Read the full stored bill text
House
File
2087
-
Introduced
HOUSE
FILE
2087
BY
GEARHART
and
DIEKEN
A
BILL
FOR
An
Act
relating
to
the
powers
and
duties
applicable
to
state
of
1
disaster
emergencies
and
public
health
disasters,
including
2
a
prohibition
on
regulating
religious
institutions
and
3
practices.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5163YH
(10)
91
ak/ko
H.F.
2087
Section
1.
NEW
SECTION
.
7.19
Regulation
of
religious
1
institutions
and
practices
——
limitation.
2
Notwithstanding
any
provision
of
law
to
the
contrary,
the
3
governor
shall
not
dictate
a
measure
in
a
proclamation
of
a
4
state
of
disaster
emergency
issued
pursuant
to
section
29C.6
5
that
unduly
interferes
with
the
operations
of
a
religious
6
institution
or
otherwise
impedes
an
individual’s
practice
7
of
religion.
For
purposes
of
this
section,
a
“religious
8
institution”
means
a
building
in
which
individuals
engage
in
9
religious
practices.
10
Sec.
2.
Section
29C.6,
subsection
1,
Code
2026,
is
amended
11
to
read
as
follows:
12
1.
a.
After
finding
a
disaster
exists
or
is
threatened,
13
proclaim
a
state
of
disaster
emergency.
This
proclamation
14
shall
be
in
writing,
indicate
the
area
affected
and
the
facts
15
upon
which
it
is
based,
be
signed
by
the
governor,
and
be
16
filed
with
the
secretary
of
state.
If
the
state
of
disaster
17
emergency
specifically
constitutes
a
public
health
disaster
18
as
defined
in
section
135.140
,
the
written
proclamation
shall
19
include
a
statement
to
that
effect.
A
state
of
disaster
20
emergency
shall
continue
for
thirty
fifteen
days,
unless
sooner
21
terminated
or
rescinded,
extended
,
or
amended
in
writing
by
22
the
governor
general
assembly
.
The
general
assembly
may,
23
by
concurrent
resolution,
rescind
,
extend,
or
amend
this
24
proclamation.
An
initial
extension
of
this
proclamation
by
25
the
general
assembly
shall
not
exceed
fifteen
days,
and
any
26
subsequent
extension
shall
not
exceed
fifteen-day
increments.
27
If
the
general
assembly
is
not
in
session,
the
legislative
28
council
may,
by
majority
vote,
rescind
,
extend,
or
amend
this
29
proclamation
only
once
and
the
extension
shall
not
exceed
30
fifteen
days
.
Rescission
Following
any
rescission,
extension,
31
or
amendment
of
this
proclamation
by
the
legislative
council,
32
only
the
general
assembly
may
take
any
additional
action.
Any
33
rescission,
extension,
or
amendment
shall
be
effective
upon
34
filing
of
the
concurrent
resolution
of
the
general
assembly
or
35
-1-
LSB
5163YH
(10)
91
ak/ko
1/
9
H.F.
2087
resolution
of
the
legislative
council
with
the
secretary
of
1
state.
A
proclamation
of
disaster
emergency
shall
activate
the
2
disaster
response
and
recovery
aspect
of
the
state,
local,
and
3
interjurisdictional
disaster
emergency
plans
applicable
to
the
4
political
subdivision
or
area
in
question
and
be
authority
for
5
the
deployment
and
use
of
any
forces
to
which
the
each
disaster
6
emergency
plan
applies,
and
for
use
or
distribution
of
any
7
supplies,
equipment,
and
materials
and
facilities
assembled,
8
stockpiled,
or
arranged
to
be
made
available.
9
b.
A
measure
dictated
in
a
state
of
disaster
emergency
10
proclamation
shall
not
do
any
of
the
following:
11
(1)
Infringe
on
a
fundamental
constitutionally
protected
12
right
unless
the
measure
is
justified
by
a
compelling
state
13
interest,
is
narrowly
tailored
to
achieve
its
specific
purpose,
14
and
is
achieved
by
the
least
restrictive
means
possible.
15
(2)
Restrict
rights,
interests,
or
activities
in
a
manner
16
that
is
not
neutral
or
generally
applicable.
