Provides relative to vaccines. (8/1/26)

Senate Bill 36 enacts two new provisions into Louisiana's public health law effective August 1, 2026. The first provision adds to the State Food, Drug, and Cosmetic Law by making it a prohibited act to use food as a delivery mechanism for an mRNA vaccine. The second provision establishes a specific informed consent process for vaccine administration by requiring healthcare providers to furnish patients with two documents prior to vaccination: the federally mandated vaccine information statement required under 42 U.S.C. section 300aa-26, and a state-created written consent form prepared by the surgeon general that must disclose the specific vaccine name, the disease or diseases it prevents, the vaccine technology used, the benefits of administration, and both short-term and long-term risks. The bill further establishes incapacity periods during which a person cannot legally provide informed consent for vaccination, specifically within forty-eight hours before or after anesthesia administration, within twelve hours after childbirth, and within twenty-four hours after narcotic medication administration.

Healthcare providers in Louisiana must comply with these new requirements when administering any vaccine to a patient. Medical professionals will need to implement procedures ensuring they provide and document both the federal vaccine information statement and the surgeon general's state-mandated consent form before proceeding with vaccination. The surgeon general's office must develop and maintain the required written consent form containing the specified disclosures. Patients will receive expanded information about vaccines and additional time to make informed decisions, though healthcare providers will face new administrative and documentation obligations. The prohibition on food-based mRNA vaccine delivery mechanisms prevents any implementation of such delivery systems within the state, affecting pharmaceutical companies or researchers who might otherwise pursue this technology in Louisiana.

This legislation operates within Louisiana's existing informed consent framework established in R.S. 40:1157.1 et seq., and the bill explicitly provides that vaccine-specific informed consent operates in addition to general medical treatment informed consent requirements. The new vaccine consent provisions supplement rather than replace existing state law governing medical decision-making authority. The federal requirement referenced in the bill, 42 U.S.C. section 300aa-26, pertains to the National Vaccine Injury Compensation Program and mandates distribution of vaccine information materials, so Louisiana's law builds upon this federal foundation by adding state-specific disclosure and timing requirements. The prohibition on food-based mRNA delivery mechanisms interfaces with the Louisiana Food, Drug, and Cosmetic Law, designating this delivery method as a prohibited act subject to enforcement under that regulatory framework.