§ 46:231.4 — Immunization compliance; exceptions

Louisiana § 46:231.4

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§231.4. Immunization compliance; exceptions
NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A. The secretary of the Department of Children and Family Services and the
secretary of the Louisiana Department of Health shall require each recipient of public
assistance of the programs described herein or his parent or guardian to present to the
appropriate local agency issuing the public assistance sufficient evidence of immunity or
immunization against vaccine-preventable diseases according to a schedule promulgated by
rule by the office of public health of the Louisiana Department of Health. Sufficient
evidence that such an immunization program is in progress may be substituted for proof of
immunity or immunization.
NOTE: Subsection A as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A. The secretary of Louisiana Works and the secretary of the Louisiana Department
of Health shall require each recipient or customer of public assistance of the programs
described herein or his parent or guardian to present to the appropriate local agency issuing
the public assistance sufficient evidence of immunity or immunization against vaccine-preventable diseases according to a schedule promulgated by rule by the office of public
health of the Louisiana Department of Health. Sufficient evidence that such an immunization
program is in progress may be substituted for proof of immunity or immunization.
B. Except as provided herein, failure to comply with the provisions of Subsection
A of this Section within a reasonable period of time, as defined by rule, after written
notification of the requirements of this Section shall result in the suspension of public
assistance until compliance is demonstrated.
C. No person shall be required to comply with the provisions of this Section if that
person or his parent or guardian submits a written statement from a physician stating that the
immunization procedure is contraindicated for medical reasons or if the person or his parent
or guardian objects to the procedure on religious grounds.
NOTE: Subsection D eff. until Oct. 1, 2027. See Acts 2025, No. 478.
D. The Department of Children and Family Services and the Louisiana Department
of Health shall promulgate rules and regulations in accordance with the Administrative
Procedure Act to implement the provisions of this Section for programs under the particular
department's jurisdiction. The office of public health shall develop and promulgate by rule
the immunization schedule required herein.
NOTE: Subsection D as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
D. Louisiana Works and the Louisiana Department of Health shall promulgate rules
and regulations in accordance with the Administrative Procedure Act to implement the
provisions of this Section for programs under the particular department's jurisdiction. The
office of public health shall develop and promulgate by rule the immunization schedule
required herein.
E. The Louisiana Department of Health shall apply for any federal waiver necessary
to ensure full federal participation in the implementation of this Section and shall submit a
written report to the Senate and House committees on health and welfare at the time the
waiver is either approved or denied. Failure to receive waiver approval for any one or more
of the public assistance programs shall not preclude the implementation of this Section for
the remaining programs, upon waiver approval, if needed.
F.(1) The following public assistance programs shall be subject to the provisions of
this Section:
(a) Family Independence Temporary Assistance Program (FITAP).
(b) Public assistance with the cost of medical care under the medical assistance
program (Medicaid).
(2) For purposes of this Section, "recipient" means a recipient of public assistance
who is under eighteen years of age and all of a recipient's dependents who are under eighteen
years of age.

Legislative History

Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.