H.F. 2710 Section 1. NEW SECTION . 7.19 Regulation of religious 1 institutions and practices —— limitation. 2 Notwithstanding any provision of law to the contrary, the 3 governor shall not dictate a measure in a proclamation of a 4 state of disaster emergency issued pursuant to section 29C.6 5 that unduly interferes with the operations of a religious 6 institution or otherwise impedes an individual’s practice 7 of religion. For purposes of this section, a “religious 8 institution” means a building in which individuals engage in 9 religious practices. 10 Sec. 2. Section 29C.6, subsection 1, Code 2026, is amended 11 to read as follows: 12 1. a. After finding a disaster exists or is threatened, 13 proclaim a state of disaster emergency. This proclamation 14 shall be in writing, indicate the area affected and the facts 15 upon which it is based, be signed by the governor, and be 16 filed with the secretary of state. If the state of disaster 17 emergency specifically constitutes a public health disaster 18 as defined in section 135.140 , the written proclamation shall 19 include a statement to that effect. A state of disaster 20 emergency shall continue for thirty fifteen days, unless sooner 21 terminated or rescinded, extended , or amended in writing by 22 the governor general assembly . The general assembly may, 23 by concurrent resolution, rescind , extend, or amend this 24 proclamation. An initial extension of this proclamation by 25 the general assembly shall not exceed fifteen days, and any 26 subsequent extension shall not exceed fifteen-day increments. 27 If the general assembly is not in session, the legislative 28 council may, by majority vote, rescind , extend, or amend this 29 proclamation only once and the extension shall not exceed 30 fifteen days . Rescission Following any rescission, extension, 31 or amendment of this proclamation by the legislative council, 32 only the general assembly may take any additional action. Any 33 rescission, extension, or amendment shall be effective upon 34 filing of the concurrent resolution of the general assembly or 35 -1- LSB 6866HV (2) 91 ak/ko 1/ 8

H.F. 2710 resolution of the legislative council with the secretary of 1 state. A proclamation of disaster emergency shall activate the 2 disaster response and recovery aspect of the state, local, and 3 interjurisdictional disaster emergency plans applicable to the 4 political subdivision or area in question and be authority for 5 the deployment and use of any forces to which the each disaster 6 emergency plan applies, and for use or distribution of any 7 supplies, equipment, and materials and facilities assembled, 8 stockpiled, or arranged to be made available. 9 b. A measure dictated in a state of disaster emergency 10 proclamation shall not do any of the following: 11 (1) Infringe on a fundamental constitutionally protected 12 right unless the measure is justified by a compelling state 13 interest, is narrowly tailored to achieve its specific purpose, 14 and is achieved by the least restrictive means possible. 15 (2) Restrict rights, interests, or activities in a manner 16 that is not neutral or generally applicable. 17 (3) Prohibit in-person interactions between religious 18 leaders or individuals who are related by consanguinity or 19 affinity with patients or residents of hospitals or health care 20 facilities. 21 (4) Require that a private business operating within the 22 state cease the business’s lawful operations. 23 (5) Authorize a change to established laws, policies, or 24 regulations governing a local, county, or state election for 25 public office absent prior approval of the general assembly. 26 (6) Restrict the practice of a person holding a valid 27 license to practice a health-related profession regulated 28 by a board designated pursuant to section 147.13 or by the 29 department of inspections, appeals, and licensing, or restrict 30 the scope of service delivery of a hospital, clinic, or 31 health care professional if the person or entity is otherwise 32 practicing within the scope of a valid license. 33 (7) Allow a board designated pursuant to section 147.13 to 34 restrict the prescribing authority of a licensed health-related 35 -2- LSB 6866HV (2) 91 ak/ko 2/ 8

H.F. 2710 professional in a way that deters the professional from 1 prescribing medication or treatment in accordance with the 2 professional’s best professional judgment. 3 c. Notwithstanding paragraph “b” , the governor may recommend 4 that a private business operating within the state cease the 5 business’s lawful operations in a measure dictated in a state 6 of disaster proclamation. 7 d. If the issuance of a state of disaster emergency 8 proclamation is a precondition to an exemption from a federal 9 law, or an action or inaction by the federal government, 10 the proclamation shall be in writing, indicate the area 11 affected and the facts upon which it is based, be signed by 12 the governor, and be filed with the secretary of state. If 13 the state of disaster emergency specifically constitutes a 14 public health disaster as defined in section 135.140, the 15 written proclamation shall include a statement to that effect. 16 The restrictions placed upon a state of disaster emergency 17 proclamation under paragraph “a” related to continuance, 18 rescission, extension, or amendment shall not apply to such 19 proclamation. 20 Sec. 3. Section 135.144, subsections 5, 6, 7, and 8, Code 21 2026, are amended to read as follows: 22 5. Order Recommend physical examinations and tests and 23 collect the collection of specimens as necessary for the 24 diagnosis or treatment of individuals, to be performed by any 25 qualified person authorized to do so by the department. An A 26 physical examination or test shall not be performed or ordered 27 recommended if the physical examination or test is reasonably 28 likely to lead to serious harm to the affected individual. The 29 affected individual has the ultimate authority to determine 30 whether to submit to the recommended physical examination 31 or testing, and shall not be subject to undue pressure or 32 compulsion to submit to the recommendation. The department may 33 isolate or quarantine , pursuant to chapter 139A and the rules 34 implementing chapter 139A and this subchapter , any infected 35 -3- LSB 6866HV (2) 91 ak/ko 3/ 8

