Amendment vs bill House Committee Amendment, #3832, H&W, Draft vs Engrossed

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HLS 26RS-716 ENGROSSED Regular Session HOUSE BILL NO.
HCAHB1041 4465 3832 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed byHouse Committee on Health and Welfare to Original House Bill No.
1041 BY REPRESENTATIVES GALLE, EDMONSTON, AND OWEN HEALTH/MEDICAL TREATMENT:
1041 by Representative Galle AMENDMENT NO.
Prohibits certain entities from prohibiting access based on a person's medical intervention status AN ACT To enactPart IX of Chapter 5-G of Title 40 of the Louisiana RevisedStatutes of1950,to be comprisedofR.S.
1 On page 1, line 3, after "1300.86," delete "and to repeal R.S.
40:1300.81through1300.86,relativetomedicalinterventions;to provide for a short title;
17:170(F)," AMENDMENT NO.
to provide for legislative intent;
2 On page 1, line 7, delete "to repeal requirements relative to" AMENDMENT NO.
to provide definitions;
3 On page 1, line 8, delete "immunization and school attendance;" AMENDMENT NO.
to prohibit conditioning access to certain business and governmental entities based on medical intervention status;
4 On page 4, between lines 2 and 3, insert the following:
to provide for exceptions;
"I.
to provide for enforcement;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
Part IX of Chapter 5-G of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S.
40:1300.81 through 1300.86, is herebyenacted to read as follows:
PART IX.
LOUISIANA MEDICAL FREEDOM ACT §1300.81.
Short title This Part shall be known and may be cited as the "Louisiana Medical Freedom Act".
§1300.82.
Purpose The purpose of this Part is to protect the right of individuals to make autonomous decisions regarding medical interventions without discrimination, coercion, or exclusion by public entities.
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HLS 26RS-716 ENGROSSED HB NO.
1041 §1300.83.
Definitions As used in this Section, the following terms have the meanings ascribed to them:
(1) "Business entity"meansanyindividualorgroupengagedinanyactivity, profession, or enterprise for gain, benefit, or livelihood, whether for-profit or nonprofit, including self-employed individuals, corporations, partnerships, limited liabilitycompanies,trusts,oranyentityregistered,licensed,orauthorizedtooperate in this state.
(2) "Government entity" means any state, parish, municipal, or local governmentoranypoliticalsubdivision,includingbutnotlimitedtoanydepartment, agency, authority, commission, board, council, committee, office, task force, working group, or other body established by or in accordance with the authority of the laws of such entity.
(3) "Medical intervention" means a medical procedure, treatment, device, drug, injection, medication, or medical action taken to monitor, diagnose, prevent, treat,orcureadiseaseoralterthe health or biological function of aperson.
Medical interventions include but are not limited to vaccines, biologics, swabs, and tests, including genetic and genomic testing, pills, capsules, creams, sprays, liquids, injections, chips, devices, and monitors.
(4) "School" meansanypublic,private, or parochialeducational institution, includingpreschoolsanddaycares, schools,andpostsecondaryinstitutionsincluding trade schools, colleges, and universities.
§1300.84.
Prohibition of medical mandates A.
A business entity shall not deny, restrict, or otherwise penalize any individual’s access to services, products, venues, education, training, trade, or transportation based on the individual’s refusal of a medical intervention.
B.
A business entity shall not require a medical intervention as a condition of employment.
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HLS 26RS-716 ENGROSSED HB NO.
1041 C.
Aticketissuershall not discriminateagainst ordenyaccessto anyperson at an event based on his status with respect to anymedical intervention.
D.(1) A school, daycare, or institution of learning shall not mandate a medical intervention for any person to attend, enter campus or buildings, or be employed,ortoparticipateinanyextracurricularactivities,includingbutnotlimited to clubs, performances, arts, or athletics.
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(2) Aschool,daycare,orinstitutionoflearningcomplieswiththeprovisions of this Part if the school, daycare, or institution of learning complies with the immunization requirements of R.S.
17:170.
No additional medical intervention requirement shall be imposed in excess of the requirements of R.S.
17:170.
E.
A government entity or official shall not require a medical intervention for any of the following:
(1) Access to government services.
(2) Use of public buildings, facilities, infrastructure, or transportation.
