HSB 726 (LSB 6866YC (2) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to the powers and duties applicable to state of disaster emergencies and public health disasters, including a prohibition on regulating religious institutions and practices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  7.19  Regulation of religious institutions and practices —— limitation.
   Notwithstanding any provision of law to the contrary, the governor shall not dictate a measure in a proclamation of a state of disaster emergency issued pursuant to section 29C.6 that unduly interferes with the operations of a religious institution or otherwise impedes an individual’s practice of religion. For purposes of this section, a “religious institution” means a building in which individuals engage in religious practices.
    Sec. 2.  Section 29C.6, subsection 1, Code 2026, is amended to read as follows:
   1.  a.  After finding a disaster exists or is threatened, proclaim a state of disaster emergency. This proclamation shall be in writing, indicate the area affected and the facts upon which it is based, be signed by the governor, and be filed with the secretary of state. If the state of disaster emergency specifically constitutes a public health disaster as defined in section 135.140, the written proclamation shall include a statement to that effect. A state of disaster emergency shall continue for thirty fifteen days, unless sooner terminated or rescinded, extended, or amended in writing by the governor general assembly. The general assembly may, by concurrent resolution, rescind, extend, or amend this proclamation.  An initial extension of this proclamation by the general assembly shall not exceed fifteen days, and any subsequent extension shall not exceed fifteen-day increments. If the general assembly is not in session, the legislative council may, by majority vote, rescind, extend, or amend this proclamation only once and the extension shall not exceed fifteen days. Rescission Following any rescission, extension, or amendment of this proclamation by the legislative council, only the general assembly may take any additional action. Any rescission, extension, or amendment shall be effective upon filing of the concurrent resolution of the general assembly or resolution of the legislative council with the secretary of state. A proclamation of disaster emergency shall activate the disaster response and recovery aspect of the state, local, and interjurisdictional disaster emergency plans applicable to the political subdivision or area in question and be authority for the deployment and use of any forces to which the each disaster emergency plan applies, and for use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available.
   b.  A measure dictated in a state of disaster emergency proclamation shall not do any of the following:
   (1)  Infringe on a fundamental constitutionally protected right unless the measure is justified by a compelling state interest, is narrowly tailored to achieve its specific purpose, and is achieved by the least restrictive means possible.
   (2)  Restrict rights, interests, or activities in a manner that is not neutral or generally applicable.
   (3)  Prohibit in-person interactions between religious leaders or individuals who are related by consanguinity or affinity with patients or residents of hospitals or health care facilities.
   (4)  Require that a private business operating within the state cease the business’s lawful operations.
   (5)  Authorize a change to established laws, policies, or regulations governing a local, county, or state election for public office absent prior approval of the general assembly.
   (6)  Restrict the practice of a person holding a valid license to practice a health-related profession regulated by a board designated pursuant to section 147.13 or by the department of inspections, appeals, and licensing, or restrict the scope of service delivery of a hospital, clinic, or health care professional if the person or entity is otherwise practicing within the scope of a valid license.
   (7)  Allow a board designated pursuant to section 147.13 to restrict the prescribing authority of a licensed health-related professional in a way that deters the professional from prescribing medication or treatment in accordance with the professional’s best professional judgment.
   c.  Notwithstanding paragraph “b”, the governor may recommend that a private business operating within the state cease the business’s lawful operations in a measure dictated in a state of disaster proclamation.
    Sec. 3.  Section 135.144, subsections 5, 6, 7, and 8, Code 2026, are amended to read as follows:
   5.  Order Recommend physical examinations and tests and collect the collection of specimens as necessary for the diagnosis or treatment of individuals, to be performed by any qualified person authorized to do so by the department. An A physical examination or test shall not be performed or ordered recommended if the physical examination or test is reasonably likely to lead to serious harm to the affected individual.  The affected individual has the ultimate authority to determine whether to submit to the recommended physical examination or testing, and shall not be subject to undue pressure or compulsion to submit to the recommendation. The department may isolate or quarantine, pursuant to chapter 139A and the rules implementing chapter 139A and this subchapter, any infected individual whose refusal of medical a physical examination or testing results in uncertainty regarding whether the individual has been exposed to or is infected with a communicable or potentially communicable disease or otherwise poses a danger to public health.  The length of isolation shall not exceed the longest usual incubation period for the specific communicable disease.
   6.  Vaccinate or order Recommend that individuals be vaccinated with a vaccine approved by the United States food and drug administration as safe and effective against an infectious disease and to prevent the spread of communicable or potentially communicable disease. Vaccinations shall be administered by any qualified person authorized to do so by the department.  Prior to administration of a vaccine, an adult or the parent or legal representative of a minor receiving the vaccine shall be provided with the federal vaccine information statement for the vaccine and verbally informed of the known and potential benefits and risks of the vaccine. The vaccination shall not be provided or ordered recommended if it is reasonably likely to lead to serious harm to the affected individual.  The affected individual has the ultimate authority to determine whether to submit to the recommended vaccination, and shall not be subject to undue pressure or compulsion to submit to the recommendation. To prevent the spread of communicable or potentially communicable disease, the department may isolate or quarantine, pursuant to chapter 139A and the rules implementing chapter 139A and this subchapter, any infected person who is unable or unwilling to undergo vaccination pursuant to this subsection.
