Read the full stored bill text
House
File
2710
-
Introduced
HOUSE
FILE
2710
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
726)
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
6866HV
(2)
91
ak/ko
H.F.
2710
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rescinded,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
6866HV
(2)
91
ak/ko
1/
8
H.F.
2710
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)
Require
that
a
private
business
operating
within
the
22
state
cease
the
business’s
lawful
operations.
23
(5)
Authorize
a
change
to
established
laws,
policies,
or
24
regulations
governing
a
local,
county,
or
state
election
for
25
public
office
absent
prior
approval
of
the
general
assembly.
26
(6)
Restrict
the
practice
of
a
person
holding
a
valid
27
license
to
practice
a
health-related
profession
regulated
28
by
a
board
designated
pursuant
to
section
147.13
or
by
the
29
department
of
inspections,
appeals,
and
licensing,
or
restrict
30
the
scope
of
service
delivery
of
a
hospital,
clinic,
or
31
health
care
professional
if
the
person
or
entity
is
otherwise
32
practicing
within
the
scope
of
a
valid
license.
33
(7)
Allow
a
board
designated
pursuant
to
section
147.13
to
34
restrict
the
prescribing
authority
of
a
licensed
health-related
35
-2-
LSB
6866HV
(2)
91
ak/ko
2/
8
H.F.
2710
professional
in
a
way
that
deters
the
professional
from
1
prescribing
medication
or
treatment
in
accordance
with
the
2
professional’s
best
professional
judgment.
3
c.
Notwithstanding
paragraph
“b”
,
the
governor
may
recommend
4
that
a
private
business
operating
within
the
state
cease
the
5
business’s
lawful
operations
in
a
measure
dictated
in
a
state
6
of
disaster
proclamation.
7
d.
If
the
issuance
of
a
state
of
disaster
emergency
8
proclamation
is
a
precondition
to
an
exemption
from
a
federal
9
law,
or
an
action
or
inaction
by
the
federal
government,
10
the
proclamation
shall
be
in
writing,
indicate
the
area
11
affected
and
the
facts
upon
which
it
is
based,
be
signed
by
12
the
governor,
and
be
filed
with
the
secretary
of
state.
If
13
the
state
of
disaster
emergency
specifically
constitutes
a
14
public
health
disaster
as
defined
in
section
135.140,
the
15
written
proclamation
shall
include
a
statement
to
that
effect.
16
The
restrictions
placed
upon
a
state
of
disaster
emergency
17
proclamation
under
paragraph
“a”
related
to
continuance,
18
rescission,
extension,
or
amendment
shall
not
apply
to
such
19
proclamation.
20
Sec.
3.
Section
135.144,
subsections
5,
6,
7,
and
8,
Code
21
2026,
are
amended
to
read
as
follows:
22
5.
Order
Recommend
physical
examinations
and
tests
and
23
collect
the
collection
of
specimens
as
necessary
for
the
24
diagnosis
or
treatment
of
individuals,
to
be
performed
by
any
25
qualified
person
authorized
to
do
so
by
the
department.
An
A
26
physical
examination
or
test
shall
not
be
performed
or
ordered
27
recommended
if
the
physical
examination
or
test
is
reasonably
28
likely
to
lead
to
serious
harm
to
the
affected
individual.
The
29
affected
individual
has
the
ultimate
authority
to
determine
30
whether
to
submit
to
the
recommended
physical
examination
31
or
testing,
and
shall
not
be
subject
to
undue
pressure
or
32
compulsion
to
submit
to
the
recommendation.
The
department
may
33
isolate
or
quarantine
,
pursuant
to
chapter
139A
and
the
rules
34
implementing
chapter
139A
and
this
subchapter
,
any
infected
35
-3-
LSB
6866HV
(2)
91
ak/ko
3/
8
H.F.
2710
individual
whose
refusal
of
medical
a
physical
examination
or
1
testing
results
in
uncertainty
regarding
whether
the
individual
2
has
been
exposed
to
or
is
infected
with
a
communicable
or
3
potentially
communicable
disease
or
otherwise
poses
a
danger
to
4
public
health.
The
length
of
isolation
shall
not
exceed
the
5
longest
usual
incubation
period
for
the
specific
communicable
6
disease.
7
6.
Vaccinate
or
order
Recommend
that
individuals
be
8
vaccinated
with
a
vaccine
approved
by
the
United
States
food
9
and
drug
administration
as
safe
and
effective
against
an
10
infectious
disease
and
to
prevent
the
spread
of
communicable
11
or
potentially
communicable
disease.
Vaccinations
shall
be
12
administered
by
any
qualified
person
authorized
to
do
so
by
the
13
department.
Prior
to
administration
of
a
vaccine,
an
adult
14
or
the
parent
or
legal
representative
of
a
minor
receiving
15
the
vaccine
shall
be
provided
with
the
federal
vaccine
16
information
statement
for
the
vaccine
and
verbally
informed
17
of
the
known
and
potential
benefits
and
risks
of
the
vaccine.
