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NY Ban Mercury Legislation

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COMMENT: Lujene says to have your legislation ban ALL HEAVY METALS -- not

have this in NY where it only bans Thimerosol but doesn't ban other forms of

mercury, Thimerosol under other names, or ANY OTHER HEAVY METALS. So if you use

this as template, be certain your Reps and Senators who sponsor, replace the

Thimerosol with ALL HEAVY METALS. --TKF

NY LEGISLATION -- A11263

S T A T E O F N E W Y O R K

__________________________________

11263

I N A S S E M B L Y

May 24, 2004

___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A.

Weisenberg)

-- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to the prohibition

of

the use of thimerosal in vaccines

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The public health law is amended by adding a new section

2111 to read as follows:

S 2111. IMMUNIZATIONS; PROHIBITION ON THE USE OF THIMEROSAL. ANY

IMMUNIZATION OR VACCINE ADMINISTERED TO A PATIENT WITHIN THIS STATE

SHALL NOT CONTAIN THE NEURO-TOXIN COMMONLY KNOWN AS THIMEROSAL.

S 2. This act shall take effect on the one hundred eightieth day after

it shall have become a law, provided that effective immediately the

addition, amendment and/or repeal of any rule or regulation necessary

for the timely implementation of this act on its effective date are

authorized and directed to be made on or before such effective date.

~~~~~~~~~~~~~~~

Summary:

SPONSOR RULES COM Weisenberg

COSPNSR Barra, DiNapoli, McDonough, Millman, Pheffer

MLTSPNSR

Add S2111, Pub Health L

Prohibits the administration of any vaccine or immunization that contains the

substance known as thimerosal.

A11263 Actions:

05/24/2004 referred to health

A11263 Votes:

A11263 Memo:

TITLE OF BILL : An act to amend the public health law, in relation

to the prohibition of the use of thimerosal in vaccines

PURPOSE OR GENERAL IDEA OF BILL : To prohibit the administration of

any vaccine or immunization that contains the substance known as

thimerosal.

SUMMARY OF SPECIFIC PROVISIONS : Section 1 adds new section 211 to

the public health law to prohibit the administration of an

immunization of vaccine containing thimerosal to a patient.

Section 2 sets the effective date.

JUSTIFICATION :

Most children receive 26 doses or more of vaccines before they enter

kindergarten. In 2002, the United States Food and Drug Administration

stated that immunizations were exposing children to unsafe levels of

mercury.

Mercury is an extremely potent neurotoxin, especially to developing

children, yet some vaccines, recommended for use in children as young

as six months, still contain thimerosal, a mercury-based preservative.

Thimerosal plays no medical function; it is merely an additive to keep

down the cost of production. Furthermore, non-thimerosal vaccines,

favored by the American Academy of Pediatrics, the Institute of

Medicine and the United States Public Health Service, exist for all

immunizations in the standard childhood schedule.

A growing body of evidence suggests that the mercury used in

thimerosal may cause autism. Mercury poisoning and autism share more

than 400 symptoms. Autism, once a rare disorder, has become the number

one disabling disease for children. In fifteen years, autism incidence

rates have increased by at least one thousand percent. For example, a

2002 study in the Journal of Pediatric Rehabilitation showed a 2700%

higher incidence rate for autism in children who received the full

course of DTP (diphtheria/tetanus/pertussis) vaccines containing

thimerosal than the children who received thimerosal-free vaccines.

Three states, Iowa, Nebraska and Missouri, have introduced similar

measures banning the use of thimerosal in vaccines given to children

and pregnant women.

Regardless of the controversial link between thimerosal and autism,

New York State has no reason to hazard children to other neurological

damage due to mercury poisoning. Hence, in addition to protecting

children from an avoidable and potential risk of autism, this bill

would protect children from further unnecessary exposure to mercury.

PRIOR LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS : None

EFFECTIVE DATE : One hundred and eighty days after the bill has

become law provided that the addition, amendment, and/or repeal of any

rule or regulation necessary for implementation is authorized and

directed.

~~~~~~~~~~~~~~~~~~~~~~~~

NY Bill:

http://www.assembly.state.ny.us/leg/?bn=A11263 & sh=t

NY Bill Summary:

http://www.assembly.state.ny.us/leg/?bn=A11263

Website with ALL States Thimerosol/Mercury Bills:

http://www.ncsl.org/programs/health/imleg04.htm#thimerosal

Lujene's Website:

www.nomercury.org

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