Bill Text: IA HF2449 | 2019-2020 | 88th General Assembly | Introduced

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Bill Title: A bill for an act relating to information to be provided, recorded, and reported by health care providers relative to certain vaccinations, and providing penalties.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-02-19 - Introduced, referred to Human Resources. H.J. 304. [HF2449 Detail]

Download: Iowa-2019-HF2449-Introduced.html

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House File 2449 - Introduced
HOUSE FILE 2449
BY KAUFMANN and SHIPLEY
A BILL FOR
An Act relating to information to be provided, recorded,
and reported by health care providers relative to certain
vaccinations, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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H.F. 2449
Section 1. NEW SECTION . 135.39E Vaccinations —— health care
provider requirements —— penalties.
1. For the purposes of this section:
a. “Adverse event” means any unfavorable or unintended
medical occurrence, including any sign, laboratory finding,
symptom, or disease that a child experiences within eight weeks
following the administration of a vaccine.
b. “Health care provider” means any licensed health care
professional, organization, or institution, whether public
or private, including federal, state, and local departments,
agencies, and instrumentalities, under whose authority a
vaccine set forth in the vaccine injury table is administered.
c. “Health profession board” means a profession board
designated pursuant to section 147.13.
d. “Vaccine injury table” means the vaccine injury table
created and revised pursuant to 42 U.S.C. §300aa-14.
2. The department shall collaborate with each health
profession board to ensure that a health care provider under
the purview of the department or a health profession board
is aware of and complies with the requirements of 42 U.S.C.
§300aa-25 and 42 U.S.C. §300aa-26, and state law including all
of the following:
a. That the health care provider provides an adult patient,
or the parent or legal representative of a minor patient, with
a copy of the relevant federal vaccine information statement
for the vaccine the patient is to receive and verbally informs
the adult patient, or the parent or legal representative of a
minor patient, of the existence of the vaccine adverse events
reporting system and the vaccine injury compensation program
referenced in the statement, prior to the patient receiving the
vaccine.
b. That the health care provider records certain required
information about the vaccine administered in the patient’s
medical record or a permanent office log or file.
c. That the health care provider documents any adverse
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H.F. 2449
event that the patient experiences within eight weeks following
administration of the vaccine and that becomes known to the
health care provider, submits the report to the federal vaccine
adverse events reporting system, and provides the adult patient
or the parent or legal representative of a minor patient with a
copy of the report.
d. That the health care provider provides information to
the adult patient or to the parent or legal representative of
a minor patient regarding the process to report a health care
provider who fails to comply with the requirements of this
section for licensee discipline.
3. The health profession board for a health care provider
may deny an applicant a license or suspend, revoke, or refuse
to renew a license, and may take other disciplinary action
against a licensee based on the applicant or licensee having
three or more verified failures to comply in one calendar year
with the applicable health care provider requirements pursuant
to 42 U.S.C. §300aa-25 and 42 U.S.C. §300aa-26.
4. In addition to licensee disciplinary action pursuant to
subsection 3, a health care provider who violates a provision
of 42 U.S.C. §300aa-25 or 42 U.S.C. §300aa-26, shall be subject
to a civil penalty in the amount of one thousand dollars,
at a minimum, per violation, as established by rule of the
department or the respective health profession board, as
applicable.
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 the requirements established under
state and federal law for health care providers administering
certain vaccines. The bill provides definitions used in the
bill including “adverse event”, “health care provider” which is
the definition used under federal law (42 U.S.C. §300aa-33(1)),
“health profession board”, and “vaccine injury table”.
The bill requires the department of public health (DPH) to
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H.F. 2449
collaborate with each health profession board to ensure that a
health care provider under the purview of the department or a
health profession board is aware of and complies with the state
and federal requirements applicable to health care providers
who administer vaccines on the federal vaccine injury table
under the federal National Childhood Vaccine Injury Act of 1986
(42 U.S.C. §§300aa-1 to 300aa-34), including provision of the
relevant federal vaccine information statement for the vaccine
the patient is to receive and verbal information regarding
the vaccine adverse events reporting system and the vaccine
injury compensation program, prior to the patient receiving the
vaccine; the recording of certain required information about
the vaccine administered in the patient’s medical record or a
permanent office log or file; the documenting and reporting of
any adverse event following the vaccination that the patient
experiences within eight weeks of administration of the vaccine
and that becomes known to the health care provider to the
federal vaccine adverse events reporting system; the provision
of a copy of the adverse event report to the adult patient or
parent or legal representative of a minor patient; and the
provision of information by a health care provider to an adult
patient or to the parent or legal representative of a minor
patient regarding the process to report a health care provider
who fails to comply with the requirements of the bill for
licensee discipline.
The bill provides for disciplinary action by DPH or the
respective health profession board and a minimum civil
penalty of $1,000 for each violation of the federal health
care provider requirements relative to the administration of
vaccines specified under the bill.
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