Bill Text: IA HF2545 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the medical privacy and freedom Act, providing penalties, and including effective date provisions.(Formerly HSB 647.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-03-01 - Introduced, placed on calendar. H.J. 437. [HF2545 Detail]
Download: Iowa-2021-HF2545-Introduced.html
House
File
2545
-
Introduced
HOUSE
FILE
2545
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
647)
A
BILL
FOR
An
Act
relating
to
the
medical
privacy
and
freedom
Act,
1
providing
penalties,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
27C.2,
Code
2022,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
27C.2
Medical
treatment
status
——
immunity
passports
——
3
liability.
4
1.
a.
Notwithstanding
any
provision
of
law
to
the
contrary,
5
a
business,
educational
institution,
employer,
or
governmental
6
entity
shall
not
do
any
of
the
following:
7
(1)
(a)
Inquire
into
the
medical
treatment
status
of,
8
maintain
a
record
of
the
medical
treatment
status
of,
or
9
require
the
furnishing
of
an
immunity
passport
by,
a
person.
10
(b)
Maintain
an
existing
record
of
the
medical
treatment
11
status
of
a
person
if
the
person
requests
that
the
record
be
12
deleted.
13
(c)
This
subparagraph
shall
not
interfere
with
a
person’s
14
right
to
access
the
person’s
own
health
information
under
any
15
applicable
state
or
federal
law
or
any
legal
responsibility
of
16
a
health
care
professional
to
comply
with
any
applicable
state
17
or
federal
law
in
administering
health
care
to
a
person.
18
(2)
Refuse,
withhold
from,
or
deny
to
a
person
any
19
services,
goods,
facilities,
advantages,
privileges,
access,
20
transportation
or
freedom
of
movement,
licensing,
educational
21
opportunities,
or
health
care
access
based
on
the
person’s
22
medical
treatment
status
or
the
furnishing
of
an
immunity
23
passport.
24
(3)
Provide
or
disallow
incentives
such
as
coupons,
free
25
goods
or
services,
or
lotteries
and
games
of
chance,
or
impose
26
a
monetary
fine
or
tax
or
other
socioeconomic
disincentive
27
based
on
the
person’s
medical
treatment
status
or
the
28
furnishing
of
an
immunity
passport.
29
(4)
Refuse
to
hire
or
employ,
bar
or
discharge
from
30
employment,
impose
a
surcharge
or
wage
reduction,
or
31
discriminate
against
a
person
in
compensation
or
in
a
term,
32
condition,
or
privilege
of
employment
based
on
the
person’s
33
medical
treatment
status
or
the
furnishing
of
an
immunity
34
passport.
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(5)
Exclude,
limit,
segregate,
refuse
to
serve,
require
a
1
mask
or
other
facial
covering,
require
testing,
or
otherwise
2
discriminate
against
a
person
based
on
the
person’s
medical
3
treatment
status
or
the
furnishing
of
an
immunity
passport.
4
b.
Notwithstanding
any
provision
of
law
to
the
contrary,
5
each
appropriate
state
agency
shall
ensure
that
a
business
in
6
this
state
complies
with
this
subsection
and
shall
require
7
compliance
with
this
subsection
as
a
condition
of
obtaining
a
8
license,
permit,
or
other
state
authorization
as
necessary
to
9
conduct
business
in
this
state.
10
2.
Notwithstanding
any
provision
of
law
to
the
contrary,
a
11
business,
educational
institution,
employer,
or
governmental
12
entity
that
violates
subsection
1
is
liable
for
any
adverse
13
reaction,
injury,
disability,
or
death
that
is
or
may
be
14
related
to
a
person
receiving
forced
medical
treatment
in
15
response
to
such
violation.
Relative
to
a
person
who
is
16
an
employee,
it
shall
be
presumed,
in
the
absence
of
any
17
substantial
evidence
to
the
contrary,
that
such
adverse
18
reaction,
injury,
disability,
or
death
arose
in
the
course
of
19
such
person’s
employment.
20
3.
For
the
purposes
of
this
section:
21
a.
“Business”
means
a
sole
proprietorship,
partnership,
22
joint
venture,
corporation,
association,
or
other
business
23
entity,
either
for-profit
or
not-for-profit,
including
retail
24
establishments
where
goods
or
services
are
sold.
25
b.
“Educational
institution”
includes
any
preschool,
26
elementary
or
secondary
school,
community
college,
area
27
education
agency,
or
postsecondary
college
or
university
and
28
their
governing
boards.
29
c.
“Employer”
means
a
person,
as
defined
in
chapter
4,
who
30
in
this
state
employs
for
wages
a
natural
person.
31
d.
“Governmental
entity”
means
the
state
or
any
political
32
subdivision
of
the
state
that
owns,
leases,
or
operates
33
buildings
under
the
control
of
the
state
or
a
political
34
subdivision
of
the
state.
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e.
