Bill Text: IA SF193 | 2021-2022 | 89th General Assembly | Introduced

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Bill Title: A bill for an act relating to requirements and prohibitions relating to vaccines and immunizations, and providing civil remedies.(See SF 555.)

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2021-03-04 - Committee report approving bill, renumbered as SF 555. S.J. 524. [SF193 Detail]

Download: Iowa-2021-SF193-Introduced.html

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Senate File 193 - Introduced
SENATE FILE 193
BY GUTH , JOHNSON , SCHULTZ ,
WHITING , and CARLIN
A BILL FOR
An Act relating to requirements and prohibitions relating to
vaccines and immunizations, and providing civil remedies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
PROHIBITION OF VACCINE MANDATES BY EMPLOYERS
Section 1. NEW SECTION . 94.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Applicant” means a natural person who applies to be an
employee.
2. “Employee” means a natural person who is employed in this
state for wages by an employer.
3. “Employer” means a person, as defined in chapter 4, who
in this state employs for wages, natural persons.
Sec. 2. NEW SECTION . 94.2 Vaccination requirements or
history —— prohibited acts by employer.
An employer shall not fail or refuse to hire, discharge,
penalize, or otherwise discriminate against an employee with
respect to compensation or the terms, conditions, or privileges
of employment based on either of the following:
1. The employee’s vaccination history.
2. The refusal of the employee to receive a vaccine or
provide proof of immunity.
Sec. 3. NEW SECTION . 94.3 Civil remedies.
An employee whose rights are violated under this chapter may
bring an action against an employer in the district court in
the county where the employer is located for injunctive relief,
actual damages, admission or reinstatement of the employee with
back pay plus ten percent interest, or any other appropriate
relief necessary to ensure compliance with this chapter.
DIVISION II
PROHIBITION AGAINST VACCINE MANDATES RELATIVE TO FACILITIES,
PROVIDERS, AND INSURERS
Sec. 4. NEW SECTION . 135Q.1 Definitions.
As used in this chapter, unless the content otherwise
requires:
1. “Assisted living program” means the same as defined in
section 231C.2.
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2. “Communicable disease” means the same as defined in
section 139A.2.
3. “Health care facility” means the same as defined in
section 135C.1.
4. “Health care provider” means a person licensed or
certified by and subject to the authority of a board as defined
in section 147.2 who provides professional health care services
to a patient during that patient’s medical care, treatment, or
confinement.
5. “Hospital” means the same as defined in section 135B.1.
6. “Insurer” means an entity providing a plan of health
insurance, health care benefits, or health care services, or
an entity subject to the jurisdiction of the commissioner
of insurance performing utilization review, including an
insurance company offering sickness and accident plans, a
health maintenance organization, a nonprofit health service
corporation, a plan established pursuant to chapter 509A
for public employees, or any other entity providing a plan
of health insurance, health care benefits, or health care
services.
7. “Patient” means a person who has received or is receiving
professional health care services from a health care facility,
health care provider, or hospital.
8. “Resident” means a resident of a health care facility.
9. “Tenant” means a tenant of an assisted living program.
Sec. 5. NEW SECTION . 135Q.2 Immunizations —— prohibited
discrimination —— civil remedies.
1. A hospital or health care facility shall not do any of
the following:
a. Require a health care provider, staff member, employee,
or applicant for one of these positions to be immunized.
b. Discriminate against or terminate the employment of a
health care provider, staff member, employee, or applicant for
one of these positions based on the person’s refusal to receive
an immunization.
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2. A hospital, health care facility, or a health care
provider, staff member, or employee of a hospital or health
care facility shall not discriminate against or terminate
treatment of a patient based upon the patient’s refusal to
receive an immunization.
3. A health care facility or assisted living program shall
not discriminate against or terminate treatment of a resident
or tenant solely on the basis of the resident or tenant not
having received, or refusing to receive, an immunization for a
specific communicable disease.
4. A hospital, health care facility, or educational
institution providing clinical experience to satisfy the
professional degree requirements of a student, intern, or
resident shall not discriminate against the student, intern, or
resident, or prohibit admission, enrollment, or employment as a
student, intern, or resident based on the immunization status
of the student, intern, or resident.
