House File 297 - Introduced HOUSE FILE 297 BY SHIPLEY A BILL FOR An Act relating to the provision of informed consent prior to 1 the administration of a vaccine. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2345YH (3) 88 pf/rh

H.F. 297 Section 1. NEW SECTION . 135.39E Informed consent —— 1 administration of vaccines. 2 A health professional who administers vaccines shall provide 3 all of the following information to a person or, if the person 4 is a minor, to the person’s parent or legal guardian, before 5 administering a vaccine: 6 1. The benefits and risks of the vaccine. 7 2. The vaccine manufacturer’s product insert. 8 3. The centers for disease control and prevention of the 9 United States department of health and human services excipient 10 and media summary for the vaccine. 11 4. How to report a vaccine-adverse event. 12 Sec. 2. Section 139A.8, subsection 8, Code 2019, is amended 13 to read as follows: 14 8. The department, in consultation with the director 15 of the department of education, shall adopt rules for the 16 implementation of this section and shall provide those rules to 17 local school boards and local boards. The rules shall include 18 required compliance with the informed consent provisions 19 specified pursuant to section 135.39E. 20 Sec. 3. Section 139A.26, subsection 1, Code 2019, is amended 21 to read as follows: 22 1. Each institution of higher education that has an 23 on-campus residence hall or dormitory shall provide vaccination 24 information on meningococcal disease to each student enrolled 25 in the institution. The vaccination information shall be 26 contained on student health forms provided to each student 27 by the institution, which forms shall include space for the 28 student to indicate whether or not the student has received the 29 vaccination against meningococcal disease. The vaccination 30 information about meningococcal disease shall include any 31 recommendations issued by the national centers for disease 32 control and prevention regarding the disease. The vaccination 33 information shall also include the requirements regarding 34 informed consent as specified pursuant to section 135.39E. 35 -1- LSB 2345YH (3) 88 pf/rh 1/ 3

H.F. 297 Vaccination information obtained under this section that is in 1 the possession of an institution of higher education pursuant 2 to this section shall not be considered a public record. Data 3 obtained under this section shall be submitted annually to the 4 department in a manner prescribed by the department and such 5 that no individual person can be identified. 6 Sec. 4. Section 155A.44, subsection 2, Code 2019, is amended 7 to read as follows: 8 2. The board shall adopt rules requiring pharmacists to 9 complete training pursuant to continuing education requirements 10 and establish protocols for the review of prescriptions and 11 administration of vaccines and immunizations. The rules shall 12 allow a licensed pharmacist who has completed the required 13 training to administer vaccines and immunizations in accordance 14 with the rules of the board and shall include the United States 15 centers for disease control and prevention’s protocol for the 16 administration of the vaccinations and immunizations. The 17 rules shall include required compliance with the informed 18 consent provisions specified pursuant to section 135.39E. 19 Sec. 5. Section 155A.46, subsection 2, paragraph c, Code 20 2019, is amended to read as follows: 21 c. Complete continuing pharmacy education related to 22 statewide protocols recognized and approved by the board. The 23 statewide protocols shall include required compliance with 24 the informed consent provisions specified pursuant to section 25 135.39E. 26 Sec. 6. Section 239B.12, subsection 1, Code 2019, is amended 27 to read as follows: 28 1. To the extent feasible, the department shall determine 29 the immunization status of children receiving assistance under 30 this chapter . The status shall be determined in accordance 31 with the immunization recommendations adopted by the Iowa 32 department of public health under section 139A.8 , including the 33 exemption provisions in section 139A.8, subsection 4 . If the 34 department determines a child is not in compliance with the 35 -2- LSB 2345YH (3) 88 pf/rh 2/ 3

H.F. 297 immunization recommendations, the department shall refer the 1 child’s parent or guardian to a local public health agency for 2 immunization services for the child and other members of the 3 child’s family. Immunization services under this section shall 4 comply with the informed consent provisions specified pursuant 5 to section 135.39E. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill requires that a health professional who 10 administers vaccines shall provide certain information to a 11 person or, if the person is a minor, to the person’s parent 12 or legal guardian, before administering a vaccine. The 13 information to be provided includes: the benefits and risks 14 of the vaccine; the vaccine manufacturer’s product insert; the 15 federal excipient and media summary for the vaccine; and how 16 to report a vaccine-adverse event. The bill makes conforming 17 changes throughout the Code to reflect the required informed 18 consent provision in the administration of vaccines. 19 -3- LSB 2345YH (3) 88 pf/rh 3/ 3