Bill Text: IA SF193 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to requirements and prohibitions relating to vaccines and immunizations, and providing civil remedies.(See SF 555.)
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2021-03-04 - Committee report approving bill, renumbered as SF 555. S.J. 524. [SF193 Detail]
Download: Iowa-2021-SF193-Introduced.html
Senate
File
193
-
Introduced
SENATE
FILE
193
BY
GUTH
,
JOHNSON
,
SCHULTZ
,
WHITING
,
and
CARLIN
A
BILL
FOR
An
Act
relating
to
requirements
and
prohibitions
relating
to
1
vaccines
and
immunizations,
and
providing
civil
remedies.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
PROHIBITION
OF
VACCINE
MANDATES
BY
EMPLOYERS
2
Section
1.
NEW
SECTION
.
94.1
Definitions.
3
As
used
in
this
chapter,
unless
the
context
otherwise
4
requires:
5
1.
“Applicant”
means
a
natural
person
who
applies
to
be
an
6
employee.
7
2.
“Employee”
means
a
natural
person
who
is
employed
in
this
8
state
for
wages
by
an
employer.
9
3.
“Employer”
means
a
person,
as
defined
in
chapter
4,
who
10
in
this
state
employs
for
wages,
natural
persons.
11
Sec.
2.
NEW
SECTION
.
94.2
Vaccination
requirements
or
12
history
——
prohibited
acts
by
employer.
13
An
employer
shall
not
fail
or
refuse
to
hire,
discharge,
14
penalize,
or
otherwise
discriminate
against
an
employee
with
15
respect
to
compensation
or
the
terms,
conditions,
or
privileges
16
of
employment
based
on
either
of
the
following:
17
1.
The
employee’s
vaccination
history.
18
2.
The
refusal
of
the
employee
to
receive
a
vaccine
or
19
provide
proof
of
immunity.
20
Sec.
3.
NEW
SECTION
.
94.3
Civil
remedies.
21
An
employee
whose
rights
are
violated
under
this
chapter
may
22
bring
an
action
against
an
employer
in
the
district
court
in
23
the
county
where
the
employer
is
located
for
injunctive
relief,
24
actual
damages,
admission
or
reinstatement
of
the
employee
with
25
back
pay
plus
ten
percent
interest,
or
any
other
appropriate
26
relief
necessary
to
ensure
compliance
with
this
chapter.
27
DIVISION
II
28
PROHIBITION
AGAINST
VACCINE
MANDATES
RELATIVE
TO
FACILITIES,
29
PROVIDERS,
AND
INSURERS
30
Sec.
4.
NEW
SECTION
.
135Q.1
Definitions.
31
As
used
in
this
chapter,
unless
the
content
otherwise
32
requires:
33
1.
“Assisted
living
program”
means
the
same
as
defined
in
34
section
231C.2.
35
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2.
“Communicable
disease”
means
the
same
as
defined
in
1
section
139A.2.
2
3.
“Health
care
facility”
means
the
same
as
defined
in
3
section
135C.1.
4
4.
“Health
care
provider”
means
a
person
licensed
or
5
certified
by
and
subject
to
the
authority
of
a
board
as
defined
6
in
section
147.2
who
provides
professional
health
care
services
7
to
a
patient
during
that
patient’s
medical
care,
treatment,
or
8
confinement.
9
5.
“Hospital”
means
the
same
as
defined
in
section
135B.1.
10
6.
“Insurer”
means
an
entity
providing
a
plan
of
health
11
insurance,
health
care
benefits,
or
health
care
services,
or
12
an
entity
subject
to
the
jurisdiction
of
the
commissioner
13
of
insurance
performing
utilization
review,
including
an
14
insurance
company
offering
sickness
and
accident
plans,
a
15
health
maintenance
organization,
a
nonprofit
health
service
16
corporation,
a
plan
established
pursuant
to
chapter
509A
17
for
public
employees,
or
any
other
entity
providing
a
plan
18
of
health
insurance,
health
care
benefits,
or
health
care
19
services.
20
7.
“Patient”
means
a
person
who
has
received
or
is
receiving
21
professional
health
care
services
from
a
health
care
facility,
22
health
care
provider,
or
hospital.
23
8.
“Resident”
means
a
resident
of
a
health
care
facility.
24
9.
“Tenant”
means
a
tenant
of
an
assisted
living
program.
25
Sec.
5.
NEW
SECTION
.
135Q.2
Immunizations
——
prohibited
26
discrimination
——
civil
remedies.
27
1.
A
hospital
or
health
care
facility
shall
not
do
any
of
28
the
following:
29
a.
Require
a
health
care
provider,
staff
member,
employee,
30
or
applicant
for
one
of
these
positions
to
be
immunized.
31
b.
Discriminate
against
or
terminate
the
employment
of
a
32
health
care
provider,
staff
member,
employee,
or
applicant
for
33
one
of
these
positions
based
on
the
person’s
refusal
to
receive
34
an
immunization.
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2.
A
hospital,
health
care
facility,
or
a
health
care
1
provider,
staff
member,
or
employee
of
a
hospital
or
health
2
care
facility
shall
not
discriminate
against
or
terminate
3
treatment
of
a
patient
based
upon
the
patient’s
refusal
to
4
receive
an
immunization.
5
3.
A
health
care
facility
or
assisted
living
program
shall
6
not
discriminate
against
or
terminate
treatment
of
a
resident
7
or
tenant
solely
on
the
basis
of
the
resident
or
tenant
not
8
having
received,
or
refusing
to
receive,
an
immunization
for
a
9
specific
communicable
disease.
10
4.
A
hospital,
health
care
facility,
or
educational
11
institution
providing
clinical
experience
to
satisfy
the
12
professional
degree
requirements
of
a
student,
intern,
or
13
resident
shall
not
discriminate
against
the
student,
intern,
or
14
resident,
or
prohibit
admission,
enrollment,
or
employment
as
a
15
student,
intern,
or
resident
based
on
the
immunization
status
16
of
the
student,
intern,
or
resident.
17
5.
A
person
aggrieved
under
this
section
may
petition
the
18
district
court
in
the
county
where
the
hospital,
health
care
19
facility,
assisted
living
program,
or
educational
institution
20
is
located
for
any
of
the
following:
21
a.
Injunctive
relief
against
any
further
violation.
22
b.
Affirmative
relief,
including
reinstatement
of
employment
23
with
back
pay
and
interest,
or
any
other
equitable
relief
the
24
court
deems
appropriate.
25
c.
Other
appropriate
relief
necessary
to
ensure
compliance
26
with
this
section.
27
6.
A
hospital,
health
care
facility,
health
care
provider,
28
educational
institution,
or
assisted
living
program
that
29
violates
this
section
is
not
eligible
to
receive
state
funding
30
for
reimbursement
of
services
provided
to
patients,
residents,
31
or
tenants.
32
Sec.
6.
NEW
SECTION
.
135Q.3
Immunization
——
health
care
33
providers
——
prohibited
discrimination.
34
The
licensing
authority
for
a
health
care
provider
shall
not
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deny
an
applicant
for
a
license
or
suspend,
revoke,
or
refuse
1
to
renew
a
license,
and
shall
not
take
disciplinary
action
2
against
a
licensee
based
on
the
applicant’s
or
licensee’s
3
immunization
history
or
refusal
to
submit
to
an
immunization.
4
Sec.
7.
NEW
SECTION
.
135Q.4
Immunizations
——
prohibited
5
actions
——
insurers
and
insurer
ratings
——
cease
and
desist
6
orders
and
penalties.
7
1.
An
insurer
providing
a
group
policy,
contract,
or
plan
8
for
health
insurance
shall
not
use
the
immunization
status
of
9
a
person
as
a
basis
to
reject;
deny;
limit;
cancel;
refuse
to
10
renew;
increase
the
premiums
for;
limit
the
amount,
extent,
or
11
kind
of
coverage
available
to;
or
otherwise
adversely
affect
12
eligibility
or
coverage
for
the
group
health
policy,
contract,
13
or
plan
for
health
insurance.
14
2.
An
insurer
providing
a
group
policy,
contract,
or
plan
15
for
health
insurance
shall
not
use
the
immunization
status
of
a
16
person
as
a
qualification
or
requirement
for
contracting
with
17
the
person’s
health
care
provider
or
as
a
basis
for
terminating
18
a
contract
with
the
person’s
health
care
provider.
19
3.
An
insurer
providing
a
group
policy,
contract,
or
20
plan
for
health
insurance
shall
not
do
any
of
the
following
21
regarding
the
administration
of
immunizations
to
covered
22
persons:
23
a.
Provide
financial
or
other
incentives
to
a
participating
24
health
care
provider
based
upon
attaining
a
certain
25
immunization
administration
rate.
26
b.
Impose
a
financial
or
other
penalty
on
a
participating
27
health
care
provider
who
does
not
attain
a
certain
immunization
28
administration
rate.
29
4.
The
immunization
status
of
a
person
covered
by
a
group
30
policy,
contract,
or
plan
for
health
insurance
shall
not
be
31
used
as
a
factor
in
the
rating
of
a
group
policy,
contract,
or
32
plan
for
health
insurance
in
this
state.
33
5.
An
insurer
issuing
a
group
policy,
contract,
or
plan
for
34
health
insurance
who
violates
this
section
is
subject
to
the
35
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summary
cease
and
desist
order,
cease
and
desist
order,
and
1
penalty
provisions
pursuant
to
chapter
507B.
2
DIVISION
III
3
CHILDREN
AND
STUDENTS
——
VACCINE
MANDATES
4
Sec.
8.
Section
139A.8,
subsection
4,
Code
2021,
is
amended
5
to
read
as
follows:
6
4.
a.
Immunization
is
not
required
for
a
person’s
7
enrollment
in
any
elementary
or
secondary
school
or
licensed
8
child
care
center
if
either
any
of
the
following
applies:
9
(1)
The
applicant,
or
if
the
applicant
is
a
minor,
the
10
applicant’s
parent
or
legal
guardian,
submits
to
the
admitting
11
official
a
statement
signed
by
a
physician,
advanced
registered
12
nurse
practitioner,
or
physician
assistant
who
is
licensed
by
13
the
board
of
medicine,
board
of
nursing,
or
board
of
physician
14
assistants
that
the
immunizations
required
would
be
injurious
15
to
the
health
and
well-being
of
the
applicant
or
any
member
of
16
the
applicant’s
family.
17
(2)
The
applicant,
or
if
the
applicant
is
a
minor,
the
18
applicant’s
parent
or
legal
guardian,
submits
an
affidavit
19
signed
by
the
applicant,
or
if
the
applicant
is
a
minor,
20
the
applicant’s
parent
or
legal
guardian,
stating
that
the
21
immunization
conflicts
with
the
tenets
and
practices
of
a
22
recognized
religious
denomination
of
which
the
applicant
is
23
an
adherent
or
member
sincerely
held
religious
beliefs
of
the
24
applicant,
or
if
the
applicant
is
a
minor,
of
the
applicant’s
25
parent
or
legal
guardian
.
26
(3)
The
applicant,
or
if
the
applicant
is
a
minor,
the
27
applicant’s
parent
or
legal
guardian,
submits
an
affidavit
28
signed
by
the
applicant,
or
if
the
applicant
is
a
minor,
signed
29
by
the
applicant’s
parent
or
legal
guardian,
stating
that
the
30
immunization
conflicts
with
the
conscientiously
held
beliefs
31
of
the
applicant,
or
if
the
applicant
is
a
minor,
of
the
32
applicant’s
parent
or
legal
guardian.
