Requires blood donors to disclose if received COVID-19 or mRNA vaccine, blood to be clearly labeled, right to request non COVID-19 vaccinated blood

State: LA
Bill Number: HB 822
Position: SUPPORT
Action Required: NONE
Status: Died, failed to be reported out of House Health & Welfare Committee before 2024 session ended on 6/3/2024

Legislation Details:

UPDATE: 6/3/2024 - HB 822 died, it failed to be reported out of the House Health and Welfare Committee before the 2024 session ended on 6/3/2024. 

UPDATE: 4/16/2024 - HB 822 was removed from the hearing agenda for the House Health and Welfare Committee hearing on Tuesday, 4/16/2024, at 9:00AM in House Committee Room 5. View the updated hearing agenda HERE. Continue to contact House Health and Welfare Committee Members until a vote is taken. 

UPDATE: 4/12/2024 - HB 822 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: 4/3/2024 - HB 822 was referred to the House Health and Welfare Committee on 4/3/2024.

HB 822 was introduced in the House on 4/2/2024. This bill is sponsored by State Representative Peter F. Egan, Sr

HB 822 requires blood donors to disclose if they received a COVID-19 or mRNA vaccine. This bill also requires all blood to be clearly labeled if the donor did receive a COVID-19 or other mRNA vaccine and establishes the right to request non COVID-19 vaccinated blood for an individual receiving blood in a nonemergency situation. 

HB 822 amends Louisiana Revised Statutes Title 40, related to public health and safety, to add a new section to be numbered R.S. 40:643. This new section is summarized as follows:

§643 Requires the disclosure of mRNA vaccinations, including COVID-19 vaccine, for blood donations; requires labeling of blood containing mRNA vaccinated blood; and establishes the right of an individual to request nonvaccinated blood when receiving a transfusion in a nonemergency situation. 

A. Requires any person collecting human blood for donations for the purposes of human blood transfusion to require a blood donor to disclose whether they have received a COVID-19 vaccine or any other messenger ribonucleic acid (mRNA) vaccine during their lifetime. 

B. Requires the individual collecting blood from a donor to label the donor blood container from an individual who received a COVID-19 or other mRNA vaccine in their lifetime as containing COVID-19 or mRNA vaccinated blood. 

C. Establishes an individual's right to request blood based on whether the blood originated from a person who has received a COVID-19 or other mRNA vaccine, if the requested blood is available and if the situation is not emergent. 

If passed, HB 822 will become effective on September 1, 2024. 

NVIC SUPPORTS HB 822 because it protects an individual's right to informed consent when receiving a blood transfusion by identifying whether or not the donated blood originated from a COVID-19 or mRNA vaccinated donor and allows the receiver to request blood from an unvaccinated donor if they so choose. Without labeling donated blood containing mRNA-related components and allowing a person to refuse that blood, a person is unable to make an informed decision when receiving a blood transfusion. Florida's Surgeon General Joseph Ladapo made a call to halt the use of mRNA COVID-19 vaccines due to the FDA's inability to provide evidence that there is no harmful DNA contamination in mRNA-based vaccines in January 2024. There is insufficient evidence to support the safety of mRNA-based vaccines for humans. An improvement would be to allow an individual to request blood based on COVID-19 or mRNA vaccination status even during an emergency situation. NVIC supports informed consent, which includes the right to refuse taking a vaccine or vaccine byproduct. All vaccines are pharmaceutical products that carry a risk of injury or even death. 

https://www.legis.la.gov/legis/BillInfo.aspx?i=246971 - text, status, and history of HB 822