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House Study Bill 647 - IntroducedA Bill ForAn Act 1relating to the medical privacy and freedom Act,
2providing penalties, and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 27C.2, Code 2022, is amended by striking
2the section and inserting in lieu thereof the following:
327C.2 Medical treatment status — immunity passports —
4liability.
51. a. Notwithstanding any provision of law to the contrary,
6a business, educational institution, employer, or governmental
7entity shall not do any of the following:
8(1) (a) Inquire into the medical treatment status of,
9maintain a record of the medical treatment status of, or
10require the furnishing of an immunity passport by, a person.
11(b) Maintain an existing record of the medical treatment
12status of a person if the person requests that the record be
13deleted.
14(c) This subparagraph shall not interfere with a person’s
15right to access the person’s own health information under any
16applicable state or federal law or any legal responsibility of
17a health care professional to comply with any applicable state
18or federal law in administering health care to a person.
19(2) Refuse, withhold from, or deny to a person any
20services, goods, facilities, advantages, privileges, access,
21transportation or freedom of movement, licensing, educational
22opportunities, or health care access based on the person’s
23medical treatment status or the furnishing of an immunity
24passport.
25(3) Provide or disallow incentives such as coupons, free
26goods or services, or lotteries and games of chance, or impose
27a monetary fine or tax or other socioeconomic disincentive
28based on the person’s medical treatment status or the
29furnishing of an immunity passport.
30(4) Refuse to hire or employ, bar or discharge from
31employment, impose a surcharge or wage reduction, or
32discriminate against a person in compensation or in a term,
33condition, or privilege of employment based on the person’s
34medical treatment status or the furnishing of an immunity
35passport.
-1- 1(5) Exclude, limit, segregate, refuse to serve, require a
2mask or other facial covering, require testing, or otherwise
3discriminate against a person based on the person’s medical
4treatment status or the furnishing of an immunity passport.
5b. Notwithstanding any provision of law to the contrary,
6each appropriate state agency shall ensure that a business in
7this state complies with this subsection and shall require
8compliance with this subsection as a condition of obtaining a
9license, permit, or other state authorization as necessary to
10conduct business in this state.
112. Notwithstanding any provision of law to the contrary, a
12business, educational institution, employer, or governmental
13entity that violates subsection 1 is liable for any adverse
14reaction, injury, disability, or death that is or may be
15related to a person receiving forced medical treatment in
16response to such violation. Relative to a person who is
17an employee, it shall be presumed, in the absence of any
18substantial evidence to the contrary, that such adverse
19reaction, injury, disability, or death arose in the course of
20such person’s employment.
213. For the purposes of this section:
22a. “Business” means a sole proprietorship, partnership,
23joint venture, corporation, association, or other business
24entity, either for-profit or not-for-profit, including retail
25establishments where goods or services are sold.
26b. “Educational institution” includes any preschool,
27elementary or secondary school, community college, area
28education agency, or postsecondary college or university and
29their governing boards.
30c. “Employer” means a person, as defined in chapter 4, who
31in this state employs for wages a natural person.
32d. “Governmental entity” means the state or any political
33subdivision of the state that owns, leases, or operates
34buildings under the control of the state or a political
35subdivision of the state.
-2- 1e. “Health care professional” means a person who is
2licensed, certified, or otherwise authorized or permitted by
3the law of this state to administer health care in the ordinary
4course of business or in the practice of a profession.
5f. “Immunity passport” means a document, digital record, or
6software application indicating that a person has received a
7vaccination or has gained natural immunity through infection
8and recovery.
9g. “Medical treatment” means a health care treatment,
10service, or procedure designed to maintain or treat a person’s
11physical or mental condition, and includes preventive care,
12medical devices, and vaccinations.
13 Sec. 2. CODE EDITOR DIRECTIVE. The Code editor shall amend
14the title of chapter 27C, Code 2022, to read “MEDICAL PRIVACY
15AND FREEDOM ACT”.
16 Sec. 3. SEVERABILITY. The provisions of this Act are
17severable pursuant to section 4.12.
18 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
19importance, takes effect upon enactment.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the prohibited required disclosure
24of, and discrimination based on, a person’s medical treatment
25status or the furnishing of an immunity passport.
26The bill amends Code chapter 27C (proof of vaccination for
27COVID-19). The bill strikes current provisions prohibiting the
28required furnishing of proof of a vaccination for COVID-19 and
29the prohibition against the awarding or renewal of grants or
30contracts funded by state revenue to a business or governmental
31entity that violates this provision.
