H. B. 2119
(By Delegate Rodighiero)
[Introduced January 12, 2011; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-5a, relating to the prevention and control of communicable and other infectious diseases; and creating the “West Virginia Elimination of Mercury in Vaccines Act” requiring the elimination of mercury in vaccines.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-3-5a, to read as follows:
ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.
§16-3-5a. Elimination of mercury in vaccines.
This section may be cited as the “West Virginia Elimination of Mercury in Vaccines Act of 2011.”
(a) Effective July 1, 2011, vaccines administered within the state may not contain mercury or mercury compounds, including, but not limited to, thimerosal, unless:
(1) A specific vaccine that does not contain mercury is not manufactured; or
(2) A mercury-free vaccine is not available despite using best efforts to secure that vaccine.
(b) If, in accordance with subsection (a), a mercury-free vaccine is unavailable, a vaccine that contains a trace amount of mercury, as defined by the United States Food and Drug Administration, may be administered.
(c) If a mercury-free vaccine or a vaccine that contains a trace amount of mercury is unavailable, the vaccine that contains
the least amount of mercury is to be administered.
NOTE: The purpose of this bill is to eliminate, to the maximum extent possible, the use of vaccines that contain mercury.
This section is new; therefore, it has been completely underscored.