Establishes the Hawaii Health Commission and appropriates funds. Limits use of mercury-containing vaccines in Hawaii. (CD1)

A BILL FOR AN ACT

PART I

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

§   -1 Hawaii health commission; establishment. (a) There is established within the insurance division of the department of commerce and consumer affairs for administrative purposes the Hawaii health commission. The commission shall be an autonomous public body corporate and politic and an instrumentality of the State.

(b) The commission shall be composed of five members appointed by the governor as provided in section 26-34; provided that a minimum of two members shall be appointed from a list of nominees submitted by the speaker of the house of representatives and a minimum of two members shall be appointed from a list of nominees submitted by the president of the senate. All members shall be appointed for terms of three years each and may serve no more than two consecutive terms.

(c) An executive director shall be selected by the members.

(d) Each member shall hold office until the member's successor is appointed and qualified.

(e) Three members shall constitute a quorum, whose affirmative vote shall be necessary for all valid actions by the commission.

§   -2 Hawaii health commission; duties and responsibilities. (a) The commission shall be responsible for continuing the work of the governor's Hawaii health care task force of 2005, created by Act 223, Session Laws of Hawaii 2005, in the overall health planning for the State and shall be responsible for determining future capacity needs of health providers, facilities, equipment, and support services providers.

(b) The commission shall develop for all individuals in the State, a comprehensive health plan that includes:

(c) The commission shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.

(d) The commission shall submit to the legislature a comprehensive health plan for all individuals in the State, including its findings and recommendations, no later than twenty days prior to the convening of the regular session of 2008."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000 or so much thereof as may be necessary for fiscal year 2006-2007 for the purpose of operating the Hawaii health commission.

The sum shall be expended by the department of commerce and consumer affairs for the purposes of this Act.

PART II

SECTION 3. 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 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 part is to limit the use of mercury-containing vaccines in Hawaii.

SECTION 4. 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. (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 vaccine containing not 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 there is a shortage of the mercury-free product. The exemption shall apply to children under the age of twelve only if the mercury-free, pediatric formulation of influenza vaccine is unavailable. Exemptions for pregnant women shall apply only in the absence of the mercury-free adult formulation of influenza vaccine. In that case, any person 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 shall immediately notify all vaccine providers of this subsection.

(b) Beginning in the 2007-2008 influenza season, 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 there is a shortage of the mercury-free product. In that case, any person 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 shall notify all medical providers of this subsection."

PART III

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2006, and shall be repealed June 30, 2009.