HF 899 (LSB 1893YH (2) 89)

HOUSE FILE 899

BY  SHIPLEY

A BILL FOR

An Act relating to exemption from immunization subject to prerequisite conditions relative to a vaccine.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  139A.8B  Prerequisites of required vaccine —— exemption from immunization.
   1.  Notwithstanding any other provision to the contrary regarding required immunization, a person who is required to receive an immunization for any purpose, including as a condition of employment, enrollment in any licensed child care center or elementary or secondary school, or licensure, is exempt from the immunization requirement unless all of the following conditions are met:
   a.  The pivotal clinical trial the United States food and drug administration relied upon to approve the vaccine evaluated the vaccine’s safety, for at least one year after it was administered, against a control group that received either a placebo or another vaccine that was licensed for approval as provided in this paragraph.
   b.  The vaccine's manufacturer is liable, including for design defect claims, for any injury caused by the vaccine.
   2.  A person, or if the person is a minor, the minor’s parent or legal guardian, may claim and be granted the exemption from immunization if the conditions specified in subsection 1 are not met. A person shall not be subject to additional conditions or requirements to claim the exemption.
   3.  For the purposes of this section, “licensure” includes the granting of a commercial, professional, occupational, or other license, certification, permit or authorization of any kind issued pursuant to any statute by the state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that notwithstanding any other provision to the contrary regarding required immunization, a person who is required to receive an immunization for any purpose, including as a condition of employment, enrollment in any licensed child care center or elementary or secondary school, or licensure, is exempt from the immunization requirement unless certain conditions are met. The conditions that must be met are that 1) the pivotal clinical trial the United States food and drug administration (FDA) relied upon to approve the vaccine evaluated the vaccine’s safety, for at least one year after it was administered, against a control group that received either a placebo or another vaccine that was licensed for approval as provided in this paragraph; and 2) the vaccine’s manufacturer is liable, including for design defect claims, for any injury caused by the vaccine. A person, or if the person is a minor, the minor’s parent or legal guardian, may claim and be granted the exemption from immunization if the conditions specified in the bill are not met and the person shall not be subject to additional conditions or requirements to claim the exemption.