SLS 19RS-408 ENGROSSED
2019 Regular Session
SENATE BILL NO. 169
BY SENATOR BARROW
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE. Provides relative to the statewide immunization registry. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 40:31.11, 31.12(2) and (5), the introductory paragraph of 31.13,
3 31.13(5) and (6), 31.14, and 31.16(A) and (B), and to repeal R.S. 40:31.13(3) and
4 31.16(A)(3), relative to the statewide immunization registry; to provide for
5 terminology clarification from day care centers to early learning centers; to provide
6 for statutory naming of the registry as the Louisiana Immunization Network
7 (LINKS); to provide for applicability to clients who are not children; and to provide
8 for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:31.11, 31.12(2) and (5), the introductory paragraph of 31.13,
11 31.13(5) and (6), 31.14, and 31.16(A) and (B) are hereby amended and reenacted to read as
12 follows:
13 §31.11. Purpose
14 The office of public health of the Louisiana Department of Health and parish
15 health units are hereby authorized to establish immunization registries for the
16 purpose of improving the immunization rates of the state's children and young adults
17 in order to prevent the spread of diseases at which the immunizations are directed.
Page 1 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 19RS-408 ENGROSSED
1 Registries established in accordance with this Part shall provide for a method of
2 informing the parent, guardian, or registrant when the registrant is due or is late for
3 a recommended immunization and shall serve as a means for persons and institutions
4 that either provide immunization services or are required to ensure that persons are
5 immunized to receive prompt and accurate immunization information. Such persons
6 and institutions shall include but not be limited to public health units, health care
7 providers, schools, and day care early learning centers.
8 §31.12. Definitions
9 As used in this Part, the following definitions shall apply:
10 * * *
11 (2) "Day care Early learning center" means a facility licensed as a day care
12 an early learning center under the provisions of the Child Care Facility and Child-
13 Placing Agency Act (R.S. 46:1401 et seq.) or licensed as a group child day care
14 home under the provisions of the Child Care Registration Law (R.S. 46:1441.1 et
15 seq.) Early Learning Center Licensing Act, R.S. 17:407.31, et seq.
16 * * *
17 (5) "Immunization tracking and recall record" is a record that includes but
18 is not limited to the client's name, address of the client or parent or guardian of the
19 client, telephone number, provider, and other information needed to send reminder
20 cards to, to place telephone calls to, or to personally contact the client or the parent
21 or the guardian of a client for the purposes of informing the client, parent, or
22 guardian that the client is due for a recommended immunization or is late in
23 receiving a recommended immunization.
24 * * *
25 §31.13. Development of immunization registry and tracking and recall system;
26 standards
27 The office of public health, a public health unit, or both, or their agents or
28 other providers may develop an immunization registry and an associated tracking
29 and recall system. The developer of any system shall consult providers in developing
Page 2 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 19RS-408 ENGROSSED
1 the system to provide for a simple and efficient system of transferring information.
2 The registry and associated tracking system shall be named the Louisiana
3 Immunization Network (LINKS), and shall include but not be limited to the
4 following:
5 * * *
6 (3) A uniform method of retaining general information about clients who
7 have attained twenty-one years of age.
8 * * *
9 (5) Procedures that allow an immunization record of a client to be released
10 to a client or the client's parent, guardian, school, or day care early learning center.
11 (6) A method of notifying the client or parent or guardian of a the client, in
12 writing, when the tracking and recall system indicates that a client is due to receive
13 a scheduled immunization or when the client has missed a scheduled immunization.
14 * * *
15 §31.14. Authorization of release of immunization records
16 A. Notwithstanding any provision of law to the contrary, immunization
17 records for use in an immunization registry shall not be considered privileged
18 communications between a health care provider and patient when such records are
19 used in accordance with the provisions of this Part. The Louisiana Department of
20 Health, public health units and their agents, providers, parents or guardians, schools,
21 and day care early learning centers may obtain information from, or provide
22 information to, the immunization record of a client of any immunization registry
23 without the written consent of a client who has not attained eighteen years of age or
24 of the parent or legal guardian of such a client. Upon a client's attainment of
25 eighteen years of age, information in the registry shall be made available only with
26 the consent of the client unless the requestor shows a public health need for the
27 information.