5. A person aggrieved under this section may petition the
district court in the county where the hospital, health care
facility, assisted living program, or educational institution
is located for any of the following:
a. Injunctive relief against any further violation.
b. Affirmative relief, including reinstatement of employment
with back pay and interest, or any other equitable relief the
court deems appropriate.
c. Other appropriate relief necessary to ensure compliance
with this section.
6. A hospital, health care facility, health care provider,
educational institution, or assisted living program that
violates this section is not eligible to receive state funding
for reimbursement of services provided to patients, residents,
or tenants.
Sec. 6. NEW SECTION . 135Q.3 Immunization —— health care
providers —— prohibited discrimination.
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
to renew a license, and shall not take disciplinary action
against a licensee based on the applicant’s or licensee’s
immunization history or refusal to submit to an immunization.
Sec. 7. NEW SECTION . 135Q.4 Immunizations —— prohibited
actions —— insurers and insurer ratings —— cease and desist
orders and penalties.
1. An insurer providing a group policy, contract, or plan
for health insurance shall not use the immunization status of
a person as a basis to reject; deny; limit; cancel; refuse to
renew; increase the premiums for; limit the amount, extent, or
kind of coverage available to; or otherwise adversely affect
eligibility or coverage for the group health policy, contract,
or plan for health insurance.
2. An insurer providing a group policy, contract, or plan
for health insurance shall not use the immunization status of a
person as a qualification or requirement for contracting with
the person’s health care provider or as a basis for terminating
a contract with the person’s health care provider.
3. An insurer providing a group policy, contract, or
plan for health insurance shall not do any of the following
regarding the administration of immunizations to covered
persons:
a. Provide financial or other incentives to a participating
health care provider based upon attaining a certain
immunization administration rate.
b. Impose a financial or other penalty on a participating
health care provider who does not attain a certain immunization
administration rate.
4. The immunization status of a person covered by a group
policy, contract, or plan for health insurance shall not be
used as a factor in the rating of a group policy, contract, or
plan for health insurance in this state.
5. An insurer issuing a group policy, contract, or plan for
health insurance who violates this section is subject to the
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summary cease and desist order, cease and desist order, and
penalty provisions pursuant to chapter 507B.
DIVISION III
CHILDREN AND STUDENTS —— VACCINE MANDATES
Sec. 8. Section 139A.8, subsection 4, Code 2021, is amended
to read as follows:
4. a. Immunization is not required for a person’s
enrollment in any elementary or secondary school or licensed
child care center if either any of the following applies:
(1) The applicant, or if the applicant is a minor, the
applicant’s parent or legal guardian, submits to the admitting
official a statement signed by a physician, advanced registered
nurse practitioner, or physician assistant who is licensed by
the board of medicine, board of nursing, or board of physician
assistants that the immunizations required would be injurious
to the health and well-being of the applicant or any member of
the applicant’s family.
(2) The applicant, or if the applicant is a minor, the
applicant’s parent or legal guardian, submits an affidavit
signed by the applicant, or if the applicant is a minor,
the applicant’s parent or legal guardian, stating that the
immunization conflicts with the tenets and practices of a
recognized religious denomination of which the applicant is
an adherent or member sincerely held religious beliefs of the
applicant, or if the applicant is a minor, of the applicant’s
parent or legal guardian .
(3) The applicant, or if the applicant is a minor, the
applicant’s parent or legal guardian, submits an affidavit
signed by the applicant, or if the applicant is a minor, signed
by the applicant’s parent or legal guardian, stating that the
immunization conflicts with the conscientiously held beliefs
of the applicant, or if the applicant is a minor, of the
applicant’s parent or legal guardian.
b. The exemptions under this subsection do not also apply in
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.
DIVISION IV
PROHIBITING DISCRIMINATION AND RIGHT-OF-ACCESS RESTRICTIONS
BASED ON VACCINE STATUS OR PROOF OF IMMUNITY
Sec. 9. Section 216.2, subsection 15, Code 2021, is amended
to read as follows:
15. “Unfair practice” or “discriminatory practice” means
those practices specified as unfair or discriminatory in
sections 216.6 , 216.6A , 216.7 , 216.7A, 216.8 , 216.8A , 216.8B ,
216.9 , 216.10 , 216.11 , and 216.11A .
