SF 180 (LSB 1887XS (4) 91)

SENATE FILE 180

BY  ALONS

A BILL FOR

An Act relating to the right to refuse certain medical services for reasons of conscience.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  139A.27  Medical service refusal —— reasons of conscience.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Medical service” means a biologic, vaccine, drug, pharmaceutical, medical device, gene therapy, DNA-based product, or RNA-based product.
   b.  “Political subdivision” means the same as defined in section 145A.2.
   c.  “Public official” means an officer, employee, or duly authorized agent or representative or a state agency or political subdivision, agency, board, commission, office, department, institution, division, bureau, or other entity of state government.
   2.  If a medical service has been declared a countermeasure under the federal Public Readiness and Emergency Preparedness Act, as amended, or the United States food and drug administration has issued an emergency use authorization for a medical service, an individual, for reasons of conscience including but not limited to religious convictions, may refuse the medical service.
   3.  If an individual refuses a medical service pursuant to subsection 2, a business, employer, health care provider, person, political subdivision, public official, or other entity shall not do the following:
   a.  Deny an individual employment or terminate the individual’s employment.
   b.  Deny the individual a service, including a public service.
   c.  Deny the individual access to commerce.
   d.  Segregate the individual.
   e.  Penalize the individual or use financial coercion against the individual.
   f.  Discriminate against the individual, including imposing a requirement or burden.
   4.  If a business, employer, health care provider, person, political subdivision, public official, or other entity violates subsection 3, an individual who is negatively affected by the violation may bring a civil action for injunctive relief, declaratory judgment, and damages against the entity. In a petition for injunctive relief or declaratory judgment, the court may award reasonable attorney fees and court costs. In a civil action for damages, the court may award court costs, reasonable attorney fees, and treble damages or two hundred dollars, whichever is greater.
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 an individual’s right to refuse medical services for reasons of conscience.
   The bill provides that if a medical service is declared a countermeasure under the federal Public Readiness and Emergency Preparedness Act, or the United States food and drug administration issues an emergency use authorization for a medical service, an individual may refuse the medical service for reasons of conscience, including religious convictions. If an individual refuses a medical service, then an entity as described in the bill is prohibited from taking certain actions relating to employment, receipt of services and commerce, segregation, penalties, financial coercion, and discrimination. If an entity violates the bill, an individual negatively affected by the violation may bring a civil action against the entity for injunctive relief, declaratory judgment, and damages. The bill provides for the types of relief a court may award an individual.