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Senate
File
2093
-
Introduced
SENATE
FILE
2093
BY
SALMON
A
BILL
FOR
An
Act
relating
to
powers
and
duties
applicable
to
state
of
1
disaster
emergencies
and
public
health
disasters.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
29C.6,
subsection
1,
Code
2026,
is
1
amended
to
read
as
follows:
2
1.
a.
After
finding
a
disaster
exists
or
is
threatened,
3
proclaim
a
state
of
disaster
emergency.
This
proclamation
4
shall
be
in
writing,
indicate
the
area
affected
and
the
facts
5
upon
which
it
is
based,
be
signed
by
the
governor,
and
be
6
filed
with
the
secretary
of
state.
If
the
state
of
disaster
7
emergency
specifically
constitutes
a
public
health
disaster
8
as
defined
in
section
135.140
,
the
written
proclamation
shall
9
include
a
statement
to
that
effect.
A
state
of
disaster
10
emergency
shall
continue
for
thirty
sixty
days,
unless
sooner
11
terminated
or
amended
by
the
governor.
It
may
be
extended
12
in
writing
by
the
governor
for
60
days
or
less
.
The
After
13
that,
the
general
assembly
may,
by
concurrent
resolution,
14
rescind
,
extend,
or
amend
this
proclamation.
Any
initial
15
extension
of
this
proclamation
by
the
general
assembly
shall
16
not
exceed
sixty
days,
and
any
subsequent
extension
shall
not
17
exceed
sixty-day
increments.
If
the
general
assembly
is
not
18
in
session,
the
legislative
council
may,
by
majority
vote,
19
rescind
,
extend,
or
amend
this
proclamation
only
once
and
the
20
extension
shall
not
exceed
sixty
days
.
Rescission
Following
21
any
rescission,
extension,
or
amendment
of
this
proclamation
22
by
the
legislative
council,
any
additional
action
may
only
be
23
taken
by
the
general
assembly.
Any
rescission,
extension,
or
24
amendment
shall
be
effective
upon
the
filing
of
the
concurrent
25
resolution
or
resolution
of
the
legislative
council
with
the
26
secretary
of
state.
A
proclamation
of
disaster
emergency
shall
27
activate
the
disaster
response
and
recovery
aspect
of
the
28
state,
local,
and
interjurisdictional
disaster
emergency
plans
29
applicable
to
the
political
subdivision
or
area
in
question
and
30
be
authority
for
the
deployment
and
use
of
any
forces
to
which
31
the
plan
applies,
and
for
use
or
distribution
of
any
supplies,
32
equipment,
and
materials
and
facilities
assembled,
stockpiled,
33
or
arranged
to
be
made
available.
34
b.
A
measure
dictated
in
a
state
of
disaster
emergency
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proclamation
shall
not
do
any
of
the
following:
1
(1)
Infringe
on
a
fundamental
constitutionally
protected
2
right
unless
the
measure
is
justified
by
a
compelling
state
3
interest,
is
narrowly
tailored
to
achieve
its
specific
purpose,
4
and
is
achieved
by
the
least
restrictive
means
possible.
5
(2)
Restrict
rights,
interests,
or
activities
in
a
manner
6
that
is
not
neutral
or
generally
applicable.
7
(3)
Prohibit
in-person
interactions
between
religious
8
leaders
or
individuals
who
are
related
by
consanguinity
or
9
affinity
with
patients
or
residents
of
hospitals
or
health
care
10
facilities.
11
(4)
Authorize
the
use
of
mobile,
cellular,
or
any
other
12
digital
technologies
to
track
or
surveil
persons
without
13
providing
prior
notice
to
and
receiving
consent
from
such
14
persons.
The
consent
request
regarding
the
specific
terms
of
15
surveillance
shall
be
presented
as
a
separate
request
and
not
16
combined
with
any
other
terms
requiring
consent.
17
(5)
Authorize
the
use
of
any
drones,
unmanned
18
aerial
vehicles,
advanced
robotics,
or
any
artificial
19
intelligence-based
systems
to
enforce
the
proclamation.
