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 49 Original 2020 Second Extraordinary Session McCormick
Abstract: Prohibits any requirement for persons to receive an immunization or vaccination for
COVID-19 if there is no FDA-approved vaccine and several conditions have been met.
Proposed law provides that as a condition of enrollment in a school or early learning center,
obtaining employment or any licensing or certification, no person shall be required to receive an
immunization or vaccination for COVID-19, if there is no FDA-approved vaccination available.
Proposed law provides that if a vaccination is available, then no person shall be required to receive
the vaccination unless all of the following conditions are met:
(1) The vaccination is evaluated for any potential risk of harm to cause cancer, fertility
issues, or mutate genes.
(2) The safety of the vaccination has been tested for at least one year on a controlled group
who receives either the actual vaccination or an inert placebo to test its effectiveness.
(3) Studies are conducted to identify any potential injury or disease caused by the
vaccination or when the vaccination is administered with other required or recommended
vaccinations.
(4) The rate of permanent disability or death from receiving the vaccination is less than the
infection rate associated with the virus.
(5) The manufacturer of the vaccine has availed himself for liability for any injury or disease
caused by the vaccination.
Proposed law provides that the La. Dept. of Health shall provide any and all data and information
about the safety and effectiveness of any FDA-approved vaccine on a public website maintained by
the department. Proposed law further provides that the information shall be accessible by all persons
seeking to find out information about the vaccination.
Proposed law provides that any person may submit either a written statement from a physician
stating that the procedure is contraindicated for a medical reason, a written statement objecting due
to religious or philosophical reasons, or if a minor, a written objection from a parent or guardian.
Proposed law provides that no person shall be discriminated against or coerced in any way for refusing to receive an immunization or vaccination for COVID-19.
Proposed law provides that the provisions of proposed law shall supersede any other provision of
law to the contrary.
(Adds R.S. 40:1123.1 and 1123.2)