Senate File 406 - Introduced SENATE FILE 406 BY SALMON A BILL FOR An Act relating to powers and duties applicable to public 1 health disasters. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2780SS (1) 91 lh/ko
S.F. 406 Section 1. Section 135.144, subsections 3, 5, 6, 7, and 8, 1 Code 2025, are amended to read as follows: 2 3. Take reasonable measures as necessary to prevent 3 the transmission of infectious disease and to ensure that 4 all cases of communicable disease are properly identified, 5 controlled, and treated. However, such reasonable measures 6 shall not include requiring identification and monitoring of 7 persons who may be at risk of contracting a contagious or 8 infectious disease by virtue of contact with a contagious 9 person in a manner consistent with known or suspected modes 10 of transmission; requiring a person to comply with such 11 identification and monitoring efforts including efforts that 12 infringe on a person’s freedom of association; or establishing, 13 authorizing, or enforcing penalties for a person’s refusal 14 to participate in the identification and monitoring efforts 15 including efforts that infringe on a person’s freedom of 16 association. 17 5. Order Recommend physical examinations and tests and 18 collect the collection of specimens as necessary for the 19 diagnosis or treatment of individuals, to be performed by any 20 qualified person authorized to do so by the department. An A 21 physical examination or test shall not be performed or ordered 22 recommended if the physical examination or test is reasonably 23 likely to lead to serious harm to the affected individual. The 24 affected individual has the ultimate authority in determining 25 whether to submit to the recommended physical examination 26 or testing, and shall not be subject to undue pressure or 27 compulsion to submit to the recommendation. The department may 28 isolate or quarantine , pursuant to chapter 139A and the rules 29 implementing chapter 139A and this subchapter , any infected 30 individual whose refusal of medical a physical examination or 31 testing results in uncertainty regarding whether the individual 32 has been exposed to or is infected with a communicable or 33 potentially communicable disease or otherwise poses a danger to 34 public health. The length of isolation shall not exceed the 35 -1- LSB 2780SS (1) 91 lh/ko 1/ 6
S.F. 406 longest usual incubation period for the specific communicable 1 disease. 2 6. Vaccinate or order Recommend that individuals be 3 vaccinated with a vaccine approved by the United States food 4 and drug administration as safe and effective against an 5 infectious disease and to prevent the spread of communicable 6 or potentially communicable disease. Vaccinations shall be 7 administered by any qualified person authorized to do so by the 8 department. Prior to administration of a vaccine, an adult 9 or the parent or legal representative of a minor receiving 10 the vaccine shall be provided with the federal vaccine 11 information statement for the vaccine and verbally informed 12 of the known and potential benefits and risks of the vaccine. 13 The vaccination shall not be provided or ordered recommended 14 if it is reasonably likely to lead to serious harm to the 15 affected individual. The affected individual has the ultimate 16 authority in determining whether to submit to the recommended 17 vaccination, and shall not be subject to undue pressure or 18 compulsion to submit to the recommendation. To prevent the 19 spread of communicable or potentially communicable disease, the 20 department may isolate or quarantine , pursuant to chapter 139A 21 and the rules implementing chapter 139A and this subchapter , 22 any infected person who is unable or unwilling to undergo 23 vaccination pursuant to this subsection . 24 7. Treat or order Recommend that individuals exposed to 25 or infected with disease receive treatment or prophylaxis. 26 Treatment or prophylaxis shall be administered by any qualified 27 person authorized to do so by the department. Treatment or 28 prophylaxis shall not be provided or ordered recommended if 29 the treatment or prophylaxis is reasonably likely to lead to 30 serious harm to the affected infected individual. The infected 31 individual has the ultimate authority in determining whether to 32 submit to the recommended treatment or prophylaxis, and shall 33 not be subject to undue pressure or compulsion to submit to 34 the recommendation. To prevent the spread of communicable or 35 -2- LSB 2780SS (1) 91 lh/ko 2/ 6
S.F. 406 potentially communicable disease, the department may isolate or 1 quarantine , pursuant to chapter 139A and the rules implementing 2 chapter 139A and this subchapter , any infected individual who 3 is unable or unwilling to undergo treatment or prophylaxis 4 pursuant to this section subsection . 5 8. Isolate or quarantine infected individuals or groups of 6 individuals pursuant to chapter 139A and the rules implementing 7 chapter 139A and this subchapter . 8 Sec. 2. Section 135.144, Code 2025, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 14. Provide a link on the department’s 11 internet site for qualified individuals to submit 12 evidence-based information regarding a public health emergency 13 or public health disaster and for members of the public to 14 share their experiences. The department shall adopt rules 15 pursuant to chapter 17A to administer this subsection, 16 including the criteria a qualified individual must meet to 17 participate. 18 Sec. 3. Section 139A.4, subsection 1, Code 2025, is amended 19 to read as follows: 20 1. The type and length of isolation or quarantine imposed 21 for a specific communicable disease shall be in accordance with 22 rules adopted by the department. The length of isolation or 23 quarantine shall not exceed the longest usual incubation period 24 for the specific communicable disease. 25 Sec. 4. Section 139A.8, subsection 4, paragraph a, 26 subparagraph (2), Code 2025, is amended to read as follows: 27 (2) The applicant, or if the applicant is a minor, the 28 applicant’s parent or legal guardian, submits an affidavit 29 signed by the applicant, or if the applicant is a minor, 30 the applicant’s parent or legal guardian, stating that the 31 immunization conflicts with the tenets and practices of a 32 recognized sincerely held religious denomination beliefs 33 of which the applicant is an adherent or member , or if the 34 applicant is a minor, of the applicant’s parent or legal 35 -3- LSB 2780SS (1) 91 lh/ko 3/ 6
