Bill Text: IA SF370 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act authorizing refusal of vaccinations and immunizations.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF370 Detail]
Download: Iowa-2011-SF370-Introduced.html
Senate
File
370
-
Introduced
SENATE
FILE
370
BY
SORENSON
A
BILL
FOR
An
Act
authorizing
refusal
of
vaccinations
and
immunizations.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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370
Section
1.
Section
135.141,
subsection
2,
paragraph
f,
Code
1
2011,
is
amended
to
read
as
follows:
2
f.
Coordinate
the
location,
procurement,
storage,
3
transportation,
maintenance,
and
distribution
of
medical
4
supplies,
drugs,
antidotes,
and
vaccines
to
prepare
for
or
in
5
response
to
a
public
health
disaster,
including
receiving,
6
distributing,
and
administering
items
from
the
strategic
7
national
stockpile
program
of
the
centers
for
disease
control
8
and
prevention
of
the
United
States
department
of
health
and
9
human
services.
The
provisions
of
this
paragraph
relating
10
to
distribution
of
vaccines
in
response
to
a
public
health
11
disaster
shall
not
require
the
vaccination
of
any
person
who
12
refuses
the
vaccination.
13
Sec.
2.
Section
135.142,
subsection
1,
Code
2011,
is
amended
14
to
read
as
follows:
15
1.
The
department
may
purchase
and
distribute
antitoxins,
16
serums,
vaccines,
immunizing
agents,
antibiotics,
and
other
17
pharmaceutical
agents
or
medical
supplies
as
deemed
advisable
18
in
the
interest
of
preparing
for
or
controlling
a
public
19
health
disaster.
The
provisions
of
this
subsection
relating
20
to
distribution
of
vaccines
in
response
to
a
public
health
21
disaster
shall
not
require
the
vaccination
of
any
person
who
22
refuses
the
vaccination.
23
Sec.
3.
Section
135.144,
subsection
6,
Code
2011,
is
amended
24
to
read
as
follows:
25
6.
Vaccinate
or
order
that
individuals
be
vaccinated
26
against
an
infectious
disease
and
to
prevent
the
spread
of
27
communicable
or
potentially
communicable
disease.
Vaccinations
28
shall
be
administered
by
any
qualified
person
authorized
to
do
29
so
by
the
department.
The
vaccination
shall
not
be
provided
30
or
ordered
if
it
is
reasonably
likely
to
lead
to
serious
31
harm
to
the
affected
individual
or
the
individual
refuses
32
the
vaccination
.
To
prevent
the
spread
of
communicable
or
33
potentially
communicable
disease,
the
department
may
isolate
or
34
quarantine,
pursuant
to
chapter
139A
and
the
rules
implementing
35
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370
chapter
139A
and
this
division
of
this
chapter
,
any
person
who
1
is
unable
or
unwilling
to
undergo
vaccination
pursuant
to
this
2
subsection
.
3
Sec.
4.
Section
135.146,
subsection
2,
Code
2011,
is
amended
4
to
read
as
follows:
5
2.
Participation
in
the
vaccination
program
shall
be
6
voluntary,
except
for
first
responders
who
are
classified
7
as
having
occupational
exposure
to
blood-borne
pathogens
as
8
defined
by
the
occupational
safety
and
health
administration
9
standard
contained
in
29
C.F.R.
§
1910.1030.
First
responders
10
who
are
so
classified
shall
be
required
to
receive
the
11
vaccinations
as
described
in
subsection
1
.
A
first
responder
12
shall
be
exempt
from
this
requirement,
however,
when
a
written
13
statement
from
a
licensed
physician
is
presented
indicating
14
that
a
vaccine
is
medically
contraindicated
for
that
person
15
or
the
first
responder
signs
a
written
statement
that
the
16
administration
of
a
vaccination
conflicts
with
religious
tenets
17
or
that
the
vaccination
is
refused
.
18
Sec.
5.
Section
139A.8,
subsection
4,
Code
2011,
is
amended
19
to
read
as
follows:
20
4.
a.
