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UPDATE: 6/19/2024 - HB 47 was enacted, it was signed by Governor Jeff Landry on 6/19/2024. It will become effective on 8/1/2024. Act No. 675
UPDATE: 6/4/2024 - HB 47 was sent to the Governor on 6/4/2024. Contact Governor Jeff Landry at (225) 342-0991 and ask to SIGN HB 47.
UPDATE: 6/3/2024 - HB 47 was enrolled on 6/3/2024. View the Enrolled Version HERE.
Present law requires each person entering any school (licensed day care centers and elementary, secondary, and postsecondary schools) for the first time to provide proof of immunity or immunizations on the schedule approved by the office of public health, or evidence of an immunization program in progress.
Present law exempts a student seeking to enter any school or facility from this requirement if a written statement is submitted either from a physician stating medical contraindication or a written dissent from a parent or guardian.
HB 47, as enrolled, makes the following changes:
1. Expands the immunization exemption to apply not only to students seeking to enter school but also to students attending school;
2. Expands the immunization exemption to apply to distance learners;
3. Requires that any communication issued to students or their parents or guardians relative to immunization requirements include the text and legal citation of the exemption provision of existing law.
UPDATE: 6/2/2024 - HB 47, as amended by the Conference Committee, was adopted in the full Senate by a vote of 25 Yeas, 10 Nays on 6/2/2024.
UPDATE: 5/31/2024 - HB 47, as amended by the Conference Committee, was adopted in the full House by a vote of 69 Yeas, 27 Nays on 5/31/2024.
UPDATE: 5/31/2024 - HB 47 was reported as amended in the Conference Committee on 5/31/2024. The Conference Committee Report made the following changes:
1. Adopt the Senate Education Committee Amendments No. 3 & No. 4 that remove the proposed language requiring written verification with medical exemptions that the child has been examined by a physician.
NVIC supports Senate Education Committee Amendments No. 3 & No. 4 because no child should have to be examined by a physician in order to claim an exemption to vaccination.
2. Reject the Senate Committee Amendments No. 1, No. 2, No. 5, and No. 6:
Senate Education Committee Amendment No. 1 and No. 2 had proposed technical changes to the sections of code and description of the bill’s provisions listed in the preamble of the bill.
Senate Education Committee Amendment No. 5 had proposed establishing an exception to require any communication relative to the immunization requirements under Section 1. R.S. 17:170(E) issued to persons or their parents or guardians of students who are distant learners to include the text and legal citation.
NVIC supports the rejection of Senate Education Committee Amendment No. 5 because parents should be informed of their rights and responsibilities regarding vaccination under the law.
Senate Education Committee Amendment No. 6 had proposed establishing Section 2. R.S. 40:1125.42 to prohibit any governmental state entity and most businesses from ordering or mandating COVID-19 vaccines or mandating/ordering a person to wear a face covering to prevent the spread of COVID-19, with some exceptions.
NVIC supports the rejection of Senate Education Committee Amendment No. 6 that NVIC opposed on the 5/8/2024 update to this bill post.
3. Adopt the Senate Floor Amendments to delete the proposed technical amendments made by the Legislative Bureau on 5/14/2024.
4. Amend Subsection (1) of R.S. 17:170(E) related to student immunization requirements to expand the immunization exemption to apply to distance learners.
NVIC supports vaccine exemptions applying to all students, including distance learners, because it will clarify that distance learners have the same rights to refuse vaccination as those attending school in person. NVIC is opposed to all vaccine mandates.
The Conference Committee Report necessitates a title change to NVIC's bill post from "Expands vaccine exemptions to students attending school, requires vaccine mandate communication include exemption information", to "Expands vaccine exemptions to students attending school & distance learners, requires vaccine mandate communication include exemption information."
UPDATE: 5/29/2024 - HB 47 was referred to Conference Committee on 5/29/2024. The following House conferees were appointed: Edmonston, Schlegel, and Ventrella. The following Senate conferees were appointed: Edmonds, Jackson-Andrews, and Miguez.
UPDATE: 5/29/2024 - HB 47, as amended on the Senate floor, was rejected in the full House by a vote of 94 Yeas, 0 Nays, 11 Absent, on 5/29/2024.
UPDATE: 5/28/2024 - HB 47, as amended on the Senate floor, passed the full Senate by a vote of 26 Yeas, 10 Nays, on 5/28/2024.
