Bill Text: IA SF2170 | 2019-2020 | 88th 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.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-02-19 - Subcommittee recommends passage. [SF2170 Detail]

Download: Iowa-2019-SF2170-Introduced.html
Senate File 2170 - Introduced SENATE FILE 2170 BY GUTH , CARLIN , and SCHULTZ 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 TLSB 5669XS (3) 88 pf/rh
S.F. 2170 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 vaccine set forth in the vaccine injury table 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 the health care provider provides an adult patient, 19 or the parent or legal representative of a minor patient, with 20 a copy of the relevant federal vaccine information statement 21 for the vaccine the patient is to receive and verbally informs 22 the adult patient, or the parent or legal representative of a 23 minor patient, of the existence of the vaccine adverse events 24 reporting system and the vaccine injury compensation program 25 referenced in the statement, prior to the patient receiving the 26 vaccine. 27 b. That the health care provider records certain required 28 information about the vaccine administered in the patient’s 29 medical record or a permanent office log or file. 30 c. That the health care provider documents any adverse 31 event following the vaccination that the patient experiences 32 and that becomes known to the health care provider, submits 33 the report to the federal vaccine adverse events reporting 34 system, and provides the adult patient or the parent or legal 35 -1- LSB 5669XS (3) 88 pf/rh 1/ 3
S.F. 2170 representative of a minor patient with a copy of the report. 1 3. The health profession board for a health care provider 2 may deny an applicant a license or suspend, revoke, or refuse 3 to renew a license, and may take other disciplinary action 4 against a licensee based on the applicant or licensee having 5 three or more verified failures to comply in one calendar year 6 with the applicable health care provider requirements pursuant 7 to 42 U.S.C. §300aa-25 and 42 U.S.C. §300aa-26. 8 4. A health care provider who violates a provision of 9 42 U.S.C. §300aa-25 or 42 U.S.C. §300aa-26, in addition to 10 licensee disciplinary action pursuant to subsection 3, shall 11 be subject to a fine, per violation, in an amount established 12 by rule of the department or the respective health profession 13 board, as applicable. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the requirements established under 18 federal law for health care providers administering certain 19 vaccines. The bill provides definitions used in the bill 20 including “health care provider” which is the definition used 21 under federal law (42 U.S.C. §300aa-33(1)); “health profession 22 board”; and “vaccine injury table”. 23 The bill requires the department of public health (DPH) to 24 collaborate with each health profession board to ensure that 25 a health care provider under the purview of the department 26 or a health profession board is aware of and complies with 27 the requirements applicable to health care providers who 28 administer vaccines on the federal vaccine injury table under 29 the federal National Childhood Vaccine Injury Act of 1986 (42 30 U.S.C. §§300aa-1 to 300aa-34), including provision of the 31 relevant federal vaccine information statement for the vaccine 32 the patient is to receive and verbal information regarding 33 the vaccine adverse events reporting system and the vaccine 34 injury compensation program, prior to the patient receiving the 35 -2- LSB 5669XS (3) 88 pf/rh 2/ 3
S.F. 2170 vaccine; the recording of certain required information about 1 the vaccine administered in the patient’s medical record or a 2 permanent office log or file; the documenting and reporting of 3 any adverse event following the vaccination that the patient 4 experiences and that becomes known to the health care provider 5 to the federal vaccine adverse events reporting system; and the 6 provision of a copy of the adverse event report to the adult 7 patient or parent or legal representative of a minor patient. 8 The bill provides for disciplinary action by DPH or the 9 respective health profession board and fines established by 10 DPH or the respective board for noncompliance with the federal 11 requirements. 12 -3- LSB 5669XS (3) 88 pf/rh 3/ 3
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