17
(3)
Prohibit
in-person
interactions
between
religious
18
leaders
or
individuals
who
are
related
by
consanguinity
or
19
affinity
with
patients
or
residents
of
hospitals
or
health
care
20
facilities.
21
(4)
Authorize
the
use
of
mobile,
cellular,
or
any
22
other
digital
technologies
to
track
or
surveil
persons
23
without
providing
prior
notice
to
and
receiving
consent
24
from
such
persons.
A
request
to
consent
to
specific
terms
25
of
surveillance
shall
not
be
combined
with
any
other
terms
26
requiring
consent.
27
(5)
Authorize
the
use
of
any
drones,
unmanned
28
aerial
vehicles,
advanced
robotics,
or
any
artificial
29
intelligence-based
systems
to
enforce
the
proclamation.
30
(6)
Restrict
the
practice
of
a
person
holding
a
valid
31
license
to
practice
a
health-related
profession
regulated
32
by
a
board
designated
pursuant
to
section
147.13
or
by
the
33
department
of
inspections,
appeals,
and
licensing,
or
restrict
34
the
scope
of
service
delivery
of
a
hospital,
clinic,
or
35
-2-
LSB
5163YH
(10)
91
ak/ko
2/
9
H.F.
2087
health
care
professional
if
the
person
or
entity
is
otherwise
1
practicing
within
the
scope
of
a
valid
license.
2
(7)
Allow
a
board
designated
pursuant
to
section
147.13
to
3
restrict
the
prescribing
authority
of
a
licensed
health-related
4
professional
in
a
way
that
deters
the
professional
from
5
prescribing
medication
or
treatment
in
accordance
with
the
6
professional’s
best
professional
judgment.
7
(8)
Require
identification
and
monitoring
of
persons
8
who
may
be
at
risk
of
contracting
a
contagious
or
infectious
9
disease
by
virtue
of
contact
with
a
contagious
person
10
in
a
manner
consistent
with
known
or
suspected
modes
of
11
transmission.
12
(9)
Establish,
authorize,
or
enforce
penalties
for
13
a
person’s
refusal
to
participate
in
identification
and
14
monitoring
efforts.
15
Sec.
3.
Section
135.144,
subsections
3,
5,
6,
7,
and
8,
Code
16
2026,
are
amended
to
read
as
follows:
17
3.
Take
reasonable
measures
as
necessary
to
prevent
the
18
transmission
of
infectious
disease
and
to
ensure
that
all
cases
19
of
communicable
disease
are
properly
identified,
controlled,
20
and
treated.
Reasonable
measures
shall
not
include
any
of
the
21
following:
22
a.
Requiring
identification
and
monitoring
of
persons
23
who
may
be
at
risk
of
contracting
a
contagious
or
infectious
24
disease
by
virtue
of
contact
with
a
contagious
person
25
in
a
manner
consistent
with
known
or
suspected
modes
of
26
transmission.
27
b.
Requiring
a
person
to
comply
with
such
identification
28
and
monitoring
efforts
including
efforts
that
infringe
on
a
29
person’s
freedom
of
association.
30
c.
Establishing,
authorizing,
or
enforcing
penalties
for
31
a
person’s
refusal
to
participate
in
the
identification
and
32
monitoring
efforts.
33
5.
Order
Recommend
physical
examinations
and
tests
and
34
collect
the
collection
of
specimens
as
necessary
for
the
35
-3-
LSB
5163YH
(10)
91
ak/ko
3/
9
H.F.
2087
diagnosis
or
treatment
of
individuals,
to
be
performed
by
any
1
qualified
person
authorized
to
do
so
by
the
department.
An
A
2
physical
examination
or
test
shall
not
be
performed
or
ordered
3
recommended
if
the
physical
examination
or
test
is
reasonably
4
likely
to
lead
to
serious
harm
to
the
affected
individual.
The
5
affected
individual
has
the
ultimate
authority
to
determine
6
whether
to
submit
to
the
recommended
physical
examination
7
or
testing,
and
shall
not
be
subject
to
undue
pressure
or
8
compulsion
to
submit
to
the
recommendation.
