Bill Text: IA HF330 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to requirements and prohibitions relating to vaccines and immunizations, and providing civil remedies.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-02-02 - Introduced, referred to Human Resources. H.J. 275. [HF330 Detail]

Download: Iowa-2021-HF330-Introduced.html
House File 330 - Introduced HOUSE FILE 330 BY SHIPLEY A BILL FOR An Act relating to requirements and prohibitions relating to 1 vaccines and immunizations, and providing civil remedies. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2129YH (1) 89 pf/rh
H.F. 330 DIVISION I 1 PROHIBITION OF VACCINE MANDATES BY EMPLOYERS 2 Section 1. NEW SECTION . 94.1 Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 1. “Applicant” means a natural person who applies to be an 6 employee. 7 2. “Employee” means a natural person who is employed in this 8 state for wages by an employer. 9 3. “Employer” means a person, as defined in chapter 4, who 10 in this state employs for wages, natural persons. 11 Sec. 2. NEW SECTION . 94.2 Vaccination requirements or 12 history —— prohibited acts by employer. 13 An employer shall not fail or refuse to hire, discharge, 14 penalize, or otherwise discriminate against an employee with 15 respect to compensation or the terms, conditions, or privileges 16 of employment based on either of the following: 17 1. The employee’s vaccination history. 18 2. The refusal of the employee to receive a vaccine or 19 provide proof of immunity. 20 Sec. 3. NEW SECTION . 94.3 Civil remedies. 21 An employee whose rights are violated under this chapter may 22 bring an action against an employer in the district court in 23 the county where the employer is located for injunctive relief, 24 actual damages, admission or reinstatement of the employee with 25 back pay plus ten percent interest, or any other appropriate 26 relief necessary to ensure compliance with this chapter. 27 DIVISION II 28 PROHIBITION AGAINST VACCINE MANDATES RELATIVE TO FACILITIES, 29 PROVIDERS, AND INSURERS 30 Sec. 4. NEW SECTION . 135Q.1 Definitions. 31 As used in this chapter, unless the content otherwise 32 requires: 33 1. “Assisted living program” means the same as defined in 34 section 231C.2. 35 -1- LSB 2129YH (1) 89 pf/rh 1/ 16
H.F. 330 2. “Communicable disease” means the same as defined in 1 section 139A.2. 2 3. “Health care facility” means the same as defined in 3 section 135C.1. 4 4. “Health care provider” means a person licensed or 5 certified by and subject to the authority of a board as defined 6 in section 147.2 who provides professional health care services 7 to a patient during that patient’s medical care, treatment, or 8 confinement. 9 5. “Hospital” means the same as defined in section 135B.1. 10 6. “Insurer” means an entity providing a plan of health 11 insurance, health care benefits, or health care services, or 12 an entity subject to the jurisdiction of the commissioner 13 of insurance performing utilization review, including an 14 insurance company offering sickness and accident plans, a 15 health maintenance organization, a nonprofit health service 16 corporation, a plan established pursuant to chapter 509A 17 for public employees, or any other entity providing a plan 18 of health insurance, health care benefits, or health care 19 services. 20 7. “Patient” means a person who has received or is receiving 21 professional health care services from a health care facility, 22 health care provider, or hospital. 23 8. “Resident” means a resident of a health care facility. 24 9. “Tenant” means a tenant of an assisted living program. 25 Sec. 5. NEW SECTION . 135Q.2 Immunizations —— prohibited 26 discrimination —— civil remedies. 27 1. A hospital or health care facility shall not do any of 28 the following: 29 a. Require a health care provider, staff member, employee, 30 or applicant for one of these positions to be immunized. 31 b. Discriminate against or terminate the employment of a 32 health care provider, staff member, employee, or applicant for 33 one of these positions based on the person’s refusal to receive 34 an immunization. 35 -2- LSB 2129YH (1) 89 pf/rh 2/ 16