Sec. 10. NEW SECTION . 216.7A Unfair practices —— public
accommodations —— vaccination status.
It shall be an unfair or discriminatory practice for
any owner, lessee, sublessee, proprietor, manager, or
superintendent of any public accommodation or any agent or
employee thereof to do any of the following on the basis of a
person’s vaccination or immunity status:
1. Provide any disposition, service, financial aid, or
benefit to the person which is different, or is provided in a
different manner, from that provided to other members of the
general public.
2. Subject the person to segregation or separate treatment
in any matter related to that person’s receipt of any
disposition, service, financial aid, or benefit provided to
other members of the general public.
3. Restrict the person in any way in the enjoyment of any
advantage or privilege enjoyed by other persons receiving any
disposition, service, financial aid, or benefit provided to
other members of the general public.
4. Treat the person differently from other persons in
determining whether that person satisfies any admission,
enrollment, quota, eligibility, membership, or other
requirement or condition which a person must meet in order to
be provided any disposition, service, financial aid, function,
or benefit available to other members of the general public.
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5. Deny the person an opportunity to participate in a
program through the provision of service or otherwise afford
that person an opportunity to do so which is different from
that afforded to other members of the general public.
DIVISION V
PROHIBITING THE CONNECTION OF VACCINATION OR IMMUNITY STATUS TO
A STATE-ISSUED DRIVER’S LICENSE
Sec. 11. Section 321.189, subsection 2, Code 2021, is
amended by adding the following new paragraph:
NEW PARAGRAPH . e. A driver’s license shall not include the
vaccination or immunization status, immunity status, or test
results relating to a communicable disease of the holder of any
class of driver’s license.
Sec. 12. Section 321.190, subsection 1, paragraph a, Code
2021, is amended to read as follows:
a. The department shall, upon application and payment
of the required fee, issue to an applicant a nonoperator’s
identification card. To be valid the card shall bear a
distinguishing number other than a social security number
assigned to the cardholder, the full name, date of birth,
sex, residence address, a physical description and a color
photograph of the cardholder, the usual signature of the
cardholder, and such other information as the department
may require by rule. An applicant for a nonoperator’s
identification card shall apply for the card in the manner
provided in section 321.182, subsections 1 through 3 . The card
shall be issued to the applicant at the time of application
pursuant to procedures established by rule. An applicant for a
nonoperator’s identification card who is required by 50 U.S.C.
app. §451 et seq. to register with the United States selective
service system shall be registered by the department with the
selective service system as provided in section 321.183 . An
applicant for a nonoperator’s identification card shall not
be required to receive the SARS-CoV-2 vaccine in order to be
issued a card and the card shall not include the vaccination or
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immunization status, immunity status, or test results relating
to a communicable disease of the holder of the card.
DIVISION VI
STATEWIDE IMMUNIZATION REGISTRY AND IOWA HEALTH INFORMATION
NETWORK —— INFORMED CONSENT
Sec. 13. NEW SECTION . 139A.8B Statewide immunization
registry and Iowa health information network —— informed consent.
The department shall require that a health care provider
who administers vaccines and immunizations and is required to
consult and review or report the administration of vaccines
or immunizations to the statewide immunization registry or
Iowa health information network obtain written, informed
consent from a patient, or if the patient is a minor, the
patient’s parent or legal guardian, prior to reporting the
administration of the vaccine or immunization to the statewide
immunization registry or Iowa health information network.
