An Act To Protect Children from the Onset of Autism
Maine Legislature, Session 122, LD 1947
Committee: Health and Human Services
Sponsors: LERMAN, EDMONDS, BURNS, CAMPBELL, GROSE, MILLER, PINGREE, WALCOTT, WEBSTER, BARTLETT
Amends: 22 MRSA §809-A

Legislative Document 
No. 1947 
H.P.1366 
House of Representatives, January 5, 2006 
An Act To Protect Children from the Onset of Autism 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative LERMAN of Augusta. 
Cosponsored by President EDMONDS of Cumberland and 
1J1~ 
/J7.7Il~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BURNS of Berwick, CAMPBELL of Newfield, GROSE of Woolwich, 
MILLER of Somerville, PINGREE of North Haven, WALCOTT of Lewiston, WEBSTER of 
Freeport, Senator: BARTLETT of Cumberland. 
Printt'd on recycled parer 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 22 MRSA §809-A is enacted to read: 
§809-A. 
Immunizations 
1. 
Mercyxy prohibited. 
Except as provided in subsection 2, 
beginning January 1, 2007, a vaccine containing more than a trace 
amount of mercury may not be made available to a medical provider 
in this State for administration to children under 8 years of age 
or to pregnant women. 
For the purposes of this section, "trace 
amount" 
is 
as 
defined 
by 
the 
United States 
Food 
and 
Drug 
Administration. 
2. 
Exemptions. 
Notwithstanding 
subsection 
1, 
the 
commissioner may allow the use of a vaccine prohibited under this 
section if the commissioner 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 
years of age and pregnant women 
from receiving the needed 
vaccine, makes the administration of the vaccine necessary. 
A. 
An exemption under this subsection may not be for more 
than 12 months. 
B. 
Upon issuing an exemption under this subsection, 
t.he 
commissioner and the Governor shall within 48 hours notify 
the Legislature about the exemption and the commissioner's 
findings justifying the exemption's approval. 
C. 
Upon request for an exemption under this subsection, the 
commissioner shall notify parties who have expressed their 
interest to the commissioner in writing that an exemption 
request has been made. 
D. 
Upon issuing an exemption under this subsection, the 
commissioner shall within 7 
days notify parties who have 
expressed their interest to the commissioner in writing of 
the exemption and the commissioner's findings justifying the 
exemption's approval. 
At the end of the effective period of an exemption under this 
subsection, the commissioner may issue another exemption for up 
to 12 months for the sarne bioterrorist incident or public health 
emergency 
if 
the 
commissioner 
determines 
the 
exemption 
is 
necessary and the Governor concurs. 
Sec. 2. 22 MRS A §I696-J is enacted to read: 
Page l-LR2832(1) 
§1696-J, 
Mercu:ry warnings 
The 
Director Qf 
the 
B\.\reau 
of Health shall 
prep~gn 
advisory of 
the public health threat to 
pregnant 
women 
and 
nursing women of mercury in certain fish. 
The advisory must be 
in a 
form suitable for posting in supermarkets in this State. 
BLLihe purpose of this section, 
"supermarket" means 
a 
large 
self-service grocery store selling groceries, meats, fish, dairy 
PHH;J.ucts and household goods. 
The Bureau of Health shall send 
copies of the advisory to all supermarkets in this State for 
required posting in stores. 
SUMMARY 
This bill prohibits the use of trace amounts of mercury, as 
defined by the United States Food and Drug Administration, in any 
vaccine for administration to children 8 years of age and younger 
and to pregnant women. 
It also gives criteria for exemptions if 
the Commissioner of Health and Human Services determines, and the 
Governor concurs, that the vaccinations are necessary due to an 
actual 
or 
potential 
bioterrorist 
incident 
or 
public 
health 
emergency. 
The bill also requires the Department of Health and 
Human Services, Bureau of Health to prepare an advisory poster on 
the dangers to pregnant women and nursing women of mercury in 
certain fish.