Bill Text: IA HF2090 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to powers and duties applicable to state of disaster emergencies and public health disasters.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-01-29 - Subcommittee: Bergan, Collins and Gjerde. H.J. 153. [HF2090 Detail]
Download: Iowa-2023-HF2090-Introduced.html
House
File
2090
-
Introduced
HOUSE
FILE
2090
BY
DIEKEN
(COMPANION
TO
SF
2030
BY
SALMON)
A
BILL
FOR
An
Act
relating
to
powers
and
duties
applicable
to
state
of
1
disaster
emergencies
and
public
health
disasters.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
29C.6,
subsection
1,
Code
2024,
is
1
amended
to
read
as
follows:
2
1.
a.
After
finding
a
disaster
exists
or
is
threatened,
3
proclaim
a
state
of
disaster
emergency.
This
proclamation
4
shall
be
in
writing,
indicate
the
area
affected
and
the
facts
5
upon
which
it
is
based,
be
signed
by
the
governor,
and
be
6
filed
with
the
secretary
of
state.
If
the
state
of
disaster
7
emergency
specifically
constitutes
a
public
health
disaster
8
as
defined
in
section
135.140
,
the
written
proclamation
shall
9
include
a
statement
to
that
effect.
A
state
of
disaster
10
emergency
shall
continue
for
thirty
sixty
days,
unless
sooner
11
terminated
or
rescinded,
extended
in
writing
,
or
amended
by
12
the
governor
general
assembly
.
The
general
assembly
may,
13
by
concurrent
resolution,
rescind
,
extend,
or
amend
this
14
proclamation.
Any
initial
extension
of
this
proclamation
by
15
the
general
assembly
shall
not
exceed
sixty
days,
and
any
16
subsequent
extension
shall
not
exceed
sixty-day
increments.
17
If
the
general
assembly
is
not
in
session,
the
legislative
18
council
may,
by
majority
vote,
rescind
,
extend,
or
amend
this
19
proclamation
only
once
and
any
extension
shall
not
exceed
20
sixty
days
.
Rescission
Following
any
rescission,
extension,
21
or
amendment
of
this
proclamation
by
the
legislative
council,
22
any
additional
action
may
only
be
taken
by
the
general
23
assembly.
Any
rescission,
extension,
or
amendment
shall
be
24
effective
upon
the
filing
of
the
concurrent
resolution
or
25
resolution
of
the
legislative
council
with
the
secretary
of
26
state.
A
proclamation
of
disaster
emergency
shall
activate
the
27
disaster
response
and
recovery
aspect
of
the
state,
local,
and
28
interjurisdictional
disaster
emergency
plans
applicable
to
the
29
political
subdivision
or
area
in
question
and
be
authority
for
30
the
deployment
and
use
of
any
forces
to
which
the
plan
applies,
31
and
for
use
or
distribution
of
any
supplies,
equipment,
and
32
materials
and
facilities
assembled,
stockpiled,
or
arranged
to
33
be
made
available.
34
b.
A
measure
dictated
in
a
state
of
disaster
emergency
35
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proclamation
shall
not
do
any
of
the
following:
1
(1)
Infringe
on
a
fundamental
constitutionally
protected
2
right
unless
the
measure
is
justified
by
a
compelling
state
3
interest,
is
narrowly
tailored
to
achieve
its
specific
purpose,
4
and
is
achieved
by
the
least
restrictive
means
possible.
5
(2)
Restrict
rights,
interests,
or
activities
in
a
manner
6
that
is
not
neutral
or
generally
applicable.
7
(3)
Prohibit
in-person
interactions
between
religious
8
leaders
or
individuals
who
are
related
by
consanguinity
or
9
affinity
with
patients
or
residents
of
hospitals
or
health
care
10
facilities.
11
(4)
Authorize
the
use
of
mobile,
cellular,
or
any
other
12
digital
technologies
to
track
or
surveil
persons
without
13
providing
prior
notice
to
and
receiving
consent
from
such
14
persons.
