Read the full stored bill text
Senate
File
2211
-
Introduced
SENATE
FILE
2211
BY
SALMON
A
BILL
FOR
An
Act
relating
to
the
Iowa
medical
freedom
Act,
including
1
limitations
on
requiring
medical
interventions
by
2
businesses,
governmental
entities,
and
educational
3
institutions,
modifying
state
authority
during
public
health
4
disasters,
and
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
27C.2,
Code
2026,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
27C.2
Medical
intervention
status
——
liability.
3
1.
For
purposes
of
this
section:
4
a.
“Business”
means
any
sole
proprietorship,
organization,
5
association,
corporation,
partnership,
joint
venture,
limited
6
partnership,
limited
liability
partnership,
limited
liability
7
company,
or
other
entity
or
business
association,
including
8
retail
establishments
where
goods
and
services
are
sold
or
are
9
authorized
to
transact
business
in
this
state
and
possess
a
10
business
license,
permit,
certificate,
approval,
registration,
11
charter,
or
similar
form
of
authorization
issued
by
the
state
12
or
any
entity
exempt
by
law
from
obtaining
a
business
license
13
or
that
is
operating
unlawfully
without
a
business
license.
14
b.
“Educational
institution”
means
all
of
the
following:
15
(1)
A
school
district
as
described
in
chapter
274
and
the
16
school
district’s
board
of
directors.
17
(2)
A
charter
school
established
pursuant
to
chapter
256E
18
and
the
charter
school’s
governing
board.
19
(3)
A
charter
school
or
innovation
zone
school
established
20
pursuant
to
chapter
256F
and
the
authorities
in
charge
of
the
21
charter
school
or
innovation
zone
school.
22
(4)
A
nonpublic
school
accredited
pursuant
to
section
23
256.11
and
the
authorities
in
charge
of
the
nonpublic
school.
24
(5)
An
institution
of
higher
education
governed
by
the
state
25
board
of
regents
and
the
state
board
of
regents.
26
(6)
A
community
college
as
defined
in
section
260C.2
and
the
27
community
college’s
board
of
directors.
28
(7)
An
accredited
private
institution
as
defined
in
section
29
256.183
and
the
accredited
private
institution’s
governing
30
board.
31
(8)
An
eligible
institution
as
defined
in
section
256.183
32
and
the
eligible
institution’s
governing
board.
33
c.
“Foreign
jurisdiction”
means
any
state,
commonwealth,
34
country,
territory,
or
nation
outside
the
state
of
Iowa.
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d.
“Governmental
entity”
means
any
state,
county,
municipal,
1
or
local
government,
or
any
political
subdivision
thereof,
2
including
but
not
limited
to
any
department,
agency,
authority,
3
commission,
board,
council,
committee,
office,
task
force,
4
working
group,
or
other
body
established
by
or
under
the
5
authority
of
the
laws
of
such
government
or
subdivision.
6
e.
“Medical
intervention”
means
a
health
care
procedure,
7
treatment,
device,
drug
injection,
medication,
biologic,
or
8
action
taken
to
diagnose,
prevent,
maintain,
or
treat
the
9
health
or
biological
function
of
a
person.
10
f.
“Ticket
issuer”
means
a
person,
including
but
not
limited
11
to
venues,
promoters,
sports
teams,
performers,
and
their
12
agents,
who
provides
or
distributes
tickets
to
an
entertainment
13
or
public
event.
14
2.
A
business
operating
or
transacting
in
the
state
shall
15
not
refuse
to
provide
any
service,
product,
admission
to
a
16
venue,
or
transportation
to
a
person
based
on
whether
the
17
person
has
received
a
medical
intervention.
18
3.
a.
A
business
operating
or
transacting
in
the
state
19
shall
not
require
a
medical
intervention
as
a
term
of
20
employment
except
as
provided
in
paragraph
“b”
.
21
b.
