Section 2112. Immunizations; prohibition on the use of mercury


Latest version.
  • 1. Except as
      otherwise  provided  in  subdivisions  two, three, four and five of this
      section, no person under three years of age and no woman who  knows  she
      is  pregnant  shall be vaccinated with a vaccine that contains more than
      0.5 micrograms of mercury per 0.5 milliliter dose.
        2. Persons under  three  years  of  age  may  be  vaccinated  with  an
      influenza  vaccine  that  contains  not  more  than  0.625 micrograms of
      mercury per 0.25 milliliter dose.
        3. Women who  know  they  are  pregnant  may  be  vaccinated  with  an
      influenza vaccine that contains not more than 1.25 micrograms of mercury
      per  0.50  milliliter dose; provided, however, that no provision of this
      section shall apply to the administration of influenza vaccine to  women
      who  know  they  are  pregnant until and unless the commissioner makes a
      yearly determination that there  is  an  adequate  supply  of  influenza
      vaccine  that contains not more than 1.25 micrograms of mercury per 0.50
      milliliter dose to meet anticipated demand.
        4. The commissioner may authorize the use of vaccines containing  more
      than  the mercury levels described in subdivisions one, two and three of
      this section when he or she determines it is  necessary  to  prevent  or
      respond  to an outbreak of disease and there are insufficient amounts of
      vaccine containing the mercury levels described in subdivision one,  two
      or  three  of this section to adequately protect the public health. Such
      authorization shall continue until the commissioner determines that  the
      threat of an outbreak or the outbreak has ended.
        5.  The  commissioner  may  authorize  the  use  of  specific vaccines
      containing more than the mercury levels described in  subdivisions  one,
      two  and  three of this section when he or she determines that a vaccine
      with lower mercury levels is not  available  for  distribution  in  this
      state,  and  the  parent  of  a person under three years of age provides
      informed consent to administration of such vaccine to his or  her  child
      or  the woman who knows she is pregnant provides informed consent to the
      administration of such vaccine.