32The bill instead amends the Code chapter to include
33prohibitions relating to a person’s medical treatment status
34including vaccination status or the furnishing of an immunity
35passport. The bill provides that notwithstanding any provision
-3-1of law to the contrary, a business, educational institution,
2employer, or governmental entity shall not: inquire into
3the medical treatment status of, maintain a record including
4an existing record of the medical treatment status of, or
5require the furnishing of an immunity passport by, a person;
6refuse, withhold from, or deny to a person any services, goods,
7facilities, advantages, privileges, access, transportation or
8freedom of movement, licensing, educational opportunities,
9or health care access based on a person’s medical treatment
10status or the furnishing of an immunity passport; provide or
11disallow incentives such as coupons, free goods or services, or
12lotteries and games of chance, or impose a monetary fine or tax
13or other socioeconomic disincentive based on a person’s medical
14treatment status or the furnishing of an immunity passport;
15refuse to hire or employ, bar or discharge from employment,
16impose a surcharge or wage reduction, or discriminate against a
17person in compensation or in a term, condition, or privilege
18of employment based on the person’s medical treatment status
19or the furnishing of an immunity passport; or exclude, limit,
20segregate, refuse to serve, require a mask or other facial
21covering, require testing, or otherwise discriminate against a
22person based on the person’s medical treatment status or the
23furnishing of an immunity passport.
24The bill requires each appropriate state agency to ensure
25that a business in this state complies with the provisions of
26the bill and requires compliance with the provisions of the
27bill as a condition of obtaining a license, permit, or other
28state authorization as necessary to conduct business in this
29state.
30A business, educational institution, employer, or
31governmental entity that violates the provisions of the bill is
32liable for any adverse reaction, injury, disability, or death
33that is or may be related to a person receiving forced medical
34treatment in response to such violation. For purposes of a
35person who is an employee, it shall be presumed, in the absence
-4-1of any substantial evidence to the contrary, that such adverse
2reaction, injury, disability, or death arose in the course of
3the person’s employment.
4The bill includes a directive to the Code editor to amend the
5title of Code chapter 27C to be titled the medical privacy and
6freedom Act. Provisions of the bill are severable pursuant to
7Code section 4.12. The bill takes effect upon enactment.
-5-pf/rh
2providing penalties, and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 27C.2, Code 2022, is amended by striking
2the section and inserting in lieu thereof the following:
327C.2 Medical treatment status — immunity passports —
4liability.
51. a. Notwithstanding any provision of law to the contrary,
6a business, educational institution, employer, or governmental
7entity shall not do any of the following:
8(1) (a) Inquire into the medical treatment status of,
9maintain a record of the medical treatment status of, or
10require the furnishing of an immunity passport by, a person.
11(b) Maintain an existing record of the medical treatment
12status of a person if the person requests that the record be
13deleted.
14(c) This subparagraph shall not interfere with a person’s
15right to access the person’s own health information under any
16applicable state or federal law or any legal responsibility of
17a health care professional to comply with any applicable state
18or federal law in administering health care to a person.
19(2) Refuse, withhold from, or deny to a person any
20services, goods, facilities, advantages, privileges, access,
21transportation or freedom of movement, licensing, educational
22opportunities, or health care access based on the person’s
23medical treatment status or the furnishing of an immunity
24passport.
25(3) Provide or disallow incentives such as coupons, free
26goods or services, or lotteries and games of chance, or impose
27a monetary fine or tax or other socioeconomic disincentive
28based on the person’s medical treatment status or the
29furnishing of an immunity passport.
30(4) Refuse to hire or employ, bar or discharge from
31employment, impose a surcharge or wage reduction, or
32discriminate against a person in compensation or in a term,
33condition, or privilege of employment based on the person’s
34medical treatment status or the furnishing of an immunity
35passport.
-1- 1(5) Exclude, limit, segregate, refuse to serve, require a
2mask or other facial covering, require testing, or otherwise
3discriminate against a person based on the person’s medical
4treatment status or the furnishing of an immunity passport.
5b. Notwithstanding any provision of law to the contrary,
6each appropriate state agency shall ensure that a business in
7this state complies with this subsection and shall require
8compliance with this subsection as a condition of obtaining a
9license, permit, or other state authorization as necessary to
10conduct business in this state.
