Senate File 180 - Introduced SENATE FILE 180 BY ALONS A BILL FOR An Act relating to the right to refuse certain medical services 1 for reasons of conscience. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1887XS (4) 91 lh/ko

S.F. 180 Section 1. NEW SECTION . 139A.27 Medical service refusal 1 —— reasons of conscience. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Medical service” means a biologic, vaccine, drug, 5 pharmaceutical, medical device, gene therapy, DNA-based 6 product, or RNA-based product. 7 b. “Political subdivision” means the same as defined in 8 section 145A.2. 9 c. “Public official” means an officer, employee, or duly 10 authorized agent or representative or a state agency or 11 political subdivision, agency, board, commission, office, 12 department, institution, division, bureau, or other entity of 13 state government. 14 2. If a medical service has been declared a countermeasure 15 under the federal Public Readiness and Emergency Preparedness 16 Act, as amended, or the United States food and drug 17 administration has issued an emergency use authorization for 18 a medical service, an individual, for reasons of conscience 19 including but not limited to religious convictions, may refuse 20 the medical service. 21 3. If an individual refuses a medical service pursuant 22 to subsection 2, a business, employer, health care provider, 23 person, political subdivision, public official, or other entity 24 shall not do the following: 25 a. Deny an individual employment or terminate the 26 individual’s employment. 27 b. Deny the individual a service, including a public 28 service. 29 c. Deny the individual access to commerce. 30 d. Segregate the individual. 31 e. Penalize the individual or use financial coercion against 32 the individual. 33 f. Discriminate against the individual, including imposing a 34 requirement or burden. 35 -1- LSB 1887XS (4) 91 lh/ko 1/ 2

S.F. 180 4. If a business, employer, health care provider, person, 1 political subdivision, public official, or other entity 2 violates subsection 3, an individual who is negatively affected 3 by the violation may bring a civil action for injunctive 4 relief, declaratory judgment, and damages against the entity. 5 In a petition for injunctive relief or declaratory judgment, 6 the court may award reasonable attorney fees and court costs. 7 In a civil action for damages, the court may award court costs, 8 reasonable attorney fees, and treble damages or two hundred 9 dollars, whichever is greater. 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 an individual’s right to refuse medical 14 services for reasons of conscience. 15 The bill provides that if a medical service is declared 16 a countermeasure under the federal Public Readiness and 17 Emergency Preparedness Act, or the United States food and drug 18 administration issues an emergency use authorization for a 19 medical service, an individual may refuse the medical service 20 for reasons of conscience, including religious convictions. 21 If an individual refuses a medical service, then an entity as 22 described in the bill is prohibited from taking certain actions 23 relating to employment, receipt of services and commerce, 24 segregation, penalties, financial coercion, and discrimination. 25 If an entity violates the bill, an individual negatively 26 affected by the violation may bring a civil action against 27 the entity for injunctive relief, declaratory judgment, and 28 damages. The bill provides for the types of relief a court may 29 award an individual. 30 -2- LSB 1887XS (4) 91 lh/ko 2/ 2