SF 406 (LSB 2780SS (1) 91)

SENATE FILE 406

BY  SALMON

A BILL FOR

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

    Section 1.  Section 135.144, subsections 3, 5, 6, 7, and 8, Code 2025, 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 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; requiring a person to comply with such 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 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 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. 2.  Section 135.144, Code 2025, 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. 3.  Section 139A.4, subsection 1, Code 2025, 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. 4.  Section 139A.8, subsection 4, paragraph a, subparagraph (2), Code 2025, 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. 5.  Section 139A.8, subsection 4, paragraph b, Code 2025, 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 public health disasters.
   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 identification and 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 such 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 the public health. The length of isolation shall not exceed the longest usual incubation period 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 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.