authorize the use of vaccines that contain a greater
13amount of mercury than is otherwise allowed if the
14Secretary of Health declares a public health emergency and
15makes certain findings; providing exceptions to the
16prohibition following disclosure regarding certain risks
17and benefits; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Vaccinations and injections containing mercury
22prohibited for pregnant women and young children.--
23     (1)  Except for an influenza vaccine described in
24subsection (2), on and after July 1, 2007, a woman who is
25knowingly pregnant or a child who is younger than 3 years of age
26may not be vaccinated with a vaccine that contains any mercury
27or injected with a product that contains more than 0.5
28micrograms of mercury per 0.5-milliliter dose.
29     (2)  On and after July 1, 2007, a woman who is knowingly
30pregnant or a child who is younger than 3 years of age may not
31be vaccinated with an influenza vaccine that contains more than
321 microgram of mercury per 0.5-milliliter dose.
33     (3)  If the Secretary of Health declares a public health
34emergency under s. 381.00315, Florida Statutes, and finds that
35an epidemic or shortage of supply of a vaccine will prevent
36knowingly pregnant women and children younger than 3 years of
37age from receiving the needed vaccine, the State Health Officer
38may authorize the administration of a vaccine containing more
39mercury than the maximum level established in subsection (1), or
40subsection (2) in the case of influenza vaccine, to knowingly
41pregnant women or children younger than 3 years of age.
42     (4)  A licensed health care practitioner may only
43administer a vaccine containing more mercury than the maximum
44level established in subsection (1), or subsection (2) in the
45case of influenza vaccine, to a knowingly pregnant woman or a
46child younger than 3 years of age if, according to the
47practitioner's medical judgment under accepted medical
48standards, the benefits of the patient receiving the vaccine to
49prevent a vaccine-preventable disease outweigh the risks of
50mercury exposure. Before administering the vaccine, the
51practitioner must provide to the patient or the patient's legal
52guardian information concerning the risks and benefits of the
53vaccination.
54     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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