SF 2170 (LSB 5669XS (3) 88)

SENATE FILE 2170

BY  GUTH, CARLIN, and SCHULTZ

A BILL FOR

An Act relating to information to be provided, recorded, and reported by health care providers relative to certain vaccinations, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  135.39E  Vaccinations —— health care provider requirements —— penalties.
   1.  For the purposes of this section:
   a.  “Health care provider” means any licensed health care professional, organization, or institution, whether public or private, including federal, state, and local departments, agencies, and instrumentalities, under whose authority a vaccine set forth in the vaccine injury table is administered.
   b.  “Health profession board” means a profession board designated pursuant to section 147.13.
   c.  “Vaccine injury table” means the vaccine injury table created and revised pursuant to 42 U.S.C. §300aa-14.
   2.  The department shall collaborate with each health profession board to ensure that a health care provider under the purview of the department or a health profession board is aware of and complies with the requirements of 42 U.S.C. §300aa-25 and 42 U.S.C. §300aa-26, including all of the following:
   a.  That the health care provider provides an adult patient, or the parent or legal representative of a minor patient, with a copy of the relevant federal vaccine information statement for the vaccine the patient is to receive and verbally informs the adult patient, or the parent or legal representative of a minor patient, of the existence of the vaccine adverse events reporting system and the vaccine injury compensation program referenced in the statement, prior to the patient receiving the vaccine.
   b.  That the health care provider records certain required information about the vaccine administered in the patient’s medical record or a permanent office log or file.
   c.  That the health care provider documents any adverse event following the vaccination that the patient experiences and that becomes known to the health care provider, submits the report to the federal vaccine adverse events reporting system, and provides the adult patient or the parent or legal representative of a minor patient with a copy of the report.
   3.  The health profession board for a health care provider may deny an applicant a license or suspend, revoke, or refuse to renew a license, and may take other disciplinary action against a licensee based on the applicant or licensee having three or more verified failures to comply in one calendar year with the applicable health care provider requirements pursuant to 42 U.S.C. §300aa-25 and 42 U.S.C. §300aa-26.
   4.  A health care provider who violates a provision of 42 U.S.C. §300aa-25 or 42 U.S.C. §300aa-26, in addition to licensee disciplinary action pursuant to subsection 3, shall be subject to a fine, per violation, in an amount established by rule of the department or the respective health profession board, as applicable.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the requirements established under federal law for health care providers administering certain vaccines. The bill provides definitions used in the bill including “health care provider” which is the definition used under federal law (42 U.S.C. §300aa-33(1)); “health profession board”; and “vaccine injury table”.
   The bill requires the department of public health (DPH) to collaborate with each health profession board to ensure that a health care provider under the purview of the department or a health profession board is aware of and complies with the requirements applicable to health care providers who administer vaccines on the federal vaccine injury table under the federal National Childhood Vaccine Injury Act of 1986 (42 U.S.C. §§300aa-1 to 300aa-34), including provision of the relevant federal vaccine information statement for the vaccine the patient is to receive and verbal information regarding the vaccine adverse events reporting system and the vaccine injury compensation program, prior to the patient receiving the vaccine; the recording of certain required information about the vaccine administered in the patient’s medical record or a permanent office log or file; the documenting and reporting of any adverse event following the vaccination that the patient experiences and that becomes known to the health care provider to the federal vaccine adverse events reporting system; and the provision of a copy of the adverse event report to the adult patient or parent or legal representative of a minor patient.
   The bill provides for disciplinary action by DPH or the respective health profession board and fines established by DPH or the respective board for noncompliance with the federal requirements.