HB1816

SECTION 1. 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 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 EPA [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 [NIH], Centers for Disease Control and Prevention [CDC] and Health Resources and Services Administration [HRSA]) 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 Act is to limit the use of mercury-containing vaccines in Hawaii.

SECTION 2. 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; prohibited. (a) Except for the influenza vaccine described in subsection (b), effective on July 1, 2007, a person who is known to be pregnant or who is under five years of age shall not be vaccinated with a mercury-containing:

(1) Vaccine or injected with a mercury-containing product that contains more than 0.5 micrograms of mercury per 0.5 milliliter dose; or

(2) Influenza vaccine that contains more than 1.0 microgram of mercury per 0.5 milliliter dose.

(b) The director of health may exempt the use of a vaccine from this section if the director finds, and the governor concurs, that an actual or potential bioterrorist incident or other actual or potential public health emergency, including an epidemic or shortage of supply of a vaccine that would prevent children under five years of age and women known to be pregnant from receiving the needed vaccine, makes necessary the administration of a vaccine containing more mercury than the maximum level prescribed in subsection (a)(1) or subsection (a)(2) in the case of influenza vaccine. The exemption shall meet all of the following conditions:

(1) The exemption shall not be issued for more than twelve consecutive months;

(2) At the end of the effective period of exemption, the director may issue a final exemption for up to six months for the same incident or public health emergency if the director makes a determination that the exemption is necessary as set forth in this subsection, the governor concurs with the exemption, and the director notifies the legislature and interested parties pursuant to paragraphs (3), (4), and (5);

(3) Upon issuing an exemption, the director and the governor, within forty-eight hours, shall notify the legislature of the exemption and of the director's findings justifying the exemption's approval;

(4) Upon request for an exemption, the director shall notify interested parties who have expressed their interest to the director in writing, that an exemption request has been made; and

(5) Upon issuing an exemption, the director, within seven days, shall notify interested parties who have expressed their interest to the director in writing, of the exemption and of the director's findings justifying the exemption's approval."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1816
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII