Senate Study Bill 3220 SENATE FILE BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CO=CHAIRPERSON SEYMOUR) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the investigation and control of communicable 2 and infectious diseases. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6398SK 81 5 rn/sh/8 PAG LIN 1 1 Section 1. Section 135.145, subsections 1, 2, and 3, Code 1 2 2005, are amended to read as follows: 1 3 1. When the department of public safety or other federal, 1 4 state, or local law enforcement agency learns of a case of a 1 5reportabledisease or health condition, unusual cluster, or a 1 6 suspicious event that may be the cause of a public health 1 7 disaster, the department or agency shall immediately notify 1 8 the department, the administrator of the homeland security and 1 9 emergency management division of the department of public 1 10 defense, the department of agriculture and land stewardship, 1 11 and the department of natural resources as appropriate. 1 12 2. When the department learns of a case of areportable1 13 disease or health condition, an unusual cluster, or a 1 14 suspicious event thatthe department reasonably believes could 1 15 potentially be caused by bioterrorism or other act of 1 16 terrorismmay be the cause of a public health disaster, the 1 17 department shall immediately notify the department of public 1 18 safety, the homeland security and emergency management 1 19 division of the department of public defense, and other 1 20 appropriate federal, state, and local agencies and officials. 1 21 3. Sharing of information onreportablediseases, health 1 22 conditions, unusual clusters, or suspicious events between the 1 23 department and public safety authorities and other 1 24 governmental agencies shall be restricted to sharing of only 1 25 the information necessary for the prevention, control, and 1 26 investigation of a public health disaster. 1 27 Sec. 2. Section 139A.2, Code 2005, is amended by adding 1 28 the following new subsection: 1 29 NEW SUBSECTION. 0A. "Area quarantine" means prohibiting 1 30 ingress and egress to and from a building, structure, 1 31 facility, or environment to prevent or contain the spread of a 1 32 suspected or confirmed quarantinable disease or to prevent or 1 33 contain exposure to a suspected or known chemical, biological, 1 34 radioactive, or other hazardous or toxic agent. 1 35 Sec. 3. Section 139A.3, Code 2005, is amended by adding 2 1 the following new subsection: 2 2 NEW SUBSECTION. 3. A health care provider or public, 2 3 private, or hospital clinical laboratory shall provide the 2 4 department, local board, or local department with all 2 5 information necessary to conduct an investigation pursuant to 2 6 this chapter upon the oral or written request of the 2 7 department, local board, or local department. The department, 2 8 local board, or local department may also subpoena records, 2 9 reports, and any other evidence necessary to conduct an 2 10 investigation pursuant to this chapter from other persons, 2 11 facilities, and entities pursuant to rules adopted by the 2 12 department. Release of information pursuant to this section 2 13 shall be consistent with the federal Health Insurance 2 14 Portability and Accountability Act of 1996, Pub. L. No. 104= 2 15 191. 2 16 Sec. 4. Section 139A.4, Code 2005, is amended by adding 2 17 the following new subsection: 2 18 NEW SUBSECTION. 4. The department and the local boards 2 19 may impose and enforce area quarantine restrictions according 2 20 to rules adopted by the department. 2 21 EXPLANATION 2 22 This bill concerns efforts to investigate and control 2 23 communicable and infectious diseases by the Iowa department of 2 24 public health, local boards of health, and local health 2 25 departments. 2 26 The bill modifies current provisions in Code section 2 27 135.145 regarding the sharing of information relating to 2 28 reportable diseases and other specified conditions or events 2 29 that may be the cause of a public health disaster, by deleting 2 30 the word "reportable", thereby broadening the provisions to 2 31 include other, nonreportable diseases. As provided in Code 2 32 section 139A.2, a "reportable disease" means any disease 2 33 designated by rule by the department as requiring its 2 34 occurrence to be reported to an appropriate authority. The 2 35 bill also deletes, with respect to a provision that the 3 1 department provide notification of a reportable disease or 3 2 health condition, an unusual cluster, or a suspicious event to 3 3 specified agencies and officials, that the department 3 4 reasonably believes the object of the report could potentially 3 5 be caused by bioterrorism or other act of terrorism, providing 3 6 instead that the object of the report may be the cause of a 3 7 public health disaster. 3 8 The bill provides for a new category or classification of 3 9 quarantine, defining an "area quarantine" to mean prohibiting 3 10 ingress and egress to and from a building, structure, 3 11 facility, or environment to prevent or contain the spread of a 3 12 suspected or confirmed quarantinable disease, or to prevent or 3 13 contain exposure to a suspected or known chemical, biological, 3 14 radioactive, or other hazardous or toxic agent. The bill 3 15 authorizes the department and local boards of health to impose 3 16 and enforce area quarantine restrictions according to rules 3 17 adopted by the department. 3 18 Additionally, the bill provides that health care providers 3 19 and public, private, and hospital clinical laboratories shall 3 20 provide the department, a local board, or local health 3 21 department with all information necessary to conduct an 3 22 investigation relating to Code chapter 139A, dealing with 3 23 communicable and infectious diseases and poisonings, upon the 3 24 oral or written request of the department, local board, or 3 25 local health department. The bill confers upon the 3 26 department, local board, or local health department the 3 27 authority to issue subpoenas for records, reports, or other 3 28 evidence necessary to conduct the investigation from persons, 3 29 facilities, and entities pursuant to rules adopted by the 3 30 department. The bill provides that the release of information 3 31 shall be consistent with the federal Health Insurance 3 32 Portability and Accountability Act of 1996. 3 33 LSB 6398SK 81 3 34 rn:nh/sh/8