(3) Employment by government entities.
F.
An individual shall not receive differential compensation, benefits, or treatment based on their refusal of a medical intervention.
However, an employer may permit an employee to take time off, at his discretion, to voluntarily obtain medical interventions.
G.
Any requirements for medical interventions which are allowed, in accordance with this Part, shall remain subject to any applicable laws or legal precedentsprovidingfororprotectingexemptionsandreasonableaccommodations.
H.
Personal protective equipment may be required as part of occupational safety standards, if such requirements are consistent with adopted federal and state workplace and occupational safety regulations, and do not discriminate based on medical intervention status.
An individual shall not be compelled to wear or otherwise be subjected to personal protective equipment for a specific purpose that isauthorizedsolelyunderanemergencyuseauthorizationoranysimilaremergency, Page 3 of 5 CODING:
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HLS 26RS-716 ENGROSSED HB NO.
1041 provisional,temporary,orexpeditedauthorizationthatiscontingentuponadeclared emergency or waiver of standard approval requirements.
I.
Ahealthcarefacility,provider,oremployerisexemptfromtheprovisions of this Part.
A healthcare facility, provider, or employer is exempt from the provisions of this Part." AMENDMENT NO.
§1300.85.
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Enforcement and remedies Violations of this Part may be prosecuted by the attorney general or appropriate parish or municipal prosecutor.
If a violation is proven, attorney's fees and court costs may be awarded.
§1300.86.
Non-exclusion of healthy individuals Under no circumstance shall a healthy individual or alleged asymptomatic carrierofanillnessbeexcludedfrompublicactivitiesbasedontheindividualhaving declined a medical intervention during an outbreak or public health emergency.
DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.
It constitutes nopart 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)] HB 1041 Engrossed 2026 Regular Session Galle Abstract:
Prohibits denial of access or discriminatory practices against a person based on his medical intervention status.
Proposedlawprovidesthatproposedlawshallbeknownandmaybecitedasthe"Louisiana Medical Freedom Act".
Proposed law further provides the legislative purpose behind proposed law.
Proposed law provides for definitions.
Proposedlawprohibitsastate,parish,orlocalgovernmententityorofficialinthisstatefrom requiring a person to receive or use a medical intervention as a condition of employment, entry into a public building, service, public assistance or aid, or licensure.
Proposed law prohibits a business entity operating in this state from requiring a medical intervention as a term of employment.
Proposed law further prohibits a business entity Page 4 of 5 CODING:
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HLS 26RS-716 ENGROSSED HB NO.
1041 operating in this state from denying services, products, admission, or transportation based solely on a person's medical intervention status.
Proposed law prohibits a public or private trade school, college, or university from mandatingamedicalintervention,suchasavaccineorotherdrug,asaconditionofentering the building or otherwise participating in activities.
Proposed law prohibits a person from taking an adverse action or imposing any penalty against an individual lawfully residing in this state for the individual's refusal or failure to obtain a medical intervention.
Proposed law authorizes the use of personal protective equipment as part of occupational safety but prohibits compelling a person to wear personal protective equipment as a result of an emergency.
Proposed law provides that if the business or governmental entity is found to violate the provisions proposed law, the attorney general may be awarded attorney's fees and costs incurred pursuing the enforcement action.
Presentlawrequiresstudentsenteringaschoolwithin thestateto obtainimmunizationsand provide proof of immunization prior to attending school.
Present law provides that a student is not required to obtain an immunization or provide proof of anyimmunization if the student or his parents or guardian submits either a written statement from a physician stating that the immunization is contraindicated for medical reasons or the student or guardian submits a written dissent to receiving an immunization.
Proposed law provides that a school shall be in compliance with proposed law if it is in compliance with present law regarding immunizations.
Proposed law creates an exception to proposed law for child welfare laws, present law provisions relative to tuberculosis treatment and prevention, and healthcare providers.
(Adds R.S.
40:1300.81-1300.86) Summary of Amendments Adopted by House The Committee Amendments Proposed byHouse Committee on Health and Welfare to the original bill:
1.
Add exceptions to proposed law for child welfare laws, tuberculosis treatment and prevention, and healthcare providers.
2.
Remove provision repealing present law relative to school procedures for unvaccinated children.
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