CHAPTER 144

FORMERLY

HOUSE SUBSTITUTE NO. 2

FOR

HOUSE BILL NO. 108

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO IMMUNIZATIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Chapter 5, Title 16 of the Delaware Code, by inserting within Subchapter I thereof, a new section to read:

Ҥ 510. Immunizations.

Except for vaccines for influenza, no vaccine containing more than a trace amount of mercury shall be made available to a medical provider in this State for administration to children under eight years of age or to pregnant women. For the purposes of this section, “trace amount” is as defined by the regulations of the USFDA. This section shall not apply to vaccines administered during declared states of emergency or epidemics.”

Section 2. Amend Chapter 5, Title 16 of the Delaware Code, by striking § 510 thereof in its entirety and by substituting in lieu thereof the following:

Ҥ 510. Immunizations.

No vaccine containing more than a trace amount of mercury shall be made available to a medical provider in this State for administration to children under eight years of age or to pregnant women. For the purposes of this section, “trace amount” is as defined by the regulations of the USFDA. This section shall not apply to vaccines administered during declared states of emergency or epidemics.”

Section 3. Amend Chapter 5, Title 16 of the Delaware Code, by striking § 510 thereof in its entirety and by substituting in lieu thereof the following:

Ҥ 510. Immunizations.

No vaccine containing mercury shall be made available to a medical provider in this State for administration to children under eight years of age or to pregnant women. No vaccine containing mercury shall be administered by a medical provider in this State to a child who is under eight years of age or to a pregnant woman, notwithstanding the expiration date thereof. This section shall not apply to vaccines administered during declared states of emergency or epidemics.”

Section 4. This Act shall become effective as follows:

Section 1. of this Act shall become effective on January 1, 2006;

Section 2. of this Act shall become effective on January 1, 2007; and

Section 3. of this Act shall become effective on January 1, 2008.

Approved July 12, 2005