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UPDATE: 6/3/2024 - HB 711 died, it failed to be reported out of the House Health and Welfare Committee before the 2024 session ended on 6/3/2024.
UPDATE: 4/24/2024 - HB 711 was heard in the House Health and Welfare Committee and the committee proposed Amendment #2002 on 4/24/2024. The committee voted to adopt the amendment by a vote of 13-0 and then the committee voted to defer the bill and keep it in committee by a vote of 9-0 rather than passing it on 4/24/2024. View the amendment HERE. This amendment proposes to make the following changes to the bill, summarized as follows:
SECTION 1. that creates new code R.S. 40:1079.4 is amended to change subsection A. (3) definition of "Minor" from "an unemancipated child who is at least fifteen years of age but less than eighteen years of age and who is not the parent of a minor child and does not have full custody of a minor child" to "an unemancipated child who is less than eighteen years of age." NVIC supports this change because it raises the age a child is able to consent to vaccination from fifteen (15) under certain conditions to eighteen (18) for all children, regardless of whether they are the parent of a dependent.
Subsection A. (4) definition of "Vaccination" is amended to include "monoclonal antibody" to the list of products that are considered a vaccine. NVIC is opposed to changing the definition of "Vaccination" to include something that is not a vaccine; monoclonal antibodies are biologics, not vaccines, and should not be classified as such.
Subsection B. (1) is amended to remove a "representative of the minor" from the list of individuals who the healthcare provider must provide the vaccine information statement from the Centers for Disease Control and Prevention to prior to the administration of a vaccine listed in the vaccine injury table.
Subsection B. (2) is amended to remove lines 7 through 18, including most of paragraph (2) and all of paragraphs (3) and (4) that provide information about vaccine safety and risk including, (2) information regarding vaccine manufacturers being exempt from liability for harm to the patient or for the death of the patient when caused by a vaccine, even if the harm or death was caused by the manufacturer's negligence or the defective design of the vaccine; (3) information about a the lack of safety studies for the administration of more than one vaccine in a single visit; and (4) information regarding exemptions and right of conscience provisions that are available to families who choose to opt out of the vaccinations that the school systems and employers require.
In place of the removed text, this amendment adds the following: "Prior to the administration of any vaccine authorized for emergency use to a minor, healthcare providers shall provide the Fact Sheet for Recipients available from the Centers for Disease Control and Prevention to the parent or legal guardian."
NVIC opposes this change because it eliminates crucial information that would become codified in Louisiana Revised Statutes that would assist an individual in understanding the real risks to vaccination and alert them to their right to refuse and claim an exemption. In place of this eliminated information, this amendment adds a requirement for the healthcare provider to give the individual's parent or guardian a CDC Fact Sheet that does not contain the same information that is being deleted by this amendment. The CDC Fact Sheet contains only a fraction of the risks associated with vaccination, does not notify individual of the manufacturers' exemption from liability, and does not address state-specific exemption options.
Subsection C. (1) is changed to C. (1) (a) and C. (1) (b) is added that requires written, informed consent from the parent or legal guardian of a minor seventy-two hours prior to a school-based health center administering a vaccination to a minor. The signed consent form is required to be kept in the student's file for as long as the student is enrolled in the school. NVIC supports this change because it adds an extra layer of protection for a student against unauthorized vaccine administration at school.
Subsection C. (3) is added that authorizes a parent or legal guardian to dissent from providing vaccination information to public and non-public schools in accordance with R.S. 17:170(E). NVIC supports this change because it is required pursuant to existing state statute and notifies the parent or guardian of their right to refuse to provide vaccination information.
Subsections D. (1) and D. (2) are added that (1) authorize a school or parish health unit to accept a written informed consent signed elsewhere by the parent or legal guardian of the minor if the date of the signature is not more than three days prior to the date of vaccination; and (2) defines "school" to include elementary and secondary schools, kindergartens, colleges, universities, proprietary schools, vocational schools, and licensed day care centers, whether public, charter, private, or parochial. NVIC opposes this change because it relaxes the requirement for obtaining written informed consent to include informed consent signed at another location for potentially a different vaccination, formulation, or brand than what is being administered at the school-based health center. This could result in a parent consenting to one vaccination at a doctor's office and then their child being administered a completely different vaccination at the school-based health center.
NVIC OPPOSES the adoption of this amendment because it changes the definition of vaccination to include biologic products that are not truly vaccines; it removes crucial information on vaccine risks, safety studies, and exemptions that would otherwise become codified in state law; and it relaxes the requirement for informed consent prior to school-based health center's administering a vaccination to include written informed consent given at another location. Despite the positive changes contained within this proposed amendment, including raising the age an unemancipated minor is authorized to give consent to vaccination and requiring written informed consent prior to vaccine administration at a school-based health center, NVIC cannot support the proposed changes in this amendment. This language should not be adopted in this bill or in any future bills.