18
The
vaccination
shall
not
be
provided
or
ordered
recommended
19
if
it
is
reasonably
likely
to
lead
to
serious
harm
to
the
20
affected
individual.
The
affected
individual
has
the
ultimate
21
authority
to
determine
whether
to
submit
to
the
recommended
22
vaccination,
and
shall
not
be
subject
to
undue
pressure
or
23
compulsion
to
submit
to
the
recommendation.
To
prevent
the
24
spread
of
communicable
or
potentially
communicable
disease,
the
25
department
may
isolate
or
quarantine
,
pursuant
to
chapter
139A
26
and
the
rules
implementing
chapter
139A
and
this
subchapter
,
27
any
infected
person
who
is
unable
or
unwilling
to
undergo
28
vaccination
pursuant
to
this
subsection
.
29
7.
Treat
or
order
Recommend
that
individuals
exposed
to
30
or
infected
with
disease
receive
treatment
or
prophylaxis.
31
Treatment
or
prophylaxis
shall
be
administered
by
any
qualified
32
person
authorized
to
do
so
by
the
department.
Treatment
or
33
prophylaxis
shall
not
be
provided
or
ordered
recommended
if
34
the
treatment
or
prophylaxis
is
reasonably
likely
to
lead
to
35
-4-
LSB
6866HV
(2)
91
ak/ko
4/
8
H.F.
2710
serious
harm
to
the
affected
infected
individual.
The
infected
1
individual
has
the
ultimate
authority
to
determine
whether
to
2
submit
to
the
recommended
treatment
or
prophylaxis,
and
shall
3
not
be
subject
to
undue
pressure
or
compulsion
to
submit
to
4
the
recommendation.
To
prevent
the
spread
of
communicable
or
5
potentially
communicable
disease,
the
department
may
isolate
or
6
quarantine
,
pursuant
to
chapter
139A
and
the
rules
implementing
7
chapter
139A
and
this
subchapter
,
any
infected
individual
who
8
is
unable
or
unwilling
to
undergo
treatment
or
prophylaxis
9
pursuant
to
this
section
subsection
.
10
8.
Isolate
or
quarantine
infected
individuals
or
groups
of
11
individuals
pursuant
to
chapter
139A
and
the
rules
implementing
12
chapter
139A
and
this
subchapter
.
13
Sec.
4.
Section
139A.4,
subsection
1,
Code
2026,
is
amended
14
to
read
as
follows:
15
1.
The
type
and
length
of
isolation
or
quarantine
imposed
16
for
a
specific
communicable
disease
shall
be
in
accordance
with
17
rules
adopted
by
the
department.
The
length
of
isolation
or
18
quarantine
shall
not
exceed
the
longest
usual
incubation
period
19
for
the
specific
communicable
disease.
20
Sec.
5.
Section
139A.8,
subsection
4,
paragraph
a,
21
subparagraph
(2),
Code
2026,
is
amended
to
read
as
follows:
22
(2)
The
applicant,
or
if
the
applicant
is
a
minor,
the
23
applicant’s
parent
or
legal
guardian,
submits
an
affidavit
24
signed
by
the
applicant,
or
if
the
applicant
is
a
minor,
25
the
applicant’s
parent
or
legal
guardian,
stating
that
the
26
immunization
conflicts
with
the
tenets
and
practices
of
a
27
recognized
sincerely
held
religious
denomination
beliefs
28
of
which
the
applicant
is
an
adherent
or
member
,
or
if
the
29
applicant
is
a
minor,
of
the
applicant’s
parent
or
legal
30
guardian
.
31
Sec.
6.
Section
139A.8,
subsection
4,
paragraph
b,
Code
32
2026,
is
amended
to
read
as
follows:
33
b.
The
exemptions
under
this
subsection
do
not
apply
in
34
times
of
emergency
or
epidemic
as
determined
and
declared
by
35
-5-
LSB
6866HV
(2)
91
ak/ko
5/
8
H.F.
2710
the
director.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
the
powers
and
duties
applicable
during
5
a
state
of
disaster
emergency
or
a
public
health
disaster
6
and
prohibits
the
governor’s
ability
to
regulate
religious
7
institutions
and
practices
during
these
emergencies.
8
The
bill
prohibits
the
governor
from
dictating
a
measure
in
9
a
proclamation
of
a
state
of
disaster
emergency
(proclamation)
10
that
unduly
interferes
with
operations
of
a
religious
11
institution
or
otherwise
impedes
an
individual’s
practice
of
12
religion.
“Religious
institution”
is
defined
in
the
bill.
13
Current
law
provides
that
a
state
of
disaster
emergency
14
shall
continue
for
30
days
unless
terminated
or
extended
by
15
the
governor.
The
general
assembly,
by
concurrent
resolution
16
when
in
session,
or
through
the
legislative
council
by
majority
17
vote
if
not
in
session,
may
rescind
the
proclamation.
Under
18
the
bill,
a
state
of
disaster
emergency
shall
continue
for
15
19
days
unless
rescinded,
extended,
or
amended
by
the
general
20
assembly,
any
initial
extension
of
the
proclamation
shall
not
21
exceed
15
days,
and
any
subsequent
extension
shall
not
exceed
22
15-day
increments.
