Read the full stored bill text
Senate
File
406
-
Introduced
SENATE
FILE
406
BY
SALMON
A
BILL
FOR
An
Act
relating
to
powers
and
duties
applicable
to
public
1
health
disasters.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2780SS
(1)
91
lh/ko
S.F.
406
Section
1.
Section
135.144,
subsections
3,
5,
6,
7,
and
8,
1
Code
2025,
are
amended
to
read
as
follows:
2
3.
Take
reasonable
measures
as
necessary
to
prevent
3
the
transmission
of
infectious
disease
and
to
ensure
that
4
all
cases
of
communicable
disease
are
properly
identified,
5
controlled,
and
treated.
However,
such
reasonable
measures
6
shall
not
include
requiring
identification
and
monitoring
of
7
persons
who
may
be
at
risk
of
contracting
a
contagious
or
8
infectious
disease
by
virtue
of
contact
with
a
contagious
9
person
in
a
manner
consistent
with
known
or
suspected
modes
10
of
transmission;
requiring
a
person
to
comply
with
such
11
identification
and
monitoring
efforts
including
efforts
that
12
infringe
on
a
person’s
freedom
of
association;
or
establishing,
13
authorizing,
or
enforcing
penalties
for
a
person’s
refusal
14
to
participate
in
the
identification
and
monitoring
efforts
15
including
efforts
that
infringe
on
a
person’s
freedom
of
16
association.
17
5.
Order
Recommend
physical
examinations
and
tests
and
18
collect
the
collection
of
specimens
as
necessary
for
the
19
diagnosis
or
treatment
of
individuals,
to
be
performed
by
any
20
qualified
person
authorized
to
do
so
by
the
department.
An
A
21
physical
examination
or
test
shall
not
be
performed
or
ordered
22
recommended
if
the
physical
examination
or
test
is
reasonably
23
likely
to
lead
to
serious
harm
to
the
affected
individual.
The
24
affected
individual
has
the
ultimate
authority
in
determining
25
whether
to
submit
to
the
recommended
physical
examination
26
or
testing,
and
shall
not
be
subject
to
undue
pressure
or
27
compulsion
to
submit
to
the
recommendation.
The
department
may
28
isolate
or
quarantine
,
pursuant
to
chapter
139A
and
the
rules
29
implementing
chapter
139A
and
this
subchapter
,
any
infected
30
individual
whose
refusal
of
medical
a
physical
examination
or
31
testing
results
in
uncertainty
regarding
whether
the
individual
32
has
been
exposed
to
or
is
infected
with
a
communicable
or
33
potentially
communicable
disease
or
otherwise
poses
a
danger
to
34
public
health.
The
length
of
isolation
shall
not
exceed
the
35
-1-
LSB
2780SS
(1)
91
lh/ko
1/
6
S.F.
406
longest
usual
incubation
period
for
the
specific
communicable
1
disease.
2
6.
Vaccinate
or
order
Recommend
that
individuals
be
3
vaccinated
with
a
vaccine
approved
by
the
United
States
food
4
and
drug
administration
as
safe
and
effective
against
an
5
infectious
disease
and
to
prevent
the
spread
of
communicable
6
or
potentially
communicable
disease.
Vaccinations
shall
be
7
administered
by
any
qualified
person
authorized
to
do
so
by
the
8
department.
Prior
to
administration
of
a
vaccine,
an
adult
9
or
the
parent
or
legal
representative
of
a
minor
receiving
10
the
vaccine
shall
be
provided
with
the
federal
vaccine
11
information
statement
for
the
vaccine
and
verbally
informed
12
of
the
known
and
potential
benefits
and
risks
of
the
vaccine.
13
The
vaccination
shall
not
be
provided
or
ordered
recommended
14
if
it
is
reasonably
likely
to
lead
to
serious
harm
to
the
15
affected
individual.
The
affected
individual
has
the
ultimate
16
authority
in
determining
whether
to
submit
to
the
recommended
17
vaccination,
and
shall
not
be
subject
to
undue
pressure
or
18
compulsion
to
submit
to
the
recommendation.
To
prevent
the
19
spread
of
communicable
or
potentially
communicable
disease,
the
20
department
may
isolate
or
quarantine
,
pursuant
to
chapter
139A
21
and
the
rules
implementing
chapter
139A
and
this
subchapter
,
22
any
infected
person
who
is
unable
or
unwilling
to
undergo
23
vaccination
pursuant
to
this
subsection
.
24
7.
Treat
or
order
Recommend
that
individuals
exposed
to
25
or
infected
with
disease
receive
treatment
or
prophylaxis.