The
consent
request
regarding
the
specific
terms
of
15
surveillance
shall
be
presented
as
a
separate
request
and
not
16
combined
with
any
other
terms
requiring
consent.
17
(5)
Authorize
the
use
of
any
drones,
unmanned
18
aerial
vehicles,
advanced
robotics,
or
any
artificial
19
intelligence-based
systems
to
enforce
the
proclamation.
20
(6)
Restrict
the
practice
of
a
person
holding
a
valid
21
license
to
practice
a
health-related
profession
regulated
22
by
a
board
designated
pursuant
to
section
147.13
or
by
the
23
department
of
inspections,
appeals,
and
licensing,
or
restrict
24
the
scope
of
service
delivery
of
a
hospital,
clinic,
or
25
health
care
professional
if
the
person
or
entity
is
otherwise
26
practicing
within
the
scope
of
a
valid
license.
27
(7)
Allow
a
board
designated
pursuant
to
section
147.13
to
28
restrict
the
prescribing
authority
of
a
licensed
health-related
29
professional
in
a
way
that
acts
as
a
deterrent
for
the
30
professional
to
prescribe
a
medication
or
treatment
in
31
accordance
with
the
professional’s
best
professional
judgment.
32
(8)
Require
identification
and
monitoring
of
persons
33
who
may
be
at
risk
of
contracting
a
contagious
or
infectious
34
disease
by
virtue
of
contact
with
a
contagious
person
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in
a
manner
consistent
with
known
or
suspected
modes
1
of
transmission;
require
a
person
to
comply
with
such
2
identification
and
monitoring
efforts
including
efforts
that
3
infringe
on
a
person’s
freedom
of
association;
or
establish,
4
authorize,
or
enforce
penalties
for
a
person’s
refusal
to
5
participate
in
the
identification
and
monitoring
efforts.
6
Sec.
2.
Section
135.144,
subsections
3,
5,
6,
7,
and
8,
Code
7
2024,
are
amended
to
read
as
follows:
8
3.
Take
reasonable
measures
as
necessary
to
prevent
9
the
transmission
of
infectious
disease
and
to
ensure
that
10
all
cases
of
communicable
disease
are
properly
identified,
11
controlled,
and
treated.
However,
such
reasonable
measures
12
shall
not
include
requiring
identification
and
monitoring
of
13
persons
who
may
be
at
risk
of
contracting
a
contagious
or
14
infectious
disease
by
virtue
of
contact
with
a
contagious
15
person
in
a
manner
consistent
with
known
or
suspected
modes
16
of
transmission;
requiring
a
person
to
comply
with
such
17
identification
and
monitoring
efforts
including
efforts
that
18
infringe
on
a
person’s
freedom
of
association;
or
establishing,
19
authorizing,
or
enforcing
penalties
for
a
person’s
refusal
20
to
participate
in
the
identification
and
monitoring
efforts
21
including
efforts
that
infringe
on
a
person’s
freedom
of
22
association.
23
5.
Order
Recommend
physical
examinations
and
tests
and
24
collect
the
collection
of
specimens
as
necessary
for
the
25
diagnosis
or
treatment
of
individuals,
to
be
performed
by
any
26
qualified
person
authorized
to
do
so
by
the
department.
An
A
27
physical
examination
or
test
shall
not
be
performed
or
ordered
28
recommended
if
the
physical
examination
or
test
is
reasonably
29
likely
to
lead
to
serious
harm
to
the
affected
individual.
The
30
affected
individual
has
the
ultimate
authority
in
determining
31
whether
to
submit
to
the
recommended
physical
examination
32
or
testing,
and
shall
not
be
subject
to
undue
pressure
or
33
compulsion
to
submit
to
the
recommendation.