The
department
may
9
isolate
or
quarantine
,
pursuant
to
chapter
139A
and
the
rules
10
implementing
chapter
139A
and
this
subchapter
,
any
infected
11
individual
whose
refusal
of
medical
a
physical
examination
or
12
testing
results
in
uncertainty
regarding
whether
the
individual
13
has
been
exposed
to
or
is
infected
with
a
communicable
or
14
potentially
communicable
disease
or
otherwise
poses
a
danger
to
15
public
health.
The
length
of
isolation
shall
not
exceed
the
16
longest
usual
incubation
period
for
the
specific
communicable
17
disease.
18
6.
Vaccinate
or
order
Recommend
that
individuals
be
19
vaccinated
with
a
vaccine
approved
by
the
United
States
food
20
and
drug
administration
as
safe
and
effective
against
an
21
infectious
disease
and
to
prevent
the
spread
of
communicable
22
or
potentially
communicable
disease.
Vaccinations
shall
be
23
administered
by
any
qualified
person
authorized
to
do
so
by
the
24
department.
Prior
to
administration
of
a
vaccine,
an
adult
25
or
the
parent
or
legal
representative
of
a
minor
receiving
26
the
vaccine
shall
be
provided
with
the
federal
vaccine
27
information
statement
for
the
vaccine
and
verbally
informed
28
of
the
known
and
potential
benefits
and
risks
of
the
vaccine.
29
The
vaccination
shall
not
be
provided
or
ordered
recommended
30
if
it
is
reasonably
likely
to
lead
to
serious
harm
to
the
31
affected
individual.
The
affected
individual
has
the
ultimate
32
authority
to
determine
whether
to
submit
to
the
recommended
33
vaccination,
and
shall
not
be
subject
to
undue
pressure
or
34
compulsion
to
submit
to
the
recommendation.
To
prevent
the
35
-4-
LSB
5163YH
(10)
91
ak/ko
4/
9
H.F.
2087
spread
of
communicable
or
potentially
communicable
disease,
the
1
department
may
isolate
or
quarantine
,
pursuant
to
chapter
139A
2
and
the
rules
implementing
chapter
139A
and
this
subchapter
,
3
any
infected
person
who
is
unable
or
unwilling
to
undergo
4
vaccination
pursuant
to
this
subsection
.
5
7.
Treat
or
order
Recommend
that
individuals
exposed
to
6
or
infected
with
disease
receive
treatment
or
prophylaxis.
7
Treatment
or
prophylaxis
shall
be
administered
by
any
qualified
8
person
authorized
to
do
so
by
the
department.
Treatment
or
9
prophylaxis
shall
not
be
provided
or
ordered
recommended
if
10
the
treatment
or
prophylaxis
is
reasonably
likely
to
lead
to
11
serious
harm
to
the
affected
infected
individual.
The
infected
12
individual
has
the
ultimate
authority
to
determine
whether
to
13
submit
to
the
recommended
treatment
or
prophylaxis,
and
shall
14
not
be
subject
to
undue
pressure
or
compulsion
to
submit
to
15
the
recommendation.
To
prevent
the
spread
of
communicable
or
16
potentially
communicable
disease,
the
department
may
isolate
or
17
quarantine
,
pursuant
to
chapter
139A
and
the
rules
implementing
18
chapter
139A
and
this
subchapter
,
any
infected
individual
who
19
is
unable
or
unwilling
to
undergo
treatment
or
prophylaxis
20
pursuant
to
this
section
subsection
.
21
8.
Isolate
or
quarantine
infected
individuals
or
groups
of
22
individuals
pursuant
to
chapter
139A
and
the
rules
implementing
23
chapter
139A
and
this
subchapter
.
24
Sec.
4.
Section
135.144,
Code
2026,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
14.
Provide
a
link
on
the
department’s
27
internet
site
for
qualified
individuals
to
submit
28
evidence-based
information
regarding
a
public
health
emergency
29
or
public
health
disaster
and
for
members
of
the
public
to
30
share
their
experiences.
The
department
shall
adopt
rules
31
pursuant
to
chapter
17A
to
administer
this
subsection,
32
including
the
criteria
a
qualified
individual
must
meet
to
33
participate.
34
Sec.
5.
Section
139A.4,
subsection
1,
Code
2026,
is
amended
35
-5-
LSB
5163YH
(10)
91
ak/ko
5/
9
H.F.