UPDATE: 5/28/2024 - HB 47 was amended twice on the Senate floor on 5/28/2024. View the Senate Floor Amendments HERE.
Senate Floor Amendment No. 1 deletes the Senate Committee Amendments No. 1, No. 2, and No. 6 that were adopted by the Senate on 5/13/2024:
Senate Education Committee Amendment No. 1 and No. 2 had proposed technical changes to the sections of code and description of the bill’s provisions listed in the preamble of the bill.
Senate Education Committee Amendment No. 6 had proposed establishing Section 2. R.S. 40:1125.42 to prohibit any governmental state entity and most businesses from ordering or mandating COVID-19 vaccines or mandating/ordering a person to wear a face covering to prevent the spread of COVID-19, with some exceptions.
NVIC supports Senate Floor Amendment No. 1 because it removes Senate Education Committee Amendment No. 6 that NVIC opposed on the 5/8/2024 update to our bill post.
Senate Floor Amendment No. 2 deletes the technical amendments made by the Legislative Bureau on 5/14/2024.
UPDATE: 5/14/2024 - HB 47 was amended by the Legislative Bureau on 5/14/2024. View the Legislative Bureau Amendments HERE. The amendments make technical changes to refer to the statute listing of RS 40:1131 regarding the “EMS practitioner” definition. These changes do not affect the provisions of the bill.
UPDATE: 5/13/2024 - HB 47, as amended in the Senate Education Committee, was adopted in the Senate on 5/13/2024.
UPDATE: 5/8/2024 - HB 47 was reported with six amendments from the Senate Education Committee on 5/8/2024.
Amendment No. 1 & No. 2 are technical changes to the sections of code and description of the bill’s provisions listed in the preamble of the bill.
Amendment No. 3 & No. 4 remove the language requiring written verification with vaccine exemptions that the child has been examined by a physician.
NVIC supports Amendment No. 3 & No. 4 because no child should have to be examined by a physician in order to claim an exemption to vaccination.
Amendment No. 5 establishes an exception to require any communication relative to the immunization requirements under Section 1. R.S. 17:170(E) issued to persons or their parents or guardians of students who are distant learners to include the text and legal citation.
NVIC is opposed to Amendment No. 5 because parents should be informed of their rights and responsibilities regarding vaccination under the law.
Amendment No. 6 establishes Section 2. R.S. 40:1125.42 to prohibit any governmental state entity and most businesses from ordering or mandating COVID-19 vaccines or mandating/ordering a person to wear a face covering to prevent the spread of COVID-19, with the following exceptions:
a) Hospitals or nursing facilities if the Centers for Medicare and Medicaid Services mandate that patient care employees in hospitals or nursing facilities receive the COVID-19 vaccination;
b) Religious accommodations in accordance with Title VII of the 1964 Civil Rights Act;
c) A physician's office;
d) An EMS practitioner
Governmental entities and large businesses that are found to violate this provision will be fined $50,000 for each violation and pay the reasonable cost of investigation and attorney fees. Fines for small businesses are set at $10,000.
NVIC is opposed to Amendment No. 6. While NVIC supports the prohibition on a governmental state entity from mandating a COVID-19 vaccine, there are too many exceptions to this prohibition. Nobody should have to be forced to get a vaccine, especially one like the COVID-19 vaccine which uses controversial mRNA technology.
Exception a) for CMS hospital or nursing facility COVID-19 vaccine mandates is unnecessary because on May 31, 2023, CMS issued a rule that withdrew the COVID-19 health care staff vaccination requirements.
Exception b)’s religious accommodations in accordance with Title VII of the 1964 Civil Rights Act leaves an out for employers where they don’t have to accept a religious exemption. The U.S. Equal Employment Opportunity Commission issued some technical assistance to provide new information about how Title VII of the Civil Rights Act of 1964 applies when an employee requests a religious exemption. It says that Title VII only requires employers to "consider" requests for religious exemptions. It also says that "Employers that demonstrate “undue hardship” are not required to accommodate an employee’s request for a religious accommodation." Also, there are no personal belief exemptions under Title VII.
Exception c) a physician’s office and exception d) an EMS practitioner should not be included because it discriminates against people in a medical setting where they could still be mandated by the government to take a COVID-19 vaccine. They would not enjoy the benefits of this prohibition on mandates. This is especially troubling because it has been well documented that the COVID-19 vaccine does not guarantee protection from infection or transmission of the SARS-COV-2 virus.
