Bill Text: IA HF2333 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the establishment and administration of a state vaccine adverse event reporting system and a state vaccine injury compensation program, and providing a standing appropriation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-06 - Introduced, referred to Health and Human Services. H.J. 200. [HF2333 Detail]
Download: Iowa-2023-HF2333-Introduced.html
House
File
2333
-
Introduced
HOUSE
FILE
2333
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
the
establishment
and
administration
of
a
1
state
vaccine
adverse
event
reporting
system
and
a
state
2
vaccine
injury
compensation
program,
and
providing
a
3
standing
appropriation.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
135.194
Definitions.
1
As
used
in
this
subchapter,
unless
the
context
otherwise
2
requires:
3
1.
“Federal
vaccine
adverse
event
reporting
system”
means
the
4
national
vaccine
safety
surveillance
program
comonitered
by
the
5
United
states
food
and
drug
administration
and
the
centers
for
6
disease
control
and
prevention
of
the
United
States
department
7
of
health
and
human
services.
8
2.
“National
vaccine
injury
compensation
program”
means
9
the
national
vaccine
injury
compensation
program
established
10
pursuant
to
42
U.S.C.
§300aa-10
and
administered
by
the
11
division
of
compensation
programs,
health
care
systems
bureau,
12
health
resources
and
services
administration,
United
States
13
department
of
health
and
human
services.
14
3.
“State
vaccine
adverse
event
reporting
system”
or
“state
15
system”
means
the
state
vaccine
adverse
event
reporting
system
16
established
in
section
135.195.
17
4.
“State
vaccine
injury
compensation
program”
or
“state
18
program”
means
the
state
vaccine
injury
compensation
program
19
established
in
section
135.195.
20
5.
“Vaccine”
means
any
vaccine
or
immunization
required
21
pursuant
to
section
139A.8
for
a
person’s
enrollment
in
any
22
licensed
child
care
center
or
elementary
or
secondary
school
23
in
Iowa.
24
Sec.
2.
NEW
SECTION
.
135.195
State
vaccine
adverse
event
25
reporting
system
——
state
vaccine
injury
compensation
program
——
26
established.
27
1.
The
department
shall
establish
a
state
vaccine
adverse
28
event
reporting
system
and
vaccine
injury
compensation
29
program
that
replicates
at
the
state
level
the
federal
vaccine
30
adverse
event
reporting
system
and
the
national
vaccine
31
injury
compensation
program,
including
required
reporting
and
32
compensation
provisions.
33
2.
a.
The
state
system
and
state
program
shall
provide
34
information
to
the
public
regarding
the
process
for
reporting
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potential
vaccine
injuries
to
both
the
federal
reporting
system
1
and
national
compensation
program,
and
the
state
system
and
2
state
program.
3
b.
The
state
system
and
the
state
program
shall
provide
4
technical
assistance
and
training
to
health
care
providers
who
5
administer
vaccines
to
ensure
the
health
care
providers
respond
6
to
and
report
all
potential
vaccine
injury
cases
brought
to
7
the
health
care
providers’
attention.
The
state
system
and
8
state
program
shall
work
with
health
professional
licensing
9
boards
and
professional
organizations
to
provide
continuing
10
education
and
vaccine
safety
and
efficacy
training
for
all
11
health
care
providers
based
on
information
provided
by
the
12
centers
for
disease
control
and
prevention
of
the
United
States
13
department
of
health
and
human
services,
the
federal
food
and
14
drug
administration,
the
national
vaccine
injury
compensation
15
program,
vaccine
manufacturer
package
inserts,
and
current
16
research.
17
c.
The
state
system
and
state
program
shall
annually
18
provide
a
public
forum
on
vaccine
adverse
events
that
includes
19
participants
who
are
vaccine
injury
victims.
The
public
20
forum
shall
provide
information
on
the
requirements
health
21
care
providers
who
administer
vaccines
must
meet,
including
22
providing
a
copy
of
the
vaccine
information
statement
when
23
a
vaccine
is
administered
pursuant
to
42
U.S.C.
§300aa-26,
24
recording
provision
of
the
vaccine
information
statement
and
25
other
required
information
in
the
patient’s
medical
record,
and
26
the
process
for
making
a
vaccine
adverse
event
report.
27
d.
The
department
shall
establish
a
vaccine
injury
board
28
to
advise
the
department
in
administering
the
state
system
and
29
state
program.
The
board
shall
be
composed
of
health
care
30
providers,
and
at
least
one-half
of
the
members
of
the
board
31
shall
be
vaccine
injury
victims
or
parents
or
legal
guardians
32
of
vaccine
injury
victims
who
are
minors.
33
e.
The
department
shall
provide
an
annual
report
to
34
the
governor
and
the
general
assembly
regarding
the
number
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of
vaccine
adverse
event
reports
made
and
the
amount
of
1
compensation
provided
by
the
state.
2
3.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
3
to
administer
the
state
system
and
the
state
program.
4
Sec.
3.
