House File 449 - Introduced HOUSE FILE 449 BY SHIPLEY A BILL FOR An Act relating to information to be provided, recorded, 1 and reported by health care providers relative to certain 2 vaccinations, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2516HH (5) 88 pf/rh

H.F. 449 Section 1. NEW SECTION . 135.39E Vaccinations —— health care 1 provider requirements —— penalties. 2 1. For the purposes of this section: 3 a. “Health care provider” means any licensed health care 4 professional, organization, or institution, whether public 5 or private, including federal, state, and local departments, 6 agencies, and instrumentalities, under whose authority a 7 vaccine set forth in the vaccine injury table is administered. 8 b. “Health profession board” means a profession board 9 designated pursuant to section 147.13. 10 c. “Vaccine injury table” means the vaccine injury table 11 created and revised pursuant to 42 U.S.C. §300aa-14. 12 2. The department shall collaborate with each health 13 profession board to ensure that a health care provider under 14 the purview of the department or a health profession board 15 is aware of and complies with the requirements of 42 U.S.C. 16 §300aa-25 and 42 U.S.C. §300aa-26, including all of the 17 following: 18 a. That the health care provider provides an adult patient, 19 or the parent or legal representative of a minor patient, with 20 a copy of the relevant federal vaccine information statement 21 for the vaccine the patient is to receive and verbally informs 22 the adult patient, or the parent or legal representative of a 23 minor patient, of the existence of the vaccine adverse events 24 reporting system and the vaccine injury compensation program 25 referenced in the statement, prior to the patient receiving the 26 vaccine. 27 b. That the health care provider records certain information 28 about the vaccine administered in the patient’s medical record 29 or a permanent office log or file. 30 c. That the health care provider documents any adverse event 31 following the vaccination that the patient experiences and that 32 becomes known to the health care provider, and submits the 33 report to the federal vaccine adverse events reporting system. 34 3. The health profession board for a health care provider 35 -1- LSB 2516HH (5) 88 pf/rh 1/ 3

H.F. 449 may deny an applicant a license or suspend, revoke, or refuse 1 to renew a license, and may take other disciplinary action 2 against a licensee based on the applicant or licensee having 3 three or more verified failures to comply in one calendar year 4 with the applicable health care provider requirements pursuant 5 to 42 U.S.C. §300aa-25 and 42 U.S.C. §300aa-26. 6 4. A health care provider who violates a provision of 7 42 U.S.C. §300aa-25 or 42 U.S.C. §300aa-26, in addition to 8 licensee disciplinary action pursuant to subsection 3, shall 9 be subject to a fine, per violation, in an amount established 10 by rule of the department or the respective health profession 11 board, as applicable. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to the requirements established under 16 federal law for health care providers administering certain 17 vaccines. The bill provides definitions used in the bill 18 including “health care provider” which is the definition used 19 under federal law (42 U.S.C. §300aa-33(1)); “health profession 20 board”; and “vaccine injury table”. 21 The bill requires the department of public health (DPH) to 22 collaborate with each health profession board to ensure that 23 a health care provider under the purview of the department 24 or a health profession board is aware of and complies with 25 the requirements applicable to health care providers who 26 administer vaccines on the federal vaccine injury table under 27 the federal National Childhood Vaccine Injury Act of 1986 (42 28 U.S.C. §§300aa-1 to 300aa-34), including provision of the 29 relevant federal vaccine information statement for the vaccine 30 the patient is to receive and verbal information regarding 31 the vaccine adverse events reporting system and the vaccine 32 injury compensation program, prior to the patient receiving the 33 vaccine; the recording of certain information about the vaccine 34 administered in the patient’s medical record or a permanent 35 -2- LSB 2516HH (5) 88 pf/rh 2/ 3

H.F. 449 office log or file; and the reporting of any adverse event 1 following the vaccination that the patient experiences and 2 that becomes known to the health care provider to the federal 3 vaccine adverse events reporting system. 4 The bill provides for disciplinary action by DPH or the 5 respective health profession board and fines established by 6 DPH or the respective board for noncompliance with the federal 7 requirements. 8 -3- LSB 2516HH (5) 88 pf/rh 3/ 3