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 - Dead) 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:
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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.
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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.
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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
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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
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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
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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:
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(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
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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
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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
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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
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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
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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
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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.
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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
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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
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