House File 217 - Introduced HOUSE FILE 217 BY JACOBSEN and OSMUNDSON A BILL FOR An Act relating to exemptions from required immunizations and 1 vaccinations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1364YH (4) 89 pf/rh

H.F. 217 Section 1. Section 135.144, subsection 6, Code 2021, is 1 amended to read as follows: 2 6. Vaccinate or order that individuals be vaccinated 3 against an infectious disease and to prevent the spread of a 4 communicable or potentially communicable disease. Vaccinations 5 shall be administered by any qualified person authorized to do 6 so by the department. The vaccination shall not be provided or 7 ordered if it is reasonably likely to lead to serious harm to 8 the affected individual or if an exemption pursuant to section 9 139A.8 is applicable . To prevent the spread of a communicable 10 or potentially communicable disease, the department may 11 isolate or quarantine, pursuant to chapter 139A and the rules 12 implementing chapter 139A and this subchapter , any person who 13 is unable or unwilling to undergo vaccination pursuant to this 14 subsection . 15 Sec. 2. Section 139A.8, subsection 4, Code 2021, is amended 16 to read as follows: 17 4. a. Immunization is not required for a person’s 18 enrollment in any elementary or secondary school or licensed 19 child care center if either any of the following applies: 20 (1) The applicant, or if the applicant is a minor, the 21 applicant’s parent or legal guardian, submits to the admitting 22 official a statement signed by a physician, advanced registered 23 nurse practitioner, or physician assistant who is licensed by 24 the board of medicine, board of nursing, or board of physician 25 assistants that the immunizations required would be injurious 26 to the health and well-being of the applicant or any member of 27 the applicant’s family. 28 (2) The applicant, or if the applicant is a minor, the 29 applicant’s parent or legal guardian, submits an affidavit 30 signed by the applicant, or if the applicant is a minor, 31 the applicant’s parent or legal guardian, stating that the 32 immunization conflicts with the tenets and practices of a 33 recognized religious denomination of which the applicant is an 34 adherent or member. 35 -1- LSB 1364YH (4) 89 pf/rh 1/ 3

H.F. 217 (3) The applicant, or if the applicant is a minor, the 1 applicant’s parent or legal guardian, submits an affidavit 2 signed by the applicant, or if the applicant is a minor, signed 3 by the applicant’s parent or legal guardian, stating that the 4 immunization conflicts with the conscientiously held beliefs 5 of the applicant, or if the applicant is a minor, of the 6 applicant’s parent or legal guardian. 7 b. The exemptions under this subsection do not apply in 8 times of emergency or epidemic as determined by the state board 9 of health and as declared by the director of public health. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to exemptions from immunizations and 14 vaccinations. 15 The bill includes as a new exemption from immunizations 16 otherwise required for a person’s enrollment in any elementary 17 or secondary school or licensed child care center, an exemption 18 based on the submission of a signed affidavit by the applicant, 19 or if the applicant is a minor, by the applicant’s parent 20 or legal guardian, stating that the immunization conflicts 21 with the conscientiously held beliefs of the applicant, or if 22 the applicant is a minor, of the applicant’s parent or legal 23 guardian. Existing provisions direct the department of public 24 health, in consultation with the director of the department of 25 education, to adopt rules to implement this provision. 26 The bill also provides, in the context of the additional 27 duties of the department of public health related to a public 28 health disaster, that a vaccination against an infectious 29 disease and to prevent the spread of a communicable or 30 potentially communicable disease shall not be provided or 31 ordered if, as provided under current law, it is reasonably 32 likely to lead to serious harm to the affected individual or 33 if, as newly provided under the bill, an exemption under Code 34 section 139A.8 is applicable. The exemptions under existing 35 -2- LSB 1364YH (4) 89 pf/rh 2/ 3

H.F. 217 Code section 139A.8 and the newly created exemption under the 1 bill include those based on the immunization being injurious 2 to the health and well-being of the applicant or any member of 3 the applicant’s family; the immunization conflicting with the 4 tenets and practices of a recognized religious denomination 5 of which the applicant is an adherent or member; or the 6 immunization conflicting with the conscientiously held beliefs 7 of the applicant, or if the applicant is a minor, of the 8 applicant’s parent or legal guardian. 9 -3- LSB 1364YH (4) 89 pf/rh 3/ 3