§ 17:170.1 — Immunizations of persons registering for courses at postsecondary education

Louisiana § 17:170.1

• Jurisdiction: Louisiana
• Title 17: Credit Union Law

Text

§170.1. Immunizations of persons registering for courses at postsecondary education
institutions requirements; exceptions; electronic transmission of immunization
compliance reports
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 Louisiana Department of Health 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 Louisiana Department of Health 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.
G.(1) Chief administrators of all postsecondary education institutions whether public
or nonpublic shall:
(a) Be responsible for checking students' records to see that the provisions of this
Section are enforced.
(b) Electronically transmit immunization compliance reports to the Louisiana
Department of Health, office of public health, when the institution operates an existing
student-specific electronic data system, that, as of June 1, 2008, collects detailed information
regarding vaccines and immunization dates electronically.
(2) The provisions of this Section which relate to the electronic transmission of data
shall be implemented according to rules and regulations promulgated by the Louisiana
Department of Health in accordance with the Administrative Procedure Act.
NOTE: See Acts 2006, No. 251, §2, and Acts 2006, No. 711, §2, relative to
persons who register before effective date of the Acts.
NOTE: See Acts 2006, No. 711, §3, relative to the La. Law Institute
incorporating Acts 2006, No. 711 with Acts 2006, No. 251.

Legislative History

Acts 2006, No. 251, §1, eff. June 8, 2006; Acts 2006, No. 711, §1, eff. June 29, 2006; Acts 2008, No. 573, §1.