Immunization
is
not
required
for
a
person’s
21
enrollment
in
any
elementary
or
secondary
school
or
licensed
22
child
care
center
if
either
any
of
the
following
applies:
23
(1)
a.
The
applicant,
or
if
the
applicant
is
a
minor,
the
24
applicant’s
parent
or
legal
guardian,
submits
to
the
admitting
25
official
a
statement
signed
by
a
physician,
advanced
registered
26
nurse
practitioner,
or
physician
assistant
who
is
licensed
by
27
the
board
of
medicine,
board
of
nursing,
or
board
of
physician
28
assistants
that
the
immunizations
required
would
be
injurious
29
to
the
health
and
well-being
of
the
applicant
or
any
member
of
30
the
applicant’s
family.
31
(2)
b.
The
applicant,
or
if
the
applicant
is
a
minor,
the
32
applicant’s
parent
or
legal
guardian,
submits
an
affidavit
33
signed
by
the
applicant,
or
if
the
applicant
is
a
minor,
34
the
applicant’s
parent
or
legal
guardian,
stating
that
the
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370
immunization
conflicts
with
the
tenets
and
practices
of
a
1
recognized
religious
denomination
of
which
the
applicant
is
an
2
adherent
or
member.
3
c.
The
applicant,
or
if
the
applicant
is
a
minor,
the
4
applicant’s
parent
or
legal
guardian,
submits
an
affidavit
5
signed
by
the
applicant,
or
if
the
applicant
is
a
minor,
6
the
applicant’s
parent
or
legal
guardian,
stating
that
the
7
immunization
is
refused.
8
b.
The
exemptions
under
this
subsection
do
not
apply
in
9
times
of
emergency
or
epidemic
as
determined
by
the
state
board
10
of
health
and
as
declared
by
the
director
of
public
health.
11
EXPLANATION
12
This
bill
authorizes
persons
to
refuse
vaccinations
13
and
immunizations
by
amending
Code
provisions
containing
14
vaccination
requirements.
15
The
portion
of
Code
section
135.141,
relating
to
the
duties
16
of
the
department
of
public
health
concerning
the
division
of
17
acute
disease
prevention
and
emergency
response
and
requiring
18
the
department
to
coordinate
distribution
of
vaccines
during
19
a
public
health
disaster,
is
amended
to
prohibit
required
20
vaccination
of
any
person
who
refuses
the
vaccination.
Code
21
section
135.142,
relating
to
purchase
of
health
care
supplies
22
relating
to
a
public
health
disaster,
is
similarly
amended.
23
Code
section
135.144,
relating
to
additional
duties
of
the
24
department
during
a
public
health
disaster
and
specifically
25
authorizing
the
department
to
provide
or
order
vaccinations,
is
26
amended
to
prohibit
providing
or
ordering
vaccination
of
any
27
person
who
refuses
the
vaccination.
28
Code
section
135.146,
establishing
a
first
responder
29
vaccination
program
and
requiring
first
responders
who
are
30
classified
as
having
occupational
exposure
to
blood-borne
31
pathogens,
as
defined
by
federal
requirements,
to
receive
32
vaccinations
unless
medically
contraindicated
or
in
conflict
33
with
a
religious
tenet
of
the
first
responder,
is
amended
34
to
allow
the
first
responder
to
refuse
by
signing
a
written
35
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370
statement.
1
Code
section
139A.8,
listing
immunizations
required
2
of
children
enrolling
in
an
elementary
school,
secondary
3
school,
or
licensed
child
care
center,
is
amended
to
allow
4
enrollment
if
the
applicant,
or
if
the
applicant
is
a
minor,
5
the
applicant’s
parent
or
legal
guardian,
submits
an
affidavit
6
signed
by
the
applicant,
or
if
the
applicant
is
a
minor,
7
the
applicant’s
parent
or
legal
guardian,
stating
that
the
8
immunization
is
refused.
In
addition,
the
bill
repeals
9
authority
to
eliminate
immunization
exemptions
during
times
10
of
emergency
or
epidemic,
as
determined
by
the
state
board
of
11
health
and
as
declared
by
the
director
of
public
health.
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