Provides students with sickle cell disease management and treatment plan, opposed expansion of vaccine tracking system removed

State: LA
Bill Number: HB 421
Position: WATCH
Action Required: NONE
Status: ENACTED, signed by Governor Jeff Landry on 6/11/2024; effective 8/1/2024; Act No. 616

Legislation Details:

UPDATE: 6/11/2024 - HB 421 was signed by Governor Jeff Landry on 6/11/2024 and will become effective on 8/1/2024. Act No. 616 

UPDATE: 6/3/2024 - HB 421 was sent to the Governor for executive approval on 6/3/2024.

UPDATE: 5/30/2024 - HB 421 was enrolled on 5/30/2024. The Enrolled Version of HB 421 provides students with sickle cell disease management and treatment plan and no longer contains the provisions that expanded the vaccine tracking system. NVIC does not take a position on the rest of the bill's provisions which are unrelated to vaccines.

UPDATE: 5/29/2024 - HB 421, as amended on the Senate floor, was concurred in the House by a vote of 87 Yeas, 0 Nays, 18 Absent, on 5/29/2024. 

UPDATE: 5/23/2024 - HB 421 is scheduled for concurrence in the House on Tuesday, 5/28/2024 at 1:00PM in the House Chamber. View the House Floor Agenda HEREContact your Representative, ask them to concur with Senate amendments that remove the expansion of the vaccine tracking system. 

UPDATE: 5/20/2024 - HB 421as amended, passed the Senate 3rd Reading by a vote of 36 Yeas, 0 Nays, 3 Absent, on 5/20/2024. It was then sent to the House for concurrence. 

UPDATE: 5/15/2024 - HB 421 is eligible for a Senate floor vote as of 5/15/2024. 

UPDATE: 5/13/2024 - HB 421 as amended in the Senate Health and Welfare Committee was adopted on the Senate floor on 5/13/2024.  

UPDATE: 5/8/2024 - HB 421 was reported with amendments in the Senate Health and Welfare Committee on 5/8/2024. The amendments remove the provisions requiring the inclusion of a sickle cell disease diagnosis on an child's immunization record and establishes provisions providing for a sickle cell disease management and treatment plan for students with sickle cell disease. These amendments necessitate NVIC to change our position from an OPPOSE to a WATCH and a title change to our portal bill post from "Expands vaccine tracking system to also record sickle cell disease diagnoses" to "Provides students with sickle cell disease management and treatment plan, opposed expansion of vaccine tracking system removed," because it completely removes the provisions NVIC opposed in the introduced bill. NVIC does not take a position on the amended bill's provisions which are unrelated to vaccines. 

UPDATE: 5/7/2024 - HB 421 is scheduled for a hearing in the Senate Health and Welfare Committee on Wednesday, 5/8/2024 at 9:30AM in the John J. Hainkel, Jr. Room. View the Hearing Agenda HERE. Continue to contact the Senate Health and Welfare Committee Members until a vote is taken. Sometimes a vote is not taken on the day of the hearing.

UPDATE: 4/9/2024 - HB 421 was referred to the Senate Health and Welfare Committee on 4/9/2024. 

UPDATE: 4/4/2024 - HB 421 passed the House 3rd Reading by a vote of 103 Yeas, 0 Nays on 4/4/2024. 

UPDATE: 4/2/2024 - HB 421 is eligible for a House floor vote as of 4/2/2024. 

UPDATE: 3/27/2024 - HB 421 was reported favorably by the House Health and Welfare Committee on 3/27/2024 by a vote of 15 AYES - 0 NAYS. 

UPDATE: 3/26/2024 - HB 421 is scheduled for a hearing in the House Health and Welfare Committee on Wednesday, 3/27/2024, at 9 AM in committee room #5. View the Hearing Agenda HERE. Watch the hearing video HERE. Continue to contact the House Health and Welfare Committee members until a vote is taken.

UPDATE: 3/11/2024 - HB 421 was referred to the House Health and Welfare Committee on 3/11/2024. 

HB 421 was prefiled in the House on 2/29/2024. This bill is sponsored by Representative Tammy T. Phelps

HB 421 expands the state vaccine tracking system to also record sickle cell disease diagnoses. This vaccine tracking system operates as an opt-out system assuming  consent to tracking unless the individual requests to be removed from the system. While the bill requires consent to record the sickle cell diagnosis, consent to participate in the registry is not required.

HB 421 creates a new definition in R.S. 40:31.12, related to the immunization registry, tracking, and recall system, to be numbered 40:31.12(3)(h) that requires a healthcare provider to include a certification of sickle cell disease diagnosis in the individual's medical record. If the individual is under the age of eighteen, the healthcare provider must obtain the consent of the individual's parent or guardian prior to documenting any medical condition on the individual's vaccine record. 

NVIC OPPOSES HB 421 because it takes a step towards expanding the state-run vaccine tracking system into a state-run health record registry while consent to participate in the registry is automatically assumed and not required of parents. Vaccine registries have been used to track, harass, coerce, and threaten individuals who chose not to take one or more state-mandated or CDC-recommended vaccines. Vaccine registries violate an individual's right to privacy because these records can be accessed by state entities, some-third party entities, and healthcare providers across the state.  These records are collected and tracked often without the individual's knowledge or consent and can be used to the detriment of the person for whom the records are collected. Vaccine tracking in Louisiana system assumes the consent of an individual prior to obtaining their records and including them.  It forces the individual to take extra steps to OPT-OUT of the collection and tracking of their records, but this can not undo the sharing of their information prior to opting out.  Additionally, the act of opting out of tracking through a written request creates a list of individuals who have chosen not to be included, thus negating the benefit and anonymity of having your information kept out of the registry. NVIC opposes government run vaccine tracking systems, but if they are to exist, they must require opt-in written informed consent and they should not be expanded to government surveillance systems on other health conditions.  NVIC does not take a position on contents of the bill not affecting the vaccine tracking system.  

https://www.legis.la.gov/legis/BillInfo.aspx?i=246111 - text, status, and history of HB 421