Bill Text: IA HF632 | 2021-2022 | 89th General Assembly | Introduced
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.(See HF 769.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-05 - Committee report approving bill, renumbered as HF 769. [HF632 Detail]
Download: Iowa-2021-HF632-Introduced.html
House
File
632
-
Introduced
HOUSE
FILE
632
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
information
to
be
provided,
recorded,
1
and
reported
by
health
care
providers
relative
to
certain
2
vaccinations,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
135.39E
Vaccinations
——
health
care
1
provider
requirements
——
penalties.
2
1.
For
the
purposes
of
this
section:
3
a.
“Health
care
provider”
means
any
licensed
health
care
4
professional,
organization,
or
institution,
whether
public
5
or
private,
including
federal,
state,
and
local
departments,
6
agencies,
and
instrumentalities,
under
whose
authority
a
7
licensed
or
emergency
use
vaccine
is
administered.
8
b.
“Health
profession
board”
means
a
profession
board
9
designated
pursuant
to
section
147.13.
10
c.
“Vaccine
injury
table”
means
the
vaccine
injury
table
11
created
and
revised
pursuant
to
42
U.S.C.
§300aa-14.
12
2.
The
department
shall
collaborate
with
each
health
13
profession
board
to
ensure
that
a
health
care
provider
under
14
the
purview
of
the
department
or
a
health
profession
board
15
is
aware
of
and
complies
with
the
requirements
of
42
U.S.C.
16
§300aa-25
and
42
U.S.C.
§300aa-26,
including
all
of
the
17
following:
18
a.
That,
prior
to
the
patient
receiving
the
vaccine,
the
19
health
care
provider
provides
an
adult
patient,
or
the
parent
20
or
legal
representative
of
a
minor
patient,
with
a
copy
of
21
the
relevant
federal
vaccine
information
statement
for
the
22
vaccine
the
patient
is
to
receive
and
verbally
informs
the
23
adult
patient,
or
the
parent
or
legal
representative
of
a
24
minor
patient,
of
the
existence
of
the
federal
food
and
drug
25
administration
vaccine
adverse
event
reporting
system
and
the
26
national
vaccine
injury
compensation
program
referenced
in
the
27
statement,
if
the
vaccine
is
included
in
the
vaccine
injury
28
table.
29
b.
That
the
health
care
provider
records
certain
required
30
information
about
the
vaccine
administered
in
the
patient’s
31
medical
record
or
a
permanent
office
log
or
file.
32
c.
That
the
health
care
provider
documents
any
adverse
33
event
following
the
vaccination
that
the
patient
experiences
34
within
eight
weeks
post-administration
and
that
becomes
known
35
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to
the
health
care
provider,
submits
the
report
to
the
federal
1
food
and
drug
administration
vaccine
adverse
event
reporting
2
system,
and
provides
the
adult
patient,
or
the
parent
or
legal
3
representative
of
a
minor
patient,
with
a
copy
of
the
report.
4
3.
The
health
profession
board
for
a
health
care
provider
5
may
deny
an
applicant
a
license
or
suspend,
revoke,
or
refuse
6
to
renew
a
license,
and
may
take
other
disciplinary
action
7
against
a
licensee
based
on
the
applicant
or
licensee
having
8
three
or
more
verified
failures
to
comply
with
the
applicable
9
health
care
provider
requirements
pursuant
to
42
U.S.C.
10
§300aa-25
and
42
U.S.C.
§300aa-26.
11
4.
A
health
care
provider
who
violates
a
provision
of
12
42
U.S.C.
§300aa-25
or
42
U.S.C.
§300aa-26,
in
addition
to
13
licensee
disciplinary
action
pursuant
to
subsection
3,
shall
14
be
subject
to
a
fine,
per
violation,
of
a
minimum
amount
of
one
15
thousand
dollars,
established
by
rule
of
the
department
or
the
16
respective
health
profession
board,
as
applicable.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
the
requirements
established
under
21
federal
law
for
health
care
providers
administering
certain
22
vaccines.
The
bill
provides
definitions
used
in
the
bill
23
including
“health
care
provider”
which
is
the
definition
used
24
under
federal
law
(42
U.S.C.
§300aa-33(1));
“health
profession
25
board”;
and
“vaccine
injury
table”.
26
The
bill
requires
the
department
of
public
health
(DPH)
to
27
collaborate
with
each
health
profession
board
to
ensure
that
28
a
health
care
provider
under
the
purview
of
the
department
or
29
a
health
profession
board
is
aware
of
and
complies
with
the
30
requirements
applicable
to
health
care
providers
who
administer
31
vaccines,
including
providing
the
relevant
federal
vaccine
32
information
statement
for
the
vaccine
the
patient
is
to
receive
33
and
verbal
information
regarding
the
federal
food
and
drug
34
administration
vaccine
adverse
event
reporting
system
(FAERS)
35
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and
the
national
vaccine
injury
compensation
program,
for
1
those
vaccines
included
in
the
vaccine
injury
table,
prior
to
2
the
patient
receiving
the
vaccine;
recording
certain
required
3
information
about
the
vaccine
administered
in
the
patient’s
4
medical
record
or
a
permanent
office
log
or
file;
documenting
5
and
reporting
any
adverse
event
following
the
vaccination
that
6
the
patient
experiences
within
eight
weeks
post-administration
7
and
that
becomes
known
to
the
health
care
provider
to
the
8
FAERS;
and
providing
to
an
adult
patient,
or
the
parent
or
9
legal
representative
of
a
minor
patient,
a
copy
of
the
report.
10
The
bill
provides
for
disciplinary
action
by
DPH
or
the
11
respective
health
profession
board
and
for
fines
in
a
minimum
12
amount
of
$1,000,
established
by
DPH
or
the
respective
board,
13
for
noncompliance
with
the
federal
requirements.
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