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This entry was published on 2014-09-22
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SECTION 2112
Immunizations; prohibition on the use of mercury
Public Health (PBH) CHAPTER 45, ARTICLE 21, TITLE 1
§ 2112. Immunizations; prohibition on the use of mercury. 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.