House File 166 - Introduced HOUSE FILE 166 BY HAYES A BILL FOR An Act relating to vaccines, including modifying provisions 1 related to a minor’s legal capacity to give consent 2 to the provision of vaccines and provisions related to 3 the instruction provided to students enrolled in school 4 districts, accredited nonpublic schools, and charter schools 5 related to the human papilloma virus. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1963YH (3) 90 jda/jh

H.F. 166 Section 1. Section 139A.35, Code 2023, is amended to read 1 as follows: 2 139A.35 Minors. 3 A Except for the provision of vaccinations included on 4 the vaccine injury table pursuant to 42 U.S.C. §300aa-14, as 5 amended, a minor shall have the legal capacity to act and give 6 consent to provision of medical care or services to the minor 7 for the prevention, diagnosis, or treatment of a sexually 8 transmitted disease or infection by a hospital, clinic, or 9 health care provider. Such medical care or services shall be 10 provided by or under the supervision of a physician licensed 11 to practice medicine and surgery or osteopathic medicine and 12 surgery, a physician assistant, or an advanced registered 13 nurse practitioner. Consent shall not be subject to later 14 disaffirmance by reason of such minority. The consent of 15 another person, including but not limited to the consent of a 16 spouse, parent, custodian, or guardian, shall not be necessary. 17 Sec. 2. Section 256.11, subsection 4, Code 2023, is amended 18 to read as follows: 19 4. The following shall be taught in grades seven and 20 eight: English-language arts; social studies; mathematics; 21 science; health; age-appropriate and research-based human 22 growth and development; career exploration and development; 23 physical education; music; and visual art. Computer science 24 instruction incorporating the standards established under 25 section 256.7, subsection 26 , paragraph “a” , subparagraph (4), 26 shall be offered in at least one grade level commencing with 27 the school year beginning July 1, 2023. Career exploration 28 and development shall be designed so that students are 29 appropriately prepared to create an individual career 30 and academic plan pursuant to section 279.61 , incorporate 31 foundational career and technical education concepts aligned 32 with the six career and technical education service areas 33 as defined in subsection 5 , paragraph “h” , and incorporate 34 relevant twenty-first century skills. The health curriculum 35 -1- LSB 1963YH (3) 90 jda/jh 1/ 3

H.F. 166 shall include age-appropriate and research-based information 1 regarding the characteristics of sexually transmitted diseases, 2 including HPV and the availability of a vaccine to prevent 3 HPV, and acquired immune deficiency syndrome. The state board 4 as part of accreditation standards shall adopt curriculum 5 definitions for implementing the program in grades seven 6 and eight. However, this subsection shall not apply to the 7 teaching of career exploration and development in nonpublic 8 schools. For purposes of this section , “age-appropriate” , 9 “HPV” , and “research-based” mean the same as defined in section 10 279.50 . 11 Sec. 3. Section 256.11, subsection 5, paragraph j, 12 subparagraph (1), Code 2023, is amended to read as follows: 13 (1) One unit of health education which shall include 14 personal health; food and nutrition; environmental health; 15 safety and survival skills; consumer health; family life; 16 age-appropriate and research-based human growth and 17 development; substance abuse and nonuse; emotional and 18 social health; health resources; and prevention and control 19 of disease, including age-appropriate and research-based 20 information regarding sexually transmitted diseases, including 21 HPV and the availability of a vaccine to prevent HPV, and 22 acquired immune deficiency syndrome. 23 Sec. 4. Section 279.50, subsection 2, Code 2023, is amended 24 to read as follows: 25 2. Each school board shall provide age-appropriate and 26 research-based instruction in human growth and development 27 including instruction regarding human sexuality, self-esteem, 28 stress management, interpersonal relationships, domestic 29 abuse, HPV and the availability of a vaccine to prevent HPV, 30 and acquired immune deficiency syndrome as required in section 31 256.11 , in grades one through twelve. 32 Sec. 5. Section 279.50, subsection 9, paragraphs b and c, 33 Code 2023, are amended by striking the paragraphs. 34 EXPLANATION 35 -2- LSB 1963YH (3) 90 jda/jh 2/ 3

H.F. 166 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to vaccines, including modifying 3 provisions related to a minor’s legal capacity to give consent 4 to the provision of vaccines and provisions related to the 5 instruction provided to students enrolled in school districts, 6 accredited nonpublic schools, and charter schools related to 7 the human papilloma virus. 8 Current law provides that a minor has the legal capacity to 9 act and give consent to provision of medical care or services 10 to the minor for the prevention, diagnosis, or treatment of 11 a sexually transmitted disease or infection by a hospital, 12 clinic, or health care provider. The bill modifies this 13 provision to provide that a minor shall not have the legal 14 capacity to give consent for the provision of vaccinations 15 included on the vaccine injury table created and revised 16 pursuant to federal law. 17 Current law requires that the human growth and development 18 or health curriculum provided to students enrolled in 19 school districts, accredited nonpublic schools, and charter 20 schools be both research-based and age-appropriate. Within 21 those limitations, current law also requires that the 22 human growth and development or health curriculum include 23 information regarding the human papilloma virus (HPV) and the 24 availability of a vaccine to prevent HPV. The bill strikes 25 this requirement. 26 -3- LSB 1963YH (3) 90 jda/jh 3/ 3