Bill Text: IA HF303 | 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) 2023-02-15 - Introduced, referred to State Government. H.J. 312. [HF303 Detail]
Download: Iowa-2023-HF303-Introduced.html
House
File
303
-
Introduced
HOUSE
FILE
303
BY
SHERMAN
(COMPANION
TO
SF
91
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
2023,
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rescinded,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.
15
(5)
Authorize
the
use
of
any
drones,
unmanned
16
aerial
vehicles,
advanced
robotics,
or
any
artificial
17
intelligence-based
systems
to
enforce
the
proclamation.
18
(6)
Restrict
the
practice
of
a
person
holding
a
valid
19
license
to
practice
a
health-related
profession
regulated
20
by
a
board
designated
pursuant
to
section
147.13
or
by
the
21
department
of
health
and
human
services,
or
restrict
the
scope
22
of
service
delivery
of
a
hospital,
clinic,
or
health
care
23
professional
if
the
person
or
entity
is
otherwise
practicing
24
within
the
scope
of
a
valid
license.
25
(7)
Allow
a
board
designated
pursuant
to
section
147.13
to
26
restrict
the
prescribing
authority
of
a
licensed
health-related
27
professional
in
a
way
that
acts
as
a
deterrent
for
a
prescriber
28
to
use
a
medication
or
treatment
in
accordance
with
the
29
prescriber’s
best
professional
judgment.
30
(8)
Require
identification
and
monitoring
of
persons
31
who
may
be
at
risk
of
contracting
a
contagious
or
infectious
32
disease
by
virtue
of
contact
with
a
contagious
person
33
in
a
manner
consistent
with
known
or
suspected
modes
34
of
transmission;
require
a
person
to
comply
with
such
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identification
and
monitoring
efforts
including
efforts
that
1
infringe
on
a
person’s
freedom
of
association;
or
establish,
2
authorize,
or
enforce
penalties
for
a
person’s
refusal
to
3
participate
in
the
identification
and
monitoring
efforts.
4
Sec.
2.
Section
135.144,
subsections
3,
5,
6,
7,
and
8,
Code
5
2023,
are
amended
to
read
as
follows:
6
3.
Take
reasonable
measures
as
necessary
to
prevent
7
the
transmission
of
infectious
disease
and
to
ensure
that
8
all
cases
of
communicable
disease
are
properly
identified,
9
controlled,
and
treated.
However,
such
reasonable
measures
10
shall
not
include
requiring
identification
and
monitoring
of
11
persons
who
may
be
at
risk
of
contracting
a
contagious
or
12
infectious
disease
by
virtue
of
contact
with
a
contagious
13
person
in
a
manner
consistent
with
known
or
suspected
modes
14
of
transmission;
requiring
a
person
to
comply
with
such
15
identification
and
monitoring
efforts
including
efforts
that
16
infringe
on
a
person’s
freedom
of
association;
or
establishing,
17
authorizing,
or
enforcing
penalties
for
a
person’s
refusal
18
to
participate
in
the
identification
and
monitoring
efforts
19
including
efforts
that
infringe
on
a
person’s
freedom
of
20
association.
21
5.
Order
Recommend
physical
examinations
and
tests
and
22
collect
the
collection
of
specimens
as
necessary
for
the
23
diagnosis
or
treatment
of
individuals,
to
be
performed
by
24
any
qualified
person
authorized
to
do
so
by
the
department.
25
An
examination
or
test
shall
not
be
performed
or
ordered
26
recommended
if
the
examination
or
test
is
reasonably
likely
27
to
lead
to
serious
harm
to
the
affected
individual.
The
28
department
may
isolate
or
quarantine
,
pursuant
to
chapter
139A
29
and
the
rules
implementing
chapter
139A
and
this
subchapter
,
30
any
infected
individual
whose
refusal
of
medical
examination
or
31
testing
results
in
uncertainty
regarding
whether
the
individual
32
has
been
exposed
to
or
is
infected
with
a
communicable
or
33
potentially
communicable
disease
or
otherwise
poses
a
danger
34
to
public
health.
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6.
a.
Vaccinate
or
order
Recommend
that
individuals
be
1
vaccinated
with
a
vaccine
approved
by
the
United
States
food
2
and
drug
administration
against
an
infectious
disease
and
to
3
prevent
the
spread
of
communicable
or
potentially
communicable
4
disease.
Vaccinations
shall
be
administered
by
any
qualified
5
person
authorized
to
do
so
by
the
department.
Prior
to
6
administration
of
a
vaccine,
an
adult
or
the
parent
or
legal
7
representative
of
a
minor
receiving
the
vaccine
shall
be
8
provided
with
the
federal
vaccine
information
statement
for
9
the
vaccine
and
verbally
informed
of
the
known
and
potential
10
benefits
and
risks
of
the
vaccine.
The
vaccination
shall
11
not
be
provided
or
ordered
recommended
if
it
is
reasonably
12
likely
to
lead
to
serious
harm
to
the
affected
individual.
To
13
prevent
the
spread
of
communicable
or
potentially
communicable
14
disease,
the
department
may
isolate
or
quarantine
,
pursuant
to
15
chapter
139A
and
the
rules
implementing
chapter
139A
and
this
16
subchapter
,
any
infected
person
who
is
unable
or
unwilling
to
17
undergo
vaccination
pursuant
to
this
subsection
.
18
b.
Notwithstanding
any
provision
to
the
contrary
in
19
paragraph
“a”
,
a
vaccination
shall
not
be
recommended
for
a
20
person
pursuant
to
this
subsection
and
the
department
shall
21
not
isolate
an
infected
person
who
is
unable
or
unwilling
to
22
undergo
vaccination
pursuant
to
this
subsection
if
either
of
23
the
following
applies:
24
(1)
The
person,
or
if
the
person
is
a
minor,
the
person’s
25
parent
or
legal
guardian,
submits
to
the
department
a
statement
26
signed
by
a
physician,
advanced
registered
nurse
practitioner,
27
or
physician
assistant
who
is
licensed
by
the
board
of
28
medicine,
board
of
nursing,
or
board
of
physician
assistants
29
that
the
vaccination
would
be
injurious
to
the
health
and
30
well-being
of
the
person
or
any
member
of
the
person’s
family.
31
(2)
The
person,
or
if
the
person
is
a
minor,
the
person’s
32
parent
or
legal
guardian,
submits
to
the
department
an
33
affidavit
signed
by
the
person,
or
if
the
person
is
a
minor,
34
the
person’s
parent
or
legal
guardian,
stating
that
the
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vaccination
conflicts
with
the
sincerely
held
religious
beliefs
1
of
the
applicant,
or
if
the
applicant
is
a
minor,
of
the
2
applicant’s
parent
or
legal
guardian.
3
7.
Treat
or
order
Recommend
that
individuals
exposed
to
4
or
infected
with
disease
receive
treatment
or
prophylaxis.
5
Treatment
or
prophylaxis
shall
be
administered
by
any
qualified
6
person
authorized
to
do
so
by
the
department.
Treatment
or
7
prophylaxis
shall
not
be
provided
or
ordered
recommended
if
8
the
treatment
or
prophylaxis
is
reasonably
likely
to
lead
9
to
serious
harm
to
the
affected
individual.
To
prevent
the
10
spread
of
communicable
or
potentially
communicable
disease,
the
11
department
may
isolate
or
quarantine
,
pursuant
to
chapter
139A
12
and
the
rules
implementing
chapter
139A
and
this
subchapter
,
13
any
infected
individual
who
is
unable
or
unwilling
to
undergo
14
treatment
or
prophylaxis
pursuant
to
this
section
.
15
8.
Isolate
or
quarantine
infected
individuals
or
groups
of
16
individuals
pursuant
to
chapter
139A
and
the
rules
implementing
17
chapter
139A
and
this
subchapter
.
18
Sec.
3.
Section
135.144,
Code
2023,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
14.
Provide
a
link
on
the
department’s
21
internet
website
for
qualified
individuals
to
submit
22
evidence-based
information
regarding
a
public
health
emergency
23
or
public
health
disaster
and
for
members
of
the
public
to
24
share
their
experiences.
The
department
shall
adopt
rules
25
pursuant
to
chapter
17A
to
administer
this
subsection,
26
including
the
criteria
a
qualified
individual
must
meet
to
27
participate.
28
Sec.
4.
Section
139A.8,
subsection
4,
paragraph
a,
29
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
30
(2)
The
applicant,
or
if
the
applicant
is
a
minor,
the
31
applicant’s
parent
or
legal
guardian,
submits
an
affidavit
32
signed
by
the
applicant,
or
if
the
applicant
is
a
minor,
33
the
applicant’s
parent
or
legal
guardian,
stating
that
the
34
immunization
conflicts
with
the
tenets
and
practices
of
a
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recognized
sincerely
held
religious
denomination
beliefs
1
of
which
the
applicant
is
an
adherent
or
member
,
or
if
the
2
applicant
is
a
minor,
of
the
applicant’s
parent
or
legal
3
guardian
.
4
Sec.
5.
Section
139A.8,
subsection
4,
paragraph
b,
Code
5
2023,
is
amended
to
read
as
follows:
6
b.
The
exemptions
under
this
subsection
do
not
apply
in
7
times
of
emergency
or
epidemic
as
determined
by
the
state
board
8
of
counsel
on
health
and
human
services
and
as
declared
by
the
9
director
of
public
health
and
human
services
.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
duties
and
powers
relative
to
emergency
14
situations
including
a
state
of
disaster
emergency
and
public
15
health
disasters.
16
The
bill
amends
provisions
relating
to
the
proclamation
of
17
a
state
of
disaster
emergency
by
the
governor.
Current
law
18
provides
that
a
state
of
disaster
emergency
shall
continue
for
19
30
days
unless
sooner
terminated
or
extended
by
the
governor
20
and
that
the
general
assembly,
by
concurrent
resolution
when
21
in
session
or
through
the
legislative
council
by
majority
vote
22
if
not
in
session,
may
rescind
the
proclamation.
Under
the
23
bill,
a
state
of
disaster
emergency
shall
continue
for
60
days
24
unless
sooner
rescinded,
extended,
or
amended
by
the
general
25
assembly,
not
the
governor,
and
that
any
initial
extension
of
26
the
proclamation
by
the
general
assembly
shall
not
exceed
60
27
days,
and
any
subsequent
extension
shall
not
exceed
60-day
28
increments.
Any
rescission,
extension,
or
amendment
by
the
29
general
assembly
shall
be
effective
upon
the
filing
of
the
30
concurrent
resolution
or
resolution
of
the
legislative
council
31
with
the
secretary
of
state.
The
bill
also
provides
that
32
if
the
general
assembly
is
not
in
session,
the
legislative
33
council
may,
by
majority
vote,
rescind,
extend,
or
amend
this
34
proclamation
only
once
and
any
extension
shall
not
exceed
60
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303
days.
Following
any
rescission,
extension,
or
amendment
of
the
1
proclamation
by
the
legislative
council,
any
additional
action
2
may
only
be
taken
by
the
general
assembly.
3
The
bill
also
provides
that
a
measure
dictated
in
a
state
4
of
disaster
emergency
proclamation
shall
not
do
any
of
the
5
following:
infringe
on
a
fundamental
constitutionally
6
protected
right
unless
the
measure
is
justified
by
a
compelling
7
state
interest,
is
narrowly
tailored
to
achieve
its
specific
8
purpose,
and
is
achieved
by
the
least
restrictive
means
9
possible;
restrict
rights,
interests,
or
activities
in
a
manner
10
that
is
not
neutral
or
generally
applicable;
prohibit
in-person
11
interactions
between
religious
leaders
or
individuals
who
are
12
related
by
consanguinity
or
affinity
with
patients
or
residents
13
of
hospitals
or
health
care
facilities;
authorize
the
use
of
14
mobile,
cellular,
or
any
other
digital
technologies
to
track
or
15
surveil
persons
without
providing
prior
notice
to
and
receiving
16
consent
from
such
persons;
authorize
the
use
of
any
drones,
17
unmanned
aerial
vehicles,
advanced
robotics,
or
any
artificial
18
intelligence-based
systems
to
enforce
the
proclamation;
19
restrict
the
practice
of
a
person
holding
a
valid
license
to
20
practice
a
health-related
profession,
or
restrict
the
scope
21
of
service
delivery
of
a
hospital,
clinic,
or
health
care
22
professional
if
the
person
or
entity
is
otherwise
practicing
23
within
the
scope
of
a
valid
license;
allow
a
health-related
24
professional
board
to
restrict
the
prescribing
authority
of
a
25
licensed
health-related
professional
in
a
way
that
acts
as
a
26
deterrent
for
a
prescriber
to
use
a
medication
or
treatment
in
27
accordance
with
the
prescriber’s
best
professional
judgment;
28
or
require
identification
and
monitoring
of
persons
who
may
29
be
at
risk
of
contracting
a
contagious
or
infectious
disease
30
by
virtue
of
contact
with
a
contagious
person
in
a
manner
31
consistent
with
known
or
suspected
modes
of
transmission,
32
require
a
person
to
comply
with
such
identification
and
33
monitoring
efforts
including
efforts
that
infringe
on
a
34
person’s
freedom
of
association,
or
establish,
authorize,
or
35
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enforce
penalties
for
a
person’s
refusal
to
participate
in
the
1
identification
and
monitoring
efforts.
2
The
bill
amends
the
duties
of
the
department
of
health
3
and
human
services
(HHS
or
the
department)
relative
to
a
4
public
health
disaster.
The
bill
provides
that
the
reasonable
5
measures
taken
by
HHS
to
prevent
the
transmission
of
infectious
6
disease
and
to
ensure
that
all
cases
of
communicable
disease
7
are
properly
identified,
controlled,
and
treated
shall
8
not
include
requiring
identification
and
monitoring
of
9
persons
who
may
be
at
risk
of
contracting
a
contagious
or
10
infectious
disease
by
virtue
of
contact
with
a
contagious
11
person
in
a
manner
consistent
with
known
or
suspected
modes
12
of
transmission;
requiring
a
person
to
comply
with
such
13
identification
and
monitoring
efforts
including
efforts
that
14
infringe
on
a
person’s
freedom
of
association;
or
establishing,
15
authorizing,
or
enforcing
penalties
for
a
person’s
refusal
16
to
participate
in
the
identification
and
monitoring
efforts
17
including
efforts
that
infringe
on
a
person’s
freedom
of
18
association.
The
department
may
recommend,
but
not
order,
19
physical
examinations,
testing,
and
the
collection
of
specimens
20
necessary
for
the
diagnosis
and
treatment
of
individuals
and
21
may
isolate
only
infected
individuals
who
refuse
medical
22
examination
or
testing
and
who
pose
a
danger
to
the
public
23
health.
The
department
may
recommend
that
individuals
be
24
vaccinated
with
a
vaccine
approved
by
the
United
State
food
25
and
drug
administration,
but
not
vaccinate
or
order
that
26
individuals
be
vaccinated
against
an
infectious
disease
or
to
27
prevent
the
spread
of
communicable
or
potentially
communicable
28
disease.
Prior
to
administration
of
a
vaccine,
an
adult
or
29
the
parent
or
legal
representative
of
a
minor
receiving
the
30
vaccine
shall
be
provided
with
the
federal
vaccine
information
31
statement
for
the
vaccine
and
verbally
informed
of
the
known
32
and
potential
benefits
and
risks
of
the
vaccine.
Vaccination
33
shall
not
be
recommended
if
it
is
reasonably
likely
to
lead
to
34
serious
harm
to
the
affected
individual.
The
department
may
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isolate
only
infected
individuals
who
are
unable
or
unwilling
1
to
undergo
vaccination.
However,
the
bill
provides
that
2
a
vaccination
shall
not
be
recommended
for
a
person
under
3
this
provision
of
the
bill
and
that
HHS
shall
not
isolate
4
an
infected
person
who
is
unable
or
unwilling
to
undergo
5
vaccination
pursuant
to
the
bill
if
either
of
the
following
6
applies:
the
person,
or
if
the
person
is
a
minor,
the
person’s
7
parent
or
legal
guardian,
submits
to
HHS
a
statement
signed
8
by
a
physician,
advanced
registered
nurse
practitioner,
or
9
physician
assistant
who
is
licensed
by
the
board
of
medicine,
10
board
of
nursing,
or
board
of
physician
assistants
that
the
11
vaccination
would
be
injurious
to
the
health
and
well-being
12
of
the
person
or
any
member
of
the
person’s
family;
or
the
13
person,
or
if
the
person
is
a
minor,
the
person’s
parent
or
14
legal
guardian,
submits
to
HHS
an
affidavit
signed
by
the
15
person,
or
if
the
person
is
a
minor,
the
person’s
parent
or
16
legal
guardian,
stating
that
the
vaccination
conflicts
with
17
the
sincerely
held
religious
beliefs
of
the
applicant,
or
if
18
the
applicant
is
a
minor,
of
the
applicant’s
parent
or
legal
19
guardian.
20
The
department
may
recommend,
but
not
treat
or
order,
21
that
individuals
infected
with
disease
receive
treatment
or
22
prophylaxis.
Treatment
or
prophylaxis
shall
not
be
recommended
23
if
the
treatment
or
prophylaxis
is
reasonably
likely
to
lead
24
to
serious
harm
to
the
affected
individual.
The
department
25
may
isolate
only
individuals
infected
with
disease
who
are
26
unable
or
unwilling
to
undergo
treatment
or
prophylaxis
and
may
27
isolate
only
infected
individuals
or
groups
of
individuals.
28
The
bill
requires
the
department
to
provide
a
link
on
the
29
department’s
internet
website
for
qualified
individuals
to
30
submit
evidence-based
information
regarding
a
public
health
31
emergency
or
public
health
disaster
and
for
members
of
the
32
public
to
share
their
experiences.
The
department
shall
adopt
33
rules
pursuant
to
Code
chapter
17A
to
administer
the
bill,
34
including
the
criteria
a
qualified
individual
must
meet
to
35
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participate.
1
The
bill
amends
provisions
relating
to
the
immunization
of
2
children
to
provide
that
if
a
child
is
exempt
from
vaccination,
3
the
exemption
applies
during
times
of
emergency
or
epidemic
and
4
provides
that
the
religious
exemption
is
based
on
the
sincerely
5
held
religious
beliefs
of
the
applicant,
or
if
the
applicant
is
6
a
minor,
of
the
applicant’s
parent
or
legal
guardian,
rather
7
than
based
on
a
conflict
with
the
tenets
and
practices
of
a
8
recognized
religious
denomination
of
which
the
applicant
is
an
9
adherent
or
member.
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