§17. Immunization records; definitions; disclosure; liability; procedures
A. Definitions
As used in this Section:
(1)"Minor" means a person who is seventeen years old or younger or
who is not legally emancipated.
(2)"Patient" means a natural person who receives health care from a
licensed health care provider under a contract, expressed or implied.
(3)"Private health care provider" means:
(a)A physician, surgeon, licensed registered or licensed practical
nurse, and any employee of a physician or surgeon acting within the course
and scope of employment and who is not providing health care services by or
on behalf of the state.
(b)A resident, intern, or student of, or any person who is otherwise
qualified in a discipline listed in Subparagraph (a) of this Paragraph when the
person is ac
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§17. Immunization records; definitions; disclosure; liability; procedures
A. Definitions
As used in this Section:
(1) "Minor" means a person who is seventeen years old or younger or
who is not legally emancipated.
(2) "Patient" means a natural person who receives health care from a
licensed health care provider under a contract, expressed or implied.
(3) "Private health care provider" means:
(a) A physician, surgeon, licensed registered or licensed practical
nurse, and any employee of a physician or surgeon acting within the course
and scope of employment and who is not providing health care services by or
on behalf of the state.
(b) A resident, intern, or student of, or any person who is otherwise
qualified in a discipline listed in Subparagraph (a) of this Paragraph when the
person is acting within the course and scope of the training or staff
appointment in and under the supervision of the health care providers listed in
Subparagraph (a) of this Paragraph.
(4) "Representative of a patient" means a person who is a parent, tutor,
curator, spouse, trustee, attorney, or other legal agent of the patient and who
is authorized, by and on behalf of the patient, to exercise any of the patient's
rights or privileges.
(5) "State health care provider" means a state health care provider as
defined in R.S. 40:1299.39.
B. Information and records pertaining to the immunization status of
persons against childhood diseases as required by R.S. 17:170 and R.S.
40:4(A)(2), may be disclosed and exchanged with verbal consent of the patient
or his representative and without a patient's, or his representative's, written
release authorizing such disclosure, to any of the following:
(1) State health care provider.
(2) Private health care provider.
(3) Representative of a patient.
(4) A patient who is not a minor.
C. If any person authorized in Subsection B discloses such information
for any purpose other than for administering or receiving vaccinations, such
disclosure shall be considered as an unauthorized release of confidential
information, and such person shall be liable for civil damages.
D. The Louisiana Department of Health shall promulgate rules and
regulations, in accordance with the Administrative Procedure Act, to establish
procedures whereby immunization information may be released from one
health care provider to another.