H. B. 2034
(By Delegate Rodighiero)
[Introduced February 11, 2009; 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 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 2009."
(a) Effective July 1, 2009, 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.