The
department
may
34
isolate
or
quarantine
,
pursuant
to
chapter
139A
and
the
rules
35
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implementing
chapter
139A
and
this
subchapter
,
any
infected
1
individual
whose
refusal
of
medical
a
physical
examination
or
2
testing
results
in
uncertainty
regarding
whether
the
individual
3
has
been
exposed
to
or
is
infected
with
a
communicable
or
4
potentially
communicable
disease
or
otherwise
poses
a
danger
to
5
public
health.
The
length
of
isolation
shall
not
exceed
the
6
longest
usual
incubation
period
for
the
specific
communicable
7
disease.
8
6.
Vaccinate
or
order
Recommend
that
individuals
be
9
vaccinated
with
a
vaccine
approved
by
the
United
States
food
10
and
drug
administration
as
safe
and
effective
against
an
11
infectious
disease
and
to
prevent
the
spread
of
communicable
12
or
potentially
communicable
disease.
Vaccinations
shall
be
13
administered
by
any
qualified
person
authorized
to
do
so
by
the
14
department.
Prior
to
administration
of
a
vaccine,
an
adult
15
or
the
parent
or
legal
representative
of
a
minor
receiving
16
the
vaccine
shall
be
provided
with
the
federal
vaccine
17
information
statement
for
the
vaccine
and
verbally
informed
18
of
the
known
and
potential
benefits
and
risks
of
the
vaccine.
19
The
vaccination
shall
not
be
provided
or
ordered
recommended
20
if
it
is
reasonably
likely
to
lead
to
serious
harm
to
the
21
affected
individual.
The
affected
individual
has
the
ultimate
22
authority
in
determining
whether
to
submit
to
the
recommended
23
vaccination,
and
shall
not
be
subject
to
undue
pressure
or
24
compulsion
to
submit
to
the
recommendation.
To
prevent
the
25
spread
of
communicable
or
potentially
communicable
disease,
the
26
department
may
isolate
or
quarantine
,
pursuant
to
chapter
139A
27
and
the
rules
implementing
chapter
139A
and
this
subchapter
,
28
any
infected
person
who
is
unable
or
unwilling
to
undergo
29
vaccination
pursuant
to
this
subsection
.
30
7.
Treat
or
order
Recommend
that
individuals
exposed
to
31
or
infected
with
disease
receive
treatment
or
prophylaxis.
32
Treatment
or
prophylaxis
shall
be
administered
by
any
qualified
33
person
authorized
to
do
so
by
the
department.
Treatment
or
34
prophylaxis
shall
not
be
provided
or
ordered
recommended
if
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the
treatment
or
prophylaxis
is
reasonably
likely
to
lead
1
to
serious
harm
to
the
affected
individual.
The
affected
2
individual
has
the
ultimate
authority
in
determining
whether
to
3
submit
to
the
recommended
treatment
or
prophylaxis,
and
shall
4
not
be
subject
to
undue
pressure
or
compulsion
to
submit
to
5
the
recommendation.
To
prevent
the
spread
of
communicable
or
6
potentially
communicable
disease,
the
department
may
isolate
or
7
quarantine
,
pursuant
to
chapter
139A
and
the
rules
implementing
8
chapter
139A
and
this
subchapter
,
any
infected
individual
who
9
is
unable
or
unwilling
to
undergo
treatment
or
prophylaxis
10
pursuant
to
this
section
subsection
.
11
8.
Isolate
or
quarantine
infected
individuals
or
groups
of
12
individuals
pursuant
to
chapter
139A
and
the
rules
implementing
13
chapter
139A
and
this
subchapter
.
14
Sec.
3.
Section
135.144,
Code
2024,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
14.
Provide
a
link
on
the
department’s
17
internet
site
for
qualified
individuals
to
submit
18
evidence-based
information
regarding
a
public
health
emergency
19
or
public
health
disaster
and
for
members
of
the
public
to
20
share
their
experiences.
The
department
shall
adopt
rules
21
pursuant
to
chapter
17A
to
administer
this
subsection,
22
including
the
criteria
a
qualified
individual
must
meet
to
23
participate.
24
Sec.