The written, informed consent shall also provide the patient
with the option of consenting to the sharing of the patient’s
information with any entity with access to the information
contained in the statewide immunization registry or Iowa
health information network. The health care provider shall
submit a copy of the completed written, informed consent
form to the statewide immunization registry or Iowa health
information network. A patient, or if the patient is a minor,
the patient’s parent or legal guardian, may withdraw or amend
the written, informed consent at any time. If informed consent
is subsequently withdrawn, the patient’s information shall be
deleted from the statewide immunization registry or Iowa health
information network database. Only the information regarding
the administration of vaccines or immunizations of a patient
from whom written, informed consent has been obtained shall be
reported to and included in the statewide immunization registry
or Iowa health information network. No information, report, or
record relating to a person from whom written, informed consent
has not been obtained shall be maintained by the department or
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included in the statewide immunization registry or Iowa health
information network.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to vaccinations and immunizations. The
bill is drafted in divisions.
DIVISION I. Division I of the bill relates to prohibitions
against vaccine mandates by employers. Division I prohibits an
employer from failing or refusing to hire, discharge, penalize,
or otherwise discriminate against an employee with respect
to compensation or the terms, conditions, or privileges of
employment based on the employee’s vaccination history or the
refusal of the employee to receive a vaccine or provide proof
of immunity. An employee whose rights are violated under the
division of the bill may bring an action against an employer
in the district court in the county where the employer is
located for injunctive relief, actual damages, admission or
reinstatement of the employee with back pay plus 10 percent
interest, or any other appropriate relief necessary to ensure
compliance with the division of the bill.
DIVISION II. Division II of the bill relates to vaccination
safety and the right of refusal. Division II provides
definitions used in the Code chapter. Division II of the bill
prohibits a hospital or health care facility from requiring a
health care provider, staff member, employee, or applicant for
one of these positions to be immunized or from discriminating
against or terminating the employment of a health care
provider, staff member, employee, or applicant for one of
these positions, based on the person’s refusal to receive an
immunization. The division prohibits a hospital, health care
facility, or a health care provider, staff member, or employee
of a hospital or health care facility from discriminating
against or terminating treatment of a patient based upon the
patient’s refusal to receive an immunization, and a health
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care facility or assisted living program is also prohibited
from discriminating against or terminating treatment of a
resident or tenant due to the resident or tenant failing or
refusing to receive an immunization for a specific communicable
disease. Under this division of the bill, a hospital, health
care facility, or educational institution providing clinical
experience to satisfy the professional degree requirements of a
student, intern, or resident is prohibited from discriminating
against the student, intern, or resident, or prohibiting
admission, enrollment, or employment as a student, intern,
or resident based on the immunization status of the student,
intern, or resident. A person aggrieved under this portion of
the bill may petition the district court in the county where
the hospital, health care facility, assisted living program,
or educational institution is located for injunctive relief;
affirmative relief, including reinstatement of employment with
back pay and interest or any other equitable relief the court
deems appropriate; or other appropriate relief necessary to
ensure compliance with this division of the bill. A hospital,
health care facility, health care provider, educational
institution, or assisted living program that violates this
portion of the bill is ineligible to receive state funding for
reimbursement of services.
Division II of the bill also prohibits a health care provider
licensing authority from denying an applicant for a license
or suspending, revoking, or refusing to renew a license, or
from taking disciplinary action against a licensee based on an
applicant’s or licensee’s immunization history or refusal to
submit to an immunization.
Division II of the bill prohibits an insurer providing a
group policy, contract, or plan for health insurance from
using the immunization status of a person as a basis to
reject; deny; limit; cancel; refuse to renew; increase the
premiums for; limit the amount, extent, or kind of coverage
available to; or otherwise adversely affect eligibility or
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coverage for the group health policy, contract, or plan for
health insurance. Division II also prohibits an insurer
providing a group policy, contract, or plan for health
insurance from using the immunization status of a person
as a qualification or requirement for contracting with the
person’s provider or as a basis for terminating a contract
with the person’s provider. Division II of the bill prohibits
an insurer providing a group policy, contract, or plan for
health insurance from providing financial or other incentives
to a participating provider based upon attaining a certain
immunization administration rate or from imposing financial or
other penalties on a participating provider who does not attain
a certain immunization administration rate. Division II of the
bill prohibits the immunization status of a person covered by a
group policy, contract, or plan for health insurance from being
used as a factor in the rating of a group policy, contract, or
plan for health insurance in Iowa. An insurer issuing a group
policy, contract, or plan for health insurance who violates
any of these provisions of the bill is subject to the summary
cease and desist order, cease and desist order, and penalty
provisions pursuant to Code chapter 507B (insurance trade
practices).
