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Senate
File
180
-
Introduced
SENATE
FILE
180
BY
ALONS
A
BILL
FOR
An
Act
relating
to
the
right
to
refuse
certain
medical
services
1
for
reasons
of
conscience.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
139A.27
Medical
service
refusal
1
——
reasons
of
conscience.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Medical
service”
means
a
biologic,
vaccine,
drug,
5
pharmaceutical,
medical
device,
gene
therapy,
DNA-based
6
product,
or
RNA-based
product.
7
b.
“Political
subdivision”
means
the
same
as
defined
in
8
section
145A.2.
9
c.
“Public
official”
means
an
officer,
employee,
or
duly
10
authorized
agent
or
representative
or
a
state
agency
or
11
political
subdivision,
agency,
board,
commission,
office,
12
department,
institution,
division,
bureau,
or
other
entity
of
13
state
government.
14
2.
If
a
medical
service
has
been
declared
a
countermeasure
15
under
the
federal
Public
Readiness
and
Emergency
Preparedness
16
Act,
as
amended,
or
the
United
States
food
and
drug
17
administration
has
issued
an
emergency
use
authorization
for
18
a
medical
service,
an
individual,
for
reasons
of
conscience
19
including
but
not
limited
to
religious
convictions,
may
refuse
20
the
medical
service.
21
3.
If
an
individual
refuses
a
medical
service
pursuant
22
to
subsection
2,
a
business,
employer,
health
care
provider,
23
person,
political
subdivision,
public
official,
or
other
entity
24
shall
not
do
the
following:
25
a.
Deny
an
individual
employment
or
terminate
the
26
individual’s
employment.
27
b.
Deny
the
individual
a
service,
including
a
public
28
service.
29
c.
Deny
the
individual
access
to
commerce.
30
d.
Segregate
the
individual.
31
e.
Penalize
the
individual
or
use
financial
coercion
against
32
the
individual.
33
f.
Discriminate
against
the
individual,
including
imposing
a
34
requirement
or
burden.
35
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4.
If
a
business,
employer,
health
care
provider,
person,
1
political
subdivision,
public
official,
or
other
entity
2
violates
subsection
3,
an
individual
who
is
negatively
affected
3
by
the
violation
may
bring
a
civil
action
for
injunctive
4
relief,
declaratory
judgment,
and
damages
against
the
entity.
5
In
a
petition
for
injunctive
relief
or
declaratory
judgment,
6
the
court
may
award
reasonable
attorney
fees
and
court
costs.
7
In
a
civil
action
for
damages,
the
court
may
award
court
costs,
8
reasonable
attorney
fees,
and
treble
damages
or
two
hundred
9
dollars,
whichever
is
greater.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
an
individual’s
right
to
refuse
medical
14
services
for
reasons
of
conscience.
15
The
bill
provides
that
if
a
medical
service
is
declared
16
a
countermeasure
under
the
federal
Public
Readiness
and
17
Emergency
Preparedness
Act,
or
the
United
States
food
and
drug
18
administration
issues
an
emergency
use
authorization
for
a
19
medical
service,
an
individual
may
refuse
the
medical
service
20
for
reasons
of
conscience,
including
religious
convictions.
21
If
an
individual
refuses
a
medical
service,
then
an
entity
as
22
described
in
the
bill
is
prohibited
from
taking
certain
actions
23
relating
to
employment,
receipt
of
services
and
commerce,
24
segregation,
penalties,
financial
coercion,
and
discrimination.
25
If
an
entity
violates
the
bill,
an
individual
negatively
26
affected
by
the
violation
may
bring
a
civil
action
against
27
the
entity
for
injunctive
relief,
declaratory
judgment,
and
28
damages.
The
bill
provides
for
the
types
of
relief
a
court
may
29
award
an
individual.
30
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