House File 329 - Introduced HOUSE FILE 329 BY SHIPLEY A BILL FOR An Act relating to exemption from immunization based upon 1 prerequisite conditions relative to a vaccine. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1892YH (2) 89 pf/rh

H.F. 329 Section 1. NEW SECTION . 139A.8B Prerequisites of required 1 vaccine —— exemption from immunization. 2 1. Notwithstanding any other provision to the contrary 3 regarding required immunization, a person who is required 4 to receive an immunization for any purpose, including as a 5 condition of employment, enrollment in any licensed child care 6 center or elementary or secondary school, or licensure, is 7 exempt from the immunization requirement unless all of the 8 following conditions are met: 9 a. The pivotal clinical trial the United States food 10 and drug administration relied upon to approve the vaccine 11 evaluated the vaccine’s safety, for at least one year after it 12 was administered, against a control group that received either 13 a placebo or another vaccine that was licensed for approval as 14 provided in this paragraph. 15 b. The department posts on the department’s website the 16 injuries or diseases caused by the vaccine and the rate at 17 which the injury or disease occurs as a result of the vaccine. 18 c. The risk of permanent disability or death from the 19 vaccine has been proven to be less than that caused by the 20 infection the vaccine is intended to prevent. 21 d. The vaccine's manufacturer is liable, including for 22 design defect claims, for any injury caused by the vaccine. 23 2. A person, or if the person is a minor, the minor’s parent 24 or legal guardian, may claim and be granted the exemption 25 from immunization if the conditions specified in subsection 26 1 are not met. A person shall not be subject to additional 27 conditions or requirements to claim the exemption. 28 3. For the purposes of this section, “licensure” includes 29 the granting of a commercial, professional, occupational, or 30 other license, certification, permit, or authorization of any 31 kind issued pursuant to any statute by the state. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 1892YH (2) 89 pf/rh 1/ 2

H.F. 329 This bill provides that notwithstanding any other provision 1 to the contrary regarding required immunization, a person 2 who is required to receive an immunization for any purpose, 3 including as a condition of employment, enrollment in any 4 licensed child care center or elementary or secondary school, 5 or licensure, is exempt from the immunization requirement 6 unless certain conditions are met. The conditions that must be 7 met are that 1) the pivotal clinical trial the United States 8 food and drug administration (FDA) relied upon to approve 9 the vaccine evaluated the vaccine’s safety, for at least one 10 year after it was administered, against a control group that 11 received either a placebo or another vaccine that was licensed 12 for approval as provided in this paragraph; 2) the department 13 of public health posts on the department’s website the injuries 14 or diseases caused by the vaccine and the rate at which the 15 injury or disease occurs as a result of the vaccine; 3) the 16 risk of permanent disability or death from the vaccine has been 17 proven to be less than that caused by the infection the vaccine 18 is intended to prevent; and 4) the vaccine’s manufacturer is 19 liable, including for design defect claims, for any injury 20 caused by the vaccine. A person, or if the person is a minor, 21 the minor’s parent or legal guardian, may claim and be granted 22 the exemption from immunization if the conditions specified in 23 the bill are not met and the person shall not be subject to 24 additional conditions or requirements to claim the exemption. 25 -2- LSB 1892YH (2) 89 pf/rh 2/ 2