HCS HB 852 -- IMMUNIZATIONS

SPONSOR:  Holand

COMMITTEE ACTION:  Voted "do pass" by the Committee on Health
Care Policy by a vote of 13 to 0.

This substitute contains provisions regarding immunizations.

Effective January 1, 2006, the substitute prohibits immunizations
administered to children less than eight years old from
containing mercury preservatives, including thimerosal.  The Food
and Drug Administration's designation of an immunization as
"thimerosal free" or "trace only" will comply with requirements
of the substitute.  Other persons receiving immunizations that
are not designated as "thimerosal free" or "trace only" are
required to be informed that the immunization contains a mercury-
based preservative.

Effective January 1, 2006, the substitute also requires insurers
licensed in Missouri that provide coverage for immunizations on a
fee schedule or a percentage reimbursement basis to reimburse for
immunizations not containing mercury.  This reimbursement must be
at the same percentage rate of the usual and customary charges
provided for immunizations containing mercury or other
preservatives prior to January 1, 2006.

The Director of the Department of Health and Senior Services will
be exempt from complying with the requirements of the substitute
by providing documentation of an outbreak requiring a public
vaccination program when a sufficient supply of vaccine that is
mercury free is not available.  Persons receiving an exempted
immunization are required to be informed that it contains a
mercury-based preservative.  The duration of the exemption will
be determined by the director.  The documentation provided by the
department is required to be submitted to the chairs of the
committees in the House of Representatives and Senate whose
jurisdiction is public health policy.

FISCAL NOTE:  Estimated Net Cost on General Revenue Fund of
Unknown in FY 2005, FY 2006, and FY 2007.  Estimated Net Income
on Other State Funds of $8,000 in FY 2005, $0 in FY 2006, and $0
in FY 2007.

PROPONENTS:  Supporters say that the bill does not discourage the
administration of immunizations, but provides a mechanism for
informing parents about heavy metal preservatives contained in
certain vaccines, including mercury and its compound, thimerosal.
The Centers for Disease Control and Prevention has recommended
the removal of mercury from certain vaccines, and some
pharmaceutical companies have complied.  There has been a steady
increase in autism spectrum disorders which are correlated with
the administration of immunizations containing mercury.  The
disorders not only affect children, but their families in terms
of emotional and financial distress.  The bill will safeguard
children who receive immunizations from the potential side
effects of mercury-based preservatives currently used in
immunizations.

Testifying for the bill were Representative Holand; National
Autism Association; Shelly Hume; Missouri Statewide Parent
Advisory Network; Allan Clark, M.D.; Lujene Clark; Keith Mueller;
August Tonelleri; Donald Bondbank; Fran Norton, R.N.;
Alalia Kraft; Missouri First; and Missouri Coalition for Freedom
in Health Care.

OPPONENTS:  Those who oppose the bill say that federal law
requires numerous testing trials before a drug is approved by the
Food and Drug Administration.  After approval, vaccines used
during immunizations are frequently monitored.  The Immunization
Safety Review Committee of the Institute of Medicine indicated
that the data linking the incidence of autism and mercury-based
immunizations are inconclusive.  More rigorous research is needed
concerning the correlation between mercury-based preservatives
used in vaccines and the incidence of autism in children.  The
bill could have an adverse impact on preventive public health
measures by limiting or eliminating the administration of some
immunizations, thus causing an increase in certain communicable
diseases.

Testifying against the bill were Department of Health and Senior
Services; Pharmaceutical Research Manufacturers of America; Cole
County Health Department; Kansas City Health Department; Missouri
Association of School Nurses; and Missouri Nurses Association.

Joseph Deering, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am