PUBLIC HEALTH: Provides relative to vaccines. (8/1/26)

SLS 26RS-92 ORIGINAL
2026 Regular Session
SENATE BILL NO. 36
BY SENATOR FESI
PUBLIC HEALTH. Provides relative to vaccines. (8/1/26)
1 AN ACT
2 To enact R.S. 40:636(7) and 1158, relative to vaccines; to prohibit certain vaccine delivery
3 mechanisms; to establish informed consent requirements for vaccinations; to provide
4 for restrictions on obtaining informed consent for vaccinations; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:636(7) and 1158 is hereby enacted to read as follows:
8 §636. Other prohibited acts
9 The following acts and the causing thereof are prohibited:
10 * * *
11 (7) The use of food as a delivery mechanism for an mRNA vaccine.
12 * * *
13 §1158. Informed consent for vaccinations
14 A. Prior to any healthcare provider administering a vaccine to a patient,
15 the provider shall provide the patient with the following information:
16 (1) The vaccine information statement required by federal law pursuant
17 to 42 U.S.C. 300aa-26.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 36
SLS 26RS-92 ORIGINAL
1 (2) The state required vaccine written consent form created by the
2 surgeon general that shall include all of the following:
3 (a) The specific vaccine being administered.
4 (b) The specific disease or diseases that the vaccine is intended to prevent
5 or reduce the adverse health effects of.
6 (c) The vaccine technology used to develop the vaccine.
7 (d) The benefits to the patient if the vaccine is administered.
8 (e) The short-term and long-term risks to the patient if the vaccine is
9 administered.
10 B. A person shall not be considered capable of providing informed
11 consent for a vaccination under any of the following conditions:
12 (1) Within forty-eight hours prior to a planned medical procedure which
13 requires the administration of anesthesia or within forty-eight hours after
14 anesthesia is administered to the patient.
15 (2) Within twelve hours of childbirth.
16 (3) Within twenty-four hours after a narcotic medication has been
17 administered to the patient.
18 C. The patient informed consent for vaccinations provided for in this
19 Section shall be in addition to any informed consent to medical treatment
20 required by R.S. 40:1157.1 et seq.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, 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)]
DIGEST
SB 36 Original 2026 Regular Session Fesi
Present law provides for prohibited acts pursuant to the State Food, Drug, and Cosmetic
Law.
Proposed law adds the use of food as a delivery mechanism for an mRNA vaccine as a
prohibited act.
Present law provides for informed consent for medical treatment.
Proposed law provides for the process for a healthcare provider to obtain informed consent
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 36
SLS 26RS-92 ORIGINAL
from a patient prior to administering a vaccine.
Proposed law provides for circumstances in which a person shall not be considered capable
of providing informed consent for vaccinations.
Proposed law provides that the patient informed consent for vaccinations is in addition to
any informed consent to medical treatment required by present law.
Effective August 1, 2026.
(Adds R.S. 40:636(7) and 1158)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.