UPDATE: 4/19/2024 - HB 711 is scheduled for a hearing in the House Health and Welfare Committee on Wednesday, 4/24/2024 at 9:30AM in House Committee Room 5. View the Hearing Agenda HERE and the live stream video details HERE. Continue to contact the House Health and Welfare Committee Members until a vote is taken. Sometimes a vote is not taken on the day of the hearing.
Written statements can be filed with the House Health and Welfare Committee via e-mail at [email protected]. View the Guide to House Committee Meetings HERE.
UPDATE: 4/16/2024 - HB 711 was voluntarily deferred without objection in the House Health and Welfare Committee by a vote of 13 Yeas, 0 Nays, on 4/16/2024. View the Committee Report HERE.
UPDATE: 4/12/2024 - HB 711 is scheduled for a hearing in the House Health and Welfare Committee on Tuesday, 4/16/2024 at 9:00AM in House Committee Room 5. View the Hearing Agenda HERE and the live stream video details HERE. Continue to contact the House Health and Welfare Committee Members until a vote is taken. Sometimes a vote is not taken on the day of the hearing.
Written statements can be filed with the House Health and Welfare Committee via e-mail at [email protected]. View the Guide to House Committee Meetings HERE.
UPDATE: 3/11/2024 - HB 711 was referred to the House Health and Welfare Committee on 3/11/2024.
HB 711 was prefiled on 3/1/2024. This bill is authored by Representative Jack "Jay" William Galle, Jr.
HB 711 requires healthcare providers to obtain prior written informed consent from a parent or legal guardian prior to vaccinating a minor. This bill also includes licensing penalties.
HB 711 amends Louisiana Revised Statutes Title 40, related to public health and safety, to add a new section of code to be numbered 40:1079.4 that requires prior written informed consent from a parent or guardian prior to vaccinating a minor and establishes licensing penalties for providers who violate sections of this code. The following subsections are summarized as follows:
Subsection A. provides definitions.
(3) Defines a "minor" as meaning an unemancipated child who is at least fifteen (15) years of age and less than eighteen (18) years of age and who is not the parent of a minor child and does not have full custody of a minor child.
(4) Defines a "vaccination" as meaning any biologic, vaccine, pharmaceutical, drug, gene editing technology, RNA-based product, or DNA-based product introduced into the body to stimulate the body's immune response against a disease or pathogen.
Subsection B. provides legislative findings related to vaccines, informed consent, liability, and vaccine injury summarized as follows:
(1) The National Childhood Vaccine Injury Act of 1986 (US Code 42 §300aa-10) requires a healthcare provider to provide the vaccine information statement (VIS) from the Centers for Disease Control and Prevention (CDC) to the parent or legal guardian of a minor prior to administering a vaccine to a minor listed in the vaccine injury table.
(2) The National Childhood Vaccine Injury Act of 1986 [Amendments] removes liability for vaccine injury from the vaccine manufacturers, even if the harm or death was caused by the manufacturer's negligence or defective design of the vaccine.
(3) There are no safety studies to support administering more than one vaccine in a single visit.
(4) Advises that vaccine exemptions for school systems and employer vaccine requirements are available in the state for individuals who object for reasons of conscience.
Subsection C. requires prior written informed consent from a minor's parent or guardian prior to administration of a vaccine and establishes the right to refuse a vaccine, summarized as follows:
(1) Prohibits a healthcare provider from administering a vaccination to a minor without prior written informed consent in person from the parent, legal guardian, or representative of the minor for the administration of each vaccine.
(2) Establishes the parent or legal guardian's legal authority to decline some or all vaccinations recommended.
Subsection E. prohibits an employee or agent of the state from providing, requesting, or facilitating the vaccination of a minor child who is in the custody of the state.
Subsection F. establishes cause of action for violations of this section, deeming any violations unlawful practice and grounds for complaint to the healthcare provider's licensing authority to suspend, revoke, or refuse the renewal of the healthcare provider's license or any other disciplinary action.
Subsection G. requires the licensing authority to conduct an immediate investigation following any information received about a provider violating this section of code.
NVIC SUPPORTS HB 711 because it provides protections to a minor child from receiving a vaccination without parental consent. Vaccination decisions should be left to the minor's parent or guardian who best understand the child's medical history, family medical history, and any religious or conscientious objections to vaccination. Additionally, a minor may not be fully-informed of the risks and benefits of a vaccine in order to make a fully-informed choice. A minor may be more susceptible to coercion or pressure to vaccinate simply because a healthcare provider recommends a vaccine. This provides protections for minors and education on vaccine injury and risks through legislative findings. NVIC also supports this bill because it provides penalties for a provider who vaccinates a minor without prior informed consent through written documentation by the minor's parent. This adds another layer of protection against unauthorized vaccination of a minor. NVIC supports informed consent prior to vaccination for all individuals, which includes the right to refuse a vaccine for themselves or their minor child. All vaccines are pharmaceutical products that carry a risk of injury or even death.
https://www.legis.la.gov/legis/BillInfo.aspx?i=246562 - text, status, and history of HB 711
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