H.F. 330 2. A hospital, health care facility, or a health care 1 provider, staff member, or employee of a hospital or health 2 care facility shall not discriminate against or terminate 3 treatment of a patient based upon the patient’s refusal to 4 receive an immunization. 5 3. A health care facility or assisted living program shall 6 not discriminate against or terminate treatment of a resident 7 or tenant solely on the basis of the resident or tenant not 8 having received, or refusing to receive, an immunization for a 9 specific communicable disease. 10 4. A hospital, health care facility, or educational 11 institution providing clinical experience to satisfy the 12 professional degree requirements of a student, intern, or 13 resident shall not discriminate against the student, intern, or 14 resident, or prohibit admission, enrollment, or employment as a 15 student, intern, or resident based on the immunization status 16 of the student, intern, or resident. 17 5. A person aggrieved under this section may petition the 18 district court in the county where the hospital, health care 19 facility, assisted living program, or educational institution 20 is located for any of the following: 21 a. Injunctive relief against any further violation. 22 b. Affirmative relief, including reinstatement of employment 23 with back pay and interest, or any other equitable relief the 24 court deems appropriate. 25 c. Other appropriate relief necessary to ensure compliance 26 with this section. 27 6. A hospital, health care facility, health care provider, 28 educational institution, or assisted living program that 29 violates this section is not eligible to receive state funding 30 for reimbursement of services provided to patients, residents, 31 or tenants. 32 Sec. 6. NEW SECTION . 135Q.3 Immunization —— health care 33 providers —— prohibited discrimination. 34 The licensing authority for a health care provider shall not 35 -3- LSB 2129YH (1) 89 pf/rh 3/ 16
H.F. 330 deny an applicant for a license or suspend, revoke, or refuse 1 to renew a license, and shall not take disciplinary action 2 against a licensee based on the applicant’s or licensee’s 3 immunization history or refusal to submit to an immunization. 4 Sec. 7. NEW SECTION . 135Q.4 Immunizations —— prohibited 5 actions —— insurers and insurer ratings —— cease and desist 6 orders and penalties. 7 1. An insurer providing a group policy, contract, or plan 8 for health insurance shall not use the immunization status of 9 a person as a basis to reject; deny; limit; cancel; refuse to 10 renew; increase the premiums for; limit the amount, extent, or 11 kind of coverage available to; or otherwise adversely affect 12 eligibility or coverage for the group health policy, contract, 13 or plan for health insurance. 14 2. An insurer providing a group policy, contract, or plan 15 for health insurance shall not use the immunization status of a 16 person as a qualification or requirement for contracting with 17 the person’s health care provider or as a basis for terminating 18 a contract with the person’s health care provider. 19 3. An insurer providing a group policy, contract, or 20 plan for health insurance shall not do any of the following 21 regarding the administration of immunizations to covered 22 persons: 23 a. Provide financial or other incentives to a participating 24 health care provider based upon attaining a certain 25 immunization administration rate. 26 b. Impose a financial or other penalty on a participating 27 health care provider who does not attain a certain immunization 28 administration rate. 29 4. The immunization status of a person covered by a group 30 policy, contract, or plan for health insurance shall not be 31 used as a factor in the rating of a group policy, contract, or 32 plan for health insurance in this state. 33 5. An insurer issuing a group policy, contract, or plan for 34 health insurance who violates this section is subject to the 35 -4- LSB 2129YH (1) 89 pf/rh 4/ 16
H.F. 330 summary cease and desist order, cease and desist order, and 1 penalty provisions pursuant to chapter 507B. 2 DIVISION III 3 CHILDREN AND STUDENTS —— VACCINE MANDATES 4 Sec. 8. Section 139A.8, subsection 4, Code 2021, is amended 5 to read as follows: 6 4. a. Immunization is not required for a person’s 7 enrollment in any elementary or secondary school or licensed 8 child care center if either any of the following applies: 9 (1) The applicant, or if the applicant is a minor, the 10 applicant’s parent or legal guardian, submits to the admitting 11 official a statement signed by a physician, advanced registered 12 nurse practitioner, or physician assistant who is licensed by 13 the board of medicine, board of nursing, or board of physician 14 assistants that the immunizations required would be injurious 15 to the health and well-being of the applicant or any member of 16 the applicant’s family. 