“Health
care
professional”
means
a
person
who
is
1
licensed,
certified,
or
otherwise
authorized
or
permitted
by
2
the
law
of
this
state
to
administer
health
care
in
the
ordinary
3
course
of
business
or
in
the
practice
of
a
profession.
4
f.
“Immunity
passport”
means
a
document,
digital
record,
or
5
software
application
indicating
that
a
person
has
received
a
6
vaccination
or
has
gained
natural
immunity
through
infection
7
and
recovery.
8
g.
“Medical
treatment”
means
a
health
care
treatment,
9
service,
or
procedure
designed
to
maintain
or
treat
a
person’s
10
physical
or
mental
condition,
and
includes
preventive
care,
11
medical
devices,
and
vaccinations.
12
Sec.
2.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
shall
amend
13
the
title
of
chapter
27C,
Code
2022,
to
read
“MEDICAL
PRIVACY
14
AND
FREEDOM
ACT”.
15
Sec.
3.
SEVERABILITY.
The
provisions
of
this
Act
are
16
severable
pursuant
to
section
4.12.
17
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
18
importance,
takes
effect
upon
enactment.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
prohibited
required
disclosure
23
of,
and
discrimination
based
on,
a
person’s
medical
treatment
24
status
or
the
furnishing
of
an
immunity
passport.
25
The
bill
amends
Code
chapter
27C
(proof
of
vaccination
for
26
COVID-19).
The
bill
strikes
current
provisions
prohibiting
the
27
required
furnishing
of
proof
of
a
vaccination
for
COVID-19
and
28
the
prohibition
against
the
awarding
or
renewal
of
grants
or
29
contracts
funded
by
state
revenue
to
a
business
or
governmental
30
entity
that
violates
this
provision.
31
The
bill
instead
amends
the
Code
chapter
to
include
32
prohibitions
relating
to
a
person’s
medical
treatment
status
33
including
vaccination
status
or
the
furnishing
of
an
immunity
34
passport.
The
bill
provides
that
notwithstanding
any
provision
35
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of
law
to
the
contrary,
a
business,
educational
institution,
1
employer,
or
governmental
entity
shall
not:
inquire
into
2
the
medical
treatment
status
of,
maintain
a
record
including
3
an
existing
record
of
the
medical
treatment
status
of,
or
4
require
the
furnishing
of
an
immunity
passport
by,
a
person;
5
refuse,
withhold
from,
or
deny
to
a
person
any
services,
goods,
6
facilities,
advantages,
privileges,
access,
transportation
or
7
freedom
of
movement,
licensing,
educational
opportunities,
8
or
health
care
access
based
on
a
person’s
medical
treatment
9
status
or
the
furnishing
of
an
immunity
passport;
provide
or
10
disallow
incentives
such
as
coupons,
free
goods
or
services,
or
11
lotteries
and
games
of
chance,
or
impose
a
monetary
fine
or
tax
12
or
other
socioeconomic
disincentive
based
on
a
person’s
medical
13
treatment
status
or
the
furnishing
of
an
immunity
passport;
14
refuse
to
hire
or
employ,
bar
or
discharge
from
employment,
15
impose
a
surcharge
or
wage
reduction,
or
discriminate
against
a
16
person
in
compensation
or
in
a
term,
condition,
or
privilege
17
of
employment
based
on
the
person’s
medical
treatment
status
18
or
the
furnishing
of
an
immunity
passport;
or
exclude,
limit,
19
segregate,
refuse
to
serve,
require
a
mask
or
other
facial
20
covering,
require
testing,
or
otherwise
discriminate
against
a
21
person
based
on
the
person’s
medical
treatment
status
or
the
22
furnishing
of
an
immunity
passport.
23
The
bill
requires
each
appropriate
state
agency
to
ensure
24
that
a
business
in
this
state
complies
with
the
provisions
of
25
the
bill
and
requires
compliance
with
the
provisions
of
the
26
bill
as
a
condition
of
obtaining
a
license,
permit,
or
other
27
state
authorization
as
necessary
to
conduct
business
in
this
28
state.
29
A
business,
educational
institution,
employer,
or
30
governmental
entity
that
violates
the
provisions
of
the
bill
is
31
liable
for
any
adverse
reaction,
injury,
disability,
or
death
32
that
is
or
may
be
related
to
a
person
receiving
forced
medical
33
treatment
in
response
to
such
violation.
For
purposes
of
a
34
person
who
is
an
employee,
it
shall
be
presumed,
in
the
absence
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of
any
substantial
evidence
to
the
contrary,
that
such
adverse
1
reaction,
injury,
disability,
or
death
arose
in
the
course
of
2
the
person’s
employment.
3
The
bill
includes
a
directive
to
the
Code
editor
to
amend
the
4
title
of
Code
chapter
27C
to
be
titled
the
medical
privacy
and
5
freedom
Act.
Provisions
of
the
bill
are
severable
pursuant
to
6
Code
section
4.12.
The
bill
takes
effect
upon
enactment.
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