S.F. 406 guardian . 1 Sec. 5. Section 139A.8, subsection 4, paragraph b, Code 2 2025, is amended to read as follows: 3 b. The exemptions under this subsection do not apply in 4 times of emergency or epidemic as determined and declared by 5 the director. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to duties and powers relative to public 10 health disasters. 11 The bill amends the duties of the department of health and 12 human services (HHS or the department) relative to a public 13 health disaster under Code chapter 135 (department of health 14 and human services —— public health). The bill provides 15 that the reasonable measures taken by HHS to prevent the 16 transmission of infectious disease and to ensure that all cases 17 of communicable disease are properly identified, controlled, 18 and treated shall not include requiring identification and 19 monitoring of a person at risk of contracting a contagious or 20 infectious disease through contact with a contagious person 21 or requiring a person to comply with such identification and 22 monitoring efforts. 23 The department may recommend, but not order, physical 24 examinations, testing, and the collection of specimens 25 necessary for the diagnosis and treatment of individuals. An 26 affected individual has the ultimate authority to determine 27 whether to submit to the department’s recommendations, and 28 shall not be subject to undue pressure or compulsion to submit. 29 The department may isolate infected individuals who refuse a 30 physical examination or testing and who pose a danger to the 31 public health. The length of isolation shall not exceed the 32 longest usual incubation period for the specific communicable 33 disease. 34 The department may recommend a vaccine approved by the 35 -4- LSB 2780SS (1) 91 lh/ko 4/ 6
S.F. 406 United States food and drug administration as safe and 1 effective, but not vaccinate or order that individuals be 2 vaccinated against an infectious disease or to prevent the 3 spread of communicable or potentially communicable disease. 4 Prior to administration of a vaccine, an adult or the parent 5 or legal representative of a minor receiving the vaccine shall 6 be provided with the federal vaccine information statement 7 and verbally informed of the known and potential benefits and 8 risks of the vaccine. Vaccination shall not be recommended if 9 it is reasonably likely to lead to serious harm. An affected 10 individual has the ultimate authority to determine whether to 11 submit to the recommended vaccination, and shall not be subject 12 to undue pressure or compulsion to submit. The department may 13 isolate infected individuals. 14 The department may recommend, but not treat or order, 15 individuals infected with disease receive treatment or 16 prophylaxis. Treatment or prophylaxis shall not be recommended 17 if the treatment or prophylaxis is reasonably likely to lead 18 to serious harm. The infected individual has the ultimate 19 authority to determine whether to submit to the recommendation, 20 and shall not be subject to undue pressure or compulsion to 21 submit. The department may isolate individuals infected with 22 disease who are unable or unwilling to undergo treatment or 23 prophylaxis. 24 The department may isolate infected individuals or groups of 25 individuals in accordance with Code chapter 139A (communicable 26 and infectious diseases and poisonings) and the subchapter of 27 Code chapter 135 relating to disaster preparedness. 28 The bill requires the department to provide a link on the 29 department’s internet site for qualified individuals to submit 30 evidence-based information regarding a public health emergency 31 or public health disaster and for members of the public to 32 share their experiences. The department shall adopt rules to 33 administer this provision, including the criteria a qualified 34 individual must meet to participate. 35 -5- LSB 2780SS (1) 91 lh/ko 5/ 6
S.F. 406 The bill provides that the type and length of isolation or 1 quarantine imposed for a specific communicable disease shall be 2 in accordance with rules adopted by the department, and that 3 the length of the isolation or quarantine shall not exceed the 4 longest usual incubation period for the specific communicable 5 disease. 6 Under current law, immunization is not required for 7 enrollment in an elementary or secondary school or licensed 8 child care center if a person, or, if the person is a minor, the 9 minor’s parent or guardian, submits an affidavit stating that 10 the immunization conflicts with the tenets and practices of a 11 recognized religious denomination of which the person or the 12 minor’s parent or guardian is an adherent or member. Under the 13 bill, the submitted affidavit shall be accepted if it states 14 the immunization conflicts with the sincerely held religious 15 beliefs of the person or, if the person is a minor, the beliefs 16 of the minor’s parent or guardian. 17 The bill provides that if a child is exempt from vaccination, 18 the exemption applies during times of emergency or epidemic. 19 -6- LSB 2780SS (1) 91 lh/ko 6/ 6