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SLS 26RS-1256 ENGROSSED
2026 Regular Session
SENATE CONCURRENT RESOLUTION NO. 37
BY SENATOR FESI
HEALTH CARE. Requests the surgeon general to develop a plan relative to informed
consent.
1 A CONCURRENT RESOLUTION
2 To request the surgeon general to review Louisiana's informed consent laws and submit a
3 report to the legislature on whether any gaps exist in current laws.
4 WHEREAS, according to the Centers for Disease Control and Prevention, while
5 there is a requirement for certain vaccine information to be given to a patient prior to an
6 immunization, there is no federal requirement for informed consent relating to
7 immunizations; and
8 WHEREAS, the National Childhood Vaccine Injury Act of 1986, as amended,
9 created the National Vaccine Injury Compensation Program, in response to lawsuits against
10 vaccine manufacturers and healthcare providers that threatened to cause vaccine shortages
11 and reduce vaccination rates; and
12 WHEREAS, one component of the program is a requirement for a healthcare
13 provider to provide a copy of the current Vaccine Information Statement (VIS) to the legal
14 representative of any child or to any other individual receiving certain vaccines; and
15 WHEREAS, while a VIS provides information, informed consent is an ethical and
16 legal process involving a discussion and explicit, voluntary patient permission to proceed
17 with any medical or surgical procedure, which may be required by state law; and
18 WHEREAS, Louisiana has uniform consent laws and medical consent laws as
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SCR NO. 37
SLS 26RS-1256 ENGROSSED
1 provided for in R.S. 40:1157.1, et seq., that provide for the means for obtaining patient
2 consent and the persons eligible to give consent for a patient to receive surgical or medical
3 treatment; and
4 WHEREAS, the Louisiana Medical Disclosure Panel is established in R.S. 40:1157.2
5 to determine which risks and hazards related to medical care and surgical procedures must
6 be disclosed by a physician or other healthcare provider to a patient or person authorized to
7 consent for a patient and to establish the general form and substance of such disclosure; and
8 WHEREAS, the panel is required to prepare separate lists of those medical
9 treatments and surgical procedures that do and do not require disclosure and, for those
10 treatments and procedures that do require disclosure, establish the degree of disclosure
11 required and the form in which the disclosure will be made; and
12 WHEREAS, the list of medical and surgical procedures requiring disclosures are
13 provided for in the Louisiana Administrative Code at LAC 48:I.2301 through 2463; and
14 WHEREAS, the Medical Disclosure Panel has not met since 2018, leaving the state
15 without a mechanism to update medical and surgical procedures that require disclosure.
16 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
17 request the surgeon general to review Louisiana's informed consent laws and submit a report
18 to the legislature on whether any gaps exist in current law and any recommendations for
19 updates to Louisiana's informed consent process.
20 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
21 surgeon general.
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SCR NO. 37
SLS 26RS-1256 ENGROSSED
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
SCR 37 Engrossed 2026 Regular Session Fesi
Requests the surgeon general to review Louisiana's informed consent laws and submit a
report to the legislature on whether any gaps exist in current law and recommendations for
updates to Louisiana's informed consent process.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Broadens the scope of the report.
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