A
business
that
has
an
employee
whose
terms
of
employment
22
include
travel
to
foreign
jurisdictions
that
require
a
medical
23
intervention
as
the
only
means
of
entry,
or
where
the
terms
24
of
employment
require
entry
into
a
place
of
business
or
25
facility
in
a
foreign
jurisdiction
and
such
place
of
business
26
or
facility
requires
a
medical
intervention
as
the
only
means
27
of
entry,
may
require
a
medical
intervention
as
a
term
of
28
employment
as
long
as
the
business:
29
(1)
If
the
business
and
employee
have
a
written
employment
30
contract,
includes
the
medical
intervention
requirement
in
the
31
written
contract.
32
(2)
In
the
absence
of
a
written
employment
contract,
33
provides
advance
written
notice
to
an
employee
no
less
than
34
fourteen
days
prior
to
requiring
the
employee
to
travel
to
a
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foreign
jurisdiction
that
requires
a
medical
intervention
as
1
the
only
means
of
entry,
or
to
enter
a
business
or
facility
in
2
a
foreign
jurisdiction
that
requires
medical
intervention
as
3
the
only
means
of
entry.
4
c.
A
business
described
in
paragraph
“b”
shall
not
impose
5
a
surcharge
or
wage
reduction,
or
discriminate
against
a
6
person
in
compensation
or
in
term,
condition,
or
privilege
of
7
employment
based
on
the
employee’s
willingness
to
receive
a
8
medical
intervention.
9
4.
A
ticket
issuer
shall
not
penalize,
discriminate
10
against,
or
deny
a
person
access
to
an
entertainment
or
public
11
event
based
on
whether
the
person
has
received
a
medical
12
intervention.
13
5.
a.
An
educational
institution
shall
not
mandate
a
14
medical
intervention
for
any
person
to
attend
the
educational
15
institution,
enter
the
educational
institution
campus
or
16
buildings,
or
be
employed
by
the
educational
institution
except
17
as
provided
by
paragraph
“b”
.
18
b.
An
educational
institution
that
has
an
employee
whose
19
terms
of
employment
include
travel
to
foreign
jurisdictions
20
that
require
a
medical
intervention
as
the
only
means
of
entry,
21
or
where
the
terms
of
employment
require
entry
into
a
place
of
22
business
or
facility
in
a
foreign
jurisdiction
and
such
place
23
of
business
or
facility
requires
a
medical
intervention
as
the
24
only
means
of
entry,
may
require
a
medical
intervention
as
a
25
term
of
employment
as
long
as
the
educational
institution:
26
(1)
If
the
educational
institution
and
employee
have
a
27
written
employment
contract,
includes
the
medical
intervention
28
requirement
in
the
written
contract.
29
(2)
In
the
absence
of
a
written
employment
contract,
30
provides
advance
written
notice
to
an
employee
no
less
than
31
fourteen
days
prior
to
requiring
the
employee
to
travel
to
a
32
foreign
jurisdiction
that
requires
a
medical
intervention
as
33
the
only
means
of
entry,
or
to
enter
a
business
or
facility
in
34
a
foreign
jurisdiction
that
requires
medical
intervention
as
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the
only
means
of
entry.
1
6.
a.
A
governmental
entity
shall
not
require
any
person
2
to
receive
a
medical
intervention
for
any
purpose,
including
3
but
not
limited
to:
4
(1)
Receipt
of
any
government
benefit.
5
(2)
Receipt
of
any
government
services.
6
(3)
Receipt
of
any
government-issued
license
or
permit.
7
(4)
Entrance
or
use
of
any
public
buildings,
facilities,
8
infrastructure,
or
transportation.
9
(5)
A
term
of
employment,
except
as
provided
by
paragraph
10
“b”
.
11
b.