17 (2) The applicant, or if the applicant is a minor, the 18 applicant’s parent or legal guardian, submits an affidavit 19 signed by the applicant, or if the applicant is a minor, 20 the applicant’s parent or legal guardian, stating that the 21 immunization conflicts with the tenets and practices of a 22 recognized religious denomination of which the applicant is 23 an adherent or member sincerely held religious beliefs of the 24 applicant, or if the applicant is a minor, of the applicant’s 25 parent or legal guardian . 26 (3) The applicant, or if the applicant is a minor, the 27 applicant’s parent or legal guardian, submits an affidavit 28 signed by the applicant, or if the applicant is a minor, signed 29 by the applicant’s parent or legal guardian, stating that the 30 immunization conflicts with the conscientiously held beliefs 31 of the applicant, or if the applicant is a minor, of the 32 applicant’s parent or legal guardian. 33 b. The exemptions under this subsection do not also apply in 34 times of emergency or epidemic as determined by the state board 35 -5- LSB 2129YH (1) 89 pf/rh 5/ 16
H.F. 330 of health and as declared by the director of public health. 1 DIVISION IV 2 EMERGENCY POWERS AND VACCINE MANDATES 3 Sec. 9. Section 29C.6, subsection 1, Code 2021, is amended 4 to read as follows: 5 1. a. After finding a disaster exists or is threatened, 6 proclaim a state of disaster emergency. This proclamation 7 shall be in writing, indicate the area affected and the facts 8 upon which it is based, be signed by the governor, and be 9 filed with the secretary of state. If the state of disaster 10 emergency specifically constitutes a public health disaster 11 as defined in section 135.140 , the written proclamation shall 12 include a statement to that effect. A state of disaster 13 emergency shall continue for thirty days, unless sooner 14 terminated or rescinded, extended in writing , or amended by 15 the governor general assembly . The general assembly may, 16 by concurrent resolution, rescind , extend, or amend this 17 proclamation. If the general assembly is not in session, the 18 legislative council may, by majority vote, rescind , extend, 19 or amend this proclamation. Rescission Any initial extension 20 of this proclamation by the general assembly shall not exceed 21 sixty days, and any subsequent extension shall not exceed 22 sixty-day increments. Any rescission, extension, or amendment 23 shall be effective upon filing of the concurrent resolution or 24 resolution of the legislative council with the secretary of 25 state. A proclamation of disaster emergency shall activate the 26 disaster response and recovery aspect of the state, local, and 27 interjurisdictional disaster emergency plans applicable to the 28 political subdivision or area in question and be authority for 29 the deployment and use of any forces to which the plan applies, 30 and for use or distribution of any supplies, equipment, and 31 materials and facilities assembled, stockpiled, or arranged to 32 be made available. 33 b. A measure dictated in a state of disaster emergency 34 proclamation shall not do any of the following: 35 -6- LSB 2129YH (1) 89 pf/rh 6/ 16
H.F. 330 (1) Require an individual to receive a SARS-CoV-2 vaccine. 1 (2) Authorize an agency to adopt rules pursuant to chapter 2 17A to require an individual to receive a SARS-CoV-2 vaccine. 3 (3) Authorize the imposition or impose any civil or criminal 4 penalties against an individual who refuses to receive a 5 SARS-CoV-2 vaccine. 6 DIVISION V 7 PROHIBITING DISCRIMINATION AND RIGHT-OF-ACCESS RESTRICTIONS 8 BASED ON VACCINE STATUS OR PROOF OF IMMUNITY 9 Sec. 10. Section 216.2, subsection 15, Code 2021, is amended 10 to read as follows: 11 15. “Unfair practice” or “discriminatory practice” means 12 those practices specified as unfair or discriminatory in 13 sections 216.6 , 216.6A , 216.7 , 216.7A, 216.8 , 216.8A , 216.8B , 14 216.9 , 216.10 , 216.11 , and 216.11A . 15 Sec. 11. NEW SECTION . 216.7A Unfair practices —— public 16 accommodations —— vaccination status. 17 It shall be an unfair or discriminatory practice for 18 any owner, lessee, sublessee, proprietor, manager, or 19 superintendent of any public accommodation or any agent or 20 employee thereof to do any of the following on the basis of a 21 person’s vaccination or immunity status: 22 1. Provide any disposition, service, financial aid, or 23 benefit to the person which is different, or is provided in a 24 different manner, from that provided to other members of the 25 general public. 26 2. Subject the person to segregation or separate treatment 27 in any matter related to that person’s receipt of any 28 disposition, service, financial aid, or benefit provided to 29 other members of the general public. 30 3. Restrict the person in any way in the enjoyment of any 31 advantage or privilege enjoyed by other persons receiving any 32 disposition, service, financial aid, or benefit provided to 33 other members of the general public. 34 4. Treat the person differently from other persons in 35 -7- LSB 2129YH (1) 89 pf/rh 7/ 16
