BILL REQ. #:  S-4110.2 

Read first time 01/14/08.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to vaccines; amending RCW 70.95M.115; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature recognizes public concern about thimerosal and mercury content in vaccines. Mercury exposure during pregnancy can risk harm to the fetus. It is particularly urgent that women of child-bearing age be informed of this risk, both before and during pregnancy, so they may take proper precautions to protect their own health and that of their future children. The legislature recognizes that health care providers bear the burden and potential liability of complying with the law and preventing pregnant women from mercury vaccine exposure.
     (2) The legislature intends to honor and support every patient's right to know what products and substances they are being exposed to. Patients may be misled by popular misconceptions that all vaccines are mercury free. It is imperative that patients be provided with accurate information about the contents of all vaccines they are offered, so they may be effective advocates for their own health care.

Sec. 2   RCW 70.95M.115 and 2007 c 268 s 1 are each amended to read as follows:
     (1) Beginning July 1, 2007, a person who is known to be pregnant or who is under three years of age shall not be vaccinated with a mercury-containing vaccine or injected with a mercury-containing product that contains more than 0.5 micrograms of mercury per 0.5 milliliter dose.
     (2) ((Notwithstanding)) No person, including those listed in subsection (1) of this section, may be vaccinated with an influenza vaccine ((may contain up to 1.0 micrograms)) that contains more than .1 microgram of mercury ((per 0.5 milliliter dose)).
     (3) The secretary of the department of health may, upon the secretary's or local public health officer's declaration of an outbreak of vaccine-preventable disease or of a shortage of vaccine that complies with subsection (1) or (2) of this section, suspend the requirements of subsections (1) and (2) of this section for the duration of the outbreak or shortage.
     (4) A person ((who is known to be pregnant or lactating)) or a parent or legal guardian of a child under eighteen years of age shall be informed if the person or child is to be vaccinated or injected with any ((mercury-containing)) product with added mercury or that contains more than ((the)) .1 microgram of mercury ((limits per dose in subsections (1) and (2))). This includes those circumstances described under subsection (3) of this section.
     (a) The disclosure must indicate how much total mercury will be injected from all vaccines administered during the health care visit and include a statement of the risks associated with mercury exposure that is in excess of the environmental protection agency listed mercury per body kilogram.
     (b) The disclosure must also include a statement of the risks of exposure during pregnancy and inform the patient to notify the health care provider immediately if she suspects she is pregnant.
     (((4))) (5) Health care providers administering vaccines must provide a vaccine adverse event reporting system report form to every person or parent or legal guardian of a child under eighteen years of age vaccinated, for the purpose of reporting any clinically significant adverse event.
     (6) All vaccines and products referenced under this section must meet food and drug administration licensing requirements.

NEW SECTION.  Sec. 3   This act takes effect July 1, 2008.