HLS 22RS-472 ENGROSSED
2022 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 3
BY REPRESENTATIVE BAGLEY
VACCINES/VACCINATION: Repeals administrative rules of the La. Department of
Health adding COVID vaccines to the state immunization schedule and requiring
schools to prohibit in-person attendance by certain unvaccinated students
1 A CONCURRENT RESOL UTION
2To repeal the Louisiana Department of Health rule, LAC 51:II.701(A)(7) and (E), which
3 adds COVID vaccines to the state immunization schedule, requires schools to
4 prohibit in-person school attendance by certain students, and imposes on schools
5 record-keeping requirements relating to student vaccination status; and to direct the
6 office of the state register to print the notice of the repeal in the Louisiana
7 Administrative Code.
8 WHEREAS, in September of 2021, the Louisiana Department of Health (LDH) gave
9notice in accordance with R.S. 49:953 of its intention to adopt an administrative rule to add
10COVID vaccines to the state immunization schedule, require schools to prohibit in-person
11school attendance by certain unvaccinated students, and impose upon schools record-keeping
12requirements related to compliance with the rule; and
13 WHEREAS, in its December 6, 2021, legislative oversight hearing concerning this
14proposed rule, the House Committee on Health and Welfare, by a vote of thirteen yeas and
15two nays, determined all of the following:
16 (1) That the proposed rule was not in conformity with the intent and scope of the
17enabling legislation purporting to authorize it.
18 (2) That the proposed rule was not in conformity with, and was contrary to,
19applicable provisions of law and of the Louisiana Constitution.
20 (3) That the proposed rule was not advisable.
21 (4) That the proposed rule was unacceptable; and
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HCR NO. 3
1 WHEREAS, in rejecting the proposed rule, the House Committee on Health and
2Welfare specifically found that by proposing to place upon schools requirements for
3enforcing the rule and for keeping records to document students' vaccination status, the
4proposed rule failed to conform with the intent and scope of state law providing for the
5powers and duties of LDH; and
6 WHEREAS, through witness testimony in its December 6, 2021, oversight hearing,
7the House Committee on Health and Welfare discovered that LDH did not consult with local
8school boards, the State Board of Elementary and Secondary Education, or the Louisiana
9Department of Education in preparing the proposed rule; and
10 WHEREAS, the legislature, the State Board of Elementary and Secondary Education,
11and the Louisiana Department of Education have the exclusive authority to set state policy
12on education and school administration; and
13 WHEREAS, though the LDH-proposed rule imposing a COVID vaccine mandate for
14schools constitutes an unlawful intrusion by the state health agency into policy on school
15administration, the governor forced the rule into effect by exercising the power conferred
16by R.S. 49:968(G) and disapproving the legislative action taken to reject the rule; and
17 WHEREAS, the provisions of R.S. 49:969 authorize the legislature, by concurrent
18resolution, to suspend, amend, or repeal any rule or regulation adopted by a state department,
19agency, board, or commission.
20 THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC
2151:II.701(A)(7) and (E) are hereby repealed in their entirety.
22 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
23office of the state register, the secretary of the Louisiana Department of Health, and the
24governor.
25 BE IT FURTHER RESOLVED that the office of the state register is hereby directed
26to have the amendments to LAC 51:II.701 effected by this Resolution printed and
27incorporated into the Louisiana Administrative Code.
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HCR NO. 3
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 3 Engrossed 2022 Regular Session Bagley
Repeals present administrative rule providing that a child having received the following
types of vaccines is a requirement for his or her entry into school or day care:
Vaccines for severe acute respiratory syndrome – coronavirus 2 (SARS-CoV-2, the
virus which causes Coronavirus Disease 2019, also known as COVID-19), or
variants thereof, to the extent that such vaccines have been fully approved by the
U.S. Food and Drug Administration for the individual's age.
Repeals present administrative rule requiring all of the following:
(1)Each individual entering or attending any school within the state in-person shall
present to such school satisfactory evidence of having received vaccination(s) in
accordance with the dosing schedule, including any booster doses recommended by
the U.S. Centers for Disease Control and Prevention, set forth in the applicable
Vaccine Information Statement for severe acute respiratory syndrome – coronavirus
2 (SARS-CoV-2, the virus which causes COVID-19), or known variants thereof, to
the extent that such vaccines have been fully approved by the U.S. Food and Drug
Administration for the individual's age.
(2)Each school in this state shall prohibit in-person attendance of any individual not
vaccinated as required by present administrative rule unless the individual submits
a written statement from a physician stating that such vaccination is contraindicated
for medical reasons or the individual or his parent or guardian submits a written
dissent.
(3)Each school in this state shall maintain records showing compliance of each
attending individual with the requirements of present administrative rule.
(Repeals LAC 51:II.701(A)(7) and (E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Direct the office of the state register to have the changes to present
administrative rule effected by the instrument printed and incorporated into the
La. Administrative Code.
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