4.
Section
139A.4,
subsection
1,
Code
2024,
is
amended
25
to
read
as
follows:
26
1.
The
type
and
length
of
isolation
or
quarantine
imposed
27
for
a
specific
communicable
disease
shall
be
in
accordance
with
28
rules
adopted
by
the
department.
The
length
of
isolation
or
29
quarantine
shall
not
exceed
the
longest
usual
incubation
period
30
for
the
specific
communicable
disease.
31
Sec.
5.
Section
139A.8,
subsection
4,
paragraph
a,
32
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
33
(2)
The
applicant,
or
if
the
applicant
is
a
minor,
the
34
applicant’s
parent
or
legal
guardian,
submits
an
affidavit
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signed
by
the
applicant,
or
if
the
applicant
is
a
minor,
1
the
applicant’s
parent
or
legal
guardian,
stating
that
the
2
immunization
conflicts
with
the
tenets
and
practices
of
a
3
recognized
sincerely
held
religious
denomination
beliefs
4
of
which
the
applicant
is
an
adherent
or
member
,
or
if
the
5
applicant
is
a
minor,
of
the
applicant’s
parent
or
legal
6
guardian
.
7
Sec.
6.
Section
139A.8,
subsection
4,
paragraph
b,
Code
8
2024,
is
amended
to
read
as
follows:
9
b.
The
exemptions
under
this
subsection
do
not
apply
in
10
times
of
emergency
or
epidemic
as
determined
by
the
council
on
11
health
and
human
services
and
as
declared
by
the
director
of
12
health
and
human
services.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
duties
and
powers
relative
to
emergency
17
situations
including
a
state
of
disaster
emergency
and
public
18
health
disasters.
19
The
bill
amends
provisions
relating
to
the
proclamation
of
a
20
state
of
disaster
emergency
by
the
governor
under
Code
chapter
21
29C
(emergency
management
and
security).
Current
law
provides
22
that
a
state
of
disaster
emergency
shall
continue
for
30
days
23
unless
sooner
terminated
or
extended
by
the
governor
and
that
24
the
general
assembly,
by
concurrent
resolution
when
in
session
25
or
through
the
legislative
council
by
majority
vote
if
not
in
26
session,
may
rescind
the
proclamation.
Under
the
bill,
a
state
27
of
disaster
emergency
shall
continue
for
60
days
unless
sooner
28
rescinded,
extended,
or
amended
by
the
general
assembly,
not
29
the
governor,
and
any
initial
extension
of
the
proclamation
30
by
the
general
assembly
shall
not
exceed
60
days,
and
any
31
subsequent
extension
shall
not
exceed
60-day
increments.
Any
32
rescission,
extension,
or
amendment
by
the
general
assembly
33
shall
be
effective
upon
the
filing
of
the
concurrent
resolution
34
or
resolution
of
the
legislative
council
with
the
secretary
of
35
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state.
The
bill
also
provides
that
if
the
general
assembly
is
1
not
in
session,
the
legislative
council
may,
by
majority
vote,
2
rescind,
extend,
or
amend
this
proclamation
only
once
and
any
3
extension
shall
not
exceed
60
days.
Following
any
rescission,
4
extension,
or
amendment
of
the
proclamation
by
the
legislative
5
council,
any
additional
action
may
only
be
taken
by
the
general
6
assembly.
