HF 166 (LSB 1963YH (3) 90)

HOUSE FILE 166

BY  HAYES

A BILL FOR

An Act relating to vaccines, including modifying provisions related to a minor’s legal capacity to give consent to the provision of vaccines and provisions related to the instruction provided to students enrolled in school districts, accredited nonpublic schools, and charter schools related to the human papilloma virus.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 139A.35, Code 2023, is amended to read as follows:
   139A.35  Minors.
   A Except for the provision of vaccinations included on the vaccine injury table pursuant to 42 U.S.C. §300aa-14, as amended, a minor shall have the legal capacity to act and give consent to provision of medical care or services to the minor for the prevention, diagnosis, or treatment of a sexually transmitted disease or infection by a hospital, clinic, or health care provider. Such medical care or services shall be provided by or under the supervision of a physician licensed to practice medicine and surgery or osteopathic medicine and surgery, a physician assistant, or an advanced registered nurse practitioner. Consent shall not be subject to later disaffirmance by reason of such minority. The consent of another person, including but not limited to the consent of a spouse, parent, custodian, or guardian, shall not be necessary.
    Sec. 2.  Section 256.11, subsection 4, Code 2023, is amended to read as follows:
   4.  The following shall be taught in grades seven and eight:  English-language arts; social studies; mathematics; science; health; age-appropriate and research-based human growth and development; career exploration and development; physical education; music; and visual art. Computer science instruction incorporating the standards established under section 256.7, subsection 26, paragraph “a”, subparagraph (4), shall be offered in at least one grade level commencing with the school year beginning July 1, 2023. Career exploration and development shall be designed so that students are appropriately prepared to create an individual career and academic plan pursuant to section 279.61, incorporate foundational career and technical education concepts aligned with the six career and technical education service areas as defined in  subsection 5, paragraph “h”, and incorporate relevant twenty-first century skills. The health curriculum shall include age-appropriate and research-based information regarding the characteristics of sexually transmitted diseases, including HPV and the availability of a vaccine to prevent HPV, and acquired immune deficiency syndrome. The state board as part of accreditation standards shall adopt curriculum definitions for implementing the program in grades seven and eight. However, this subsection shall not apply to the teaching of career exploration and development in nonpublic schools. For purposes of this section, “age-appropriate”,

“HPV”, and “research-based” mean the same as defined in section 279.50.
    Sec. 3.  Section 256.11, subsection 5, paragraph j, subparagraph (1), Code 2023, is amended to read as follows:
   (1)  One unit of health education which shall include personal health; food and nutrition; environmental health; safety and survival skills; consumer health; family life; age-appropriate and research-based human growth and development; substance abuse and nonuse; emotional and social health; health resources; and prevention and control of disease, including age-appropriate and research-based information regarding sexually transmitted diseases, including HPV and the availability of a vaccine to prevent HPV, and acquired immune deficiency syndrome.
    Sec. 4.  Section 279.50, subsection 2, Code 2023, is amended to read as follows:
   2.  Each school board shall provide age-appropriate and research-based instruction in human growth and development including instruction regarding human sexuality, self-esteem, stress management, interpersonal relationships, domestic abuse, HPV and the availability of a vaccine to prevent HPV, and acquired immune deficiency syndrome as required in section 256.11, in grades one through twelve.
    Sec. 5.  Section 279.50, subsection 9, paragraphs b and c, Code 2023, are amended by striking the paragraphs.
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 vaccines, including modifying provisions related to a minor’s legal capacity to give consent to the provision of vaccines and provisions related to the instruction provided to students enrolled in school districts, accredited nonpublic schools, and charter schools related to the human papilloma virus.
   Current law provides that a minor has the legal capacity to act and give consent to provision of medical care or services to the minor for the prevention, diagnosis, or treatment of a sexually transmitted disease or infection by a hospital, clinic, or health care provider. The bill modifies this provision to provide that a minor shall not have the legal capacity to give consent for the provision of vaccinations included on the vaccine injury table created and revised pursuant to federal law.
   Current law requires that the human growth and development or health curriculum provided to students enrolled in school districts, accredited nonpublic schools, and charter schools be both research-based and age-appropriate. Within those limitations, current law also requires that the human growth and development or health curriculum include information regarding the human papilloma virus (HPV) and the availability of a vaccine to prevent HPV. The bill strikes this requirement.