2087
to
read
as
follows:
1
1.
The
type
and
length
of
isolation
or
quarantine
imposed
2
for
a
specific
communicable
disease
shall
be
in
accordance
with
3
rules
adopted
by
the
department.
The
length
of
isolation
or
4
quarantine
shall
not
exceed
the
longest
usual
incubation
period
5
for
the
specific
communicable
disease.
6
Sec.
6.
Section
139A.8,
subsection
4,
paragraph
a,
7
subparagraph
(2),
Code
2026,
is
amended
to
read
as
follows:
8
(2)
The
applicant,
or
if
the
applicant
is
a
minor,
the
9
applicant’s
parent
or
legal
guardian,
submits
an
affidavit
10
signed
by
the
applicant,
or
if
the
applicant
is
a
minor,
11
the
applicant’s
parent
or
legal
guardian,
stating
that
the
12
immunization
conflicts
with
the
tenets
and
practices
of
a
13
recognized
sincerely
held
religious
denomination
beliefs
14
of
which
the
applicant
is
an
adherent
or
member
,
or
if
the
15
applicant
is
a
minor,
of
the
applicant’s
parent
or
legal
16
guardian
.
17
Sec.
7.
Section
139A.8,
subsection
4,
paragraph
b,
Code
18
2026,
is
amended
to
read
as
follows:
19
b.
The
exemptions
under
this
subsection
do
not
apply
in
20
times
of
emergency
or
epidemic
as
determined
and
declared
by
21
the
director.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
powers
and
duties
applicable
during
26
a
state
of
disaster
emergency
or
a
public
health
disaster
27
and
prohibits
the
governor’s
ability
to
regulate
religious
28
institutions
and
practices
during
these
emergencies.
29
The
bill
prohibits
the
governor
from
dictating
a
measure
in
30
a
proclamation
of
a
state
of
disaster
emergency
(proclamation)
31
that
unduly
interferes
with
operations
of
a
religious
32
institution
or
otherwise
impedes
an
individual’s
practice
of
33
religion.
“Religious
institution”
is
defined
in
the
bill.
34
Current
law
provides
that
a
state
of
disaster
emergency
35
-6-
LSB
5163YH
(10)
91
ak/ko
6/
9
H.F.
2087
shall
continue
for
30
days
unless
terminated
or
extended
by
1
the
governor.
The
general
assembly,
by
concurrent
resolution
2
when
in
session,
or
through
the
legislative
council
by
majority
3
vote
if
not
in
session,
may
rescind
the
proclamation.
Under
4
the
bill,
a
state
of
disaster
emergency
shall
continue
for
15
5
days
unless
rescinded,
extended,
or
amended
by
the
general
6
assembly,
any
initial
extension
of
the
proclamation
shall
not
7
exceed
15
days,
and
any
subsequent
extension
shall
not
exceed
8
15-day
increments.
The
bill
also
provides
that
if
the
general
9
assembly
is
not
in
session,
the
legislative
council
may,
by
10
majority
vote,
rescind,
extend,
or
amend
the
proclamation
only
11
once
and
the
extension
shall
not
exceed
15
days.
12
The
bill
places
certain
restrictions
on
measures
dictated
13
in
a
proclamation
relating
to
constitutional
rights,
religious
14
rights,
patient
rights,
surveillance,
health-related
profession
15
licensing
and
prescribing
authority,
and
disease
contraction
16
monitoring.
17
Current
law
allows
the
department
of
health
and
human
18
services
(HHS)
to
take
reasonable
measures
to
prevent
the
19
transmission
of
and
ensure
proper
identification,
control,
20
and
treatment
of
infectious
diseases.
The
bill
provides
that
21
requiring
identification
and
monitoring
of
a
person
at
risk
of
22
contracting
a
contagious
or
infectious
disease
through
contact
23
with
a
contagious
person
or
requiring
a
person
to
comply
with
24
such
identification
and
monitoring
efforts
are
not
reasonable
25
measures.
26
Under
current
law,
HHS
can
take
or
order
certain
disease
27
prevention
actions
be
taken
during
a
public
health
disaster.
28
The
bill
instead
provides
that
the
department
may
only
29
recommend
vaccines
approved
by
the
United
States
food
and
30
drug
administration
and
not
reasonably
likely
to
lead
to
31
serious
harm
to
the
individual.