The
bill
also
provides
that
if
the
general
23
assembly
is
not
in
session,
the
legislative
council
may,
by
24
majority
vote,
rescind,
extend,
or
amend
the
proclamation
only
25
once
and
the
extension
shall
not
exceed
15
days.
26
The
bill
places
certain
restrictions
on
measures
dictated
27
in
a
proclamation
relating
to
constitutional
rights,
religious
28
rights,
patient
rights,
operations
of
private
businesses,
29
voting
in
public
elections,
health-related
profession
licensing
30
and
prescribing
authority.
31
The
bill
provides
that
if
the
issuance
of
a
proclamation
is
32
a
precondition
to
an
exemption
under
federal
law,
or
an
action
33
or
inaction
by
the
federal
government,
the
restrictions
on
34
continuance,
rescission,
extension,
or
amendment
do
not
apply
35
-6-
LSB
6866HV
(2)
91
ak/ko
6/
8
H.F.
2710
to
the
proclamation.
1
Under
current
law,
HHS
can
take
or
order
certain
disease
2
prevention
actions
be
taken
during
a
public
health
disaster.
3
The
bill
instead
provides
that
the
department
may
only
4
recommend
vaccines
approved
by
the
United
States
food
and
5
drug
administration
and
not
reasonably
likely
to
lead
to
6
serious
harm
to
the
individual.
Under
the
bill,
HHS
may
only
7
recommend
physical
examinations,
testing,
and
the
collection
of
8
specimens
necessary
for
the
diagnosis
and
treatment
of
infected
9
individuals
and
not
reasonably
likely
to
harm
the
individual.
10
An
affected
individual
has
the
ultimate
authority
to
determine
11
whether
to
submit
to
the
department’s
recommendations,
and
12
shall
not
be
subject
to
undue
pressure
or
compulsion
to
submit.
13
Under
current
law,
during
a
public
health
disaster,
HHS
can
14
quarantine
or
isolate
certain
infected
individuals.
The
bill
15
instead
allows
HHS
to
isolate
certain
infected
individuals
for
16
a
period
not
to
exceed
the
longest
usual
incubation
period
for
17
the
specific
communicable
disease.
18
The
bill
provides
that
prior
to
administration
of
a
vaccine,
19
an
adult
or
the
parent
or
legal
representative
of
a
minor
20
receiving
the
vaccine
shall
be
provided
with
the
federal
21
vaccine
information
statement
and
verbally
informed
of
the
22
known
and
potential
benefits
and
risks
of
the
vaccine.
The
23
department
may
isolate
infected
individuals.
24
Under
current
law,
during
a
public
health
disaster,
HHS
25
can
order
exposed
or
infected
individuals
to
receive
certain
26
treatments
or
prophylaxis.
Under
the
bill,
HHS
may
only
27
recommend
that
exposed
or
infected
individuals
receive
28
treatment
or
prophylaxis
if
not
reasonably
likely
to
lead
to
29
serious
harm
to
the
individual.
The
infected
individual
has
30
the
ultimate
authority
to
determine
whether
to
submit
to
the
31
recommendation,
and
shall
not
be
subject
to
undue
pressure
or
32
compulsion
to
submit.
Under
current
law,
HHS
can
quarantine
33
or
isolate
infected
individuals
unwilling
to
undergo
treatment
34
or
prophylaxis.
Under
the
bill,
HHS
may
isolate
infected
35
-7-
LSB
6866HV
(2)
91
ak/ko
7/
8
H.F.
2710
individuals
unable
or
unwilling
to
undergo
treatment
or
1
prophylaxis.
2
The
bill
provides
that
the
type
and
length
of
isolation
or
3
quarantine
imposed
for
a
specific
communicable
disease
shall
be
4
in
accordance
with
rules
adopted
by
the
department,
and
that
5
the
length
of
the
isolation
or
quarantine
shall
not
exceed
the
6
longest
usual
incubation
period
for
the
specific
communicable
7
disease.
8
Under
current
law,
immunization
is
not
required
for
9
enrollment
in
an
elementary
or
secondary
school
or
licensed
10
child
care
center
if
a
person,
or,
if
the
person
is
a
minor,
the
11
minor’s
parent
or
guardian,
submits
an
affidavit
stating
that
12
the
immunization
conflicts
with
the
tenets
and
practices
of
a
13
recognized
religious
denomination
of
which
the
person
or
the
14
minor’s
parent
or
guardian
is
an
adherent
or
member.
Under
the
15
bill,
the
submitted
affidavit
shall
be
accepted
if
it
states
16
the
immunization
conflicts
with
the
sincerely
held
religious
17
beliefs
of
the
person
or,
if
the
person
is
a
minor,
the
beliefs
18
of
the
minor’s
parent
or
guardian.
19
The
bill
provides
that
if
a
child
is
exempt
from
vaccination,
20
the
exemption
applies
during
times
of
emergency
or
epidemic.
21
-8-
LSB
6866HV
(2)
91
ak/ko
8/
8