A
governmental
entity
that
has
an
employee
whose
terms
of
12
employment
include
travel
to
foreign
jurisdictions
that
require
13
a
medical
intervention
as
the
only
means
of
entry,
or
where
the
14
terms
of
employment
require
entry
into
a
place
of
business
or
15
facility
in
a
foreign
jurisdiction
and
such
place
of
business
16
or
facility
requires
a
medical
intervention
as
the
only
means
17
of
entry,
may
require
a
medical
intervention
as
a
term
of
18
employment
as
long
as
the
governmental
entity:
19
(1)
If
the
governmental
entity
and
employee
have
a
written
20
employment
contract,
includes
the
medical
intervention
21
requirement
in
the
written
contract.
22
(2)
In
the
absence
of
a
written
employment
contract,
23
provides
advance
written
notice
to
an
employee
no
less
than
24
fourteen
days
prior
to
requiring
the
employee
to
travel
to
a
25
foreign
jurisdiction
that
requires
a
medical
intervention
as
26
the
only
means
of
entry,
or
to
enter
a
business
or
facility
in
27
a
foreign
jurisdiction
that
requires
medical
intervention
as
28
the
only
means
of
entry.
29
7.
a.
A
business,
educational
institution,
or
governmental
30
entity
shall
not
provide
any
different
salary,
hourly
wage,
31
or
other
ongoing
compensation,
treatment,
or
benefits
to
an
32
employee
based
on
whether
the
employee
has
received
a
medical
33
intervention.
However,
a
business,
educational
institution,
34
or
governmental
entity
may
offer
a
one-time
incentive
related
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to
medical
interventions
that
do
not
result
in
any
different
1
salary,
hourly
wage,
or
ongoing
compensation
or
benefits
being
2
provided
to
an
employee
based
on
whether
the
employee
receives
3
a
medical
intervention.
4
b.
A
business,
educational
institution,
or
governmental
5
entity
may
release
employees
from
work
for
the
purpose
of
6
receiving
a
medical
intervention.
7
8.
A
healthy
person
shall
not
be
excluded
from
a
public
8
or
private
activity
based
on
whether
the
person
has
received
9
a
medical
intervention.
10
9.
a.
A
business,
educational
institution,
or
governmental
11
entity
may
require
personal
protective
equipment
as
part
of
12
occupational
safety
standards,
provided
such
requirements
13
are
consistent
with
adopted
federal
and
state
workplace
and
14
occupational
safety
regulations,
and
do
not
discriminate
based
15
on
whether
a
person
has
received
a
medical
intervention.
16
b.
Notwithstanding
paragraph
“a”
,
a
person
shall
not
be
17
compelled
to
wear,
use,
or
otherwise
be
subjected
to
personal
18
protective
equipment
intended
for
a
specific
purpose
that
is
19
authorized
solely
by
emergency
use
authorization
under
the
20
Federal
Food,
Drug,
and
Cosmetic
Act,
pursuant
to
21
U.S.C.
21
§360bbb-3
et
seq.
22
10.
The
attorney
general
or
a
county
attorney
for
the
23
county
where
an
alleged
violation
occurs
may
institute
a
civil
24
action
to
enforce
the
provisions
of
this
section.
If
a
court
25
determines
a
business,
ticket
issuer,
educational
institution,
26
or
governmental
entity
has
violated
this
section,
the
attorney
27
general
or
county
attorney,
as
applicable,
shall
be
awarded
28
attorney
fees
and
costs
incurred
in
pursuing
the
enforcement
29
action.
30
11.
Each
appropriate
state
agency
shall
ensure
that
a
31
business,
educational
institution,
or
governmental
entity
32
in
this
state
complies
with
this
section
as
a
condition
of
33
obtaining
a
license,
permit,
or
other
state
authorization
as
34
necessary
to
conduct
business
in
this
state.
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12.
This
section
shall
not
be
construed
to
prohibit
1
compliance
with
child
welfare
laws.
2
13.
The
provisions
of
this
section
shall
apply
at
all
times
3
and
shall
not
be
suspended,
nullified,
or
otherwise
disregarded
4
during
any
declared
emergency,
public
health
crisis,
or
state
5
of
emergency
issued
by
any
local,
state,
or
federal
agency,
6
including
pursuant
to
section
29C.6.
