H. B. 2152


(By Delegate Lane)

[Introduced January 16, 2007; 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 mercury containing vaccines; and providing for 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 2007".
(a) Effective the first day of July, two thousand seven, vaccines administered in this state shall not contain any mercury or mercury compounds, including but not limited to thimerosal, unless:
(1) A vaccine containing no mercury is not manufactured; or
(2) The provider finds that the mercury-free vaccine is not obtainable by utilizing best efforts, because the vaccine is not on the market for sale.
(b) If a mercury-free vaccine is not available according to subsection (a), then a vaccine containing a trace amount of mercury as defined by the United States Food and Drug Administration may be administered. If neither a mercury-free vaccine nor a vaccine containing a trace amount of mercury is available, then the vaccine containing the least amount of mercury may be administered.


NOTE: The purpose of this bill is to eliminate mercury in childhood vaccines.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.