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Senate File 239 - IntroducedA Bill ForAn Act 1providing for exemptions from immunization for a
2person’s enrollment in any elementary or secondary school or
3licensed child care center.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 139A.8, subsection 4, paragraph a, Code
22019, is amended to read as follows:
3a. Immunization is not required for a person’s enrollment
4in any elementary or secondary school or licensed child care
5center if either any of the following applies:
6(1) The applicant, or if the applicant is a minor, the
7applicant’s parent or legal guardian, submits to the admitting
8official a statement signed by a physician, advanced registered
9nurse practitioner, or physician assistant who is licensed by
10the board of medicine, board of nursing, or board of physician
11assistants that the immunizations required would could be
12injurious to the health and well-being of the applicant or any
13member of the applicant’s family.
14(2) The applicant, or if the applicant is a minor, the
15applicant’s parent or legal guardian, submits an affidavit
16signed by the applicant, or if the applicant is a minor,
17the applicant’s parent or legal guardian, stating that the
18immunization conflicts with the tenets and practices of
19a recognized religious denomination beliefs of which the
20applicant is an adherent or member.
21(3) The applicant, or if the applicant is a minor, the
22applicant’s parent or legal guardian, submits an affidavit
23signed by the applicant, or if the applicant is a minor, signed
24by the applicant’s parent or legal guardian, stating that the
25immunization conflicts with the conscientiously held beliefs
26of the applicant, or if the applicant is a minor, of the
27applicant’s parent or legal guardian.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to exemptions from immunization required
32for a person’s enrollment in any elementary or secondary school
33or licensed child care center.
34The bill amends the existing medical exemption provision
35to require that the statement signed by the health care
-1-1professional and submitted to the admitting official must state
2that the immunizations required could, rather than would, be
3injurious to the health and well-being of the applicant or any
4member of the applicant’s family.
5The bill amends the existing religious exemption provision
6to provide that the affidavit signed and submitted must state
7that the immunization conflicts with the religious beliefs of
8the applicant, not the tenets and practices of a recognized
9religious denomination of which the applicant is an adherent
10or member.
11The bill also includes a new exemption that includes as
12a basis for exemption, the submission of a signed affidavit
13by the applicant, or if the applicant is a minor, by the
14applicant’s parent or legal guardian, stating that the
15immunization conflicts with the conscientiously held beliefs
16of the applicant, or if the applicant is a minor, of the
17applicant’s parent or legal guardian.
18Existing provisions direct the department of public
19health, in consultation with the director of the department of
20education, to adopt rules to implement the bill.
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2person’s enrollment in any elementary or secondary school or
3licensed child care center.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 139A.8, subsection 4, paragraph a, Code
22019, is amended to read as follows:
3a. Immunization is not required for a person’s enrollment
4in any elementary or secondary school or licensed child care
5center if either any of the following applies:
6(1) The applicant, or if the applicant is a minor, the
7applicant’s parent or legal guardian, submits to the admitting
8official a statement signed by a physician, advanced registered
9nurse practitioner, or physician assistant who is licensed by
10the board of medicine, board of nursing, or board of physician
11assistants that the immunizations required would could be
12injurious to the health and well-being of the applicant or any
13member of the applicant’s family.
14(2) The applicant, or if the applicant is a minor, the
15applicant’s parent or legal guardian, submits an affidavit
16signed by the applicant, or if the applicant is a minor,
17the applicant’s parent or legal guardian, stating that the
18immunization conflicts with the tenets and practices of
19a recognized religious denomination beliefs of which the
20applicant is an adherent or member.
21(3) The applicant, or if the applicant is a minor, the
22applicant’s parent or legal guardian, submits an affidavit
23signed by the applicant, or if the applicant is a minor, signed
24by the applicant’s parent or legal guardian, stating that the
25immunization conflicts with the conscientiously held beliefs
26of the applicant, or if the applicant is a minor, of the
27applicant’s parent or legal guardian.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to exemptions from immunization required
32for a person’s enrollment in any elementary or secondary school
33or licensed child care center.
34The bill amends the existing medical exemption provision
35to require that the statement signed by the health care
-1-1professional and submitted to the admitting official must state
2that the immunizations required could, rather than would, be
3injurious to the health and well-being of the applicant or any
4member of the applicant’s family.
5The bill amends the existing religious exemption provision
6to provide that the affidavit signed and submitted must state
7that the immunization conflicts with the religious beliefs of
8the applicant, not the tenets and practices of a recognized
9religious denomination of which the applicant is an adherent
10or member.
11The bill also includes a new exemption that includes as
12a basis for exemption, the submission of a signed affidavit
13by the applicant, or if the applicant is a minor, by the
14applicant’s parent or legal guardian, stating that the
15immunization conflicts with the conscientiously held beliefs
16of the applicant, or if the applicant is a minor, of the
17applicant’s parent or legal guardian.
18Existing provisions direct the department of public
19health, in consultation with the director of the department of
20education, to adopt rules to implement the bill.
-2-pf/rh