7
Sec.
2.
Section
96.7,
subsection
12,
Code
2026,
is
amended
8
by
striking
the
subsection.
9
Sec.
3.
Section
135.144,
subsections
5
and
6,
Code
2026,
are
10
amended
by
striking
the
subsections.
11
Sec.
4.
Section
135.144,
subsections
7
and
8,
Code
2026,
are
12
amended
to
read
as
follows:
13
7.
Treat
or
order
that
individuals
exposed
to
or
infected
14
with
disease
receive
treatment
or
prophylaxis.
Treatment
15
or
prophylaxis
shall
be
administered
by
any
qualified
16
person
authorized
to
do
so
by
the
department.
Treatment
or
17
prophylaxis
shall
not
be
provided
or
ordered
if
the
treatment
18
or
prophylaxis
is
reasonably
likely
to
lead
to
serious
harm
to
19
the
affected
individual.
To
prevent
the
spread
of
communicable
20
or
potentially
communicable
disease,
the
department
may
21
isolate
or
quarantine,
pursuant
to
chapter
139A
and
the
rules
22
implementing
chapter
139A
and
this
subchapter
,
any
individual
23
who
is
infected
with
disease
and
unable
or
unwilling
to
24
undergo
treatment
or
prophylaxis
pursuant
to
this
section
.
25
The
department
may
recommend
an
individual
exposed
to
disease
26
receive
treatment,
isolate,
or
quarantine.
27
8.
Isolate
or
quarantine
individuals
or
groups
of
28
individuals
pursuant
to
chapter
139A
and
the
rules
implementing
29
chapter
139A
and
this
subchapter
subsection
7
.
30
Sec.
5.
Section
239B.12,
Code
2026,
is
amended
to
read
as
31
follows:
32
239B.12
Immunization.
33
1.
To
the
extent
feasible,
the
department
shall
determine
34
the
immunization
status
of
children
receiving
assistance
under
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this
chapter
.
The
status
shall
be
determined
in
accordance
1
with
the
immunization
recommendations
adopted
under
section
2
139A.8
,
including
the
exemption
provisions
in
section
139A.8,
3
subsection
4
.
If
the
department
determines
a
child
is
not
4
in
compliance
with
the
immunization
recommendations,
the
5
department
shall
refer
the
child’s
parent
or
guardian
to
a
6
local
public
health
agency
for
immunization
services
for
the
7
child
and
other
members
of
the
child’s
family.
8
2.
The
department
shall
to
determine
immunization
rates
9
of
participants
,
evaluate
family
investment
program
efforts
10
to
encourage
immunizations,
and
develop
strategies
to
further
11
encourage
immunization
of
participants
.
12
Sec.
6.
Section
256.7,
subsection
15,
Code
2026,
is
amended
13
by
striking
the
subsection.
14
Sec.
7.
Section
299.4,
subsection
1,
Code
2026,
is
amended
15
to
read
as
follows:
16
1.
The
parent,
guardian,
or
legal
custodian
of
a
child
17
who
is
of
compulsory
attendance
age,
who
places
the
child
18
under
competent
private
instruction
under
section
299A.2
,
not
19
in
an
accredited
school
or
a
home
school
assistance
program
20
operated
by
a
school
district
or
accredited
nonpublic
school,
21
shall
furnish
a
report
in
duplicate
on
forms
provided
by
the
22
public
school
district,
to
the
district
by
September
1
of
the
23
school
year
in
which
the
child
will
be
under
competent
private
24
instruction.
The
secretary
shall
retain
and
file
one
copy
25
and
forward
the
other
copy
to
the
district’s
area
education
26
agency.
The
report
shall
state
the
name
and
age
of
the
child,
27
the
period
of
time
during
which
the
child
has
been
or
will
be
28
under
competent
private
instruction
for
the
year,
an
outline
29
of
the
course
of
study,
texts
used,
and
the
name
and
address
30
of
the
instructor.
