N.Y. Public Health Law § 2112: Immunizations; prohibition on the use of mercury

§ 2112. Immunizations; prohibition on the use of mercury. 1. Except as

otherwise provided in subdivisions two, three, four and five of this

section, no person under three years of age and no woman who knows she

is pregnant shall be vaccinated with a vaccine that contains more than

0.5 micrograms of mercury per 0.5 milliliter dose.

2. Persons under three years of age may be vaccinated with an

influenza vaccine that contains not more than 0.625 micrograms of

mercury per 0.25 milliliter dose.

3. Women who know they are pregnant may be vaccinated with an

influenza vaccine that contains not more than 1.25 micrograms of mercury

per 0.50 milliliter dose; provided, however, that no provision of this

section shall apply to the administration of influenza vaccine to women

who know they are pregnant until and unless the commissioner makes a

yearly determination that there is an adequate supply of influenza

vaccine that contains not more than 1.25 micrograms of mercury per 0.50

milliliter dose to meet anticipated demand.

4. The commissioner may authorize the use of vaccines containing more

than the mercury levels described in subdivisions one, two and three of

this section when he or she determines it is necessary to prevent or

respond to an outbreak of disease and there are insufficient amounts of

vaccine containing the mercury levels described in subdivision one, two

or three of this section to adequately protect the public health. Such

authorization shall continue until the commissioner determines that the

threat of an outbreak or the outbreak has ended.

5. The commissioner may authorize the use of specific vaccines

containing more than the mercury levels described in subdivisions one,

two and three of this section when he or she determines that a vaccine

with lower mercury levels is not available for distribution in this

state, and the parent of a person under three years of age provides

informed consent to administration of such vaccine to his or her child

or the woman who knows she is pregnant provides informed consent to the

administration of such vaccine.