HLS 20RS-629 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 467
BY REPRESENTATIVE AMEDEE
HEALTH SERVICES: Requires the provision of certain information to patients or parents
of patients prior to administration of an immunization or a vaccine
1 AN ACT
2To amend and reenact R.S. 37:1218(3) and 1218.1(A) and to enact R.S. 37:936, 980,
3 1218(6), 1274.2, and 1360.31.1 and Part XIII-A of Chapter 11 of Title 40 of the
4 Louisiana Revised Statutes of 1950, to be comprised of R.S. 40:2199.11, relative to
5 the administration of immunizations and vaccines; to require that certain healthcare
6 providers and facilities furnish information to patients or parents of patients prior to
7 the administration of an immunization or vaccine; to provide specifications for such
8 information to be furnished to patients or parents of patients; and to provide for
9 related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 37:1218(3) and 1218.1(A) are hereby amended and reenacted and
12R.S. 37:936, 980, 1218(6), 1274.2, and 1360.31.1 are hereby enacted to read as follows:
13 §936. Administration of immunizations and vaccines; requirements
14 Prior to administering an immunization or a vaccine to a patient, a registered
15 nurse shall provide to the patient, or, if the patient is a minor, the parent or guardian
16 of the patient, thorough information in writing, verbally, or electronically concerning
17 the immunization or vaccine that addresses, at minimum, all of the following:
18 (1) The diseases or conditions that the immunization or vaccine is intended
19 to prevent or treat.
20 (2) The effectiveness of the immunization or vaccine.
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1 (3) Any contraindications associated with the immunization or vaccine.
2 (4) The possible side effects of the immunization or vaccine.
3 (5) The ingredients of the immunization or vaccine.
4 (6) Instructions for submitting a report to the Vaccine Adverse Event
5 Reporting System, the cooperative program of the United States Centers for Disease
6 Control and Prevention and the United States Food and Drug Administration for
7 vaccine safety, or its successor program.
8 * * *
9 §980. Administration of immunizations and vaccines; requirements
10 Prior to administering an immunization or a vaccine to a patient, a practical
11 nurse shall provide to the patient, or, if the patient is a minor, the parent or guardian
12 of the patient, thorough information in writing, verbally, or electronically concerning
13 the immunization or vaccine that addresses, at minimum, all of the following:
14 (1) The diseases or conditions that the immunization or vaccine is intended
15 to prevent or treat.
16 (2) The effectiveness of the immunization or vaccine.
17 (3) Any contraindications associated with the immunization or vaccine.
18 (4) The possible side effects of the immunization or vaccine.
19 (5) The ingredients of the immunization or vaccine.
20 (6) Instructions for submitting a report to the Vaccine Adverse Event
21 Reporting System, the cooperative program of the United States Centers for Disease
22 Control and Prevention and the United States Food and Drug Administration for
23 vaccine safety, or its successor program.
24 * * *
25 §1218. Administration of influenza immunization
26 A pharmacist may administer an influenza immunization to any person seven
27 years of age or older without a prescription or medical order contingent upon all of
28 the following provisions:
29 * * *
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HB NO. 467
1 (3) The pharmacist shall report all adverse events he observes or which are
2 reported to him to the Vaccine Adverse Events Event Reporting System (VAERS),
3 the cooperative program of the CDC and the United States Food and Drug
4 Administration for vaccine safety, or its successor program; and further, the
5 pharmacist shall refer the patient with an adverse event to the influenza
6 immunization for appropriate medical care.
7 * * *
8 (6) Prior to administering an influenza immunization to a patient, the
9 pharmacist shall provide to the patient, or, if the patient is a minor, the parent or
10 guardian of the patient, thorough information in writing, verbally, or electronically
11 concerning the immunization that addresses, at minimum, all of the following:
12 (a) The effectiveness of the immunization.
13 (b) Any contraindications associated with the immunization.
14 (c) The possible side effects of the immunization.
15 (d) The ingredients of the immunization.
