HLS 202ES-230 ENGROSSED
2020 Second Extraordinary Session
HOUSE BILL NO. 82
BY REPRESENTATIVE AMEDEE
STUDENTS: Prohibits a school from sharing a student's personally identifiable information
relative to illness or disease with the Dept. of Health for purposes of the Sanitary
Code or any other purpose without parental consent (Item #42)
1 AN ACT
2To enact R.S. 17:3914(M), relative to student information; to prohibit a school employee
3 from sharing a student's personally identifiable information relative to illness or
4 disease with the Department of Health for any purpose without parental consent; to
5 authorize the sharing of aggregate data relative to certain diseases and conditions;
6 and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 17:3914(M) is hereby enacted to read as follows:
9 ยง3914. Student information; privacy; legislative intent; definitions; prohibitions;
10 parental access; penalties
11 * * *
12 M. An official or employee of a city, parish, or other local public school
13 system:
14 (1) Shall not provide a student's personally identifiable information to the
15 Department of Health or to any employee or official thereof for purposes of the
16 Sanitary Code relative to reportable diseases and conditions or for any other purpose
17 unless the sharing of the student's information has been authorized in writing by the
18 parent or legal guardian of the student or by a student who has reached the age of
19 legal majority.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 202ES-230 ENGROSSED
HB NO. 82
1 (2) May provide to the Department of Health aggregate data pertaining to
2 cases of diseases or conditions in the student population that are classified as
3 reportable pursuant to the Sanitary Code.
4 Section 2. This Act shall become effective upon signature by the governor or, if not
5signed by the governor, upon expiration of the time for bills to become law without signature
6by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
7vetoed by the governor and subsequently approved by the legislature, this Act shall become
8effective on the day following such approval.
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 82 Engrossed 2020 Second Extraordinary Session Amedee
Abstract: Prohibits a school from sharing a student's personally identifiable information
relative to illness or disease with the La. Dept. of Health for any purpose without
parental consent.
Present law requires the state health officer, acting through the office of public health of the
La. Dept. of Health (LDH), to enforce the rules of the state's Sanitary Code. Present
administrative rule as contained in such code requires schools to report to the state health
officer relative to cases of certain reportable diseases and conditions.
Present law prohibits any employee of a public school system from providing a student's
personally identifiable information to any person or public or private entity. Provides
exceptions to this prohibition and authorizes sharing aggregate data under certain
circumstances. Defines "personally identifiable information" and "aggregate data" as
follows:
(1) "Personally identifiable information" means information about an individual that can
be used on its own or with other information to identify, contact, or locate a single
individual, including but not limited to the following:
(a) Any information that can be used to distinguish or trace an individual's
identity such as full name, social security number, date and place of birth,
mother's maiden name, or biometric records.
(b) Any other information that is linked or linkable to an individual such as
medical, educational, financial, and employment information.
(c) Two or more pieces of information that separately or when linked together
can be used to reasonably ascertain the identity of the person.
(2) "Aggregate data" means statistics and other information that relate to broad classes,
groups, or categories from which it is not possible to distinguish the identities of
individuals.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 202ES-230 ENGROSSED
HB NO. 82
Proposed law retains present law and also:
(1)Explicitly prohibits a school employee from providing a student's personally
identifiable information to LDH for the purposes of the Sanitary Code with respect
to reportable diseases and conditions or for any other purpose unless authorized in
writing by the student's parent or legal guardian.
(2) Authorizes providing to LDH aggregate data pertaining to cases of diseases or
conditions in the student population classified as reportable pursuant to the Sanitary
Code.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:3914(M))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.