ENROLLED
2021 Regular Session
HOUSE RESOLUTION NO. 20
BY REPRESENTATIVES EDMONSTON, AMEDEE, BAGLEY, CREWS, ECHOLS,
EDMONDS, EMERSON, FIRMENT, FRIEMAN, GADBERRY, HODGES,
HORTON, MACK, MCCORMICK, CHARLES OWEN, ROMERO,
SCHAMERHORN, SEAB AUGH, TARVER, AND WRIGHT
A RESOLUTION
To authorize and direct each licensed day care center, kindergarten, elementary or secondary
school, college, university, proprietary school, or vocational school that requires a
vaccine for COVID-19 to fully inform each student or parent or legal guardian of a
student that the COVID-19 vaccine is for emergency use only, is experimental, and
has not been fully approved by the Food and Drug Administration and that he or she
has a right to refuse the vaccination for reasons of health, religion, or conscience.
WHEREAS, the House of Representatives of the Legislature of Louisiana finds that
some colleges and universities are considering mandating that their students, faculty, and
staff either receive an Emergency Use Authorization (EUA) experimental COVID-19
vaccine or be tested weekly for the virus even if they do not have symptoms; and
WHEREAS, these vaccines are in experimental clinical trials until the end of 2022
or the beginning of 2023 and have not received full Food and Drug Administration approval;
rather, they are subject to 21 U.S.C. 360bbb-3(e)(1)(A)(ii)(III) which grants individuals the
option to accept or refuse administration of the vaccine; and
WHEREAS, some education institutions are considering use of a COVID-19 digital
application/vaccine passport, which would include the collection of data associated with a
mandated vaccine which can be merged with other personal data, to track those who are
vaccinated and restrict the movement of those who are not vaccinated; and
WHEREAS, such mandates violate individual and civil liberties and the privacy of
medical information that are protected by the Constitution of Louisiana, the U.S.
Constitution, the Privacy Rule promulgated by the Department of Health and Human
Services pursuant to the Health Insurance Portability and Accountability Act, and the Family
Education Rights and Privacy Act; and
Page 1 of 2 HR NO. 20 ENROLLED
WHEREAS, it is the right of every human being to make fully informed medical
decisions without coercion or discrimination; and
WHEREAS, R.S. 17:170(E) provides that students or parents of students entering
school, including licensed day care centers, kindergartens, elementary and secondary
schools, colleges, universities, proprietary schools, and vocational schools, have a right to
refuse a vaccination by simply submitting a written dissent; and
WHEREAS, even in a declared public health emergency, R.S. 29:764(A)(2)(h)
requires that persons be allowed to refuse medical examination or testing, vaccination, or
medical treatment for reasons of health, religion, or conscience; and
WHEREAS, based on Centers for Disease Control and Prevention statistics, the
COVID-19 survival rate for persons aged twenty years old or younger, without treatment,
is 99.997%; the overwhelming majority of this student-aged population, if infected with
COVID-19, would survive without treatment and would not suffer any long-term health
consequences; and
WHEREAS, pharmaceutical companies have a full exemption from product liability
for vaccines under the Public Readiness and Emergency Preparedness Act; it is not clear
whether educational institutions mandating vaccines or tests would be similarly shielded
from major liability.
THEREFORE, BE IT RESOLVED that the House of Representatives of the
Legislature of Louisiana does hereby authorize and direct each licensed day care center,
kindergarten, elementary or secondary school, college, university, proprietary school, or
vocational school that requires a vaccine for COVID-19 to fully inform each student or
parent or legal guardian of a student that the COVID-19 vaccine is for emergency use only
pursuant to an Emergency Use Authorization, is experimental, and has not been fully
approved by the Food and Drug Administration and that he or she has a right to refuse the
vaccination for reasons of health, religion, or conscience.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
Page 2 of 2