H.F. 330 determining whether that person satisfies any admission, 1 enrollment, quota, eligibility, membership, or other 2 requirement or condition which a person must meet in order to 3 be provided any disposition, service, financial aid, function, 4 or benefit available to other members of the general public. 5 5. Deny the person an opportunity to participate in a 6 program through the provision of service or otherwise afford 7 that person an opportunity to do so which is different from 8 that afforded to other members of the general public. 9 DIVISION VI 10 PROHIBITING THE CONNECTION OF VACCINATION OR IMMUNITY STATUS TO 11 A STATE-ISSUED DRIVER’S LICENSE 12 Sec. 12. Section 321.189, subsection 2, Code 2021, is 13 amended by adding the following new paragraph: 14 NEW PARAGRAPH . e. A driver’s license shall not include the 15 vaccination or immunization status, immunity status, or test 16 results relating to a communicable disease of the holder of any 17 class of driver’s license. 18 Sec. 13. Section 321.190, subsection 1, paragraph a, Code 19 2021, is amended to read as follows: 20 a. The department shall, upon application and payment 21 of the required fee, issue to an applicant a nonoperator’s 22 identification card. To be valid the card shall bear a 23 distinguishing number other than a social security number 24 assigned to the cardholder, the full name, date of birth, 25 sex, residence address, a physical description and a color 26 photograph of the cardholder, the usual signature of the 27 cardholder, and such other information as the department 28 may require by rule. An applicant for a nonoperator’s 29 identification card shall apply for the card in the manner 30 provided in section 321.182, subsections 1 through 3 . The card 31 shall be issued to the applicant at the time of application 32 pursuant to procedures established by rule. An applicant for a 33 nonoperator’s identification card who is required by 50 U.S.C. 34 app. §451 et seq. to register with the United States selective 35 -8- LSB 2129YH (1) 89 pf/rh 8/ 16
H.F. 330 service system shall be registered by the department with the 1 selective service system as provided in section 321.183 . An 2 applicant for a nonoperator’s identification card shall not 3 be required to receive the SARS-CoV-2 vaccine in order to be 4 issued a card and the card shall not include the vaccination or 5 immunization status, immunity status, or test results relating 6 to a communicable disease of the holder of the card. 7 DIVISION VII 8 STATEWIDE IMMUNIZATION REGISTRY AND IOWA HEALTH INFORMATION 9 NETWORK —— INFORMED CONSENT 10 Sec. 14. NEW SECTION . 139A.8B Statewide immunization 11 registry and Iowa health information network —— informed consent. 12 The department shall require that a health care provider 13 who administers vaccines and immunizations and is required to 14 consult and review or report the administration of vaccines 15 or immunizations to the statewide immunization registry or 16 Iowa health information network obtain written, informed 17 consent from a patient, or if the patient is a minor, the 18 patient’s parent or legal guardian, prior to reporting the 19 administration of the vaccine or immunization to the statewide 20 immunization registry or Iowa health information network. 21 The written, informed consent shall also provide the patient 22 with the option of consenting to the sharing of the patient’s 23 information with any entity with access to the information 24 contained in the statewide immunization registry or Iowa 25 health information network. The health care provider shall 26 submit a copy of the completed written, informed consent 27 form to the statewide immunization registry or Iowa health 28 information network. A patient, or if the patient is a minor, 29 the patient’s parent or legal guardian, may withdraw or amend 30 the written, informed consent at any time. If informed consent 31 is subsequently withdrawn, the patient’s information shall be 32 deleted from the statewide immunization registry or Iowa health 33 information network database. Only the information regarding 34 the administration of vaccines or immunizations of a patient 35 -9- LSB 2129YH (1) 89 pf/rh 9/ 16
H.F. 330 from whom written, informed consent has been obtained shall be 1 reported to and included in the statewide immunization registry 2 or Iowa health information network. No information, report, or 3 record relating to a person from whom written, informed consent 4 has not been obtained shall be maintained by the department or 5 included in the statewide immunization registry or Iowa health 6 information network. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to vaccinations and immunizations. The 11 bill is drafted in divisions. 12 DIVISION I. Division I of the bill relates to prohibitions 13 against vaccine mandates by employers. Division I prohibits an 14 employer from failing or refusing to hire, discharge, penalize, 15 or otherwise discriminate against an employee with respect 16 to compensation or the terms, conditions, or privileges of 17 employment based on the employee’s vaccination history or the 18 refusal of the employee to receive a vaccine or provide proof 19 of immunity. An employee whose rights are violated under the 20 division of the bill may bring an action against an employer 21 in the district court in the county where the employer is 22 located for injunctive relief, actual damages, admission or 23 reinstatement of the employee with back pay plus 10 percent 24 interest, or any other appropriate relief necessary to ensure 25 compliance with the division of the bill. 26 DIVISION II. Division II of the bill relates to vaccination 27 safety and the right of refusal. Division II provides 28 definitions used in the Code chapter. Division II of the bill 29 prohibits a hospital or health care facility from requiring a 30 health care provider, staff member, employee, or applicant for 31 one of these positions to be immunized or from discriminating 32 against or terminating the employment of a health care 33 provider, staff member, employee, or applicant for one of 34 these positions, based on the person’s refusal to receive an 35 -10- LSB 2129YH (1) 89 pf/rh 10/ 16
H.F. 330 immunization. The division prohibits a hospital, health care 1 facility, or a health care provider, staff member, or employee 2 of a hospital or health care facility from discriminating 3 against or terminating treatment of a patient based upon the 4 patient’s refusal to receive an immunization, and a health 5 care facility or assisted living program is also prohibited 6 from discriminating against or terminating treatment of a 7 resident or tenant due to the resident or tenant failing or 8 refusing to receive an immunization for a specific communicable 9 disease. Under the bill, a hospital, health care facility, 10 or educational institution providing clinical experience to 11 satisfy the professional degree requirements of a student, 12 intern, or resident is prohibited from discriminating against 13 the student, intern, or resident, or prohibiting admission, 14 enrollment, or employment as a student, intern, or resident 15 based on the immunization status of the student, intern, 16 or resident. A person aggrieved under this portion of the 17 bill may petition the district court in the county where the 18 hospital, health care facility, assisted living program, or 19 educational institution is located for injunctive relief; 20 affirmative relief, including reinstatement of employment with 21 back pay and interest or any other equitable relief the court 22 deems appropriate; or other appropriate relief necessary to 23 ensure compliance with this division of the bill. A hospital, 24 health care facility, health care provider, educational 25 institution, or assisted living program that violates the bill 26 is ineligible to receive state funding for reimbursement of 27 services. 28 Division II of the bill also prohibits a health care provider 29 licensing authority from denying an applicant for a license 30 or suspending, revoking, or refusing to renew a license, or 31 from taking disciplinary action against a licensee based on an 32 applicant’s or licensee’s immunization history or refusal to 33 submit to an immunization. 34 Division II of the bill prohibits an insurer providing a 35 -11- LSB 2129YH (1) 89 pf/rh 11/ 16
H.F. 330 group policy, contract, or plan for health insurance from 1 using the immunization status of a person as a basis to 2 reject; deny; limit; cancel; refuse to renew; increase the 3 premiums for; limit the amount, extent, or kind of coverage 4 available to; or otherwise adversely affect eligibility or 5 coverage for the group health policy, contract, or plan for 6 health insurance. Division II also prohibits an insurer 7 providing a group policy, contract, or plan for health 8 insurance from using the immunization status of a person 9 as a qualification or requirement for contracting with the 10 person’s provider or as a basis for terminating a contract 11 with the person’s provider. Division II of the bill prohibits 12 an insurer providing a group policy, contract, or plan for 13 health insurance from providing financial or other incentives 14 to a participating provider based upon attaining a certain 15 immunization administration rate or from imposing financial or 16 other penalties on a participating provider who does not attain 17 a certain immunization administration rate. Division II of the 18 bill prohibits the immunization status of a person covered by a 19 group policy, contract, or plan for health insurance from being 20 used as a factor in the rating of a group policy, contract, or 21 plan for health insurance in Iowa. An insurer issuing a group 22 policy, contract, or plan for health insurance who violates 23 any of these provisions of the bill is subject to the summary 24 cease and desist order, cease and desist order, and penalty 25 provisions pursuant to Code chapter 507B (insurance trade 26 practices). 27 DIVISION III. Division III of the bill relates to exemptions 28 from immunizations and vaccinations. 29 Division III includes as a new exemption from immunizations 30 otherwise required for a person’s enrollment in any elementary 31 or secondary school or licensed child care center, an exemption 32 based on the submission of a signed affidavit by the applicant, 33 or if the applicant is a minor, by the applicant’s parent 34 or legal guardian, stating that the immunization conflicts 35 -12- LSB 2129YH (1) 89 pf/rh 12/ 16
H.F. 330 with the conscientiously held beliefs of the applicant, or if 1 the applicant is a minor, of the applicant’s parent or legal 2 guardian. Existing provisions direct the department of public 3 health, in consultation with the director of the department of 4 education, to adopt rules to implement this provision. 5 The bill also amends the current provision relating to 6 an exemption based on religious beliefs of the applicant, or 7 if the applicant is a minor, the applicant’s parent or legal 8 guardian. 9 DIVISION IV. Division IV of the bill relates to duties and 10 powers relative to emergency situations including a state of 11 disaster emergency and public health disasters. 12 Division IV amends provisions relating to the proclamation 13 of a state of disaster emergency by the governor. Current law 14 provides that a state of disaster emergency shall continue for 15 30 days unless sooner terminated or extended by the governor 16 and that the general assembly, by concurrent resolution when 17 in session or through the legislative council by majority 18 vote, if not in session, may rescind the proclamation. Under 19 division IV, a state of disaster emergency shall continue 20 for 30 days unless sooner rescinded, extended, or amended by 21 the general assembly, not the governor, and that any initial 22 extension of the proclamation by the general assembly shall not 23 exceed 60 days, and any subsequent extension shall not exceed 24 60-day increments. Any rescission, extension, or amendment 25 by the general assembly shall be effective upon filing of the 26 concurrent resolution or resolution of the legislative council 27 with the secretary of state. 28 The bill also provides that a measure dictated in a state of 29 disaster emergency proclamation shall not require an individual 30 to receive a SARS-CoV-2 vaccine; authorize an agency to adopt 31 rules pursuant to Code chapter 17A to require an individual to 32 receive a SARS-CoV-2 vaccine; or authorize the imposition or 33 impose any civil or criminal penalties against an individual 34 who refuses to receive a SARS-CoV-2 vaccine. 35 -13- LSB 2129YH (1) 89 pf/rh 13/ 16
H.F. 330 DIVISION V. Division V of the bill relates to unfair 1 or discriminatory practices based on a person’s vaccine 2 status. Division V amends Code chapter 216 (civil rights 3 commission) to provide that it is an unfair or discriminatory 4 practice for any owner, lessee, sublessee, proprietor, 5 manager, or superintendent of any public accommodation or 6 any agent or employee thereof to do certain things based 7 on the basis of a person’s vaccination or immunity status. 8 These unfair or discriminatory practices include: providing 9 any disposition, service, financial aid, or benefit to the 10 person which is different, or is provided in a different 11 manner, from that provided to other members of the general 12 public; subjecting the person to segregation or separate 13 treatment in any matter related to that person’s receipt of 14 any disposition, service, financial aid, or benefit provided 15 to other members of the general public; restricting the person 16 in any way in the enjoyment of any advantage or privilege 17 enjoyed by other persons receiving any disposition, service, 18 financial aid, or benefit provided to other members of the 19 general public; treating the person differently from other 20 persons in determining whether that person satisfies any 21 admission, enrollment, quota, eligibility, membership, or 22 other requirement or condition which a person must meet in 23 order to be provided any disposition, service, financial aid, 24 function, or benefit available to other members of the general 25 public; and denying the person an opportunity to participate 26 in a program through the provision of service or otherwise 27 afford that person an opportunity to do so which is different 28 from that afforded to other members of the general public. 29 The delineation of the actions under the bill as unfair or 30 discriminatory practices provides a basis under Code chapter 31 216 for a person claiming to be aggrieved by the actions to 32 file a complaint with the civil rights commission and to seek 33 relief, judicial review, and enforcement. 34 DIVISION VI. Division VI of the bill relates to prohibiting 35 -14- LSB 2129YH (1) 89 pf/rh 14/ 16
H.F. 330 the connection of a person’s vaccination or immunity status 1 to a state-issued driver’s license or state identification. 2 Division VI prohibits a driver’s license or a nonoperator’s 3 identification card from including the vaccination or 4 immunization status, immunity status, or test results relating 5 to a communicable disease of the holder of any class of 6 driver’s license or a nonoperator’s identification card. 7 DIVISION VII. Division VII of the bill relates to the 8 statewide immunization registry and the Iowa health information 9 network (IHIN) and informed consent. Division VII requires 10 the department of public health to require that a health care 11 provider who administers vaccines and immunizations and is 12 required to consult and review or report the administration 13 of vaccines or immunizations to the statewide immunization 14 registry or IHIN obtain written, informed consent from a 15 patient, or if the patient is a minor, the patient’s parent or 16 legal guardian, prior to reporting the administration of the 17 vaccine or immunization to the statewide immunization registry 18 or IHIN. The written, informed consent shall also provide 19 the patient with the option of consenting to the sharing of 20 the patient’s information with any entity with access to the 21 information contained in the statewide immunization registry 22 or IHIN. The health care provider shall submit a copy of the 23 completed written, informed consent form to the statewide 24 immunization registry or IHIN. A patient, or if the patient is 25 a minor, the patient’s parent or legal guardian, may withdraw 26 or amend the informed consent at any time. If informed consent 27 is subsequently withdrawn, the patient’s information shall be 28 deleted from the statewide immunization registry or IHIN. 29 Additionally, only the information regarding the 30 administration of vaccines or immunizations of a patient from 31 whom written, informed consent has been obtained shall be 32 reported to and included in the statewide immunization registry 33 or IHIN. No other information, report, or record relating 34 to a person from whom written, informed consent has not been 35 -15- LSB 2129YH (1) 89 pf/rh 15/ 16
H.F. 330 obtained shall be maintained by the department or included in 1 the statewide immunization registry or IHIN. 2 -16- LSB 2129YH (1) 89 pf/rh 16/ 16
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