SECTIONS 124172 - California Statutes

HEALTH AND SAFETY CODE

SECTION 124172

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.