SENATE FILE 370

BY  SORENSON

A BILL FOR

An Act authorizing refusal of vaccinations and immunizations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 135.141, subsection 2, paragraph f, Code 2011, is amended to read as follows:
   f.  Coordinate the location, procurement, storage, transportation, maintenance, and distribution of medical supplies, drugs, antidotes, and vaccines to prepare for or in response to a public health disaster, including receiving, distributing, and administering items from the strategic national stockpile program of the centers for disease control and prevention of the United States department of health and human services.  The provisions of this paragraph relating to distribution of vaccines in response to a public health disaster shall not require the vaccination of any person who refuses the vaccination.
   Sec. 2.  Section 135.142, subsection 1, Code 2011, is amended to read as follows:
   1.  The department may purchase and distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies as deemed advisable in the interest of preparing for or controlling a public health disaster.  The provisions of this subsection relating to distribution of vaccines in response to a public health disaster shall not require the vaccination of any person who refuses the vaccination.
   Sec. 3.  Section 135.144, subsection 6, Code 2011, is amended to read as follows:
   6.  Vaccinate or order that individuals be vaccinated against an infectious disease and to prevent the spread of communicable or potentially communicable disease. Vaccinations shall be administered by any qualified person authorized to do so by the department. The vaccination shall not be provided or ordered if it is reasonably likely to lead to serious harm to the affected individual or the individual refuses the vaccination. To prevent the spread of communicable or potentially communicable disease, the department may isolate or quarantine, pursuant to chapter 139A and the rules implementing chapter 139A and this division of this chapter, any person who is unable or unwilling to undergo vaccination pursuant to this subsection.
   Sec. 4.  Section 135.146, subsection 2, Code 2011, is amended to read as follows:
   2.  Participation in the vaccination program shall be voluntary, except for first responders who are classified as having occupational exposure to blood-borne pathogens as defined by the occupational safety and health administration standard contained in 29 C.F.R. § 1910.1030. First responders who are so classified shall be required to receive the vaccinations as described in subsection 1. A first responder shall be exempt from this requirement, however, when a written statement from a licensed physician is presented indicating that a vaccine is medically contraindicated for that person or the first responder signs a written statement that the administration of a vaccination conflicts with religious tenets or that the vaccination is refused.
   Sec. 5.  Section 139A.8, subsection 4, Code 2011, 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)  a.  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)  b.  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.
   c.  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 is refused.
   b.  The exemptions under this subsection do not apply in times of emergency or epidemic as determined by the state board of health and as declared by the director of public health.
EXPLANATION
   This bill authorizes persons to refuse vaccinations and immunizations by amending Code provisions containing vaccination requirements.
   The portion of Code section 135.141, relating to the duties of the department of public health concerning the division of acute disease prevention and emergency response and requiring the department to coordinate distribution of vaccines during a public health disaster, is amended to prohibit required vaccination of any person who refuses the vaccination. Code section 135.142, relating to purchase of health care supplies relating to a public health disaster, is similarly amended.
   Code section 135.144, relating to additional duties of the department during a public health disaster and specifically authorizing the department to provide or order vaccinations, is amended to prohibit providing or ordering vaccination of any person who refuses the vaccination.
   Code section 135.146, establishing a first responder vaccination program and requiring first responders who are classified as having occupational exposure to blood-borne pathogens, as defined by federal requirements, to receive vaccinations unless medically contraindicated or in conflict with a religious tenet of the first responder, is amended to allow the first responder to refuse by signing a written statement.
   Code section 139A.8, listing immunizations required of children enrolling in an elementary school, secondary school, or licensed child care center, is amended to allow enrollment if 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 is refused. In addition, the bill repeals authority to eliminate immunization exemptions during times of emergency or epidemic, as determined by the state board of health and as declared by the director of public health.