HOUSE BILL REPORT
HB 1098
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Health Care & Wellness
Title: An act relating to the availability of vaccines during outbreaks.
Brief Description: Authorizing suspension of restriction on the availability of vaccines during outbreaks.
Sponsors: Representatives Cody, Hinkle, Schual-Berke, Campbell, Morrell, Green, Darneille, Ormsby, B. Sullivan, Dickerson, Kenney, Moeller and Wallace.
Brief History:
Health Care & Wellness: 1/18/07, 1/22/07 [DPS].
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON HEALTH CARE & WELLNESS
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 12 members: Representatives Cody, Chair; Morrell, Vice Chair; Hinkle, Ranking Minority Member; Alexander, Assistant Ranking Minority Member; Barlow, Campbell, Condotta, Curtis, Green, Moeller, Pedersen and Seaquist.
Staff: Chris Cordes (786-7103).
Background:
A 2006 law prohibits, beginning July 1, 2007, the vaccination of a person who is known to be
pregnant or under three years of age with a vaccine or other product that contains more than a
specified amount of mercury. The law excepts certain influenza vaccines and also authorizes
the Secretary of the Department of Health (Secretary) to suspend the prohibition during the
duration of a declared public health emergency.
Under the state's Emergency Management Act (Act), an "emergency" is an event that
demands immediate action to preserve public health, protect life or public property, provide
relief to stricken communities, or an event of such size or destruction that it warrants the
governor's declaration of a state of emergency. The governor has general control and
responsibility for carrying out the Act's purposes of providing for emergency management by
the state and its political subdivisions and may assume direct operational control.
Among the Secretary's duties is the duty to investigate outbreaks and epidemics of disease
that may occur and to advise local health officers about measures to be taken to prevent and
control such outbreaks. The Department of Health defines "outbreak" as the occurrence of
cases of a disease or condition in any area over a given period of time in excess of the
expected number of cases. The Secretary's statutory authority to declare a public health
emergency is explicit in specific circumstances, such as emergencies related to public water
systems and water pollution. In these cases, a "public health emergency" is defined as a
declaration by the Secretary or a local health officer of a situation in which either illness, or
exposure known to cause illness, is occurring or is imminent.
Summary of Substitute Bill:
The authority to suspend the prohibition against the use of mercury-containing vaccines and
products is revised. Instead of the suspension applying during the duration of a declared
public health emergency, the suspension applies during the duration of a declared outbreak of
vaccine-preventable disease or during a shortage of vaccine that complies with the statutory
mercury requirements.
The authority to declare the outbreak of vaccine-preventable disease or a vaccine shortage is
expressly given to the Secretary of the Department of Health and to local health officers.
Substitute Bill Compared to Original Bill:
The substitute bill (1) adds that the prohibition will be suspended during a declared shortage
of vaccine that complies with the statutory mercury requirements; and (2) specifies that the
outbreak of a vaccine-preventable disease or a vaccine shortage will be declared by the
Secretary of the Department of Health or a local public health officer.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support, with amendment) The bill helps clarify the process for declaring an exception to
the requirement to use certain low-mercury vaccines. The bill should also address what
would happen if there is a shortage of vaccine meeting the low mercury levels required under
the law.
(Opposed) None.
Persons Testifying: (In support, with amendment) Neil Kaneshira, American Academy of Pediatrics.