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REVISED STATUTES
TITLE 17. EDUCATION
CHAPTER 1. GENERAL SCHOOL LAW
PART III. PUBLIC SCHOOLS AND SCHOOL CHILDREN
SUBPART A. GENERAL PROVISIONS
La. R.S. 17:170 (2006)
§ 170 Immunization of persons entering
schools, kindergartens, colleges, proprietary or vocational schools,
and day care centers for the first time
A.
(1) All persons entering any school within
the state for the first time, including elementary and secondary
schools, kindergartens, colleges, universities, proprietary schools,
vocational schools, and licensed day care centers, at the time
of registration or entry shall present satisfactory evidence of
immunity to or immunization against vaccine-preventable diseases
according to a schedule approved by the office of public health,
Department of Health and Hospitals, or shall present evidence
of an immunization program in progress.
(2) The schedule shall include but not be limited to measles,
mumps, rubella, diphtheria, tetanus, whooping cough, poliomyelitis,
and haemophilus influenzae Type B invasive infections.
(3) The schedule may provide specific requirements based on age,
grade in school, or type of school. At its own discretion and
with the approval of the office of public health, an educational
institution or licensed day care center may require immunizations
or proof of immunity more extensive than required by the schedule
approved by the office of public health.
B. A person transferring from another school
system in or out of the state shall submit either a certificate
of immunization or a letter from his personal physician or a public
health clinic indicating immunizations against the diseases in the
schedule approved by the office of public health in accordance with
Subsection A of this Section having been performed, or a statement
that such immunizations are in progress.
C. If booster immunizations for the diseases enumerated in the schedule
approved by the office of public health are advised by that office,
such booster immunizations shall be administered before the person
enters a school system within the state.
D. Chief administrators of all elementary and secondary schools,
kindergartens, colleges, universities, proprietary schools, vocational
schools, and licensed day care centers within this state shall be
responsible for checking students' records to see that the provisions
of this Section are enforced.
E. No person seeking to enter any school or facility enumerated
in Subsection A of this Section shall be required to comply with
the provisions of this Section if the student or his parent or guardian
submits either a written statement from a physician stating that
the procedure is contraindicated for medical reasons, or a written
dissent from the student or his parent or guardian is presented.
F. In the event of an outbreak of a vaccine-preventable disease
at the location of an educational institution or facility enumerated
in Subsection A of this Section, the administrators of that institution
or facility are empowered, upon the recommendation of the office
of public health, to exclude from attendance un-immunized students
and clients until the appropriate disease incubation period has
expired or the un-immunized person presents evidence of immunization.
§170.1. Immunizations of persons
registering for courses at postsecondary education institutions
requirements; exceptions
A.
(1) Except as provided in Subsection C of this
Section, for the Fall 2006 semester, quarter, or comparable academic
period, a person shall provide satisfactory evidence of current
immunization against meningococcal disease as a condition of registration
for courses at a public or nonpublic postsecondary education institution.
(2) Except as provided in Subsection C of this Section, effective
for the Spring 2007 semester, quarter, or comparable academic
period and thereafter, a person entering a public or nonpublic
postsecondary education institution for the first time shall provide
satisfactory evidence of current immunization against meningococcal
disease as a condition of his initial registration for courses
at such institution.
(3) Except as provided in Subsection C of this Section, effective
for the Spring 2007 semester, quarter, or comparable academic
period and thereafter, a person returning to a public or nonpublic
postsecondary education institution who was not registered for
courses at such institution during the Fall 2006 semester, quarter,
or comparable academic period and therefore was not subject to
the requirement of Paragraph (1) of this Subsection shall provide
satisfactory evidence of current immunization against meningococcal
disease as a condition of his initial registration for courses
upon returning to such institution.
B. Every public and nonpublic postsecondary education
institution shall provide detailed information on the risks associated
with meningococcal disease and the availability, effectiveness,
and known contraindications of any required or recommended vaccine
against meningococcal disease to each person who has been admitted
to such institution or to the person's parent, tutor, or legal guardian
if the person is a minor.