Under
the
bill,
HHS
may
only
32
recommend
physical
examinations,
testing,
and
the
collection
of
33
specimens
necessary
for
the
diagnosis
and
treatment
of
infected
34
individuals
and
not
reasonably
likely
to
harm
the
individual.
35
-7-
LSB
5163YH
(10)
91
ak/ko
7/
9
H.F.
2087
An
affected
individual
has
the
ultimate
authority
to
determine
1
whether
to
submit
to
the
department’s
recommendations,
and
2
shall
not
be
subject
to
undue
pressure
or
compulsion
to
submit.
3
Under
current
law,
during
a
public
health
disaster,
HHS
can
4
quarantine
or
isolate
certain
infected
individuals.
The
bill
5
instead
allows
HHS
to
isolate
certain
infected
individuals
for
6
a
period
not
to
exceed
the
longest
usual
incubation
period
for
7
the
specific
communicable
disease.
8
The
bill
provides
that
prior
to
administration
of
a
vaccine,
9
an
adult
or
the
parent
or
legal
representative
of
a
minor
10
receiving
the
vaccine
shall
be
provided
with
the
federal
11
vaccine
information
statement
and
verbally
informed
of
the
12
known
and
potential
benefits
and
risks
of
the
vaccine.
The
13
department
may
isolate
infected
individuals.
14
Under
current
law,
during
a
public
health
disaster,
HHS
15
can
order
infected
individuals
to
receive
certain
treatments
16
or
prophylaxes.
Under
the
bill,
HHS
may
only
recommend
that
17
infected
individuals
receive
treatment
or
prophylaxis
if
not
18
reasonably
likely
to
lead
to
serious
harm
to
the
individual.
19
The
infected
individual
has
the
ultimate
authority
to
determine
20
whether
to
submit
to
the
recommendation,
and
shall
not
be
21
subject
to
undue
pressure
or
compulsion
to
submit.
Under
22
current
law,
HHS
can
quarantine
or
isolate
infected
individuals
23
unwilling
to
undergo
treatment
or
prophylaxis.
Under
the
bill,
24
HHS
may
isolate
infected
individuals
unable
or
unwilling
to
25
undergo
treatment
or
prophylaxis.
26
The
bill
requires
HHS
to
provide
a
link
on
the
department’s
27
internet
site
for
qualified
individuals
to
submit
28
evidence-based
information
regarding
a
public
health
emergency
29
or
public
health
disaster
and
for
members
of
the
public
to
30
share
their
experiences.
The
department
shall
adopt
rules
to
31
administer
this
provision,
including
the
criteria
a
qualified
32
individual
must
meet
to
participate.
33
The
bill
provides
that
the
type
and
length
of
isolation
or
34
quarantine
imposed
for
a
specific
communicable
disease
shall
be
35
-8-
LSB
5163YH
(10)
91
ak/ko
8/
9
H.F.
2087
in
accordance
with
rules
adopted
by
the
department,
and
that
1
the
length
of
the
isolation
or
quarantine
shall
not
exceed
the
2
longest
usual
incubation
period
for
the
specific
communicable
3
disease.
4
Under
current
law,
immunization
is
not
required
for
5
enrollment
in
an
elementary
or
secondary
school
or
licensed
6
child
care
center
if
a
person,
or,
if
the
person
is
a
minor,
the
7
minor’s
parent
or
guardian,
submits
an
affidavit
stating
that
8
the
immunization
conflicts
with
the
tenets
and
practices
of
a
9
recognized
religious
denomination
of
which
the
person
or
the
10
minor’s
parent
or
guardian
is
an
adherent
or
member.
Under
the
11
bill,
the
submitted
affidavit
shall
be
accepted
if
it
states
12
the
immunization
conflicts
with
the
sincerely
held
religious
13
beliefs
of
the
person
or,
if
the
person
is
a
minor,
the
beliefs
14
of
the
minor’s
parent
or
guardian.
15
The
bill
provides
that
if
a
child
is
exempt
from
vaccination,
16
the
exemption
applies
during
times
of
emergency
or
epidemic.
17
-9-
LSB
5163YH
(10)
91
ak/ko
9/
9