House File 368 - Introduced
HOUSE FILE
BY McCARTHY, J.R. VAN FOSSEN,
HUTTER, and PETTENGILL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to public safety provisions involving the health
2 of children.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1329YH 81
5 jp/gg/14
PAG LIN
1 1 Section 1. Section 256B.8, unnumbered paragraph 3, Code
1 2 2005, is amended by striking the unnumbered paragraph.
1 3 Sec. 2. Section 726.6, subsection 1, paragraph d, Code
1 4 2005, is amended to read as follows:
1 5 d. Willfully deprives a child or minor of necessary food,
1 6 clothing, shelter, health care or supervision appropriate to
1 7 the child or minor's age, when the person is reasonably able
1 8 to make the necessary provisions and which deprivation
1 9 substantially harms the child or minor's physical, mental, or
1 10 emotional health. For purposes of this paragraph, the failure
1 11 to provide specific medical treatment shall not for that
1 12 reason alone be considered willful deprivation of health care
1 13 if the person can show that such treatment would conflict with
1 14 the tenets and practice of a recognized religious denomination
1 15 of which the person is an adherent or member. This exception
1 16 does not in any manner restrict the right of an interested
1 17 party to petition the court on behalf of the best interest of
1 18 the child or minor.
1 19 Sec. 3. Section 255.10, Code 2005, is repealed.
1 20 EXPLANATION
1 21 This bill relates to public safety provisions involving the
1 22 health of children.
1 23 Code section 256B.8, relating to exceptions and special
1 24 provisions involving the requirements for school districts to
1 25 provide special education to children, is amended by striking
1 26 an exception. The stricken language states that the special
1 27 education Code chapter shall not be construed to require a
1 28 person who is a member of a well=recognized church or
1 29 religious denomination and whose religious convictions, in
1 30 accordance with the tenets or principles of the church or
1 31 denomination, are opposed to medical or surgical treatment for
1 32 disease to take or follow a course of physical therapy, or
1 33 submit to medical treatment. The stricken provision also
1 34 states that a parent or guardian who is a member of such
1 35 church or religious denomination and who has such religious
2 1 convictions shall not be required to enroll a child in any
2 2 course or instruction which utilizes medical or surgical
2 3 treatment for disease.
2 4 An exception to one of the grounds constituting the crime
2 5 of child endangerment in Code section 726.6 is stricken. The
2 6 stricken exception provides that a failure to provide specific
2 7 medical treatment is not for that reason alone to be
2 8 considered willful deprivation of health care constituting
2 9 child endangerment if the person can show the treatment would
2 10 conflict with the tenets and practice of a recognized
2 11 religious denomination of which the person is an adherent or
2 12 member.
2 13 The bill repeals Code section 255.10 in the Code chapter
2 14 relating to the provision of medical and surgical treatment by
2 15 the university of Iowa hospitals and clinics to persons who
2 16 are indigent. This program is often referred to as the "state
2 17 papers program". The repealed section allows the county board
2 18 of supervisors to refuse to issue an order directing that a
2 19 patient be taken for treatment if the patient or the patient's
2 20 parent or guardian is a member of a religious denomination
2 21 whose tenets preclude dependence on the practice of medicine
2 22 or surgery and desires in good faith to rely upon the practice
2 23 of their religion for relief from disease or disorder.
2 24 LSB 1329YH 81
2 25 jp:nh/gg/14