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Regular Session, 2013
HOUSE BILL NO. 451
BY REPRESENTATIVE BARROW AND SENATOR BROOME
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HOSPITALS: Requires hospitals to offer pertussis (whooping cough) vaccinations to
parents of newborns
AN ACT1
To amend and reenact R.S. 40:2022, relative to duties of licensed hospitals; to provide for2
legislative intent relative to the health of newborns; to require hospitals to offer the3
pertussis vaccine to parents of newborns; to provide for exceptions; to require4
provision of certain health care information under specified conditions; to provide5
for construction of provisions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:2022 is hereby amended and reenacted to read as follows: 8
ยง2022. Health care information; pertussis Pertussis; offer of vaccine required;9
exceptions10
A. The legislature hereby finds that it is in the best interest of the children11
born in this state that certain health care information be provided to parents of12
newborns concerning the pertussis disease, and that hospitals offer the pertussis13
vaccine to parents of newborns in every instance practicable. Pertussis (whooping14
cough) is a very contagious disease caused by a type of bacteria called Bordetella15
pertussis and is one of the most commonly occurring vaccine-preventable diseases16
in the United States.17 HLS 13RS-1025 ENGROSSED
HB NO. 451
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B.(1) Except as provided in Subsection C of this Section, on On and after1
January 1, 2012, every 2014, each licensed hospital in the this state of Louisiana2
shall, prior to discharge, provide parents of newborns offer the pertussis vaccine to3
each parent of a newborn infant.4
(2) If a person who is offered the pertussis vaccine as required in Paragraph5
(1) of this Subsection wishes to be vaccinated, then the hospital shall administer the6
vaccine to the person.7
(3)(a) If a person who is offered the pertussis vaccine as required in8
Paragraph (1) of this Subsection declines the offer of the vaccine or indicates intent9
to defer vaccination, then the hospital shall provide to the person educational10
information provided issued by the Department of Health and Hospitals on the11
pertussis disease and the availability of a vaccine to protect against contracting the12
disease.13
(b) The Such information required by this Paragraph shall include, but not14
be limited to, information on the recommendation of the Centers for Disease Control15
and Prevention that parents receive the Tetanus Toxoid, Reduced Diphtheria Toxoid16
and Acellular Pertussis Vaccine Adsorbed (Tdap) vaccination during the postpartum17
period to help protect their newborns from the transmission of pertussis.18
C. A hospital shall not be required to offer the vaccine as provided in19
Subsection A of this Section to any person who has already received the vaccine or20
for whom such vaccination is medically inappropriate.21
D. The Department of Health and Hospitals shall, by January 1, 2012, is22
hereby authorized to develop and disseminate to every each licensed hospital in the23
state information consistent with the provisions of this Section.24
D. Nothing in this Section shall require any hospital or the office of public25
health within the Department of Health and Hospital to provide or pay for any26
vaccination against pertussis.27
E. Nothing in this Section shall be construed to require any of the following:28 HLS 13RS-1025 ENGROSSED
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(1) Administration of the pertussis vaccine, contingent upon its availability,1
by a hospital if the hospital cannot be compensated for administration of the vaccine2
at the normal or prevailing rate which is at least equal to the product cost plus any3
administrative costs for delivering the immunization over and above the4
reimbursement level for inpatient care.5
(2) Provision of the pertussis vaccine to any person or health care provider6
by the Department of Health and Hospitals.7
(3) Financing of pertussis vaccine administration by the Department of8
Health and Hospitals through any program or service of the department other than9
one which may presently cover such vaccination.10
(4) Obligation for payment by a person or his insurer for pertussis11
vaccination.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Barrow HB No. 451
Abstract: Requires hospitals to offer pertussis (whooping cough) vaccinations to parents
of newborns.
Present law requires each hospital in the state to provide parents of newborns educational
information on pertussis (whooping cough) and the availability of a vaccine to protect
against contracting the disease.
Proposed law revises present law to add requirement that each hospital in the state offer the
pertussis vaccine to each parent of a newborn. Proposed law provides that if the person to
whom the vaccine is offered declines to be vaccinated, the hospital shall provide information
on the vaccine to the person in accordance with present law.
Proposed law stipulates that a hospital shall not be required to offer the vaccine, as provided
in proposed law, to any person who has already received the vaccine or for whom such
vaccination is medically inappropriate. HLS 13RS-1025 ENGROSSED
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are additions.
Proposed law provides that nothing in proposed law shall be construed to require any of the
following:
(1)Administration of the pertussis vaccine, contingent upon its availability, by a hospital
if the hospital cannot be compensated for administration of the vaccine at the normal
or prevailing rate which is at least equal to the product cost plus any administrative
costs for delivering the immunization over and above the reimbursement level for
inpatient care.
(2)Provision of the pertussis vaccine to any person or health care provider by the
Department of Health and Hospitals.
(3)Financing of pertussis vaccine administration by the Dept. of Health and Hospitals
through any program or service of the department other than one which may
presently cover such vaccination.
(4)Obligation for payment by a person or his insurer for pertussis vaccination.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2022)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Changed the provision that proposed law shall be not be construed to require
uncompensated administration of the pertussis vaccine by a hospital to a
provision that proposed law shall be not be construed to require the
administration of the pertussis vaccine by a hospital if the hospital cannot be
compensated for administration of the vaccine at the normal or prevailing rate
which is at least equal to the product cost plus any administrative costs for
delivering the immunization over and above the reimbursement level for
inpatient care.