HF 2055 (LSB 5242YH (6) 90)

HOUSE FILE 2055

BY  SHIPLEY

A BILL FOR

An Act relating to communicable and infectious diseases, including elimination of specified immunization and vaccination requirements for enrollment in licensed child care centers or elementary and secondary schools, and requiring communication of the risks and recommendations relating to such diseases and immunizations and vaccinations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 139A.8, Code 2024, is amended by striking the section and inserting in lieu thereof the following:
   139A.8  Information —— risks of communicable and infectious disease —— recommended immunizations.
   1.  A person shall not be required to receive any specific immunization prior to enrollment in any licensed child care center or elementary or secondary school in Iowa.
   2.  The department shall provide information regarding the risks of communicable and infectious disease and recommendations regarding immunizations, to licensed child care centers, school districts, and local boards. Licensed child care centers, school districts, and local boards shall share the information with the parent or legal guardian of a minor child who is enrolled in any licensed child care center or elementary or secondary school.
   3.  The department, in consultation with the director of the department of education, shall adopt rules pursuant to chapter 17A to administer this section and shall provide the rules to licensed child care centers, school districts, and local boards.
    Sec. 2.  Section 139A.8B, subsection 1, Code 2024, is amended to read as follows:
   1.  Notwithstanding whether a person’s attendance is in person or virtual, immunization against COVID-19 shall not be required for a person to be enrolled in any licensed child care center, elementary or secondary school, or postsecondary school in Iowa prior to July 1, 2029.
    Sec. 3.  Section 147.77, subsection 1, paragraph e, subparagraph (28), Code 2024, is amended to read as follows:
   (28)  For health and dental programs provided by agencies providing foster care services, that if documentation of prior immunization is unavailable, immunizations required by the department shall begin within thirty days of placement, unless contraindicated and unless a statement from a physician to that effect is included in the child’s medical record, and that a statement from a physician, referring agency, parent, or guardian indicating current immunizations are current is sufficient documentation of immunizations.
    Sec. 4.  Section 239B.12, Code 2024, is amended to read as follows:
   239B.12  Immunization.
   1.  To the extent feasible, the department shall determine the immunization status of children receiving assistance under this chapter. The status shall be determined in accordance with the immunization recommendations adopted under section 139A.8, including the exemption provisions in section 139A.8, subsection 4. If the department determines a child is not in compliance with the immunization recommendations, the department shall refer the child’s parent or guardian to a local public health agency for immunization services for the child and other members of the child’s family.
   2.  The department shall determine immunization rates of participants, evaluate family investment program efforts to encourage provide information regarding immunizations, and develop strategies to further encourage immunization of participants in accordance with section 139A.8.
    Sec. 5.  Section 299.4, subsection 1, Code 2024, is amended to read as follows:
   1.  The parent, guardian, or legal custodian of a child who is of compulsory attendance age, who places the child under competent private instruction under section 299A.2, not in an accredited school or a home school assistance program operated by a school district or accredited nonpublic school, shall furnish a report in duplicate on forms provided by the public school district, to the district by September 1 of the school year in which the child will be under competent private instruction. The secretary shall retain and file one copy and forward the other copy to the district’s area education agency. The report shall state the name and age of the child, the period of time during which the child has been or will be under competent private instruction for the year, an outline of the course of study, texts used, and the name and address of the instructor. The parent, guardian, or legal custodian of a child, who is placing the child under competent private instruction for the first time, shall also provide the district with evidence that the child has had the immunizations required under section 139A.8, and, if the child is elementary school age, a blood lead test in accordance with section 135.105D.  The term “outline of course of study” shall include subjects covered, lesson plans, and time spent on the areas of study.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to communicable and infectious diseases, including elimination of required immunizations and vaccinations prior to enrollment in licensed child care centers or elementary or secondary schools in Iowa.
   The bill strikes Code section 139A.8 (immunization of children), which requires a person to receive certain immunizations prior to enrollment in any licensed child care center or elementary or secondary school in Iowa, and replaces it with new Code section 139A.8, which provides that a person shall not be required to receive any specific immunization prior to enrollment in any licensed child care center or elementary or secondary school in Iowa. The bill requires the department of health and human services (HHS) to provide information regarding the risks of communicable and infectious diseases and recommendations regarding immunizations, to licensed child care centers, school districts, and local boards to be shared with the parents or legal guardians of minor children enrolled in licensed child care centers or elementary or secondary schools in Iowa. The bill directs HHS, in consultation with the director of the department of education, to adopt rules to administer this Code section provision and to provide the rules to licensed child care centers, school districts, and local boards.
   The bill makes conforming changes in the Code to reflect the changes regarding required immunizations.
   The bill amends Code section 139A.8B(1) that prohibits required immunization for COVID-19 for a person enrolling in any licensed child care center, elementary or secondary school, or postsecondary school in Iowa prior to July 1, 2029, by eliminating the date certain, thereby prohibiting the requirement.
   The bill amends Code section 147.77(1)(d)(28) relating to the powers, privileges, rights, or duties provided by rule regarding physician assistants to eliminate the references to the documentation for required immunizations for children in foster care and instead references documentation of current immunizations.
   The bill amends Code section 239B.12, the immunization status of children receiving family investment program assistance, by removing the reference to the recommended immunizations under Code section 139A.8, and instead requires that HHS provide information regarding immunizations to participants.
   The bill amends Code section 299.4(1) by removing the reference to required immunizations under Code section 139A.8 in the context of reports regarding children placed in private instruction.