HLS 22RS-219 ENGROSSED
2022 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 1
BY REPRESENTATIVE IVEY
VACCINES/VACCINATION: Suspends provisions of law authorizing the exclusion of
unimmunized persons from in-person attendance at schools and day care centers
under certain circumstances
1 A CONCURRENT RESOL UTION
2To suspend until sixty days after final adjournment of the 2023 Regular Session of the
3 Legislature of Louisiana the provisions of R.S. 17:170(F), relative to immunizations
4 of persons entering certain educational institutions during an outbreak of a
5 communicable disease.
6 WHEREAS, R.S. 40:5 provides that "the state health officer and the office of public
7health of the Louisiana Department of health shall have exclusive jurisdiction, control, and
8authority ... to isolate or quarantine for the care and control of communicable disease with
9the state" and "to take such action as is necessary to accomplish the subsidence and
10suppression of diseases of all kinds in order to prevent their spread"; and
11 WHEREAS, the control of the spread of communicable diseases within the state can
12be accomplished through the authority granted by the Sanitary Code; R.S. 40:4(A)(13)
13provides that "the state health officer, through the office of public health, shall be expressly
14empowered and authorized to issue emergency rules and orders when necessary and for the
15purposes of controlling nuisances dangerous to the public health and communicable,
16contagious, and infectious diseases, and any other danger to the public life, health, and
17safety"; and
18 WHEREAS, R.S. 17:170(F) provides that "in the event of an outbreak of a vaccine-
19preventable disease at the location of an educational institution or facility ... the
20administrators of that institution or facility are empowered, upon the recommendation of the
Page 1 of 2 HLS 22RS-219 ENGROSSED
HCR NO. 1
1office of public health, to exclude from attendance unimmunized students and clients until
2the appropriate disease incubation period has expired or the unimmunized person presents
3evidence of immunization"; and
4 WHEREAS, it is the intention of the legislature to confine the process and
5procedures for making any determination to exclude unimmunized students from attendance
6during an outbreak of a vaccine preventable disease to the exclusive authority of the state
7health officer to issue emergency rules and orders when necessary to control communicable
8diseases; and
9 WHEREAS, it is not the intention of the legislature to diminish the authority or
10impair the ability of the state health officer who has the exclusive jurisdiction, control, and
11authority to take such action as is necessary to accomplish the subsidence and suppression
12of diseases of all kinds in order to prevent their spread.
13 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby suspends
14the provisions of R.S. 17:170(F), relative to immunizations of persons entering certain
15educational institutions during an outbreak of a communicable disease.
16 BE IT FURTHER RESOLVED that this suspension shall become effective upon
17adoption of this Resolution and shall extend through the sixtieth day after final adjournment
18of the 2023 Regular Session of the Legislature of Louisiana.
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)]
HCR 1 Engrossed 2022 Regular Session Ivey
Suspends (until 60 days after the final adjournment of the 2023 R.S.) the provisions of R.S.
17:170(F), relative to immunizations of persons entering certain educational institutions
during an outbreak of a communicable disease.
(Suspends R.S. 17:170(F))
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