H.F. 2710 individual whose refusal of medical a physical examination or 1 testing results in uncertainty regarding whether the individual 2 has been exposed to or is infected with a communicable or 3 potentially communicable disease or otherwise poses a danger to 4 public health. The length of isolation shall not exceed the 5 longest usual incubation period for the specific communicable 6 disease. 7 6. Vaccinate or order Recommend that individuals be 8 vaccinated with a vaccine approved by the United States food 9 and drug administration as safe and effective against an 10 infectious disease and to prevent the spread of communicable 11 or potentially communicable disease. Vaccinations shall be 12 administered by any qualified person authorized to do so by the 13 department. Prior to administration of a vaccine, an adult 14 or the parent or legal representative of a minor receiving 15 the vaccine shall be provided with the federal vaccine 16 information statement for the vaccine and verbally informed 17 of the known and potential benefits and risks of the vaccine. 18 The vaccination shall not be provided or ordered recommended 19 if it is reasonably likely to lead to serious harm to the 20 affected individual. The affected individual has the ultimate 21 authority to determine whether to submit to the recommended 22 vaccination, and shall not be subject to undue pressure or 23 compulsion to submit to the recommendation. To prevent the 24 spread of communicable or potentially communicable disease, the 25 department may isolate or quarantine , pursuant to chapter 139A 26 and the rules implementing chapter 139A and this subchapter , 27 any infected person who is unable or unwilling to undergo 28 vaccination pursuant to this subsection . 29 7. Treat or order Recommend that individuals exposed to 30 or infected with disease receive treatment or prophylaxis. 31 Treatment or prophylaxis shall be administered by any qualified 32 person authorized to do so by the department. Treatment or 33 prophylaxis shall not be provided or ordered recommended if 34 the treatment or prophylaxis is reasonably likely to lead to 35 -4- LSB 6866HV (2) 91 ak/ko 4/ 8

H.F. 2710 serious harm to the affected infected individual. The infected 1 individual has the ultimate authority to determine whether to 2 submit to the recommended treatment or prophylaxis, and shall 3 not be subject to undue pressure or compulsion to submit to 4 the recommendation. To prevent the spread of communicable or 5 potentially communicable disease, the department may isolate or 6 quarantine , pursuant to chapter 139A and the rules implementing 7 chapter 139A and this subchapter , any infected individual who 8 is unable or unwilling to undergo treatment or prophylaxis 9 pursuant to this section subsection . 10 8. Isolate or quarantine infected individuals or groups of 11 individuals pursuant to chapter 139A and the rules implementing 12 chapter 139A and this subchapter . 13 Sec. 4. Section 139A.4, subsection 1, Code 2026, is amended 14 to read as follows: 15 1. The type and length of isolation or quarantine imposed 16 for a specific communicable disease shall be in accordance with 17 rules adopted by the department. The length of isolation or 18 quarantine shall not exceed the longest usual incubation period 19 for the specific communicable disease. 20 Sec. 5. Section 139A.8, subsection 4, paragraph a, 21 subparagraph (2), Code 2026, is amended to read as follows: 22 (2) The applicant, or if the applicant is a minor, the 23 applicant’s parent or legal guardian, submits an affidavit 24 signed by the applicant, or if the applicant is a minor, 25 the applicant’s parent or legal guardian, stating that the 26 immunization conflicts with the tenets and practices of a 27 recognized sincerely held religious denomination beliefs 28 of which the applicant is an adherent or member , or if the 29 applicant is a minor, of the applicant’s parent or legal 30 guardian . 31 Sec. 6. Section 139A.8, subsection 4, paragraph b, Code 32 2026, is amended to read as follows: 33 b. The exemptions under this subsection do not apply in 34 times of emergency or epidemic as determined and declared by 35 -5- LSB 6866HV (2) 91 ak/ko 5/ 8

