Louisiana 2018 2018 Regular Session

Louisiana House Bill HB176 Engrossed / Bill

                    HLS 18RS-450	ENGROSSED
2018 Regular Session
HOUSE BILL NO. 176
BY REPRESENTATIVE LEGER
STUDENTS:  Requires students who are entering eleventh grade or who are 16 and entering
any grade to provide satisfactory evidence of current immunization against
meningococcal disease as a condition of school entry
1	AN ACT
2To amend and reenact R.S. 17:170.4(A)(1) and (C)(2), relative to immunizations; to require
3 certain students to be immunized against meningococcal disease; to provide for
4 exceptions; to provide relative to rules and regulations; and to provide for related
5 matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 17:170.4(A)(1) and (C)(2) are hereby amended and reenacted to read
8as follows:
9 ยง170.4.  Immunizations of certain persons against meningococcal disease;
10	exceptions
11	A.(1)(a)  Except as provided in Subsection B of this Section, beginning with
12 the 2009-2010 school year and continuing thereafter, a student shall provide
13 satisfactory evidence of current immunization against meningococcal disease in
14 accordance with a directive provided by the state Department of Education and the
15 Louisiana Department of Health that shall be based on the recommendations of the
16 Centers for Disease Control and Prevention as a condition of entry into the sixth
17 grade and as a condition of entry into the eleventh grade at any city, parish, or other
18 local public school or nonpublic school.
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HB NO. 176
1	(b)  Except as provided in Subsection B of this Section, beginning with the
2 2009-2010 school year and continuing thereafter, a student who is eleven years old
3 and is entering a grade other than the sixth grade and a student who is sixteen years
4 old and is entering a grade other than the eleventh grade shall provide satisfactory
5 evidence of current immunization against meningococcal disease in accordance with
6 a directive provided by the state Department of Education and the Louisiana
7 Department of Health that shall be based on the recommendations of the Centers for
8 Disease Control and Prevention as a condition of entry into such grade at any city,
9 parish, or other local public school or nonpublic school.
10	(c)  Except as provided in Subsection B of this Section, beginning with the
11 2009-2010 school year and continuing thereafter, a each student who is eleven years
12 old and each student who is sixteen years old and is participating in an approved
13 home study program pursuant to R.S. 17:236.1 shall provide satisfactory evidence
14 of current immunization against meningococcal disease in accordance with a
15 directive provided by the state Department of Education and the Louisiana
16 Department of Health that shall be based on the recommendations of the Centers for
17 Disease Control and Prevention to the State Board of Elementary and Secondary
18 Education as provided by rule adopted by the board in accordance with the
19 Administrative Procedure Act.
20	*          *          *
21	C.
22	*          *          *
23	(2)  The secretary of the Louisiana Department of Health shall provide such
24 rules, including the implementation schedule, to the state Department of Education
25 by not later than August 1, 2009.  The state Department of Education shall notify
26 each city, parish, and other local school board, the governing authority of each
27 nonpublic school system or school in the case of a school not a part of a school
28 system, and the parent or legal guardian of any student participating in an approved
29 home study program as specified in Subparagraph (A)(1)(c) of this Section of the
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HB NO. 176
1 requirements of this Section and the rules and schedule for their implementation as
2 provided by this Section.
3	*          *          *
4 Section 2.  This Act shall become effective on July 1, 2019.
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)]
HB 176 Engrossed 2018 Regular Session	Leger
Abstract:  Requires current immunization against meningococcal disease by students who
are entering 11th grade or who are age 16 and entering any grade; effective July 1,
2019.
Present law requires:
(1)A student to provide satisfactory evidence of current immunization against
meningococcal disease as a condition of entry into sixth grade.
(2)A student who is 11 and entering a grade other than sixth grade to provide such
evidence as a condition of entry into such grade.
(3)A student who is 11 and participating in an approved home study program to provide
such evidence to the State Bd. of Elementary and Secondary Education (BESE).
Present law excepts from such requirements any person:
(1)Whose parent, tutor, or legal guardian signs a waiver stating that the person shall not
be immunized for religious or other personal reasons.
(2)Whose parent, tutor, or legal guardian has submitted a written statement from a
physician stating that the immunization is contraindicated for medical reasons.
(3)Who is unable to comply due to a shortage in the supply of available vaccinations.
Proposed law retains present law; makes the same requirement a condition of entry into 11th
grade and entry into any grade by a student who is 16; also requires a student who is 16 and
participating in an approved home study program to provide such evidence to BESE.
Proposed law applies present law exceptions to proposed law requirements.  Also provides
that satisfactory evidence of current immunization against this disease provided pursuant to
present law and proposed law shall be in accordance with a directive from the state Dept. of
Education and La. Dept. of Health that is based on recommendations of the Centers for
Disease Control and Prevention.
Present law provides for the following:
(1)Implementation according to LDH rules, including an implementation schedule.
(2)A requirement that LDH provide such rules to the state Dept. of Education (DOE)
and a requirement that DOE notify each school governing authority and the parent
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HB NO. 176
or legal guardian of any student participating in an approved home study program
of present law requirements and the rules and schedule for their implementation.
Proposed law additionally applies such provisions to proposed law.
Effective July 1, 2019.
(Amends R.S. 17:170.4(A)(1) and (C)(2))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
original bill:
1. Specify that satisfactory evidence of current immunization against disease,
instead of being in accordance with recommendations of Centers for Disease
Control and Prevention (CDC), shall be in accordance with a directive from the
state Dept. of Education and La. Dept. of Health that is based on such
recommendations.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.