26
Treatment
or
prophylaxis
shall
be
administered
by
any
qualified
27
person
authorized
to
do
so
by
the
department.
Treatment
or
28
prophylaxis
shall
not
be
provided
or
ordered
recommended
if
29
the
treatment
or
prophylaxis
is
reasonably
likely
to
lead
to
30
serious
harm
to
the
affected
infected
individual.
The
infected
31
individual
has
the
ultimate
authority
in
determining
whether
to
32
submit
to
the
recommended
treatment
or
prophylaxis,
and
shall
33
not
be
subject
to
undue
pressure
or
compulsion
to
submit
to
34
the
recommendation.
To
prevent
the
spread
of
communicable
or
35
-2-
LSB
2780SS
(1)
91
lh/ko
2/
6
S.F.
406
potentially
communicable
disease,
the
department
may
isolate
or
1
quarantine
,
pursuant
to
chapter
139A
and
the
rules
implementing
2
chapter
139A
and
this
subchapter
,
any
infected
individual
who
3
is
unable
or
unwilling
to
undergo
treatment
or
prophylaxis
4
pursuant
to
this
section
subsection
.
5
8.
Isolate
or
quarantine
infected
individuals
or
groups
of
6
individuals
pursuant
to
chapter
139A
and
the
rules
implementing
7
chapter
139A
and
this
subchapter
.
8
Sec.
2.
Section
135.144,
Code
2025,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
14.
Provide
a
link
on
the
department’s
11
internet
site
for
qualified
individuals
to
submit
12
evidence-based
information
regarding
a
public
health
emergency
13
or
public
health
disaster
and
for
members
of
the
public
to
14
share
their
experiences.
The
department
shall
adopt
rules
15
pursuant
to
chapter
17A
to
administer
this
subsection,
16
including
the
criteria
a
qualified
individual
must
meet
to
17
participate.
18
Sec.
3.
Section
139A.4,
subsection
1,
Code
2025,
is
amended
19
to
read
as
follows:
20
1.
The
type
and
length
of
isolation
or
quarantine
imposed
21
for
a
specific
communicable
disease
shall
be
in
accordance
with
22
rules
adopted
by
the
department.
The
length
of
isolation
or
23
quarantine
shall
not
exceed
the
longest
usual
incubation
period
24
for
the
specific
communicable
disease.
25
Sec.
4.
Section
139A.8,
subsection
4,
paragraph
a,
26
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
27
(2)
The
applicant,
or
if
the
applicant
is
a
minor,
the
28
applicant’s
parent
or
legal
guardian,
submits
an
affidavit
29
signed
by
the
applicant,
or
if
the
applicant
is
a
minor,
30
the
applicant’s
parent
or
legal
guardian,
stating
that
the
31
immunization
conflicts
with
the
tenets
and
practices
of
a
32
recognized
sincerely
held
religious
denomination
beliefs
33
of
which
the
applicant
is
an
adherent
or
member
,
or
if
the
34
applicant
is
a
minor,
of
the
applicant’s
parent
or
legal
35
-3-
LSB
2780SS
(1)
91
lh/ko
3/
6
S.F.
406
guardian
.
1
Sec.
5.
Section
139A.8,
subsection
4,
paragraph
b,
Code
2
2025,
is
amended
to
read
as
follows:
3
b.
The
exemptions
under
this
subsection
do
not
apply
in
4
times
of
emergency
or
epidemic
as
determined
and
declared
by
5
the
director.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
duties
and
powers
relative
to
public
10
health
disasters.
11
The
bill
amends
the
duties
of
the
department
of
health
and
12
human
services
(HHS
or
the
department)
relative
to
a
public
13
health
disaster
under
Code
chapter
135
(department
of
health
14
and
human
services
——
public
health).
The
bill
provides
15
that
the
reasonable
measures
taken
by
HHS
to
prevent
the
16
transmission
of
infectious
disease
and
to
ensure
that
all
cases
17
of
communicable
disease
are
properly
identified,
controlled,
18
and
treated
shall
not
include
requiring
identification
and
19
monitoring
of
a
person
at
risk
of
contracting
a
contagious
or
20
infectious
disease
through
contact
with
a
contagious
person
21
or
requiring
a
person
to
comply
with
such
identification
and
22
monitoring
efforts.
23
The
department
may
recommend,
but
not
order,
physical
24
examinations,
testing,
and
the
collection
of
specimens
25
necessary
for
the
diagnosis
and
treatment
of
individuals.