UPDATE: 4/8/2024 - HB 47 was referred to the Senate Education Committee on 4/8/2024.
UPDATE: 4/3/2024 - HB 47 passed the full House as amended on the House floor by a vote of 77 Yeas, 28 Nays, on 4/3/2024. View the Re-engrossed Version HERE.
UPDATE: 4/3/2024 - HB 47 was amended on the House floor by a vote of 51 Yeas, 50 Nays, on 4/3/2024.
The amendment requires written verification included with a vaccine exemption that the child has been examined by a physician. Subsection E. (1) of HB 47 now reads as follows:
E.(1) No person attending or seeking to enter any school or facility enumerated in Subsection A of this Section shall be required to comply with the provisions of this Section, including any additional immunization or proof of immunity requirement adopted pursuant to the provisions of this Section, if the student person or his parent or guardian submits either a written statement from a physician stating that the procedure is contraindicated for medical reasons, or a written dissent from the student or his parent or guardian is presented that includes written verification that the child has been examined by a physician.
NVIC opposes this amendment because no child should have to be examined by a physician in order to claim an exemption to vaccination. This provision burdens families and makes it difficult for families who rely on assistance for health as many physicians refuse to see them. The amendment is discriminatory for families without access to a physician and makes things worse for Louisiana families than before the amendment. This amendment is an arbitrary requirement to increase an unnecessary burden to discourage those seeking an exemption to vaccination for their children as it does not specify a time period for the physician’s exam, such as how close to the time of enrollment, or the frequently of which the exam will be required.
UPDATE: 4/2/2024 - HB 47 is scheduled for a House floor debate on 4/3/2024.
UPDATE: 3/27/2024 - HB 47 was reported favorably in the House Education Committee by a vote of 13 Yeas, 0 Nays, on 3/27/2024.
UPDATE: 3/11/2024 - HB 47 is scheduled for a hearing in the House Education Committee on Wednesday, 3/11/2024 at 9:00AM in Committee Room 1. View the Hearing Agenda HERE. View the livestream video details HERE. Continue to contact the House Education Committee Members until a vote is taken. If you'd like to submit a statement, you may email the House Education Committee at the following address: [email protected].
UPDATE: 3/11/2024 - HB 47 was referred to the House Education Committee on 3/11/2024.
HB 47 was prefiled in the House on 1/30/2024. This bill is sponsored by Representative Kathy Edmonston.
HB 47 requires communication about vaccine requirements to include exemption information. This bill also expands vaccine exemptions to also apply to students attending all schools, including kindergartens, colleges, proprietary or vocational schools, and day care centers.
HB 47 amends R.S. 17:170(E), related to student immunization requirements, to add the requirement that any communication issued to students or to their parents or guardians related to vaccine requirements include information about exemptions from such vaccine requirements that are available to them for students currently attending a school and those seeking to attend a school, summarized as follows:
SECTION 1. of HB 47 amends §170 to include the word "exemption" to the title of the section.
E., renumbered E.(1), Expands the available medical and personal choice vaccine exemption options to a student already attending school, in addition to those seeking to attend school already provided for in state law. This subsection also adds that these exemptions apply to any additional vaccine or testing requirements added to this section in the future.
E.(2) Requires that any communication issued to a student or their parent or guardian related to vaccine requirements of this section must include information about available vaccine exemption options, with legal citation of paragraph (1) of this subsection.
NVIC SUPPORTS HB 47 because it helps to educate students and their parents about the vaccine exemption options that are available to them by state law. Many individuals are misinformed when it comes to school-required vaccination and think that they do not have the option to refuse one or all vaccines required. This educational service will help to increase informed consent to vaccination and decrease coercion to take a vaccine based on the false premise that they are not allowed to refuse. This bill also expands protections for students from the one-size-fits-all vaccine requirements for school attendance in the state of Louisiana for students already attending to those seeking attendance. This language will close any loophole for schools to deny exemption options to students already enrolled. NVIC opposes all vaccine mandates and supports informed consent, which includes the right to refuse without coercion, harassment, or penalty. An improvement to this bill would be to prohibit all vaccine requirements for school attendance in the state.
https://www.legis.la.gov/legis/BillInfo.aspx?i=245567 - text, status, and history of HB 47
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