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HLS 26RS-716 REENGROSSED
2026 Regular Session
HOUSE BILL NO. 1041
BY REPRESENTATIVES GALLE, AMEDEE, EDMONSTON, EGAN, OWEN, AND
WILDER
HEALTH/MEDICAL TREATMENT: Prohibits certain entities from prohibiting access
based on a person's medical intervention status
1 AN ACT
2 To enact Part IX of Chapter 5-G of Title 40 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 40:1300.81 through 1300.86, relative to medical interventions; to
4 provide for a short title; to provide for legislative intent; to provide definitions; to
5 prohibit conditioning access to certain business and governmental entities based on
6 medical intervention status; to provide for exceptions; to provide for enforcement;
7 and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Part IX of Chapter 5-G of Title 40 of the Louisiana Revised Statutes of
10 1950, comprised of R.S. 40:1300.81 through 1300.86, is hereby enacted to read as follows:
11 PART IX. LOUISIANA MEDICAL FREEDOM ACT
12 §1300.81. Short title
13 This Part shall be known and may be cited as the "Louisiana Medical
14 Freedom Act".
15 §1300.82. Purpose
16 The purpose of this Part is to protect the right of individuals to make
17 autonomous decisions regarding medical interventions without discrimination,
18 coercion, or exclusion by public entities.
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1 §1300.83. Definitions
2 As used in this Section, the following terms have the meanings ascribed to
3 them:
4 (1) "Business entity" means any individual or group engaged in any activity,
5 profession, or enterprise for gain, benefit, or livelihood, whether for-profit or
6 nonprofit, including self-employed individuals, corporations, partnerships, limited
7 liability companies, trusts, or any entity registered, licensed, or authorized to operate
8 in this state.
9 (2) "Government entity" means any state, parish, municipal, or local
10 government or any political subdivision, including but not limited to any department,
11 agency, authority, commission, board, council, committee, office, task force,
12 working group, or other body established by or in accordance with the authority of
13 the laws of such entity.
14 (3) "Medical intervention" means a medical procedure, treatment, device,
15 drug, injection, medication, or medical action taken to monitor, diagnose, prevent,
16 treat, or cure a disease or alter the health or biological function of a person. Medical
17 interventions include but are not limited to vaccines, biologics, swabs, and tests,
18 including genetic and genomic testing, pills, capsules, creams, sprays, liquids,
19 injections, chips, devices, and monitors.
20 (4) "School" means any public, private, or parochial educational institution,
21 including preschools and daycares, schools, and postsecondary institutions including
22 trade schools, colleges, and universities.
23 §1300.84. Prohibition of medical mandates
24 A.(1) A business entity shall not deny, restrict, or otherwise penalize any
25 individual’s access to services, products, venues, education, training, trade, or
26 transportation based on the individual's refusal of a medical intervention.
27 (2) The provisions of this Subsection shall not apply to a healthcare facility,
28 licensed healthcare provider, or healthcare employer.
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1 B.(1) A business entity shall not require a medical intervention as a condition
2 of employment.
3 (2) The provisions of this Subsection shall not apply to a healthcare facility,
4 licensed healthcare provider, or healthcare employer.
5 C. A ticket issuer shall not discriminate against or deny access to any person
6 at an event based on his status with respect to any medical intervention.
7 D.(1) A school, daycare, or institution of learning shall not mandate a
8 medical intervention for any person to attend, enter campus or buildings, or be
9 employed, or to participate in any extracurricular activities, including but not limited
10 to clubs, performances, arts, or athletics.
11 (2) A school, daycare, or institution of learning complies with the provisions
12 of this Part if the school, daycare, or institution of learning complies with the
13 immunization requirements of R.S. 17:170 et seq. No additional medical intervention
14 requirement shall be imposed in excess of the requirements of R.S. 17:170 et seq.
15 E. A government entity or official shall not require a medical intervention
16 for any of the following:
17 (1) Access to government services.
18 (2) Use of public buildings, facilities, infrastructure, or transportation.
19 (3) Employment by government entities.
20 F. An individual shall not receive differential compensation, benefits, or
21 treatment based on their refusal of a medical intervention. However, an employer
22 may permit an employee to take time off, at his discretion, to voluntarily obtain
23 medical interventions.
24 G. Any requirements for medical interventions which are allowed, in
25 accordance with this Part, shall remain subject to any applicable laws or legal
26 precedents providing for or protecting exemptions and reasonable accommodations.
27 H. Personal protective equipment may be required as part of occupational
28 safety standards, if such requirements are consistent with adopted federal and state
29 workplace and occupational safety regulations, and do not discriminate based on
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1 medical intervention status. An individual shall not be compelled to wear or
2 otherwise be subjected to personal protective equipment for a specific purpose that
3 is authorized solely under an emergency use authorization or any similar emergency,
4 provisional, temporary, or expedited authorization that is contingent upon a declared
5 emergency or waiver of standard approval requirements.
6 I. Nothing in this Part shall be construed to prevent compliance with child
7 welfare laws of this state.
8 J. Nothing in this Part shall be construed to prohibit compliance with R.S.
9 40:31.21 or other applicable laws of this state relating to the control and prevention
10 of tuberculosis.
11 §1300.85. Enforcement and remedies
12 Violations of this Part may be prosecuted by the attorney general or
13 appropriate parish or municipal prosecutor. If a violation is proven, attorney's fees
14 and court costs may be awarded.
15 §1300.86. Non-exclusion of healthy individuals
16 Under no circumstance shall a healthy individual or alleged asymptomatic
17 carrier of an illness be excluded from public activities based on the individual having
18 declined a medical intervention during an outbreak or public health emergency.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
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 Reengrossed 2026 Regular Session Galle
Abstract: Prohibits denial of access or discriminatory practices against a person based on
his medical intervention status.
Proposed law provides that proposed law shall be known and may be cited as the "Louisiana
Medical Freedom Act". Proposed law further provides the legislative purpose behind
proposed law.
Proposed law provides for definitions.
Proposed law prohibits a state, parish, or local government entity or official in this state from
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.
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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
operating in this state from denying services, products, admission, or transportation based
solely on a person's medical intervention status. Proposed law further creates an exception
for a healthcare facility, licensed healthcare provider, or healthcare employer.
Proposed law prohibits a public or private trade school, college, or university from
mandating a medical intervention, such as a vaccine or other drug, as a condition of entering
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.
Present law requires students entering a school within the state to obtain immunizations and
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 any immunization 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 or learning institution 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 by House 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.
The House Floor Amendments to the engrossed bill:
1. Limit the exception to proposed law to healthcare entities.
2. Provide for the requirements for schools and other learning institutions to comply
with proposed law.
3. Make technical changes.
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