7
The
bill
also
provides
that
a
measure
dictated
in
a
state
8
of
disaster
emergency
proclamation
shall
not
do
any
of
the
9
following:
infringe
on
a
fundamental
constitutionally
10
protected
right
unless
the
measure
is
justified
by
a
compelling
11
state
interest,
is
narrowly
tailored
to
achieve
its
specific
12
purpose,
and
is
achieved
by
the
least
restrictive
means
13
possible;
restrict
rights,
interests,
or
activities
in
a
14
manner
that
is
not
neutral
or
generally
applicable;
prohibit
15
in-person
interactions
between
religious
leaders
or
individuals
16
who
are
related
by
consanguinity
or
affinity
with
patients
or
17
residents
of
hospitals
or
health
care
facilities;
authorize
18
the
use
of
mobile,
cellular,
or
any
other
digital
technologies
19
to
track
or
surveil
persons
without
providing
prior
notice
20
to
and
receiving
consent
from
such
persons,
with
the
consent
21
request
regarding
the
specific
terms
of
surveillance
being
22
presented
as
a
separate
request
and
not
combined
with
any
other
23
terms
requiring
consent;
authorize
the
use
of
any
drones,
24
unmanned
aerial
vehicles,
advanced
robotics,
or
any
artificial
25
intelligence-based
systems
to
enforce
the
proclamation;
26
restrict
the
practice
of
a
person
holding
a
valid
license
to
27
practice
a
health-related
profession,
or
restrict
the
scope
28
of
service
delivery
of
a
hospital,
clinic,
or
health
care
29
professional
if
the
person
or
entity
is
otherwise
practicing
30
within
the
scope
of
a
valid
license;
allow
a
health-related
31
professional
board
to
restrict
the
prescribing
authority
of
32
a
licensed
health-related
professional
in
a
way
that
acts
as
33
a
deterrent
for
the
professional
to
prescribe
a
medication
34
or
treatment
in
accordance
with
the
professional’s
best
35
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professional
judgment;
or
require
identification
and
monitoring
1
of
persons
who
may
be
at
risk
of
contracting
a
contagious
2
or
infectious
disease
by
virtue
of
contact
with
a
contagious
3
person
in
a
manner
consistent
with
known
or
suspected
4
modes
of
transmission,
require
a
person
to
comply
with
such
5
identification
and
monitoring
efforts
including
efforts
that
6
infringe
on
a
person’s
freedom
of
association,
or
establish,
7
authorize,
or
enforce
penalties
for
a
person’s
refusal
to
8
participate
in
the
identification
and
monitoring
efforts.
9
The
bill
amends
the
duties
of
the
department
of
health
and
10
human
services
(HHS
or
the
department)
relative
to
a
public
11
health
disaster
under
Code
chapter
135
(department
of
health
12
and
human
services
——
public
health).
The
bill
provides
13
that
the
reasonable
measures
taken
by
HHS
to
prevent
the
14
transmission
of
infectious
disease
and
to
ensure
that
all
cases
15
of
communicable
disease
are
properly
identified,
controlled,
16
and
treated
shall
not
include
requiring
identification
and
17
monitoring
of
persons
who
may
be
at
risk
of
contracting
a
18
contagious
or
infectious
disease
by
virtue
of
contact
with
19
a
contagious
person
in
a
manner
consistent
with
known
or
20
suspected
modes
of
transmission;
requiring
a
person
to
comply
21
with
such
identification
and
monitoring
efforts
including
22
efforts
that
infringe
on
a
person’s
freedom
of
association;
23
or
establishing,
authorizing,
or
enforcing
penalties
for
a
24
person’s
refusal
to
participate
in
the
identification
and
25
monitoring
efforts
including
efforts
that
infringe
on
a
26
person’s
freedom
of
association.
27
The
department
may
recommend,
but
not
order,
physical
28
examinations,
testing,
and
the
collection
of
specimens
29
necessary
for
the
diagnosis
and
treatment
of
individuals.
30
However,
the
affected
individual
has
the
ultimate
authority
31
in
determining
whether
to
submit
to
the
recommended
physical
32
examination
or
testing,
and
shall
not
be
subject
to
undue
33
pressure
or
compulsion
to
submit
to
the
recommendation.
The
34
department
may
isolate
only
infected
individuals
who
refuse
a
35
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physical
examination
or
testing
and
who
pose
a
danger
to
the
1
public
health.
Additionally,
the
length
of
isolation
shall
not
2
exceed
the
longest
usual
incubation
period
for
the
specific
3
communicable
disease.