   7.  Treat or order Recommend that individuals exposed to or infected with disease receive treatment or prophylaxis. Treatment or prophylaxis shall be administered by any qualified person authorized to do so by the department. Treatment or prophylaxis shall not be provided or ordered recommended if the treatment or prophylaxis is reasonably likely to lead to serious harm to the affected infected individual.  The infected individual has the ultimate authority to determine whether to submit to the recommended treatment or prophylaxis, and shall not be subject to undue pressure or compulsion to submit to the recommendation. To prevent the spread of communicable or potentially communicable disease, the department may isolate or quarantine, pursuant to chapter 139A and the rules implementing chapter 139A and this subchapter, any infected individual who is unable or unwilling to undergo treatment or prophylaxis pursuant to this section subsection.
   8.  Isolate or quarantine infected individuals or groups of individuals pursuant to chapter 139A and the rules implementing chapter 139A and this subchapter.
    Sec. 4.  Section 139A.4, subsection 1, Code 2026, is amended to read as follows:
   1.  The type and length of isolation or quarantine imposed for a specific communicable disease shall be in accordance with rules adopted by the department.  The length of isolation or quarantine shall not exceed the longest usual incubation period for the specific communicable disease.
    Sec. 5.  Section 139A.8, subsection 4, paragraph a, subparagraph (2), Code 2026, is amended to read as follows:
   (2)  The applicant, or if the applicant is a minor, the applicant’s parent or legal guardian, submits an affidavit signed by the applicant, or if the applicant is a minor, the applicant’s parent or legal guardian, stating that the immunization conflicts with the tenets and practices of a recognized sincerely held religious denomination beliefs of which the applicant is an adherent or member, or if the applicant is a minor, of the applicant’s parent or legal guardian.
    Sec. 6.  Section 139A.8, subsection 4, paragraph b, Code 2026, is amended to read as follows:
   b.  The exemptions under this subsection do not apply in times of emergency or epidemic as determined and declared by the director.
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 the powers and duties applicable during a state of disaster emergency or a public health disaster and prohibits the governor’s ability to regulate religious institutions and practices during these emergencies.
   The bill prohibits the governor from dictating a measure in a proclamation of a state of disaster emergency (proclamation) that unduly interferes with operations of a religious institution or otherwise impedes an individual’s practice of religion. “Religious institution” is defined in the bill.
   Current law provides that a state of disaster emergency shall continue for 30 days unless terminated or extended by the governor. The general assembly, by concurrent resolution when in session, or through the legislative council by majority vote if not in session, may rescind the proclamation. Under the bill, a state of disaster emergency shall continue for 15 days unless rescinded, extended, or amended by the general assembly, any initial extension of the proclamation shall not exceed 15 days, and any subsequent extension shall not exceed 15-day increments. The bill also provides that if the general assembly is not in session, the legislative council may, by majority vote, rescind, extend, or amend the proclamation only once and the extension shall not exceed 15 days.
   The bill places certain restrictions on measures dictated in a proclamation relating to constitutional rights, religious rights, patient rights, operations of private businesses, voting in public elections, health-related profession licensing and prescribing authority. 
   Under current law, HHS can take or order certain disease prevention actions be taken during a public health disaster. The bill instead provides that the department may only recommend vaccines approved by the United States food and drug administration and not reasonably likely to lead to serious harm to the individual. Under the bill, HHS may only recommend physical examinations, testing, and the collection of specimens necessary for the diagnosis and treatment of infected individuals and not reasonably likely to harm the individual. An affected individual has the ultimate authority to determine whether to submit to the department’s recommendations, and shall not be subject to undue pressure or compulsion to submit. 
   Under current law, during a public health disaster, HHS can quarantine or isolate certain infected individuals. The bill instead allows HHS to isolate certain infected individuals for a period not to exceed the longest usual incubation period for the specific communicable disease.
   The bill provides that prior to administration of a vaccine, an adult or the parent or legal representative of a minor receiving the vaccine shall be provided with the federal vaccine information statement and verbally informed of the known and potential benefits and risks of the vaccine. The department may isolate infected individuals.
   Under current law, during a public health disaster, HHS can order exposed or infected individuals to receive certain treatments or prophylaxis. Under the bill, HHS may only recommend that exposed or infected individuals receive treatment or prophylaxis if not reasonably likely to lead to serious harm to the individual. The infected individual has the ultimate authority to determine whether to submit to the recommendation, and shall not be subject to undue pressure or compulsion to submit. Under current law, HHS can quarantine or isolate infected individuals unwilling to undergo treatment or prophylaxis. Under the bill, HHS may isolate infected individuals unable or unwilling to undergo treatment or prophylaxis.
   The bill provides that the type and length of isolation or quarantine imposed for a specific communicable disease shall be in accordance with rules adopted by the department, and that the length of the isolation or quarantine shall not exceed the longest usual incubation period for the specific communicable disease.
   Under current law, immunization is not required for enrollment in an elementary or secondary school or licensed child care center if a person, or, if the person is a minor, the minor’s parent or guardian, submits an affidavit stating that the immunization conflicts with the tenets and practices of a recognized religious denomination of which the person or the minor’s parent or guardian is an adherent or member. Under the bill, the submitted affidavit shall be accepted if it states the immunization conflicts with the sincerely held religious beliefs of the person or, if the person is a minor, the beliefs of the minor’s parent or guardian. 
   The bill provides that if a child is exempt from vaccination, the exemption applies during times of emergency or epidemic.