BILL NUMBER: AB 2943	CHAPTERED
	BILL TEXT

	CHAPTER  837
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2004
	PASSED THE ASSEMBLY  AUGUST 26, 2004
	PASSED THE SENATE  AUGUST 24, 2004
	AMENDED IN SENATE  AUGUST 19, 2004
	AMENDED IN SENATE  JULY 1, 2004
	AMENDED IN ASSEMBLY  MAY 20, 2004
	AMENDED IN ASSEMBLY  MAY 12, 2004
	AMENDED IN ASSEMBLY  APRIL 20, 2004
	AMENDED IN ASSEMBLY  APRIL 12, 2004
	AMENDED IN ASSEMBLY  APRIL 1, 2004

INTRODUCED BY   Assembly Member Pavley
   (Coauthors:  Assembly Members Jackson, Levine, and Lieber)
   (Coauthor:  Senator Romero)

                        FEBRUARY 20, 2004

   An act to add Article 9 (commencing with Section 124172) to
Chapter 3 of Part 2 of Division 106 of the Health and Safety Code,
relating to vaccinations.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2943, Pavley.  Mercury-containing vaccines.
   Existing law requires the State Department of Health Services to
maintain a program of maternal and child health.
   This bill, with certain exemptions, would prohibit, on and after
July 1, 2006, a person who is knowingly pregnant or who is under 3
years of age from being vaccinated with a mercury-containing vaccine
or injected with a mercury-containing product that contains more than
a specified amount of mercury.  The bill would require notice to be
given to the Legislature and interested parties regarding any
exemptions and requests for exemptions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 9 (commencing with Section 124172) is added to
Chapter 3 of Part 2 of Division 106 of the Health and Safety Code, to
read:

      Article 9.  Mercury-containing Vaccines

   124172.  (a) Except for an influenza vaccine described in
subdivision (b), on and after July 1, 2006, a person who is knowingly
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.
   (b) On and after July 1, 2006, a person who is knowingly pregnant
or who is under three years of age shall not be vaccinated with a
mercury-containing influenza vaccine that contains more than 1.0
microgram of mercury per 0.5 milliliter dose.
   (c) The Secretary of the Health and Human Services Agency may
exempt the use of a vaccine from this section if the secretary 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 three years of age and knowingly pregnant
women from receiving the needed vaccine, makes necessary the
administration of a vaccine containing more mercury than the maximum
level set forth in subdivision (a), or subdivision (b) in the case of
influenza vaccine.  The exemption shall meet all of the following
conditions:
   (1) It shall not be issued for more than 12 months.
   (2) At the end of the effective period of the exemption, the
secretary may issue another exemption for up to 12 months for the
same incident or public health emergency, if the secretary makes a
determination that the exemption is necessary as set forth in this
subdivision, the Governor concurs with the exemption, and the
secretary notifies the Legislature and interested parties pursuant to
paragraphs (3), (4), and (5).
   (3) Upon issuing an exemption, the secretary and the Governor
shall, within 48 hours, notify the Legislature about the exemption
and about the secretary's findings justifying the exemption's
approval.
   (4) Upon request for an exemption, the secretary shall notify
interested parties, who have expressed their interest to the
secretary in writing, that an exemption request has been made.
   (5) Upon issuing an exemption, the secretary shall, within seven
days, notify interested parties, who have expressed their interest to
the secretary in writing, about the exemption and about the
secretary's findings justifying the exemption's approval.