HOUSE BILL 271

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Rhonda S. King

AN ACT

RELATING TO HEALTH; LIMITING MERCURY IN INFLUENZA VACCINE; ENSURING ADEQUATE SUPPLIES OF SAFE AND EFFECTIVE INFLUENZA VACCINE; IMPROVING INFLUENZA CONTROL; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 24-5-1 NMSA 1978 (being Laws 1959, Chapter 329, Section 1, as amended) is amended to read:

     "24-5-1. IMMUNIZATION REGULATIONS.--

          A. The public health division of the department of health shall, after consultation with the [state board of education] public education department, promulgate rules [and regulations] governing the immunization against diseases deemed to be dangerous to the public health, to be required of children attending public, private, home or parochial schools in the state. The immunizations required and the manner and

frequency of their administration shall conform to recommendations of the advisory committee on immunization practices of the United States department of health and human services and the American academy of pediatrics. The public health division shall supervise and secure the enforcement of the required immunization program.

          B. Children under the age of eight or persons who are known to be pregnant shall not receive any influenza vaccine containing more than trace amounts of mercury as defined by the United States food and drug administration unless, in the judgment of the health care provider, administering the vaccine is medically indicated and mercury-free or trace vaccine is unavailable and the patient or guardian is notified that the vaccine to be administered contains mercury.

          C. The department of health may authorize an exemption from the provisions of Subsection B of this section if the exemption is necessary to ensure that an adequate supply of vaccine is needed to protect the public health and if the patient or guardian is notified that the vaccine to be administered contains mercury."

     Section 2. [NEW MATERIAL] IMPROVING INFLUENZA CONTROL.--The department of health shall develop and implement a plan to increase influenza immunizations among school children and children in daycare.

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