28 B. A provider, a public health unit, the Louisiana Department of Health, or
29 the agents of any of them, schools, and day care early learning centers shall not be
Page 3 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 19RS-408 ENGROSSED
1 subject to an action or be liable for sharing information from the immunization
2 record or using information from the immunization tracking and recall record for
3 purposes of tracking immunizations of clients and for outreach to clients who have
4 missed immunizations.
5 C. Information in an immunization registry or in the immunization tracking
6 and recall record or derived therefrom is confidential and shall not be disclosed to
7 any person who is not specifically authorized to receive information under this Part.
8 Upon a client's attainment of twenty-one years of age, the client's immunization
9 record and tracking and recall record shall be purged from the registry, except that
10 non-identifying data may be retained for statistical analysis.
11 * * *
12 §31.16. Parental consent; parental responsibility for immunization; exemptions
13 A.(1) Nothing in this Part shall be construed to restrict the registry from
14 providing tracking and recall information to the healthcare provider of a client,
15 parent, or guardian of a minor client that provides the consent for the child to be
16 entered into an immunization registry.
17 (2) General consent for treatment and release of information to other
18 providers or to the office of public health shall be considered parental consent for
19 sharing historical, current, and future immunization information. In addition, each
20 immunization provider shall comply with at least one of the following requirements:
21 (a) Place a poster in the patient registration area notifying patients and
22 parents that the site is participating in the state immunization registry and that
23 childhood immunization data is being shared with the registry.
24 (b) Provide each patient or parent a brochure supplied by the office of public
25 health describing the purposes of the registry and notifying patients and parents that
26 they can prohibit data sharing by notifying the health care provider not to submit
27 their child's immunization information to the registry.
28 (3) In the event of a public health emergency as declared by the state health
29 officer, including a natural disaster, bioterrorist attack, epidemic, or other event
Page 4 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 19RS-408 ENGROSSED
1 affecting the public health, the requirement to obtain consent for placement on a
2 registry shall be waived for mass immunizations performed in response to such
3 declaration.
4 B. The immunization record of a child client shall be purged from the
5 registry at any time that the child's client or client's custodial parent or legal
6 guardian requests, in writing, that the immunization record be purged from the
7 registry.
8 * * *
9 Section 2. R.S. 40:31.13(3) and 31.16(A)(3) are hereby repealed.
10 Section 3. The Louisiana State Law Institute is hereby authorized and directed to
11 properly enumerate the Paragraphs contained in R.S. 40:31.13.
12 Section 4. This Act shall become effective upon signature by the governor or, if not
13 signed by the governor, upon expiration of the time for bills to become law without signature
14 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
15 vetoed by the governor and subsequently approved by the legislature, this Act shall become
16 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 169 Engrossed 2019 Regular Session Barrow
Present law provides for an immunization registry for children and young adults. Proposed
law statutorily names the immunization registry the Louisiana Immunization Network
(LINKS) and makes it applicable to children and adults.
Present law applies to day care centers. Proposed law updates terminology to comply with
the statutory creation of early learning centers in present law.
Present law provides that in the event of a public health emergency as declared by the state
health officer, including a natural disaster, bioterrorist attack, epidemic, or other event
affecting the public health, the requirement to obtain consent for placement on a registry
shall be waived for mass immunizations performed in response to such declaration. Proposed
law repeals present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:31.11, 31.12(2) and (5), 31.13(intro para), 31.13(5) and (6), 31.14, and
31.16(A) and (B); repeals R.S. 40:31.13(3) and 31.16(A)(3))
Page 5 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.