House File 2055 - Introduced HOUSE FILE 2055 BY SHIPLEY A BILL FOR An Act relating to communicable and infectious diseases, 1 including elimination of specified immunization and 2 vaccination requirements for enrollment in licensed child 3 care centers or elementary and secondary schools, and 4 requiring communication of the risks and recommendations 5 relating to such diseases and immunizations and 6 vaccinations. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 5242YH (6) 90 pf/ko

H.F. 2055 Section 1. Section 139A.8, Code 2024, is amended by striking 1 the section and inserting in lieu thereof the following: 2 139A.8 Information —— risks of communicable and infectious 3 disease —— recommended immunizations. 4 1. A person shall not be required to receive any specific 5 immunization prior to enrollment in any licensed child care 6 center or elementary or secondary school in Iowa. 7 2. The department shall provide information regarding 8 the risks of communicable and infectious disease and 9 recommendations regarding immunizations, to licensed child care 10 centers, school districts, and local boards. Licensed child 11 care centers, school districts, and local boards shall share 12 the information with the parent or legal guardian of a minor 13 child who is enrolled in any licensed child care center or 14 elementary or secondary school. 15 3. The department, in consultation with the director of the 16 department of education, shall adopt rules pursuant to chapter 17 17A to administer this section and shall provide the rules 18 to licensed child care centers, school districts, and local 19 boards. 20 Sec. 2. Section 139A.8B, subsection 1, Code 2024, is amended 21 to read as follows: 22 1. Notwithstanding whether a person’s attendance is in 23 person or virtual, immunization against COVID-19 shall not be 24 required for a person to be enrolled in any licensed child care 25 center, elementary or secondary school, or postsecondary school 26 in Iowa prior to July 1, 2029 . 27 Sec. 3. Section 147.77, subsection 1, paragraph e, 28 subparagraph (28), Code 2024, is amended to read as follows: 29 (28) For health and dental programs provided by agencies 30 providing foster care services, that if documentation of prior 31 immunization is unavailable, immunizations required by the 32 department shall begin within thirty days of placement, unless 33 contraindicated and unless a statement from a physician to 34 that effect is included in the child’s medical record, and 35 -1- LSB 5242YH (6) 90 pf/ko 1/ 4

H.F. 2055 that a statement from a physician, referring agency, parent, 1 or guardian indicating current immunizations are current is 2 sufficient documentation of immunizations. 3 Sec. 4. Section 239B.12, Code 2024, is amended to read as 4 follows: 5 239B.12 Immunization. 6 1. To the extent feasible, the department shall determine 7 the immunization status of children receiving assistance under 8 this chapter . The status shall be determined in accordance 9 with the immunization recommendations adopted under section 10 139A.8 , including the exemption provisions in section 139A.8, 11 subsection 4 . If the department determines a child is not 12 in compliance with the immunization recommendations, the 13 department shall refer the child’s parent or guardian to a 14 local public health agency for immunization services for the 15 child and other members of the child’s family. 16 2. The department shall determine immunization rates of 17 participants, evaluate family investment program efforts 18 to encourage provide information regarding immunizations , 19 and develop strategies to further encourage immunization of 20 participants in accordance with section 139A.8 . 21 Sec. 5. Section 299.4, subsection 1, Code 2024, is amended 22 to read as follows: 23 1. The parent, guardian, or legal custodian of a child 24 who is of compulsory attendance age, who places the child 25 under competent private instruction under section 299A.2 , not 26 in an accredited school or a home school assistance program 27 operated by a school district or accredited nonpublic school, 28 shall furnish a report in duplicate on forms provided by the 29 public school district, to the district by September 1 of the 30 school year in which the child will be under competent private 31 instruction. The secretary shall retain and file one copy 32 and forward the other copy to the district’s area education 33 agency. The report shall state the name and age of the child, 34 the period of time during which the child has been or will be 35 -2- LSB 5242YH (6) 90 pf/ko 2/ 4

H.F. 2055 under competent private instruction for the year, an outline 1 of the course of study, texts used, and the name and address 2 of the instructor. The parent, guardian, or legal custodian 3 of a child, who is placing the child under competent private 4 instruction for the first time, shall also provide the district 5 with evidence that the child has had the immunizations required 6 under section 139A.8 , and, if the child is elementary school 7 age, a blood lead test in accordance with section 135.105D . 8 The term “outline of course of study” shall include subjects 9 covered, lesson plans, and time spent on the areas of study. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to communicable and infectious diseases, 14 including elimination of required immunizations and 15 vaccinations prior to enrollment in licensed child care centers 16 or elementary or secondary schools in Iowa. 17 The bill strikes Code section 139A.8 (immunization of 18 children), which requires a person to receive certain 19 immunizations prior to enrollment in any licensed child care 20 center or elementary or secondary school in Iowa, and replaces 21 it with new Code section 139A.8, which provides that a person 22 shall not be required to receive any specific immunization 23 prior to enrollment in any licensed child care center or 24 elementary or secondary school in Iowa. The bill requires 25 the department of health and human services (HHS) to provide 26 information regarding the risks of communicable and infectious 27 diseases and recommendations regarding immunizations, to 28 licensed child care centers, school districts, and local boards 29 to be shared with the parents or legal guardians of minor 30 children enrolled in licensed child care centers or elementary 31 or secondary schools in Iowa. The bill directs HHS, in 32 consultation with the director of the department of education, 33 to adopt rules to administer this Code section provision and 34 to provide the rules to licensed child care centers, school 35 -3- LSB 5242YH (6) 90 pf/ko 3/ 4

H.F. 2055 districts, and local boards. 1 The bill makes conforming changes in the Code to reflect the 2 changes regarding required immunizations. 3 The bill amends Code section 139A.8B(1) that prohibits 4 required immunization for COVID-19 for a person enrolling 5 in any licensed child care center, elementary or secondary 6 school, or postsecondary school in Iowa prior to July 1, 2029, 7 by eliminating the date certain, thereby prohibiting the 8 requirement. 9 The bill amends Code section 147.77(1)(d)(28) relating to 10 the powers, privileges, rights, or duties provided by rule 11 regarding physician assistants to eliminate the references to 12 the documentation for required immunizations for children in 13 foster care and instead references documentation of current 14 immunizations. 15 The bill amends Code section 239B.12, the immunization 16 status of children receiving family investment program 17 assistance, by removing the reference to the recommended 18 immunizations under Code section 139A.8, and instead requires 19 that HHS provide information regarding immunizations to 20 participants. 21 The bill amends Code section 299.4(1) by removing the 22 reference to required immunizations under Code section 139A.8 23 in the context of reports regarding children placed in private 24 instruction. 25 -4- LSB 5242YH (6) 90 pf/ko 4/ 4