33
b.
The
exemptions
under
this
subsection
do
not
also
apply
in
34
times
of
emergency
or
epidemic
as
determined
by
the
state
board
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of
health
and
as
declared
by
the
director
of
public
health.
1
DIVISION
IV
2
PROHIBITING
DISCRIMINATION
AND
RIGHT-OF-ACCESS
RESTRICTIONS
3
BASED
ON
VACCINE
STATUS
OR
PROOF
OF
IMMUNITY
4
Sec.
9.
Section
216.2,
subsection
15,
Code
2021,
is
amended
5
to
read
as
follows:
6
15.
“Unfair
practice”
or
“discriminatory
practice”
means
7
those
practices
specified
as
unfair
or
discriminatory
in
8
sections
216.6
,
216.6A
,
216.7
,
216.7A,
216.8
,
216.8A
,
216.8B
,
9
216.9
,
216.10
,
216.11
,
and
216.11A
.
10
Sec.
10.
NEW
SECTION
.
216.7A
Unfair
practices
——
public
11
accommodations
——
vaccination
status.
12
It
shall
be
an
unfair
or
discriminatory
practice
for
13
any
owner,
lessee,
sublessee,
proprietor,
manager,
or
14
superintendent
of
any
public
accommodation
or
any
agent
or
15
employee
thereof
to
do
any
of
the
following
on
the
basis
of
a
16
person’s
vaccination
or
immunity
status:
17
1.
Provide
any
disposition,
service,
financial
aid,
or
18
benefit
to
the
person
which
is
different,
or
is
provided
in
a
19
different
manner,
from
that
provided
to
other
members
of
the
20
general
public.
21
2.
Subject
the
person
to
segregation
or
separate
treatment
22
in
any
matter
related
to
that
person’s
receipt
of
any
23
disposition,
service,
financial
aid,
or
benefit
provided
to
24
other
members
of
the
general
public.
25
3.
Restrict
the
person
in
any
way
in
the
enjoyment
of
any
26
advantage
or
privilege
enjoyed
by
other
persons
receiving
any
27
disposition,
service,
financial
aid,
or
benefit
provided
to
28
other
members
of
the
general
public.
29
4.
Treat
the
person
differently
from
other
persons
in
30
determining
whether
that
person
satisfies
any
admission,
31
enrollment,
quota,
eligibility,
membership,
or
other
32
requirement
or
condition
which
a
person
must
meet
in
order
to
33
be
provided
any
disposition,
service,
financial
aid,
function,
34
or
benefit
available
to
other
members
of
the
general
public.
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5.
Deny
the
person
an
opportunity
to
participate
in
a
1
program
through
the
provision
of
service
or
otherwise
afford
2
that
person
an
opportunity
to
do
so
which
is
different
from
3
that
afforded
to
other
members
of
the
general
public.
4
DIVISION
V
5
PROHIBITING
THE
CONNECTION
OF
VACCINATION
OR
IMMUNITY
STATUS
TO
6
A
STATE-ISSUED
DRIVER’S
LICENSE
7
Sec.
11.
Section
321.189,
subsection
2,
Code
2021,
is
8
amended
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
e.
A
driver’s
license
shall
not
include
the
10
vaccination
or
immunization
status,
immunity
status,
or
test
11
results
relating
to
a
communicable
disease
of
the
holder
of
any
12
class
of
driver’s
license.
13
Sec.
12.
Section
321.190,
subsection
1,
paragraph
a,
Code
14
2021,
is
amended
to
read
as
follows:
15
a.
The
department
shall,
upon
application
and
payment
16
of
the
required
fee,
issue
to
an
applicant
a
nonoperator’s
17
identification
card.
To
be
valid
the
card
shall
bear
a
18
distinguishing
number
other
than
a
social
security
number
19
assigned
to
the
cardholder,
the
full
name,
date
of
birth,
20
sex,
residence
address,
a
physical
description
and
a
color
21
photograph
of
the
cardholder,
the
usual
signature
of
the
22
cardholder,
and
such
other
information
as
the
department
23
may
require
by
rule.
An
applicant
for
a
nonoperator’s
24
identification
card
shall
apply
for
the
card
in
the
manner
25
provided
in
section
321.182,
subsections
1
through
3
.
The
card
26
shall
be
issued
to
the
applicant
at
the
time
of
application
27
pursuant
to
procedures
established
by
rule.
An
applicant
for
a
28
nonoperator’s
identification
card
who
is
required
by
50
U.S.C.
29
app.
§451
et
seq.
to
register
with
the
United
States
selective
30
service
system
shall
be
registered
by
the
department
with
the
31
selective
service
system
as
provided
in
section
321.183
.
An
32
applicant
for
a
nonoperator’s
identification
card
shall
not
33
be
required
to
receive
the
SARS-CoV-2
vaccine
in
order
to
be
34
issued
a
card
and
the
card
shall
not
include
the
vaccination
or
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immunization
status,
immunity
status,
or
test
results
relating
1
to
a
communicable
disease
of
the
holder
of
the
card.
2
DIVISION
VI
3
STATEWIDE
IMMUNIZATION
REGISTRY
AND
IOWA
HEALTH
INFORMATION
4
NETWORK
——
INFORMED
CONSENT
5
Sec.
13.
NEW
SECTION
.
139A.8B
Statewide
immunization
6
registry
and
Iowa
health
information
network
——
informed
consent.
7
The
department
shall
require
that
a
health
care
provider
8
who
administers
vaccines
and
immunizations
and
is
required
to
9
consult
and
review
or
report
the
administration
of
vaccines
10
or
immunizations
to
the
statewide
immunization
registry
or
11
Iowa
health
information
network
obtain
written,
informed
12
consent
from
a
patient,
or
if
the
patient
is
a
minor,
the
13
patient’s
parent
or
legal
guardian,
prior
to
reporting
the
14
administration
of
the
vaccine
or
immunization
to
the
statewide
15
immunization
registry
or
Iowa
health
information
network.
16
The
written,
informed
consent
shall
also
provide
the
patient
17
with
the
option
of
consenting
to
the
sharing
of
the
patient’s
18
information
with
any
entity
with
access
to
the
information
19
contained
in
the
statewide
immunization
registry
or
Iowa
20
health
information
network.
The
health
care
provider
shall
21
submit
a
copy
of
the
completed
written,
informed
consent
22
form
to
the
statewide
immunization
registry
or
Iowa
health
23
information
network.
A
patient,
or
if
the
patient
is
a
minor,
24
the
patient’s
parent
or
legal
guardian,
may
withdraw
or
amend
25
the
written,
informed
consent
at
any
time.
If
informed
consent
26
is
subsequently
withdrawn,
the
patient’s
information
shall
be
27
deleted
from
the
statewide
immunization
registry
or
Iowa
health
28
information
network
database.
Only
the
information
regarding
29
the
administration
of
vaccines
or
immunizations
of
a
patient
30
from
whom
written,
informed
consent
has
been
obtained
shall
be
31
reported
to
and
included
in
the
statewide
immunization
registry
32
or
Iowa
health
information
network.
No
information,
report,
or
33
record
relating
to
a
person
from
whom
written,
informed
consent
34
has
not
been
obtained
shall
be
maintained
by
the
department
or
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included
in
the
statewide
immunization
registry
or
Iowa
health
1
information
network.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
vaccinations
and
immunizations.
The
6
bill
is
drafted
in
divisions.
7
DIVISION
I.
Division
I
of
the
bill
relates
to
prohibitions
8
against
vaccine
mandates
by
employers.
Division
I
prohibits
an
9
employer
from
failing
or
refusing
to
hire,
discharge,
penalize,
10
or
otherwise
discriminate
against
an
employee
with
respect
11
to
compensation
or
the
terms,
conditions,
or
privileges
of
12
employment
based
on
the
employee’s
vaccination
history
or
the
13
refusal
of
the
employee
to
receive
a
vaccine
or
provide
proof
14
of
immunity.
An
employee
whose
rights
are
violated
under
the
15
division
of
the
bill
may
bring
an
action
against
an
employer
16
in
the
district
court
in
the
county
where
the
employer
is
17
located
for
injunctive
relief,
actual
damages,
admission
or
18
reinstatement
of
the
employee
with
back
pay
plus
10
percent
19
interest,
or
any
other
appropriate
relief
necessary
to
ensure
20
compliance
with
the
division
of
the
bill.
21
DIVISION
II.
Division
II
of
the
bill
relates
to
vaccination
22
safety
and
the
right
of
refusal.
Division
II
provides
23
definitions
used
in
the
Code
chapter.
Division
II
of
the
bill
24
prohibits
a
hospital
or
health
care
facility
from
requiring
a
25
health
care
provider,
staff
member,
employee,
or
applicant
for
26
one
of
these
positions
to
be
immunized
or
from
discriminating
27
against
or
terminating
the
employment
of
a
health
care
28
provider,
staff
member,
employee,
or
applicant
for
one
of
29
these
positions,
based
on
the
person’s
refusal
to
receive
an
30
immunization.
The
division
prohibits
a
hospital,
health
care
31
facility,
or
a
health
care
provider,
staff
member,
or
employee
32
of
a
hospital
or
health
care
facility
from
discriminating
33
against
or
terminating
treatment
of
a
patient
based
upon
the
34
patient’s
refusal
to
receive
an
immunization,
and
a
health
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care
facility
or
assisted
living
program
is
also
prohibited
1
from
discriminating
against
or
terminating
treatment
of
a
2
resident
or
tenant
due
to
the
resident
or
tenant
failing
or
3
refusing
to
receive
an
immunization
for
a
specific
communicable
4
disease.
Under
this
division
of
the
bill,
a
hospital,
health
5
care
facility,
or
educational
institution
providing
clinical
6
experience
to
satisfy
the
professional
degree
requirements
of
a
7
student,
intern,
or
resident
is
prohibited
from
discriminating
8
against
the
student,
intern,
or
resident,
or
prohibiting
9
admission,
enrollment,
or
employment
as
a
student,
intern,
10
or
resident
based
on
the
immunization
status
of
the
student,
11
intern,
or
resident.
A
person
aggrieved
under
this
portion
of
12
the
bill
may
petition
the
district
court
in
the
county
where
13
the
hospital,
health
care
facility,
assisted
living
program,
14
or
educational
institution
is
located
for
injunctive
relief;
15
affirmative
relief,
including
reinstatement
of
employment
with
16
back
pay
and
interest
or
any
other
equitable
relief
the
court
17
deems
appropriate;
or
other
appropriate
relief
necessary
to
18
ensure
compliance
with
this
division
of
the
bill.
A
hospital,
19
health
care
facility,
health
care
provider,
educational
20
institution,
or
assisted
living
program
that
violates
this
21
portion
of
the
bill
is
ineligible
to
receive
state
funding
for
22
reimbursement
of
services.
23
Division
II
of
the
bill
also
prohibits
a
health
care
provider
24
licensing
authority
from
denying
an
applicant
for
a
license
25
or
suspending,
revoking,
or
refusing
to
renew
a
license,
or
26
from
taking
disciplinary
action
against
a
licensee
based
on
an
27
applicant’s
or
licensee’s
immunization
history
or
refusal
to
28
submit
to
an
immunization.
29
Division
II
of
the
bill
prohibits
an
insurer
providing
a
30
group
policy,
contract,
or
plan
for
health
insurance
from
31
using
the
immunization
status
of
a
person
as
a
basis
to
32
reject;
deny;
limit;
cancel;
refuse
to
renew;
increase
the
33
premiums
for;
limit
the
amount,
extent,
or
kind
of
coverage
34
available
to;
or
otherwise
adversely
affect
eligibility
or
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coverage
for
the
group
health
policy,
contract,
or
plan
for
1
health
insurance.
