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
ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER
§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,
(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
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would