16 (e) Instructions for submitting a report to the Vaccine Adverse Event
17 Reporting System described in Paragraph (3) of this Section.
18 §1218.1. Administration of immunizations and vaccines other than influenza
19 immunizations
20 A. A pharmacist may administer to an individual age seventeen or older an
21 immunization or a vaccine without a patient-specific prescription or medical order
22 if the immunization or the vaccine is administered in conformance with the most
23 current immunization administration protocol as set forth by the United States
24 Centers for Disease Control and Prevention Advisory Committee on Immunization
25 Practice. At the time that a pharmacist administers an immunization or vaccine under
26 the provisions of this Section, the pharmacist shall also inform the individual that the
27 administration of an immunization or vaccine under this Section is not to be
28 construed as being in lieu of an annual checkup with the individual's primary care
29 or family physician. Additionally, in connection with the administration of
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1 immunizations and vaccines, the pharmacist shall comply with all of the following
2 requirements:
3 (1) The pharmacist shall report each immunization to the Louisiana
4 Department of Health, office of public health's Louisiana Immunization Network for
5 Kids Statewide at the time of the immunization or as soon as reasonably practicable
6 thereafter, as this is the official state vaccination record.
7 (2) The pharmacist shall report all adverse events he observes or which are
8 reported to him to the Vaccine Adverse Events Event Reporting System, the
9 cooperative program of the United States Centers for Disease Control and Prevention
10 and the United States Food and Drug Administration for vaccine safety, or its
11 successor program; and further, the pharmacist shall refer the patient with an adverse
12 event to an immunization for appropriate medical care.
13 (3) The pharmacist shall maintain for at least two years a record of each
14 immunization administered.
15 (4) The pharmacist shall obtain the appropriate credentials to administer
16 immunizations from the board, as administratively defined, prior to administering
17 any such immunization.
18 (5) The pharmacist shall request the name of a patient's primary care
19 provider prior to the administering of any immunization. If the patient identifies
20 such primary care provider to the pharmacist, the pharmacist shall notify the primary
21 care provider, by written or electronic communication, as soon as reasonably
22 possible thereafter that the immunization was administered.
23 (6) Prior to administering an immunization or a vaccine to a patient, the
24 pharmacist shall provide to the patient, or, if the patient is a minor, the parent or
25 guardian of the patient, thorough information in writing, verbally, or electronically
26 concerning the immunization or vaccine that addresses, at minimum, all of the
27 following:
28 (a) The diseases or conditions that the immunization or vaccine is intended
29 to prevent or treat.
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HB NO. 467
1 (b) The effectiveness of the immunization or vaccine.
2 (c) Any contraindications associated with the immunization or vaccine.
3 (d) The possible side effects of the immunization or vaccine.
4 (e) The ingredients of the immunization or vaccine.
5 (f) Instructions for submitting a report to the Vaccine Adverse Event
6 Reporting System described in Paragraph (2) of this Subsection.
7 * * *
8 §1274.2. Administration of immunizations and vaccines; requirements
9 Prior to administering an immunization or a vaccine to a patient, a physician
10 shall provide to the patient, or, if the patient is a minor, the parent or guardian of the
11 patient, thorough information in writing, verbally, or electronically concerning the
12 immunization or vaccine that addresses, at minimum, all of the following:
13 (1) The diseases or conditions that the immunization or vaccine is intended
14 to prevent or treat.
15 (2) The effectiveness of the immunization or vaccine.
16 (3) Any contraindications associated with the immunization or vaccine.
17 (4) The possible side effects of the immunization or vaccine.
18 (5) The ingredients of the immunization or vaccine.
19 (6) Instructions for submitting a report to the Vaccine Adverse Event
20 Reporting System, the cooperative program of the United States Centers for Disease
21 Control and Prevention and the United States Food and Drug Administration for
22 vaccine safety, or its successor program.