Division
II
also
prohibits
an
insurer
2
providing
a
group
policy,
contract,
or
plan
for
health
3
insurance
from
using
the
immunization
status
of
a
person
4
as
a
qualification
or
requirement
for
contracting
with
the
5
person’s
provider
or
as
a
basis
for
terminating
a
contract
6
with
the
person’s
provider.
Division
II
of
the
bill
prohibits
7
an
insurer
providing
a
group
policy,
contract,
or
plan
for
8
health
insurance
from
providing
financial
or
other
incentives
9
to
a
participating
provider
based
upon
attaining
a
certain
10
immunization
administration
rate
or
from
imposing
financial
or
11
other
penalties
on
a
participating
provider
who
does
not
attain
12
a
certain
immunization
administration
rate.
Division
II
of
the
13
bill
prohibits
the
immunization
status
of
a
person
covered
by
a
14
group
policy,
contract,
or
plan
for
health
insurance
from
being
15
used
as
a
factor
in
the
rating
of
a
group
policy,
contract,
or
16
plan
for
health
insurance
in
Iowa.
An
insurer
issuing
a
group
17
policy,
contract,
or
plan
for
health
insurance
who
violates
18
any
of
these
provisions
of
the
bill
is
subject
to
the
summary
19
cease
and
desist
order,
cease
and
desist
order,
and
penalty
20
provisions
pursuant
to
Code
chapter
507B
(insurance
trade
21
practices).
22
DIVISION
III.
Division
III
of
the
bill
relates
to
exemptions
23
from
immunizations
and
vaccinations.
24
Division
III
includes
as
a
new
exemption
from
immunizations
25
otherwise
required
for
a
person’s
enrollment
in
any
elementary
26
or
secondary
school
or
licensed
child
care
center,
an
exemption
27
based
on
the
submission
of
a
signed
affidavit
by
the
applicant,
28
or
if
the
applicant
is
a
minor,
by
the
applicant’s
parent
29
or
legal
guardian,
stating
that
the
immunization
conflicts
30
with
the
conscientiously
held
beliefs
of
the
applicant,
or
if
31
the
applicant
is
a
minor,
of
the
applicant’s
parent
or
legal
32
guardian.
Existing
provisions
direct
the
department
of
public
33
health,
in
consultation
with
the
director
of
the
department
of
34
education,
to
adopt
rules
to
implement
this
provision.
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This
division
of
the
bill
also
amends
the
current
provision
1
relating
to
an
exemption
based
on
religious
beliefs
of
the
2
applicant,
or
if
the
applicant
is
a
minor,
the
applicant’s
3
parent
or
legal
guardian.
4
DIVISION
IV.
Division
IV
of
the
bill
relates
to
unfair
5
or
discriminatory
practices
based
on
a
person’s
vaccine
6
status.
Division
IV
amends
Code
chapter
216
(civil
rights
7
commission)
to
provide
that
it
is
an
unfair
or
discriminatory
8
practice
for
any
owner,
lessee,
sublessee,
proprietor,
9
manager,
or
superintendent
of
any
public
accommodation
or
10
any
agent
or
employee
thereof
to
do
certain
things
based
11
on
the
basis
of
a
person’s
vaccination
or
immunity
status.
