HSB 178 (LSB 2144YC (4) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON HEALTH AND HUMAN SERVICES BILL BY CHAIRPERSON MEYER)

A BILL FOR

An Act relating to requirements and prohibitions relating to the reporting of vaccination and immunization administration.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.7, subsection 2, Code 2023, is amended to read as follows:
   2.  Hospital records, medical records, and professional counselor records of the condition, diagnosis, care, or treatment of a patient or former patient or a counselee or former counselee, including outpatient. However, confidential communications between a crime victim and the victim’s counselor are not subject to disclosure except as provided in section 915.20A. However, the Iowa department of public health and human services shall adopt rules which provide for the sharing of information among agencies and providers concerning the maternal and child health program including but not limited to the statewide child immunization information system registry, while maintaining an individual’s confidentiality.
    Sec. 2.  NEW SECTION.  135.39F  Required use of statewide immunization registry by health care professionals —— licensee discipline.
   1.  In addition to any other requirements relating to the ordering or administration of vaccinations and immunizations applicable to specific health care professionals, a health care professional shall become an enrolled user and report the administration of vaccinations and immunizations to the statewide immunization registry.
   2.  The applicable licensing board or entity for a health care professional may adopt rules pursuant to chapter 17A to administer this section.
   3.  For the purposes of this section and section 135.39G:
   a.  “Enrolled user” means a user of the registry who has completed an enrollment form that specifies the conditions under which the registry can be accessed and who has been issued an identification code and password by the department.
   b.  “Health care professional” means a person who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession and who is authorized to order or administer vaccinations and immunizations.
   c.  “Statewide immunization registry” or “registry” means the database and file server maintained by the department as well as the software application that allows enrolled users to exchange immunization or health screening records
   4.  A health care professional who violates this section is subject to licensee discipline pursuant to section 147.55.
    Sec. 3.  NEW SECTION.  135.39G  Statewide immunization registry —— patient consent or refusal.
   A health care professional required to be an enrolled user and report the administration of vaccinations and immunizations to the statewide immunization registry under section 135.39F or any other provision of law shall obtain, prior to making a report, written consent or refusal from the patient, or if the patient is a minor, from the minor’s parent or legal guardian, to advise the health care professional regarding the reporting of the administration of the vaccination or immunization to the statewide immunization registry. The health care professional shall submit a copy of the completed written consent or refusal form to the statewide immunization registry. A patient, or a minor patient’s parent or legal guardian, as applicable, may withdraw or amend the written consent or refusal at any time. If consent is subsequently withdrawn by a patient or a minor patient’s parent or legal guardian, as applicable, the patient’s information shall be deleted from the statewide immunization registry.
    Sec. 4.  Section 155A.46, subsection 1, paragraph d, Code 2023, is amended to read as follows:
   d.  Prior to the ordering and administration of a vaccination or immunization authorized by this subsection, pursuant to statewide protocols, a licensed pharmacist shall consult and review the statewide immunization registry or health information network. The board shall adopt rules requiring the reporting of the administration of vaccines vaccinations and immunizations authorized by this subsection to a patient’s primary health care provider, primary physician, and a the statewide immunization registry or health information network.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires a health care professional who is authorized to order or administer vaccinations and immunizations, in addition to any other requirements applicable to the health care professional relating to the ordering or administration of vaccinations and immunizations, to become an enrolled user and report the administration of vaccinations and immunizations to the statewide immunization registry. The bill authorizes the applicable health care professional licensing boards to adopt administrative rules to administer the bill. The bill makes conforming changes to eliminate the option of reporting to a health information or a child immunization information system network. The bill defines “health care professional” for the purposes of the bill. A health care professional who violates the bill is subject to licensee discipline.
   The bill also requires a health care professional who is required to be an enrolled user and report the administration of vaccinations and immunizations to the statewide immunization registry to obtain, prior to making a report, written consent or refusal from the patient, or if the patient is a minor, from the minor’s parent or legal guardian, to advise the health care professional regarding the reporting. The health care professional shall submit a copy of the completed written consent or refusal form to the statewide immunization registry. A patient, or a minor patient’s parent or legal guardian, as applicable, may withdraw or amend the written consent or refusal at any time. If consent is subsequently withdrawn by a patient or a minor patient’s parent or legal guardian, the patient’s information shall be deleted from the statewide immunization registry.