4
The
department
may
recommend
that
individuals
be
vaccinated
5
with
a
vaccine
approved
by
the
United
States
food
and
drug
6
administration
as
safe
and
effective,
but
not
vaccinate
or
7
order
that
individuals
be
vaccinated
against
an
infectious
8
disease
or
to
prevent
the
spread
of
communicable
or
potentially
9
communicable
disease.
Prior
to
administration
of
a
vaccine,
10
an
adult
or
the
parent
or
legal
representative
of
a
minor
11
receiving
the
vaccine
shall
be
provided
with
the
federal
12
vaccine
information
statement
for
the
vaccine
and
verbally
13
informed
of
the
known
and
potential
benefits
and
risks
of
14
the
vaccine.
Vaccination
shall
not
be
recommended
if
it
is
15
reasonably
likely
to
lead
to
serious
harm
to
the
affected
16
individual.
The
affected
individual
has
the
ultimate
17
authority
in
determining
whether
to
submit
to
the
recommended
18
vaccination,
and
shall
not
be
subject
to
undue
pressure
or
19
compulsion
to
submit
to
the
recommendation.
The
department
may
20
isolate
infected
individuals.
21
The
department
may
recommend,
but
not
treat
or
order,
22
that
individuals
infected
with
disease
receive
treatment
or
23
prophylaxis.
Treatment
or
prophylaxis
shall
not
be
recommended
24
if
the
treatment
or
prophylaxis
is
reasonably
likely
to
lead
25
to
serious
harm
to
the
affected
individual.
The
affected
26
individual
has
the
ultimate
authority
in
determining
whether
to
27
submit
to
the
recommended
treatment
or
prophylaxis,
and
shall
28
not
be
subject
to
undue
pressure
or
compulsion
to
submit
to
the
29
recommendation.
The
department
may
isolate
only
individuals
30
infected
with
disease
who
are
unable
or
unwilling
to
undergo
31
treatment
or
prophylaxis.
32
The
department
may
isolate
only
infected
individuals
or
33
groups
of
individuals
in
accordance
with
Code
chapter
139A
34
(communicable
and
infectious
diseases
and
poisonings)
and
35
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the
subchapter
of
Code
chapter
135
relating
to
disaster
1
preparedness.
2
The
bill
requires
the
department
to
provide
a
link
on
the
3
department’s
internet
site
for
qualified
individuals
to
submit
4
evidence-based
information
regarding
a
public
health
emergency
5
or
public
health
disaster
and
for
members
of
the
public
to
6
share
their
experiences.
The
department
shall
adopt
rules
7
pursuant
to
Code
chapter
17A
to
administer
this
provision,
8
including
the
criteria
a
qualified
individual
must
meet
to
9
participate.
10
The
bill
amends
Code
provisions
under
Code
chapter
139A
11
relating
to
the
type
and
length
of
isolation
or
quarantine
12
relating
to
communicable
diseases
to
provide
that
the
type
13
and
length
of
isolation
or
quarantine
imposed
for
a
specific
14
communicable
disease
shall
be
in
accordance
with
rules
adopted
15
by
the
department,
and
that
the
length
of
the
isolation
or
16
quarantine
shall
not
exceed
the
longest
usual
incubation
period
17
for
the
specific
communicable
disease.
18
The
bill
amends
provisions
under
Code
chapter
139A
relating
19
to
the
immunization
of
children
to
provide
that
if
a
child
is
20
exempt
from
vaccination,
the
exemption
applies
during
times
of
21
emergency
or
epidemic
and
provides
that
the
religious
exemption
22
is
based
on
the
sincerely
held
religious
beliefs
of
the
23
applicant,
or
if
the
applicant
is
a
minor,
of
the
applicant’s
24
parent
or
legal
guardian,
rather
than
based
on
a
conflict
with
25
the
tenets
and
practices
of
a
recognized
religious
denomination
26
of
which
the
applicant
is
an
adherent
or
member.
27
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