An
26
affected
individual
has
the
ultimate
authority
to
determine
27
whether
to
submit
to
the
department’s
recommendations,
and
28
shall
not
be
subject
to
undue
pressure
or
compulsion
to
submit.
29
The
department
may
isolate
infected
individuals
who
refuse
a
30
physical
examination
or
testing
and
who
pose
a
danger
to
the
31
public
health.
The
length
of
isolation
shall
not
exceed
the
32
longest
usual
incubation
period
for
the
specific
communicable
33
disease.
34
The
department
may
recommend
a
vaccine
approved
by
the
35
-4-
LSB
2780SS
(1)
91
lh/ko
4/
6
S.F.
406
United
States
food
and
drug
administration
as
safe
and
1
effective,
but
not
vaccinate
or
order
that
individuals
be
2
vaccinated
against
an
infectious
disease
or
to
prevent
the
3
spread
of
communicable
or
potentially
communicable
disease.
4
Prior
to
administration
of
a
vaccine,
an
adult
or
the
parent
5
or
legal
representative
of
a
minor
receiving
the
vaccine
shall
6
be
provided
with
the
federal
vaccine
information
statement
7
and
verbally
informed
of
the
known
and
potential
benefits
and
8
risks
of
the
vaccine.
Vaccination
shall
not
be
recommended
if
9
it
is
reasonably
likely
to
lead
to
serious
harm.
An
affected
10
individual
has
the
ultimate
authority
to
determine
whether
to
11
submit
to
the
recommended
vaccination,
and
shall
not
be
subject
12
to
undue
pressure
or
compulsion
to
submit.
The
department
may
13
isolate
infected
individuals.
14
The
department
may
recommend,
but
not
treat
or
order,
15
individuals
infected
with
disease
receive
treatment
or
16
prophylaxis.
Treatment
or
prophylaxis
shall
not
be
recommended
17
if
the
treatment
or
prophylaxis
is
reasonably
likely
to
lead
18
to
serious
harm.
The
infected
individual
has
the
ultimate
19
authority
to
determine
whether
to
submit
to
the
recommendation,
20
and
shall
not
be
subject
to
undue
pressure
or
compulsion
to
21
submit.
The
department
may
isolate
individuals
infected
with
22
disease
who
are
unable
or
unwilling
to
undergo
treatment
or
23
prophylaxis.
24
The
department
may
isolate
infected
individuals
or
groups
of
25
individuals
in
accordance
with
Code
chapter
139A
(communicable
26
and
infectious
diseases
and
poisonings)
and
the
subchapter
of
27
Code
chapter
135
relating
to
disaster
preparedness.
28
The
bill
requires
the
department
to
provide
a
link
on
the
29
department’s
internet
site
for
qualified
individuals
to
submit
30
evidence-based
information
regarding
a
public
health
emergency
31
or
public
health
disaster
and
for
members
of
the
public
to
32
share
their
experiences.
The
department
shall
adopt
rules
to
33
administer
this
provision,
including
the
criteria
a
qualified
34
individual
must
meet
to
participate.
35
-5-
LSB
2780SS
(1)
91
lh/ko
5/
6
S.F.
406
The
bill
provides
that
the
type
and
length
of
isolation
or
1
quarantine
imposed
for
a
specific
communicable
disease
shall
be
2
in
accordance
with
rules
adopted
by
the
department,
and
that
3
the
length
of
the
isolation
or
quarantine
shall
not
exceed
the
4
longest
usual
incubation
period
for
the
specific
communicable
5
disease.
6
Under
current
law,
immunization
is
not
required
for
7
enrollment
in
an
elementary
or
secondary
school
or
licensed
8
child
care
center
if
a
person,
or,
if
the
person
is
a
minor,
the
9
minor’s
parent
or
guardian,
submits
an
affidavit
stating
that
10
the
immunization
conflicts
with
the
tenets
and
practices
of
a
11
recognized
religious
denomination
of
which
the
person
or
the
12
minor’s
parent
or
guardian
is
an
adherent
or
member.
Under
the
13
bill,
the
submitted
affidavit
shall
be
accepted
if
it
states
14
the
immunization
conflicts
with
the
sincerely
held
religious
15
beliefs
of
the
person
or,
if
the
person
is
a
minor,
the
beliefs
16
of
the
minor’s
parent
or
guardian.
17
The
bill
provides
that
if
a
child
is
exempt
from
vaccination,
18
the
exemption
applies
during
times
of
emergency
or
epidemic.
19
-6-
LSB
2780SS
(1)
91
lh/ko
6/
6