The
parent,
guardian,
or
legal
custodian
31
of
a
child,
who
is
placing
the
child
under
competent
private
32
instruction
for
the
first
time,
shall
also
provide
the
district
33
with
evidence
that
the
child
has
had
the
immunizations
required
34
under
section
139A.8
,
and
,
if
the
child
is
elementary
school
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age,
a
blood
lead
test
in
accordance
with
section
135.105D
.
1
The
term
“outline
of
course
of
study”
shall
include
subjects
2
covered,
lesson
plans,
and
time
spent
on
the
areas
of
study.
3
Sec.
8.
REPEAL.
Chapter
94,
Code
2026,
is
repealed.
4
Sec.
9.
REPEAL.
Sections
96.5A,
139A.8,
and
237A.3C,
Code
5
2026,
are
repealed.
6
Sec.
10.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
shall
amend
7
the
title
of
chapter
27C,
Code
2026,
to
read
“Iowa
Medical
8
Freedom
Act”.
9
Sec.
11.
SEVERABILITY.
The
provisions
of
this
Act
are
10
severable
pursuant
to
section
4.12.
11
Sec.
12.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
12
immediate
importance,
takes
effect
upon
enactment.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
the
Iowa
medical
freedom
Act.
17
The
bill
amends
Code
chapter
27C
(proof
of
vaccination
for
18
COVID-19).
The
bill
strikes
current
provisions
prohibiting
the
19
required
furnishing
of
proof
of
a
vaccination
for
COVID-19
and
20
the
prohibition
against
the
awarding
or
renewal
of
grants
or
21
contracts
funded
by
state
revenue
to
a
business
or
government
22
entity
that
violates
the
provision.
23
The
bill
instead
broadens
the
scope
beyond
furnishing
proof
24
of
having
received
a
vaccination
for
COVID-19,
and
prohibits
25
the
discrimination
of
a
person
based
on
whether
the
person
has
26
received
a
medical
intervention.
A
“medical
intervention”
is
27
defined
as
a
health
care
procedure,
treatment,
device,
drug
28
injection,
medication,
biologic,
or
action
taken
to
diagnose,
29
prevent,
maintain,
or
treat
the
health
or
biological
function
30
of
a
person.
31
The
bill
prohibits
a
business
from
refusing
to
provide
32
a
person
a
service,
product,
admission
to
a
venue,
or
33
transportation
based
on
whether
the
person
has
received
a
34
medical
intervention.
A
business
is
also
prohibited
from
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requiring
medical
intervention
as
a
term
of
employment,
unless
1
the
business
provides
the
employee
notice
as
described
in
the
2
bill.
The
bill
prohibits
a
business
from
imposing
a
surcharge
3
or
wage
reduction,
or
from
discriminating
against
a
person
in
4
compensation
or
in
term,
condition,
or
privilege
or
employment
5
based
on
the
employee’s
willingness
to
receive
a
medical
6
intervention.
7
The
bill
prohibits
a
ticket
issuer
from
penalizing,
8
discriminating
against,
or
denying
a
person
access
to
an
9
entertainment
or
public
event
based
on
whether
the
person
has
10
received
a
medical
intervention.
11
The
bill
prohibits
an
educational
institution
from
mandating
12
a
medical
intervention
for
any
person
to
attend,
enter,
or
be
13
employed
by
the
educational
institution,
unless
the
educational
14
institution
provides
an
employee
with
notice
as
described
in
15
the
bill.
16
The
bill
prohibits
a
governmental
entity
from
requiring
17
any
person
to
receive
a
medical
intervention.
A
governmental
18
entity
may
require
an
employee
to
receive
a
medical
19
intervention
if
the
governmental
entity
provides
notice
to
the
20
employee
as
described
in
the
bill.