20
(6)
Restrict
the
practice
of
a
person
holding
a
valid
21
license
to
practice
a
health-related
profession
regulated
22
by
a
board
designated
pursuant
to
section
147.13
or
by
the
23
department
of
inspections,
appeals,
and
licensing,
or
restrict
24
the
scope
of
service
delivery
of
a
hospital,
clinic,
or
25
health
care
professional
if
the
person
or
entity
is
otherwise
26
practicing
within
the
scope
of
a
valid
license.
27
(7)
Allow
a
board
designated
pursuant
to
section
147.13
to
28
restrict
the
prescribing
authority
of
a
licensed
health-related
29
professional
in
a
way
that
acts
as
a
deterrent
for
the
30
professional
to
prescribe
a
medication
or
treatment
in
31
accordance
with
the
professional’s
best
professional
judgment.
32
(8)
Require
identification
and
monitoring
of
persons
33
who
may
be
at
risk
of
contracting
a
contagious
or
infectious
34
disease
by
virtue
of
contact
with
a
contagious
person
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in
a
manner
consistent
with
known
or
suspected
modes
1
of
transmission;
require
a
person
to
comply
with
such
2
identification
and
monitoring
efforts
including
efforts
that
3
infringe
on
a
person’s
freedom
of
association;
or
establish,
4
authorize,
or
enforce
penalties
for
a
person’s
refusal
to
5
participate
in
the
identification
and
monitoring
efforts.
6
Sec.
2.
Section
135.144,
subsections
3,
5,
6,
7,
and
8,
Code
7
2026,
are
amended
to
read
as
follows:
8
3.
Take
reasonable
measures
as
necessary
to
prevent
the
9
transmission
of
infectious
disease
and
to
ensure
that
all
cases
10
of
communicable
disease
are
properly
identified,
controlled,
11
and
treated.
However,
such
reasonable
measures
shall
not
12
include
requiring
monitoring
of
persons
who
may
be
at
risk
of
13
contracting
a
contagious
or
infectious
disease
by
virtue
of
14
contact
with
a
contagious
person
in
a
manner
consistent
with
15
known
or
suspected
modes
of
transmission;
requiring
a
person
16
to
comply
with
identification
and
monitoring
efforts
including
17
efforts
that
infringe
on
a
person’s
freedom
of
association;
18
or
establishing,
authorizing,
or
enforcing
penalties
for
a
19
person’s
refusal
to
participate
in
the
identification
and
20
monitoring
efforts
including
efforts
that
infringe
on
a
21
person’s
freedom
of
association.
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
in
determining
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
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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
4
to
public
health.
The
length
of
isolation
shall
not
exceed
5
the
longest
usual
period
of
communicability
for
the
specific
6
communicable
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
in
determining
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
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serious
harm
to
the
affected
infected
individual.
The
infected
1
individual
has
the
ultimate
authority
in
determining
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.
3.
Section
135.144,
Code
2026,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
14.
Provide
a
link
on
the
department’s
16
internet
site
for
qualified
individuals
to
submit
17
evidence-based
information
regarding
a
public
health
emergency
18
or
public
health
disaster
and
for
members
of
the
public
to
19
share
their
experiences.
The
department
shall
adopt
rules
20
pursuant
to
chapter
17A
to
administer
this
subsection,
21
including
the
criteria
a
qualified
individual
must
meet
to
22
participate.
23
Sec.
4.
Section
139A.4,
subsection
1,
Code
2026,
is
amended
24
to
read
as
follows:
25
1.
The
type
and
length
of
isolation
or
quarantine
imposed
26
for
a
specific
communicable
disease
shall
be
in
accordance
27
with
rules
adopted
by
the
department.
The
length
of
isolation
28
or
quarantine
shall
not
exceed
the
longest
usual
period
of
29
communicability
for
the
specific
communicable
disease.
30
Sec.
5.
