HF 2044 (LSB 5621YH (3) 90)

HOUSE FILE 2044

BY  SHIPLEY

A BILL FOR

An Act providing an exception relating to vaccines to a minor’s legal capacity to consent to the provision of medical care or services for a sexually transmitted disease or infection.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 139A.35, Code 2024, is amended to read as follows:
   139A.35  Minors.
   A With the exception of the provision of a vaccine included on the vaccine injury table under 42 U.S.C. §300aa-14, a minor shall have the legal capacity to act and give consent to provision of medical care or services to the minor for the prevention, diagnosis, or treatment of a sexually transmitted disease or infection by a hospital, clinic, or health care provider. Such medical care or services shall be provided by or under the supervision of a physician licensed to practice medicine and surgery or osteopathic medicine and surgery, a physician assistant, or an advanced registered nurse practitioner. Consent shall not be subject to later disaffirmance by reason of such minority. The consent of another person, including but not limited to the consent of a spouse, parent, custodian, or guardian, shall not be necessary.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under Code section 135A.35, a minor has the legal capacity to act and give consent to provision of medical care or services to the minor for the prevention, diagnosis, or treatment of a sexually transmitted disease or infection by a hospital, clinic, or health care provider. Under the bill, the minor’s legal capacity to consent under this Code section is limited such that a minor does not have legal capacity to consent to the provision of a vaccine included on the vaccine injury table under federal law.