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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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