AB1181: Bill Text

AB1181,4,2 185.983 (1) (intro.) Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.865, 632.87 (2m), (3), (4), and (5), 632.895 (5) and (9) to (14), 632.896, and 632.897 (10) and chs. 609, 630, 635, 645, and 646, but the sponsoring association shall:

AB1181, s. 8 Section 8. 252.04 (12) of the statutes is created to read:

AB1181,4,5 252.04 (12) (a) In this subsection, "patient" means a person to whom a drug is administered.

AB1181,4,9 (b) 1. Except as provided in par. (c) or (e), after the date that is 182 days after the effective date of this paragraph .... [revisor inserts date], no person may administer a vaccine that contains more than 0.5 micrograms of mercury per 0.25 milliliters or per 0.25 grams of vaccine to an individual in this state.

AB1181,4,12 2. Except as provided in par. (c) or (e), after the date that is 2 years after the effective date of this paragraph .... [revisor inserts date], no person may administer a vaccine that contains any mercury to an individual in this state.

AB1181,4,17 (c) Paragraph (b) does not apply to administration of a vaccine if, before the vaccine is administered, the patient, or his or her parent or guardian, signs the consent form under par. (d). A person administering a vaccine under this subsection shall retain the signed consent form, or a copy of the form, in the patient's medical record.

AB1181,4,19 (d) The department shall create and make available a form that contains all of the following statements:

AB1181,4,21 1. The patient, or his or her parent or guardian, has been informed that a vaccine to be administered to the patient contains mercury.

AB1181,4,23 2. The patient, or his or her parent or guardian, has been advised of all of the following:

AB1181,4,24 a. All forms of mercury are dangerous toxins.

AB1181,5,3 b. Exposure to even low levels of mercury may result in irreversible systemic damage to the brain, nervous system, or other organs or systems in humans or animals.

AB1181,5,4 c. Mercury ingestion may cause adverse behavioral or other changes.

AB1181,5,6 3. The patient, or his or her parent or guardian, consents to the administration of the vaccine.

AB1181,5,9 (e) Paragraph (b) does not apply to administration of a vaccine to an individual if the department orders the individual to receive the vaccination under s. 252.041 (1) (a).

AB1181,5,14 (f) The department shall test vaccines that are available in this state to determine the amount of mercury in the vaccines, and shall semiannually post the test results, in micrograms of mercury per milliliter of vaccine, on the department's Web site. The department shall identify the test results by vaccine manufacturer, product name, lot number, and lot expiration date.

AB1181,5,16 (g) A person who knowingly violates par. (b) may be fined not more than $500 or imprisoned for not more than 30 days or both.

AB1181,5,19 (h) A person injured as a result of a violation of par. (b) may bring a civil action for damages. The court may award the person injured as a result of a violation of par. (b) costs and reasonable attorney fees, notwithstanding the limits under s. 814.04 (1).

AB1181, s. 9 Section 9. 632.865 of the statutes is created to read:

AB1181,5,22 632.865 Coverage of low-mercury or mercury-free vaccines. (1) In this section:

AB1181,5,23 (a) "Child" means a person under 14 years of age.

AB1181,5,24 (b) "Health care plan" has the meaning given in s. 628.36 (2) (a) 1.

AB1181,5,25 (c) "Self-insured health plan" has the meaning given in s. 632.85 (1) (c).

AB1181,6,6 (2) A health care plan or a self-insured health plan that provides coverage of immunizations for children may not provide a different level of coverage for an immunization administered to a child, impose different cost-sharing requirements for an immunization administered to a child, or reimburse the cost of an immunization administered to a child at a different rate, on the basis of the amount of mercury contained in the vaccine or other product used for the immunization.

AB1181, s. 10 Section 10. Initial applicability.

AB1181,6,10 (1) The treatment of sections 40.51 (8) and (8m), 66.0137 (4), 111.91 (2) (p), 120.13 (2) (g), 185.981 (4t), 185.983 (1) (intro.), and 632.865 of the statutes first applies to all of the following:

AB1181,6,18 (a) Except as provided in paragraphs (b) and (c ), a health care plan containing provisions that are inconsistent with the treatment of sections 40.51 (8) and (8m), 66.0137 (4), 111.91 (2) (p), 120.13 (2) (g), 185.981 (4t), 185.983 (1) (intro.), and 632.865 of the statutes that is renewed, and a self-insured health plan containing provisions that are inconsistent with the treatment of sections 40.51 (8) and (8m), 66.0137 (4), 111.91 (2) (p), 120.13 (2) (g), 185.981 (4t), 185.983 (1) (intro.), and 632.865 of the statutes that is extended, modified, or renewed, on the effective date of this paragraph.

AB1181,6,23 (b) A health care plan covering employees who are affected by a collective bargaining agreement containing provisions inconsistent with the treatment of sections 40.51 (8) and (8m), 66.0137 (4), 111.91 (2) (p), 120.13 (2) (g), 185.981 (4t), 185.983 (1) (intro.), and 632.865 of the statutes that is issued or renewed on the earlier of the following:

AB1181,6,24 1. The day on which the collective bargaining agreement expires.

AB1181,7,2 2. The day on which the collective bargaining agreement is extended, modified, or renewed.

AB1181,7,7 (c) A self-insured health plan covering employees who are affected by a collective bargaining agreement containing provisions inconsistent with the treatment of sections 40.51 (8) and (8m), 66.0137 (4), 111.91 (2) (p), 120.13 (2) (g), 185.981 (4t), 185.983 (1) (intro.), and 632.865 of the statutes that is established, extended, modified, or renewed on the earlier of the following:

AB1181,7,8 1. The day on which the collective bargaining agreement expires.

AB1181,7,10 2. The day on which the collective bargaining agreement is extended, modified, or renewed.

AB1181,7,11 (End)