21
The
bill
prohibits
a
business,
educational
institution,
22
or
governmental
entity
from
providing
any
different
ongoing
23
compensation,
treatment,
or
benefits
to
an
employee
based
on
24
whether
the
employee
has
received
a
medical
intervention.
A
25
business,
educational
institution,
or
governmental
entity
may
26
offer
a
one-time
incentive
related
to
medical
interventions
27
that
do
not
result
in
any
different
ongoing
compensation
or
28
benefits
being
provided
to
an
employee
based
on
whether
the
29
employee
receives
a
medical
intervention.
30
The
bill
prohibits
a
healthy
person
from
being
excluded
from
31
a
public
or
private
activity
based
on
whether
the
person
has
32
received
a
medical
intervention.
33
The
bill
provides
that
a
business,
educational
institution,
34
or
governmental
entity
may
require
personal
protective
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equipment
as
part
of
occupational
safety
standards
if
certain
1
requirements
are
met.
The
bill
prohibits
a
person
from
being
2
compelled
to
wear
personal
protective
equipment
for
a
purpose
3
authorized
solely
by
emergency
use
authorization
under
the
4
Federal
Food,
Drug,
and
Cosmetic
Act.
5
The
attorney
general
or
the
county
attorney
for
the
county
6
where
an
alleged
violation
occurs
may
institute
a
civil
action
7
to
enforce
this
bill.
If
a
court
determines
a
violation
of
8
this
bill
has
occurred,
the
attorney
general
or
the
county
9
attorney
is
awarded
attorney
fees
and
costs
incurred
in
10
pursuing
the
action.
11
The
bill
requires
each
appropriate
state
agency
to
ensure
12
that
a
business,
ticket
issuer,
educational
institution,
or
13
government
entity
complies
with
this
bill
as
a
condition
of
14
obtaining
a
license,
permit,
or
other
state
authorization
as
15
necessary
to
conduct
business
in
Iowa.
16
The
bill
shall
not
be
construed
to
prohibit
compliance
with
17
child
welfare
laws.
18
The
bill
applies
at
all
times
and
will
not
be
suspended,
19
nullified,
or
otherwise
disregarded
during
any
declared
20
emergency,
public
health
crisis,
or
state
of
emergency
issued
21
by
any
local,
state,
or
federal
agency.
22
The
bill
strikes
Code
section
96.7,
subsection
12
(employee
23
discharge
for
refusal
of
COVID-19
vaccination
and
the
effect
on
24
the
contribution
rate
and
unemployment
experience),
and
Code
25
section
135.144,
subsections
5
and
6
(public
health
disaster
26
authority
to
order
physical
examinations
and
vaccinate
against
27
infectious
diseases).
The
bill
also
strikes
the
department
of
28
health
and
human
services’
(HHS)
authority
to
treat
individuals
29
in
the
event
of
a
public
health
disaster.
The
bill
specifies
30
that
HHS
may
isolate
or
quarantine
an
individual
who
is
31
infected
with
disease
if
the
individual
is
unable
or
unwilling
32
to
undergo
treatment
during
a
public
health
disaster.
HHS
33
may
also
recommend
an
individual
exposed
to
disease
receive
34
treatment,
isolate,
or
quarantine.
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The
bill
repeals
Code
chapter
94
(COVID-19
vaccination
1
requirements
by
employers
——
waiver),
and
Code
sections
96.5A
2
(refusal
of
COVID-19
vaccination
——
no
disqualification
for
3
unemployment
benefits),
139A.8
(immunization
of
children
——
4
required
vaccinations),
and
237A.3C
(immunization
information
5
for
child
care
facilities),
and
makes
conforming
changes.
6
Under
the
bill,
HHS
also
maintains
the
general
authority
to
7
provide
recommendations
for
childhood
vaccine
schedules.
8
Provisions
of
the
bill
are
severable
pursuant
to
Code
9
section
4.12.
The
bill
takes
effect
upon
enactment.
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