C. The provisions of Subsection A of this Section
shall not apply to the following persons:
(1) Any person who is eighteen years of age
or older and who signs a waiver provided by the postsecondary
education institution stating that the person has received and
reviewed the information provided pursuant to Subsection B of
this Section and has chosen not to be vaccinated against meningococcal
disease for religious or other personal reasons.
(2) Any person who is a minor and whose parent, tutor, or legal
guardian signs a waiver stating that the person has received and
reviewed the information provided pursuant to Subsection B of
this Section and has chosen for the student not to be vaccinated
against meningococcal disease for religious or other personal
reasons.
(3) Any person who has submitted a written statement from a physician
stating that the procedure is contraindicated for medical reasons
or, if a minor, any person whose parent, tutor, or legal guardian
has submitted such a statement.
(4) Any person whose course registration is limited to correspondence
courses, on-line courses, or any other courses that do not require
meeting physically on campus at the postsecondary education institution
for any reason or at any time. If such person subsequently registers
for courses that meet physically on campus, such person shall
be required to provide satisfactory evidence of current immunization
against meningococcal disease as a condition of registration for
such courses at such institution pursuant to Subsection A of this
Section.
(5) Any person who is unable to comply with the provisions of
Subsection A of this Section due to a shortage in the supply of
available vaccinations against meningococcal disease.
D. Nothing in this Section shall be construed
to require any public or nonpublic postsecondary education institution
to provide or pay for vaccinations against meningococcal disease.
E. No person shall have a cause of action for
damages for injury, loss, or death against the state or any agency,
official, or employee thereof or against any postsecondary education
institution, its governing authority, or any official or employee
thereof for failure to provide the information required by Subsection
B of this Section or for any act or omission in
complying with the provisions of this Section.
F.
(1) The provisions of this Section shall be
implemented according to rules promulgated by the secretary of
the Department of Health and Hospitals including an implementation
schedule which shall be based on ensuring a sufficient availability
of the required vaccine.
(2) The secretary shall establish a priority of cohorts of students
who shall be required to be vaccinated in order to minimize the
possibility of an outbreak of meningococcal disease. Such priority
shall be established in consultation with the Board of Regents.
(3) The first priority cohorts shall be first-time freshmen and
students living in on-campus residential facilities. Such students
shall be required to present satisfactory evidence of current
vaccination beginning with registration for the Fall 2006 semester,
quarter, or comparable academic period as provided in this Section
unless the secretary determines that an insufficient supply of
vaccine is available. The time by which immunization shall be
required for these students in the event of such an insufficient
supply and for other cohorts of students to present such evidence
to register for classes shall be provided in such schedule.
(4) The secretary of the Department of Health and Hospitals shall
provide such rules, including the implementation schedule, to
the Board of Regents by not later than August 1, 2006. The Board
of Regents shall notify each postsecondary management board and,
through such management boards, the chief executive officer of
each postsecondary education institution of the requirements of
this Section and the rules and schedule for their implementation
as provided by this Section.
LOUISIANA REVISED
STATUTES
TITLE 40. PUBLIC HEALTH AND SAFETY
CHAPTER 1. DIVISION OF HEALTH AND HEALTH OFFICERS
PART IV. IMMUNIZATION REGISTRY
La. R.S. 40:31.11 (2006)
§ 31.11 Purpose
The office of public health of the Department
of Health and Hospitals and parish health units are hereby authorized
to establish immunization registries for the purpose of improving
the immunization rates of the state's children and young adults
in order to prevent the spread of diseases at which the immunizations
are directed. Registries established in accordance with this Part
shall provide for a method of informing the parent, guardian, or
registrant when the registrant is due or is late for a recommended
immunization and shall serve as a means for persons and institutions
that either provide immunization services or are required to ensure
that persons are immunized to receive prompt and accurate immunization
information. Such persons and institutions shall include but not
be limited to public health units, health care providers, schools,
and day care centers.
La. R.S. 40:31.16 (2006)
§ 31.16 Parental
consent; parental responsibility for immunization; exemptions
A.
(1) Nothing in this Part shall be construed
to restrict the registry from providing tracking and recall information
to the parent or guardian that provides the consent for the child
to be entered into an immunization registry.