NEW
SECTION
.
135.196
State
vaccine
injury
5
compensation
program
trust
fund.
6
1.
A
state
vaccine
injury
compensation
program
trust
7
fund
is
created
in
the
office
of
the
treasurer
of
state.
8
The
trust
fund
shall
consist
of
moneys
appropriated
under
9
section
135.197
and
deposited
in
the
trust
fund.
Moneys
in
10
the
trust
fund
shall
be
separate
from
the
general
fund
of
the
11
state
and
shall
not
be
considered
part
of
the
general
fund
12
of
the
state.
Moneys
in
the
trust
fund
are
not
subject
to
13
section
8.33
and
shall
not
be
transferred,
used,
obligated,
14
appropriated,
or
otherwise
encumbered,
except
as
provided
in
15
this
section.
Notwithstanding
section
12C.7,
subsection
2,
16
interest
or
earnings
on
moneys
deposited
in
the
trust
fund
17
shall
be
credited
to
the
trust
fund.
18
2.
Moneys
in
the
trust
fund
are
appropriated
to
the
19
department
and
shall
be
used
only
for
compensation
of
vaccine
20
injuries
as
provided
under
the
state
program.
21
Sec.
4.
NEW
SECTION
.
135.197
Standing
appropriation.
22
There
is
appropriated
annually
from
the
general
fund
of
the
23
state
for
deposit
in
the
state
vaccine
injury
compensation
24
program
trust
fund
created
in
section
135.196
an
amount
25
sufficient
to
cover
the
costs
of
compensation
of
vaccine
26
injuries
as
provided
under
the
state
program.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
requires
the
department
of
health
and
human
31
services
(HHS)
to
establish
a
state
vaccine
adverse
event
32
reporting
system
(state
system)
and
a
state
vaccine
injury
33
compensation
program
(state
program).
The
state
system
and
34
state
program
are
to
replicate
the
federal
vaccine
adverse
35
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event
reporting
system
(federal
system)
and
the
national
1
vaccine
injury
compensation
program
(federal
program),
and
the
2
state
system
and
the
state
program
are
to
be
applicable
to
3
any
vaccine
or
immunization
required
pursuant
to
Code
section
4
139A.8
(immunization
of
children)
for
a
person’s
enrollment
5
in
any
licensed
child
care
center
or
elementary
or
secondary
6
school
in
Iowa.
7
The
bill
requires
the
state
system
and
state
program
to
8
provide
information
to
the
public
regarding
the
process
for
9
reporting
potential
vaccine
injuries
to
both
the
federal
system
10
and
federal
program
and
the
state
system
and
state
program.
11
The
state
system
and
state
program
shall
also
provide
technical
12
assistance
and
training
to
health
care
providers
who
administer
13
vaccines
to
ensure
health
care
providers
respond
to
and
report
14
all
potential
vaccine
injury
cases
brought
to
the
health
care
15
providers’
attention;
and
shall
work
with
health
professional
16
licensing
boards
and
professional
organizations
to
provide
17
continuing
education
and
vaccine
safety
and
efficacy
training
18
for
all
health
care
providers
based
on
information
provided
by
19
the
centers
for
disease
control
and
prevention
of
the
United
20
States
department
of
health
and
human
services,
the
federal
21
food
and
drug
administration,
the
national
vaccine
injury
22
compensation
program,
vaccine
manufacturer
package
inserts,
23
and
current
research.
The
state
system
and
state
program
are
24
also
required
to
annually
provide
a
public
forum
on
vaccine
25
adverse
events
that
includes
participants
who
are
vaccine
26
injury
victims.
HHS
shall
establish
a
vaccine
injury
board
to
27
advise
HHS
in
administering
the
state
system
and
state
program.
28
The
board
shall
be
composed
of
health
care
providers,
and
at
29
least
one-half
of
the
members
of
the
board
shall
be
vaccine
30
injury
victims
or
parents
or
legal
guardians
of
victims
who
are
31
minors.
HHS
shall
provide
an
annual
report
to
the
governor
and
32
the
general
assembly
regarding
the
number
of
vaccine
adverse
33
event
reports
made
and
the
amount
of
compensation
provided
34
through
the
state
system
and
the
state
program.
HHS
shall
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adopt
administrative
rules
to
administer
the
state
system
and
1
the
state
program.
2
The
bill
also
establishes
a
state
vaccine
injury
3
compensation
program
trust
fund
in
the
office
of
the
treasurer
4
of
state.
The
trust
fund
consists
of
moneys
appropriated
5
annually
from
the
general
fund
of
the
state
for
deposit
in
the
6
state
vaccine
injury
compensation
program
trust
fund
in
an
7
amount
sufficient
to
cover
the
costs
of
compensation
of
vaccine
8
injuries
as
provided
under
the
state
program.
The
moneys
in
9
the
trust
fund
are
appropriated
to
HHS
to
be
used
only
for
10
compensation
of
vaccine
injuries
as
provided
under
the
state
11
program.
12
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