DIVISION III. Division III of the bill relates to exemptions
from immunizations and vaccinations.
Division III includes as a new exemption from immunizations
otherwise required for a person’s enrollment in any elementary
or secondary school or licensed child care center, an exemption
based on the submission of a signed affidavit by the applicant,
or if the applicant is a minor, by the applicant’s parent
or legal guardian, stating that the immunization conflicts
with the conscientiously held beliefs of the applicant, or if
the applicant is a minor, of the applicant’s parent or legal
guardian. Existing provisions direct the department of public
health, in consultation with the director of the department of
education, to adopt rules to implement this provision.
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This division of the bill also amends the current provision
relating to an exemption based on religious beliefs of the
applicant, or if the applicant is a minor, the applicant’s
parent or legal guardian.
DIVISION IV. Division IV of the bill relates to unfair
or discriminatory practices based on a person’s vaccine
status. Division IV amends Code chapter 216 (civil rights
commission) to provide that it is an unfair or discriminatory
practice for any owner, lessee, sublessee, proprietor,
manager, or superintendent of any public accommodation or
any agent or employee thereof to do certain things based
on the basis of a person’s vaccination or immunity status.
These unfair or discriminatory practices include: providing
any disposition, service, financial aid, or benefit to the
person which is different, or is provided in a different
manner, from that provided to other members of the general
public; subjecting the person to segregation or separate
treatment in any matter related to that person’s receipt of
any disposition, service, financial aid, or benefit provided
to other members of the general public; restricting the person
in any way in the enjoyment of any advantage or privilege
enjoyed by other persons receiving any disposition, service,
financial aid, or benefit provided to other members of the
general public; treating the person differently from other
persons in determining whether that person satisfies any
admission, enrollment, quota, eligibility, membership, or other
requirement or condition which a person must meet in order to
be provided any disposition, service, financial aid, function,
or benefit available to other members of the general public;
and denying the person an opportunity to participate in a
program through the provision of service or otherwise afford
that person an opportunity to do so which is different from
that afforded to other members of the general public. The
delineation of the actions under this division of the bill
as unfair or discriminatory practices provides a basis under
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Code chapter 216 for a person claiming to be aggrieved by the
actions to file a complaint with the civil rights commission
and to seek relief, judicial review, and enforcement.
DIVISION V. Division V of the bill relates to prohibiting
the connection of a person’s vaccination or immunity status
to a state-issued driver’s license or state identification.
Division V prohibits a driver’s license or a nonoperator’s
identification card from including the vaccination or
immunization status, immunity status, or test results relating
to a communicable disease of the holder of any class of
driver’s license or a nonoperator’s identification card.
DIVISION VI. Division VI of the bill relates to the
statewide immunization registry and the Iowa health information
network (IHIN) and informed consent. Division VI requires
the department of public health to require that a health care
provider who administers vaccines and immunizations and is
required to consult and review or report the administration
of vaccines or immunizations to the statewide immunization
registry or IHIN obtain written, informed consent from a
patient, or if the patient is a minor, the patient’s parent or
legal guardian, prior to reporting the administration of the
vaccine or immunization to the statewide immunization registry
or IHIN. The written, informed consent shall also provide
the patient with the option of consenting to the sharing of
the patient’s information with any entity with access to the
information contained in the statewide immunization registry
or IHIN. The health care provider shall submit a copy of the
completed written, informed consent form to the statewide
immunization registry or IHIN. A patient, or if the patient is
a minor, the patient’s parent or legal guardian, may withdraw
or amend the informed consent at any time. If informed consent
is subsequently withdrawn, the patient’s information shall be
deleted from the statewide immunization registry or IHIN.
Additionally, only the information regarding the
administration of vaccines or immunizations of a patient from
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whom written, informed consent has been obtained shall be
reported to and included in the statewide immunization registry
or IHIN. No other information, report, or record relating
to a person from whom written, informed consent has not been
obtained shall be maintained by the department or included in
the statewide immunization registry or IHIN.
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