Section
139A.8,
subsection
4,
paragraph
a,
31
subparagraph
(2),
Code
2026,
is
amended
to
read
as
follows:
32
(2)
The
applicant,
or
if
the
applicant
is
a
minor,
the
33
applicant’s
parent
or
legal
guardian,
submits
an
affidavit
34
signed
by
the
applicant,
or
if
the
applicant
is
a
minor,
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the
applicant’s
parent
or
legal
guardian,
stating
that
the
1
immunization
conflicts
with
the
tenets
and
practices
of
a
2
recognized
sincerely
held
religious
denomination
beliefs
3
of
which
the
applicant
is
an
adherent
or
member
,
or
if
the
4
applicant
is
a
minor,
of
the
applicant’s
parent
or
legal
5
guardian
.
6
Sec.
6.
Section
139A.8,
subsection
4,
paragraph
b,
Code
7
2026,
is
amended
to
read
as
follows:
8
b.
The
exemptions
under
this
subsection
do
not
apply
in
9
times
of
emergency
or
epidemic
as
determined
and
declared
by
10
the
director.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
duties
and
powers
relative
to
emergency
15
situations
including
a
state
of
disaster
emergency
and
a
public
16
health
disaster.
17
The
bill
amends
provisions
relating
to
the
proclamation
18
of
a
state
of
disaster
emergency
by
the
governor
under
Code
19
chapter
29C
(emergency
management
and
security).
Current
law
20
provides
that
a
state
of
disaster
emergency
shall
continue
for
21
30
days
unless
terminated
or
extended
by
the
governor
and
that
22
the
general
assembly,
by
concurrent
resolution
when
in
session
23
or
through
the
legislative
council
by
majority
vote
if
not
in
24
session,
may
rescind
the
proclamation.
Under
the
bill,
a
state
25
of
disaster
emergency
shall
continue
for
60
days
unless
sooner
26
terminated
or
amended
by
the
governor.
The
proclamation
may
27
be
extended
in
writing
by
the
governor
for
60
days
or
less.
28
After
that,
any
initial
extension
of
the
proclamation
through
29
a
concurrent
resolution
of
the
general
assembly
shall
not
30
exceed
60
days,
and
any
subsequent
extension
shall
not
exceed
31
60-day
increments.
The
bill
also
provides
that
if
the
general
32
assembly
is
not
in
session,
the
legislative
council
may,
by
33
majority
vote,
rescind,
extend,
or
amend
this
proclamation
only
34
once
and
the
extension
shall
not
exceed
60
days.
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As
described
in
the
bill,
a
measure
dictated
in
a
state
of
1
disaster
emergency
proclamation
shall
have
certain
restrictions
2
relating
to
constitutional
rights,
religious
rights,
patient
3
rights,
surveillance,
health-related
profession
licensing
and
4
prescribing
authority,
and
disease
contraction
monitoring.
5
The
bill
amends
the
duties
of
the
department
of
health
and
6
human
services
(HHS
or
the
department)
relative
to
a
public
7
health
disaster
under
Code
chapter
135
(department
of
health
8
and
human
services
——
public
health).
The
bill
provides
9
that
the
reasonable
measures
taken
by
HHS
to
prevent
the
10
transmission
of
infectious
disease
and
to
ensure
that
all
cases
11
of
communicable
disease
are
properly
identified,
controlled,
12
and
treated
shall
not
include
requiring
monitoring
of
a
person
13
at
risk
of
contracting
a
contagious
or
infectious
disease
14
through
contact
with
a
contagious
person
or
requiring
a
person
15
to
comply
with
identification
and
monitoring
efforts.
16
The
department
may
recommend,
but
not
order,
physical
17
examinations,
testing,
and
the
collection
of
specimens
18
necessary
for
the
diagnosis
and
treatment
of
individuals.
An
19
affected
individual
has
the
ultimate
authority
to
determine
20
whether
to
submit
to
the
department’s
recommendations,
and
21
shall
not
be
subject
to
undue
pressure
or
compulsion
to
submit.
