SCASCR37 3005 2714 SENATE COMMITTEE AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed CONCURRENTby RESOLUTIONSenate NO.Committee on Health and Welfare to Original Senate Concurrent Resolution No.

37 BYby SENATORSenator FESIFesi AAMENDMENT CONCURRENTNO. RESOLUTION To request the surgeon general to review Louisiana's informed consent laws and submit a report to the legislature on whether any gaps exist in current laws.

WHEREAS,1 accordingOn topage the1, Centersline for3, Diseaseafter Control"laws" anddelete Prevention,"relative whileto" thereAMENDMENT isNO. a requirement for certain vaccine information to be given to a patient prior to an immunization, there is no federal requirement for informed consent relating to immunizations;

and2 WHEREAS,On thepage National1, Childhoodline Vaccine4, Injurydelete Act"vaccinations" ofAMENDMENT 1986,NO. as amended, createdtheNationalVaccineInjuryCompensationProgram,in responseto lawsuits against vaccine manufacturers and healthcare providers that threatened to causevaccine shortages and reduce vaccination rates;

and3 WHEREAS,On onepage component2, ofdelete theline program15 isand ainsert requirement for a healthcare provider to provide a copy of the currentfollowing: Vaccine Information Statement (VIS) to the legal representative of anychild or to any other individual receiving certain vaccines;

and"WHEREAS,theMedicalDisclosurePanelhasnotmetsince2018,leavingthestate WHEREAS,without while a VISmechanism provides information, informed consent is an ethical and legal process involving a discussion and explicit, voluntary patient permission to proceedupdate with any medical orand surgical procedure,procedures whichthat mayberequire requireddisclosure." byAMENDMENT stateNO. law;

and4 WHEREAS,On Louisianapage has2, uniformline consent18, lawsafter "law" delete the remainder of the line and medicaldelete consentline laws19 asand providedinsert "and any recommendations for inupdates R.S.to Louisiana's informed consent process." Page 1 of 1

40:1157.1, et seq., that provide for the means for obtaining patient consent and the persons eligible to give consent for a patient to receive surgical or medical treatment;

and WHEREAS,theLouisianaMedicalDisclosurePanelisestablishedinR.S.40:1157.2 to determine which risks and hazards related to medical care and surgical procedures must be disclosed bya physician or other healthcare provider to a patient or person authorized to consentforapatientandto establish the generalform and substance of suchdisclosure;and Page 1 of 2 SCR NO.

37 ENROLLED WHEREAS, the panel is required to prepare separate lists of those medical treatments and surgical procedures that do and do not require disclosure and, for those treatments and procedures that do require disclosure, establish the degree of disclosure required and the form in which the disclosure will be made;

and WHEREAS, the list of medical and surgical procedures requiring disclosures are provided for in the Louisiana Administrative Code at LAC 48:I.2301 through 2463;

and WHEREAS, the Medical Disclosure Panel has not met since 2018, leavingthe state without a mechanism to update medical and surgical procedures that require disclosure.

THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby requestthesurgeongeneraltoreviewLouisiana'sinformedconsentlawsandsubmitareport to the legislature on whether any gaps exist in current law and any recommendations for updates to Louisiana's informed consent process.

BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the surgeon general.

PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES Page 2 of 2