SF 2093 (LSB 5239XS (4) 91)

SENATE FILE 2093

BY  SALMON

A BILL FOR

An Act relating to powers and duties applicable to state of disaster emergencies and public health disasters.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  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 sixty days, unless sooner terminated or amended by the governor. It may be extended in writing by the governor for 60 days or less. The After that, the general assembly may, by concurrent resolution, rescind, extend, or amend this proclamation.  Any initial extension of this proclamation by the general assembly shall not exceed sixty days, and any subsequent extension shall not exceed sixty-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 sixty days. Rescission Following any rescission, extension, or amendment of this proclamation by the legislative council, any additional action may only be taken by the general assembly. Any rescission, extension, or amendment shall be effective upon the filing of the concurrent resolution 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 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)  Authorize the use of mobile, cellular, or any other digital technologies to track or surveil persons without providing prior notice to and receiving consent from such persons. The consent request regarding the specific terms of surveillance shall be presented as a separate request and not combined with any other terms requiring consent.
   (5)  Authorize the use of any drones, unmanned aerial vehicles, advanced robotics, or any artificial intelligence-based systems to enforce the proclamation.
   (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 acts as a deterrent for the professional to prescribe a medication or treatment in accordance with the professional’s best professional judgment.
   (8)  Require identification and monitoring of persons who may be at risk of contracting a contagious or infectious disease by virtue of contact with a contagious person in a manner consistent with known or suspected modes of transmission; require a person to comply with such identification and monitoring efforts including efforts that infringe on a person’s freedom of association; or establish, authorize, or enforce penalties for a person’s refusal to participate in the identification and monitoring efforts.
    Sec. 2.  Section 135.144, subsections 3, 5, 6, 7, and 8, Code 2026, are amended to read as follows:
   3.  Take reasonable measures as necessary to prevent the transmission of infectious disease and to ensure that all cases of communicable disease are properly identified, controlled, and treated.  However, such reasonable measures shall not include requiring monitoring of persons who may be at risk of contracting a contagious or infectious disease by virtue of contact with a contagious person in a manner consistent with known or suspected modes of transmission; requiring a person to comply with identification and monitoring efforts including efforts that infringe on a person’s freedom of association; or establishing, authorizing, or enforcing penalties for a person’s refusal to participate in the identification and monitoring efforts including efforts that infringe on a person’s freedom of association.
   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 in determining 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 period of communicability 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 in determining 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 in determining 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. 3.  Section 135.144, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  14.  Provide a link on the department’s internet site for qualified individuals to submit evidence-based information regarding a public health emergency or public health disaster and for members of the public to share their experiences. The department shall adopt rules pursuant to chapter 17A to administer this subsection, including the criteria a qualified individual must meet to participate.
    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 period of communicability 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 duties and powers relative to emergency situations including a state of disaster emergency and a public health disaster. 
   The bill amends provisions relating to the proclamation of a state of disaster emergency by the governor under Code chapter 29C (emergency management and security). Current law provides that a state of disaster emergency shall continue for 30 days unless terminated or extended by the governor and that 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 60 days unless sooner terminated or amended by the governor. The proclamation may be extended in writing by the governor for 60 days or less. After that, any initial extension of the proclamation through a concurrent resolution of the general assembly shall not exceed 60 days, and any subsequent extension shall not exceed 60-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 this proclamation only once and the extension shall not exceed 60 days.
   As described in the bill, a measure dictated in a state of disaster emergency proclamation shall have certain restrictions relating to constitutional rights, religious rights, patient rights, surveillance, health-related profession licensing and prescribing authority, and disease contraction monitoring. 
   The bill amends the duties of the department of health and human services (HHS or the department) relative to a public health disaster under Code chapter 135 (department of health and human services —— public health). The bill provides that the reasonable measures taken by HHS to prevent the transmission of infectious disease and to ensure that all cases of communicable disease are properly identified, controlled, and treated shall not include requiring monitoring of a person at risk of contracting a contagious or infectious disease through contact with a contagious person or requiring a person to comply with identification and monitoring efforts.
   The department may recommend, but not order, physical examinations, testing, and the collection of specimens necessary for the diagnosis and treatment of individuals. 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. The department may isolate infected individuals who refuse a physical examination or testing and who pose a danger to public health. The length of isolation shall not exceed the longest usual period of communicability for the specific communicable disease.
   The department may recommend a vaccine approved by the United States food and drug administration as safe and effective, but not vaccinate or order that individuals be vaccinated against an infectious disease or to prevent the spread of communicable or potentially communicable disease. 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. Vaccination shall not be recommended if it is reasonably likely to lead to serious harm. An 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. The department may isolate infected individuals.
   The department may recommend, but not treat or order, individuals infected with disease receive treatment or prophylaxis. Treatment or prophylaxis shall not be recommended if the treatment or prophylaxis is reasonably likely to lead to serious harm. 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. The department may isolate individuals infected with disease who are unable or unwilling to undergo treatment or prophylaxis. 
   The department may isolate infected individuals or groups of individuals in accordance with Code chapter 139A (communicable and infectious diseases and poisonings) and the subchapter of Code chapter 135 relating to disaster preparedness. 
   The bill requires the department to provide a link on the department’s internet site for qualified individuals to submit evidence-based information regarding a public health emergency or public health disaster and for members of the public to share their experiences. The department shall adopt rules to administer this provision, including the criteria a qualified individual must meet to participate.
   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 period of communicability 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.