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S.B.NO. 2133 HD1
A BILL FOR AN ACT
BE IT ENCACTED BY THE LEGISLATURE OF THE STATE OF HAWAII
LIMITS use of MERCURY-CONTAINING VACCINES IN HAWAII:
PART III

SECTION 6. The legislature finds that thimerosal is a preservative that has been used in some vaccines since the 1930s and consists of 49.6 per cent mercury by weight and is metabolized or degraded into ethylmercury and thiosalicylate. While the use of mercury-containing preservatives has declined in recent years, thimerosal is still used in certain vaccines recommended for adults, pregnant women, and children.

The United States Food and Drug Administration (FDA) acknowledges that: "depending on the vaccine formulations used and the weight of the infant, some infants could have been exposed to cumulative levels of mercury during the first six months of life that exceeded EPA [Environmental Protection Agency] recommended guidelines for safe intake of methylmercury. As a precautionary measure, the Public Health Service (including the FDA, National Institutes of Health, Centers for Disease Control and Prevention and Health Resources and Services Administration) and the American Academy of Pediatrics issued a Joint Statement on July 7, 1999, urging vaccine manufacturers to reduce or eliminate thimerosal in vaccines as soon as possible."

Legislation to ban thimerosal-containing vaccines has been enacted in six states -- California, Delaware, Illinois, Iowa, Missouri, and New York. Fourteen other states have introduced similar legislation.

The purpose of this Act is to limit the use of mercury-containing vaccines in Hawaii.

SECTION 7. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321- Mercury-containing vaccines; prohibited.

(a) Depending upon availability in this state, preference during the 2006-2007 influenza season shall be given to children under twelve years of age and pregnant women to receive no vaccine containing more than a trace of mercury, defined as 1.25 micrograms per administered dose amount.

The department of health may seek an exemption from this section only when it determines, and the governor agrees, that an emergency exists, and only if there is a shortage of the mercury-free product. In that case, the exemption shall not last longer than six months; provided further that anyone receiving a vaccine that is not mercury-free shall be informed in advance in writing that the product contains a mercury-based preservative. The exemption shall apply to children under the age of twelve only if the mercury-free, pediatric formulation of influenza vaccine is unavailable. Likewise, exemptions for individuals thirteen years of age and older shall apply only in the absence of the mercury-free adult formulation of influenza vaccine.

The department of health shall immediately notify all vaccine providers of this subsection.

(b) Commencing in the fall, at the onset of the 2007-2008 influenza season, to the greatest extent possible, no person shall be vaccinated with a vaccine or injected with any product that contains, or prior to dilution had contained as an additive, any mercury-based product, whether as a preservative or at a trace amount level.

The department may seek an exemption from this subsection only when it determines, and the governor agrees, that an emergency exists, and only if there is a shortage of the mercury-free product. In such case, the exemption shall not last longer than six months; provided that anyone receiving a vaccine that is not mercury-free shall be informed in advance in writing that the product contains a mercury-based preservative.

The department of health is required to notify all medical providers of this subsection."