(2) General consent for treatment and release of information to
other providers or to the office of public health shall be considered
parental consent for sharing historical, current, and future immunization
information. In addition, each immunization provider shall comply
with at least one of the following requirements:
(a) Place a poster in the patient registration
area notifying parents that the site is participating in the
state immunization registry and that childhood data is being
shared with the registry.
(b) Provide each parent a brochure supplied by the office of
public health describing the purposes of the registry and notifying
parents that they can prohibit data sharing by notifying the
health care provider not to submit their child's immunization
information.
(3) In the event of a public health emergency
as declared by the state health officer, including a natural disaster,
bioterrorist attack, epidemic, or other event affecting the public
health, the requirement to obtain consent for placement on a registry
shall be waived for mass immunizations performed in response to
such declaration.
B. The immunization record of a child shall
be purged from the registry at any time that the child's custodial
parent or legal guardian requests, in writing, that the immunization
record be purged from the registry.
C. Nothing in this Part shall be construed to mitigate the responsibility
of a parent or guardian to have a child of that parent or guardian
properly immunized.
D. Nothing in this Part shall be construed to require immunization
or tracking of any child otherwise exempt from immunization requirements
for medical or religious reasons.
TITLE 51 PUBLIC HEALTH-SANITARY CODE
PART II THE CONTROL OF DISEASES
CHAPTER 7 PUBLIC HEALTH IMMUNIZATION REQUIREMENTS
LAC 51:II.701 (2006)
§ 701. Immunization Schedule
A. Appropriate immunizations for age for regulatory
purposes shall be determined using the current immunization schedule
from the Advisory Committee for Immunization Practice (ACIP) of
the United States Public Health Service. Compliance will be based
on the individual having received an appropriate number of immunizations
for his/her age of the following types:
1. vaccines which contain tetanus and diphtheria
toxoids, including DTP, DtaP, DT, or Td or combinations which
include these components;
2. polio vaccine, including OPV, eIPV, IPV, or combinations which
include these components;
3. vaccines which contain measles antigen, including MMR and combinations
which include these components.
B. A two-month period will be allowed from the
time the immunization is due until it is considered overdue. Medical,
religious, and philosophic exemptions will be allowed for compliance
with regulations concerning day care attendees and school enterers.
Only medical and religious exemptions will be allowed for compliance
with regulations concerning public assistance recipients. A copy
of the current Office of Public Health immunization schedule can
be obtained by writing to the Immunization Program, Office of Public
Health, 4747 Earhart Boulevard, Suite 107, New Orleans, Louisiana
70125 or by telephone (504) 483-1905 or toll free 1-800-251-2229.
C. [Formerly paragraph 2:025-1] Any child 18
years or under, admitted to any day care center or residential facility
shall have verification that the child has had all appropriate immunizations
for age of the child according to the Office of Public Health schedule
unless presenting a written statement from a physician stating that
the procedure is contraindicated for medical reasons, or a written
dissent from parents. The operator of any day care center shall
report to the state health officer through the health unit of the
parish or municipality where such day care center is located any
case or suspected case of reportable disease. Health records, including
immunization records, shall be made available during normal operating
hours for inspection when requested by the state health officer.
When an outbreak of a communicable disease occurs in a day care
center or residential facility, the operator of said day care center
or residential facility shall comply with outbreak control procedures
as directed by the state health officer.
D. [Formerly paragraph 2:025-2] On or before
October 1 of each year, the operator of each day care center, nursery
school, or residential facility enrolling or housing any child 18
years or under, shall submit a preliminary immunization status report
of all children enrolled or housed as of that date. Forms for submittal
shall be provided by the state health officer, and shall include
identifying information for each child, and for each dose of vaccine
received by the child since birth. Any child exempt from the immunization
requirement shall also be identified, and the reason for exemption
given on the form. After review of the form(s) by the state health
officer or his or her designee, the day care center, nursery school,
or residential facility operator will notify, on or before December
31 of each year, the parent or guardian of all enrolled or housed
children, who are not compliant, with the immunization requirement
of §§ 701.A and 701.C of this Part.
AUTHORITY NOTE:
Promulgated in accordance with the provisions of R.S. 40:4(A)(2)
and R.S. 40:5. Also see R.S. 17:170, R.S. 22:215.14, R.S. 40:31.15
and R.S. 44:17. |