23 * * *
24 §1360.31.1. Administration of immunizations and vaccines; requirements
25 Prior to administering an immunization or a vaccine to a patient, a physician
26 assistant shall provide to the patient, or, if the patient is a minor, the parent or
27 guardian of the patient, thorough information in writing, verbally, or electronically
28 concerning the immunization or vaccine that addresses, at minimum, all of the
29 following:
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HB NO. 467
1 (1) The diseases or conditions that the immunization or vaccine is intended
2 to prevent or treat.
3 (2) The effectiveness of the immunization or vaccine.
4 (3) Any contraindications associated with the immunization or vaccine.
5 (4) The possible side effects of the immunization or vaccine.
6 (5) The ingredients of the immunization or vaccine.
7 (6) Instructions for submitting a report to the Vaccine Adverse Event
8 Reporting System, the cooperative program of the United States Centers for Disease
9 Control and Prevention and the United States Food and Drug Administration for
10 vaccine safety, or its successor program.
11 Section 2. Part XIII-A of Chapter 11 of Title 40 of the Louisiana Revised Statutes
12of 1950, comprised of R.S. 40:2199.11, is hereby enacted to read as follows:
13 PART XIII-A. IMMUNIZATIONS AND VACCINES ADMINISTERED
14 AT LICENSED HEALTHCARE FACILITIES
15 §2199.11. Immunizations and vaccines administered at licensed healthcare
16 facilities; requirements
17 A. Each healthcare facility licensed by the Louisiana Department of Health
18 in accordance with the provisions of this Chapter at which immunizations or
19 vaccines are administered shall ensure that prior to the administration of an
20 immunization or a vaccine to a patient, the patient, or, if the patient is a minor, the
21 parent or guardian of the patient, is provided thorough information in writing,
22 verbally, or electronically concerning the immunization or vaccine that addresses,
23 at minimum, all of the following:
24 (1) The diseases or conditions that the immunization or vaccine is intended
25 to prevent or treat.
26 (2) The effectiveness of the immunization or vaccine.
27 (3) Any contraindications associated with the immunization or vaccine.
28 (4) The possible side effects of the immunization or vaccine.
29 (5) The ingredients of the immunization or vaccine.
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1 (6) Instructions for submitting a report to the Vaccine Adverse Event
2 Reporting System, the cooperative program of the United States Centers for Disease
3 Control and Prevention and the United States Food and Drug Administration for
4 vaccine safety, or its successor program.
5 B. The Louisiana Department of Health shall promulgate all such rules in
6 accordance with the Administrative Procedure Act as are necessary to implement the
7 provisions of this Part.
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 467 Original 2020 Regular Session Amedee
Abstract: Requires the provision of information to patients, or parents of patients who are
minors, prior to the administration of an immunization or a vaccine and provides
specifications for such information.
Proposed law requires that prior to administering an immunization or a vaccine to a patient,
the physician, physician assistant, registered nurse, practical nurse, or pharmacist
administering the immunization or vaccine shall provide to the patient, or, if the patient is
a minor, the parent or guardian of the patient, thorough information in writing, verbally, or
electronically that addresses, at minimum, all of the following:
(1)The diseases or conditions that the immunization or vaccine is intended to prevent
or treat.
(2)The effectiveness of the immunization or vaccine.
(3)Any contraindications associated with the immunization or vaccine.
(4)The possible side effects of the immunization or vaccine.
(5)The ingredients of the immunization or vaccine.
(6)Instructions for submitting a report to the federally managed Vaccine Adverse Event
Reporting System.
Proposed law requires all healthcare facilities licensed by the La. Department of Health at
which immunizations or vaccines are administered to ensure that prior to the administration
of an immunization or a vaccine to a patient, the patient, or, if the patient is a minor, the
parent or guardian of the patient, is provided thorough information in writing, verbally, or
electronically concerning the immunization or vaccine that addresses, at minimum, all of the
factors enumerated above.
(Amends R.S. 37:1218(3) and 1218.1(A); Adds R.S. 37:936, 980, 1218(6), 1274.2, and
1360.31.1 and R.S. 40:2199.11)
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