SPONSOR:

Rep. Maier & Rep. Spence & Sen. Peterson

 

Reps. Schooley, Buckworth, Wagner, Hudson, Keeley, Gilligan

 

HOUSE OF REPRESENTATIVES

 

143rd GENERAL ASSEMBLY

 

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, Subchapter I of Title 30 of the Delaware Code by adding thereto a new section to read:

510. Immunizations.

(a)     Immunizations administered in the State to any person may not contain mercury, trace-amounts of mercury, or preservatives containing mercury, including but not limited to Thimerosal.

(b)     An insurer that provides coverage full or partial coverage for immunizations shall only reimburse for immunizations that do not contain mercury, trace-amounts of mercury, or preservatives containing mercury. Reimbursement must be at the same percentage rate as the usual and customary charges which are provided for immunizations.

(c)     If a physician administers an immunization in violation of this Act, and as a result, an insurance company refuses to cover the claim on behalf of the patient or guarantor, then the administering physician shall be responsible for the cost of the immunization and the service cost to administer the immunizations.

(d)     A violation of this section is punishable pursuant to 16 Del. C. 107(a)..

Section 2. This Bill becomes effective either within 180 days of passage or on January 1, 2006, whichever comes first.


SYNOPSIS

This Act requires that all immunizations be free of mercury on account of the potential harmful effects it may have on an individual, especially children under 6-years of age and pregnant women.

Physicians who administer immunizations prohibited by this Act are responsible for any costs associated with such immunization if an insurance company refuses to cover those costs. Additionally, pursuant to 16 Del. C. 107(a), violators of this section shall be fined not less than $100 and not more than $1000, together with costs.