112. Notwithstanding any provision of law to the contrary, a
12business, educational institution, employer, or governmental
13entity that violates subsection 1 is liable for any adverse
14reaction, injury, disability, or death that is or may be
15related to a person receiving forced medical treatment in
16response to such violation. Relative to a person who is
17an employee, it shall be presumed, in the absence of any
18substantial evidence to the contrary, that such adverse
19reaction, injury, disability, or death arose in the course of
20such person’s employment.
213. For the purposes of this section:
22a. “Business” means a sole proprietorship, partnership,
23joint venture, corporation, association, or other business
24entity, either for-profit or not-for-profit, including retail
25establishments where goods or services are sold.
26b. “Educational institution” includes any preschool,
27elementary or secondary school, community college, area
28education agency, or postsecondary college or university and
29their governing boards.
30c. “Employer” means a person, as defined in chapter 4, who
31in this state employs for wages a natural person.
32d. “Governmental entity” means the state or any political
33subdivision of the state that owns, leases, or operates
34buildings under the control of the state or a political
35subdivision of the state.
-2- 1e. “Health care professional” means a person who is
2licensed, certified, or otherwise authorized or permitted by
3the law of this state to administer health care in the ordinary
4course of business or in the practice of a profession.
5f. “Immunity passport” means a document, digital record, or
6software application indicating that a person has received a
7vaccination or has gained natural immunity through infection
8and recovery.
9g. “Medical treatment” means a health care treatment,
10service, or procedure designed to maintain or treat a person’s
11physical or mental condition, and includes preventive care,
12medical devices, and vaccinations.
13 Sec. 2. CODE EDITOR DIRECTIVE. The Code editor shall amend
14the title of chapter 27C, Code 2022, to read “MEDICAL PRIVACY
15AND FREEDOM ACT”.
16 Sec. 3. SEVERABILITY. The provisions of this Act are
17severable pursuant to section 4.12.
18 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
19importance, takes effect upon enactment.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the prohibited required disclosure
24of, and discrimination based on, a person’s medical treatment
25status or the furnishing of an immunity passport.
26The bill amends Code chapter 27C (proof of vaccination for
27COVID-19). The bill strikes current provisions prohibiting the
28required furnishing of proof of a vaccination for COVID-19 and
29the prohibition against the awarding or renewal of grants or
30contracts funded by state revenue to a business or governmental
31entity that violates this provision.
32The bill instead amends the Code chapter to include
33prohibitions relating to a person’s medical treatment status
34including vaccination status or the furnishing of an immunity
35passport. The bill provides that notwithstanding any provision
-3-1of law to the contrary, a business, educational institution,
2employer, or governmental entity shall not: inquire into
3the medical treatment status of, maintain a record including
4an existing record of the medical treatment status of, or
5require the furnishing of an immunity passport by, a person;
6refuse, withhold from, or deny to a person any services, goods,
7facilities, advantages, privileges, access, transportation or
8freedom of movement, licensing, educational opportunities,
9or health care access based on a person’s medical treatment
10status or the furnishing of an immunity passport; provide or
11disallow incentives such as coupons, free goods or services, or
12lotteries and games of chance, or impose a monetary fine or tax
13or other socioeconomic disincentive based on a person’s medical
14treatment status or the furnishing of an immunity passport;
15refuse to hire or employ, bar or discharge from employment,
16impose a surcharge or wage reduction, or discriminate against a
17person in compensation or in a term, condition, or privilege
18of employment based on the person’s medical treatment status
19or the furnishing of an immunity passport; or exclude, limit,
20segregate, refuse to serve, require a mask or other facial
21covering, require testing, or otherwise discriminate against a
22person based on the person’s medical treatment status or the
23furnishing of an immunity passport.
24The bill requires each appropriate state agency to ensure
25that a business in this state complies with the provisions of
26the bill and requires compliance with the provisions of the
27bill as a condition of obtaining a license, permit, or other
28state authorization as necessary to conduct business in this
29state.
30A business, educational institution, employer, or
31governmental entity that violates the provisions of the bill is
32liable for any adverse reaction, injury, disability, or death
33that is or may be related to a person receiving forced medical
34treatment in response to such violation. For purposes of a
35person who is an employee, it shall be presumed, in the absence
-4-1of any substantial evidence to the contrary, that such adverse
2reaction, injury, disability, or death arose in the course of
3the person’s employment.
4The bill includes a directive to the Code editor to amend the
5title of Code chapter 27C to be titled the medical privacy and
6freedom Act. Provisions of the bill are severable pursuant to
7Code section 4.12. The bill takes effect upon enactment.
-5-pf/rh