22
The
department
may
isolate
infected
individuals
who
refuse
a
23
physical
examination
or
testing
and
who
pose
a
danger
to
public
24
health.
The
length
of
isolation
shall
not
exceed
the
longest
25
usual
period
of
communicability
for
the
specific
communicable
26
disease.
27
The
department
may
recommend
a
vaccine
approved
by
the
28
United
States
food
and
drug
administration
as
safe
and
29
effective,
but
not
vaccinate
or
order
that
individuals
be
30
vaccinated
against
an
infectious
disease
or
to
prevent
the
31
spread
of
communicable
or
potentially
communicable
disease.
32
Prior
to
administration
of
a
vaccine,
an
adult
or
the
parent
33
or
legal
representative
of
a
minor
receiving
the
vaccine
shall
34
be
provided
with
the
federal
vaccine
information
statement
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and
verbally
informed
of
the
known
and
potential
benefits
and
1
risks
of
the
vaccine.
Vaccination
shall
not
be
recommended
if
2
it
is
reasonably
likely
to
lead
to
serious
harm.
An
affected
3
individual
has
the
ultimate
authority
to
determine
whether
to
4
submit
to
the
recommended
vaccination,
and
shall
not
be
subject
5
to
undue
pressure
or
compulsion
to
submit.
The
department
may
6
isolate
infected
individuals.
7
The
department
may
recommend,
but
not
treat
or
order,
8
individuals
infected
with
disease
receive
treatment
or
9
prophylaxis.
Treatment
or
prophylaxis
shall
not
be
recommended
10
if
the
treatment
or
prophylaxis
is
reasonably
likely
to
lead
11
to
serious
harm.
The
infected
individual
has
the
ultimate
12
authority
to
determine
whether
to
submit
to
the
recommendation,
13
and
shall
not
be
subject
to
undue
pressure
or
compulsion
to
14
submit.
The
department
may
isolate
individuals
infected
with
15
disease
who
are
unable
or
unwilling
to
undergo
treatment
or
16
prophylaxis.
17
The
department
may
isolate
infected
individuals
or
groups
of
18
individuals
in
accordance
with
Code
chapter
139A
(communicable
19
and
infectious
diseases
and
poisonings)
and
the
subchapter
of
20
Code
chapter
135
relating
to
disaster
preparedness.
21
The
bill
requires
the
department
to
provide
a
link
on
the
22
department’s
internet
site
for
qualified
individuals
to
submit
23
evidence-based
information
regarding
a
public
health
emergency
24
or
public
health
disaster
and
for
members
of
the
public
to
25
share
their
experiences.
The
department
shall
adopt
rules
to
26
administer
this
provision,
including
the
criteria
a
qualified
27
individual
must
meet
to
participate.
28
The
bill
provides
that
the
type
and
length
of
isolation
or
29
quarantine
imposed
for
a
specific
communicable
disease
shall
be
30
in
accordance
with
rules
adopted
by
the
department,
and
that
31
the
length
of
the
isolation
or
quarantine
shall
not
exceed
32
the
longest
usual
period
of
communicability
for
the
specific
33
communicable
disease.
34
Under
current
law,
immunization
is
not
required
for
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enrollment
in
an
elementary
or
secondary
school
or
licensed
1
child
care
center
if
a
person,
or,
if
the
person
is
a
minor,
the
2
minor’s
parent
or
guardian,
submits
an
affidavit
stating
that
3
the
immunization
conflicts
with
the
tenets
and
practices
of
a
4
recognized
religious
denomination
of
which
the
person
or
the
5
minor’s
parent
or
guardian
is
an
adherent
or
member.
Under
the
6
bill,
the
submitted
affidavit
shall
be
accepted
if
it
states
7
the
immunization
conflicts
with
the
sincerely
held
religious
8
beliefs
of
the
person
or,
if
the
person
is
a
minor,
the
beliefs
9
of
the
minor’s
parent
or
guardian.
10
The
bill
provides
that
if
a
child
is
exempt
from
vaccination,
11
the
exemption
applies
during
times
of
emergency
or
epidemic.
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