Sec. 1. 22 MRSA §809-A is enacted to read:

§809-A.__Immunizations

1.__Mercury 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 8 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, the 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 same bioterrorist incident or public health emergency if the commissioner determines the exemption is necessary and the Governor concurs.

Sec. 2. 22 MRSA §1696-J is enacted to read: