House File 899 - Introduced HOUSE FILE 899 BY SHIPLEY A BILL FOR An Act relating to exemption from immunization subject to 1 prerequisite conditions relative to a vaccine. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1893YH (2) 89 pf/rh

H.F. 899 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 vaccine's manufacturer is liable, including for 16 design defect claims, for any injury caused by the vaccine. 17 2. A person, or if the person is a minor, the minor’s parent 18 or legal guardian, may claim and be granted the exemption 19 from immunization if the conditions specified in subsection 20 1 are not met. A person shall not be subject to additional 21 conditions or requirements to claim the exemption. 22 3. For the purposes of this section, “licensure” includes 23 the granting of a commercial, professional, occupational, or 24 other license, certification, permit or authorization of any 25 kind issued pursuant to any statute by the state. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill provides that notwithstanding any other provision 30 to the contrary regarding required immunization, a person 31 who is required to receive an immunization for any purpose, 32 including as a condition of employment, enrollment in any 33 licensed child care center or elementary or secondary school, 34 or licensure, is exempt from the immunization requirement 35 -1- LSB 1893YH (2) 89 pf/rh 1/ 2

H.F. 899 unless certain conditions are met. The conditions that must be 1 met are that 1) the pivotal clinical trial the United States 2 food and drug administration (FDA) relied upon to approve 3 the vaccine evaluated the vaccine’s safety, for at least 4 one year after it was administered, against a control group 5 that received either a placebo or another vaccine that was 6 licensed for approval as provided in this paragraph; and 2) the 7 vaccine’s manufacturer is liable, including for design defect 8 claims, for any injury caused by the vaccine. A person, or if 9 the person is a minor, the minor’s parent or legal guardian, 10 may claim and be granted the exemption from immunization if the 11 conditions specified in the bill are not met and the person 12 shall not be subject to additional conditions or requirements 13 to claim the exemption. 14 -2- LSB 1893YH (2) 89 pf/rh 2/ 2