12
These
unfair
or
discriminatory
practices
include:
providing
13
any
disposition,
service,
financial
aid,
or
benefit
to
the
14
person
which
is
different,
or
is
provided
in
a
different
15
manner,
from
that
provided
to
other
members
of
the
general
16
public;
subjecting
the
person
to
segregation
or
separate
17
treatment
in
any
matter
related
to
that
person’s
receipt
of
18
any
disposition,
service,
financial
aid,
or
benefit
provided
19
to
other
members
of
the
general
public;
restricting
the
person
20
in
any
way
in
the
enjoyment
of
any
advantage
or
privilege
21
enjoyed
by
other
persons
receiving
any
disposition,
service,
22
financial
aid,
or
benefit
provided
to
other
members
of
the
23
general
public;
treating
the
person
differently
from
other
24
persons
in
determining
whether
that
person
satisfies
any
25
admission,
enrollment,
quota,
eligibility,
membership,
or
other
26
requirement
or
condition
which
a
person
must
meet
in
order
to
27
be
provided
any
disposition,
service,
financial
aid,
function,
28
or
benefit
available
to
other
members
of
the
general
public;
29
and
denying
the
person
an
opportunity
to
participate
in
a
30
program
through
the
provision
of
service
or
otherwise
afford
31
that
person
an
opportunity
to
do
so
which
is
different
from
32
that
afforded
to
other
members
of
the
general
public.
The
33
delineation
of
the
actions
under
this
division
of
the
bill
34
as
unfair
or
discriminatory
practices
provides
a
basis
under
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Code
chapter
216
for
a
person
claiming
to
be
aggrieved
by
the
1
actions
to
file
a
complaint
with
the
civil
rights
commission
2
and
to
seek
relief,
judicial
review,
and
enforcement.
3
DIVISION
V.
Division
V
of
the
bill
relates
to
prohibiting
4
the
connection
of
a
person’s
vaccination
or
immunity
status
5
to
a
state-issued
driver’s
license
or
state
identification.
6
Division
V
prohibits
a
driver’s
license
or
a
nonoperator’s
7
identification
card
from
including
the
vaccination
or
8
immunization
status,
immunity
status,
or
test
results
relating
9
to
a
communicable
disease
of
the
holder
of
any
class
of
10
driver’s
license
or
a
nonoperator’s
identification
card.
11
DIVISION
VI.
Division
VI
of
the
bill
relates
to
the
12
statewide
immunization
registry
and
the
Iowa
health
information
13
network
(IHIN)
and
informed
consent.
Division
VI
requires
14
the
department
of
public
health
to
require
that
a
health
care
15
provider
who
administers
vaccines
and
immunizations
and
is
16
required
to
consult
and
review
or
report
the
administration
17
of
vaccines
or
immunizations
to
the
statewide
immunization
18
registry
or
IHIN
obtain
written,
informed
consent
from
a
19
patient,
or
if
the
patient
is
a
minor,
the
patient’s
parent
or
20
legal
guardian,
prior
to
reporting
the
administration
of
the
21
vaccine
or
immunization
to
the
statewide
immunization
registry
22
or
IHIN.
The
written,
informed
consent
shall
also
provide
23
the
patient
with
the
option
of
consenting
to
the
sharing
of
24
the
patient’s
information
with
any
entity
with
access
to
the
25
information
contained
in
the
statewide
immunization
registry
26
or
IHIN.
The
health
care
provider
shall
submit
a
copy
of
the
27
completed
written,
informed
consent
form
to
the
statewide
28
immunization
registry
or
IHIN.
A
patient,
or
if
the
patient
is
29
a
minor,
the
patient’s
parent
or
legal
guardian,
may
withdraw
30
or
amend
the
informed
consent
at
any
time.
If
informed
consent
31
is
subsequently
withdrawn,
the
patient’s
information
shall
be
32
deleted
from
the
statewide
immunization
registry
or
IHIN.
33
Additionally,
only
the
information
regarding
the
34
administration
of
vaccines
or
immunizations
of
a
patient
from
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whom
written,
informed
consent
has
been
obtained
shall
be
1
reported
to
and
included
in
the
statewide
immunization
registry
2
or
IHIN.
No
other
information,
report,
or
record
relating
3
to
a
person
from
whom
written,
informed
consent
has
not
been
4
obtained
shall
be
maintained
by
the
department
or
included
in
5
the
statewide
immunization
registry
or
IHIN.
6
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