H.F. 2710 the director. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to the powers and duties applicable during 5 a state of disaster emergency or a public health disaster 6 and prohibits the governor’s ability to regulate religious 7 institutions and practices during these emergencies. 8 The bill prohibits the governor from dictating a measure in 9 a proclamation of a state of disaster emergency (proclamation) 10 that unduly interferes with operations of a religious 11 institution or otherwise impedes an individual’s practice of 12 religion. “Religious institution” is defined in the bill. 13 Current law provides that a state of disaster emergency 14 shall continue for 30 days unless terminated or extended by 15 the governor. The general assembly, by concurrent resolution 16 when in session, or through the legislative council by majority 17 vote if not in session, may rescind the proclamation. Under 18 the bill, a state of disaster emergency shall continue for 15 19 days unless rescinded, extended, or amended by the general 20 assembly, any initial extension of the proclamation shall not 21 exceed 15 days, and any subsequent extension shall not exceed 22 15-day increments. The bill also provides that if the general 23 assembly is not in session, the legislative council may, by 24 majority vote, rescind, extend, or amend the proclamation only 25 once and the extension shall not exceed 15 days. 26 The bill places certain restrictions on measures dictated 27 in a proclamation relating to constitutional rights, religious 28 rights, patient rights, operations of private businesses, 29 voting in public elections, health-related profession licensing 30 and prescribing authority. 31 The bill provides that if the issuance of a proclamation is 32 a precondition to an exemption under federal law, or an action 33 or inaction by the federal government, the restrictions on 34 continuance, rescission, extension, or amendment do not apply 35 -6- LSB 6866HV (2) 91 ak/ko 6/ 8

H.F. 2710 to the proclamation. 1 Under current law, HHS can take or order certain disease 2 prevention actions be taken during a public health disaster. 3 The bill instead provides that the department may only 4 recommend vaccines approved by the United States food and 5 drug administration and not reasonably likely to lead to 6 serious harm to the individual. Under the bill, HHS may only 7 recommend physical examinations, testing, and the collection of 8 specimens necessary for the diagnosis and treatment of infected 9 individuals and not reasonably likely to harm the individual. 10 An affected individual has the ultimate authority to determine 11 whether to submit to the department’s recommendations, and 12 shall not be subject to undue pressure or compulsion to submit. 13 Under current law, during a public health disaster, HHS can 14 quarantine or isolate certain infected individuals. The bill 15 instead allows HHS to isolate certain infected individuals for 16 a period not to exceed the longest usual incubation period for 17 the specific communicable disease. 18 The bill provides that prior to administration of a vaccine, 19 an adult or the parent or legal representative of a minor 20 receiving the vaccine shall be provided with the federal 21 vaccine information statement and verbally informed of the 22 known and potential benefits and risks of the vaccine. The 23 department may isolate infected individuals. 24 Under current law, during a public health disaster, HHS 25 can order exposed or infected individuals to receive certain 26 treatments or prophylaxis. Under the bill, HHS may only 27 recommend that exposed or infected individuals receive 28 treatment or prophylaxis if not reasonably likely to lead to 29 serious harm to the individual. The infected individual has 30 the ultimate authority to determine whether to submit to the 31 recommendation, and shall not be subject to undue pressure or 32 compulsion to submit. Under current law, HHS can quarantine 33 or isolate infected individuals unwilling to undergo treatment 34 or prophylaxis. Under the bill, HHS may isolate infected 35 -7- LSB 6866HV (2) 91 ak/ko 7/ 8

H.F. 2710 individuals unable or unwilling to undergo treatment or 1 prophylaxis. 2 The bill provides that the type and length of isolation or 3 quarantine imposed for a specific communicable disease shall be 4 in accordance with rules adopted by the department, and that 5 the length of the isolation or quarantine shall not exceed the 6 longest usual incubation period for the specific communicable 7 disease. 8 Under current law, immunization is not required for 9 enrollment in an elementary or secondary school or licensed 10 child care center if a person, or, if the person is a minor, the 11 minor’s parent or guardian, submits an affidavit stating that 12 the immunization conflicts with the tenets and practices of a 13 recognized religious denomination of which the person or the 14 minor’s parent or guardian is an adherent or member. Under the 15 bill, the submitted affidavit shall be accepted if it states 16 the immunization conflicts with the sincerely held religious 17 beliefs of the person or, if the person is a minor, the beliefs 18 of the minor’s parent or guardian. 19 The bill provides that if a child is exempt from vaccination, 20 the exemption applies during times of emergency or epidemic. 21 -8- LSB 6866HV (2) 91 ak/ko 8/ 8