HLS 18RS-495 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 74
BY REPRESENTATIVE DAVIS
STUDENTS: Requires schools to provide information relative to influenza and
immunization against the influenza virus
1 AN ACT
2To enact R.S. 17:170.5 and 3996(B)(45), relative to immunization information for
3 elementary and secondary school students; to require schools to provide information
4 relative to influenza and immunization against the influenza virus to students'
5 parents; to require the state Department of Education to provide such information to
6 the parents of students enrolled in approved home study programs; to provide for
7 rules and regulations; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 17:170.5 and 3996(B)(45) are hereby enacted to read as follows:
10 §170.5. Immunization information; influenza
11 A.(1) Each public and nonpublic school governing authority shall provide
12 each student's parent or legal guardian with information relative to the risks
13 associated with influenza and the availability, effectiveness, and known
14 contraindications of immunization against the influenza virus. Such information
15 shall include the causes and symptoms of influenza, the means by which influenza
16 is spread, and the places where a parent or legal guardian may obtain additional
17 information and where a student may be immunized against the influenza virus.
18 (2) The state Department of Education shall provide such information to the
19 parents of students enrolled in a home study program approved by the State Board
20 of Elementary and Secondary Education.
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are additions. HLS 18RS-495 ENGROSSED
HB NO. 74
1 B.(1) The Louisiana Department of Health shall develop and provide such
2 information, which shall be updated annually if new information on influenza
3 becomes available, to the state Department of Education. The state Department of
4 Education shall provide such information to the governing authority of each school,
5 which shall provide such information to each student's parent or legal guardian as
6 required by Subsection A of this Section.
7 (2) The Louisiana Department of Health, the state Department of Education,
8 and each school governing authority shall determine respectively the most cost-
9 effective and efficient means of distributing such information, including but not
10 limited to posting on school websites and electronic distribution.
11 C. The Louisiana Department of Health, in consultation with the state
12 Department of Education, shall establish all guidelines and procedures for carrying
13 out the provisions of this Section by rule promulgated in accordance with the
14 Administrative Procedure Act.
15 D. Nothing in this Section shall be construed to require any school governing
16 authority, the state Department of Education, or the Louisiana Department of Health
17 to provide or pay for vaccines against the influenza virus.
18 * * *
19 §3996. Charter schools; exemptions; requirements
20 * * *
21 B. Notwithstanding any state law, rule, or regulation to the contrary and
22 except as may be otherwise specifically provided for in an approved charter, a
23 charter school established and operated in accordance with the provisions of this
24 Chapter and its approved charter and the school's officers and employees shall be
25 exempt from all statutory mandates or other statutory requirements that are
26 applicable to public schools and to public school officers and employees except for
27 the following laws otherwise applicable to public schools with the same grades:
28 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-495 ENGROSSED
HB NO. 74
1 (45) Immunization information, influenza, R.S. 17:170.5.
2 * * *
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 74 Engrossed 2018 Regular Session Davis
Abstract: Requires schools to provide up-to-date information about influenza and
immunization against the influenza virus and the state Dept. of Education to provide
such information to parents of students enrolled in approved home study programs.
Proposed law:
(1)Requires the governing authority of each public school, including charter schools,
and each nonpublic school to provide information about influenza and vaccination
against the influenza virus and requires the state Dept. of Education (DOE) to
provide such information to parents of students enrolled in approved home study
programs.
(2)Requires that this information include the causes, symptoms, and means by which
influenza is spread and the places where parents and guardians may obtain additional
information and vaccinations for their children.
(3)Requires the La. Dept. of Health (LDH) to develop and provide information about
influenza and the vaccination to DOE. LDH shall provide updates annually if new
information on influenza is available. LDH, DOE, and each school governing
authority shall determine the most cost-effective and efficient means of information
distribution, including but not limited to posting on school websites and electronic
distribution.
(4)Requires LDH, in consultation with DOE, to establish rules for carrying out
proposed law.
(5)States that nothing in proposed law requires LDH, DOE, or any school governing
authority to provide or purchase vaccines.
(Adds R.S. 17:170.5 and 3996(B)(45))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
original bill:
1. Expand applicability of proposed law requirements to nonpublic schools.
2. Add requirement that state Dept. of Education provide information to parents of
students enrolled in approved home study programs.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.