Bill Summary – FastDemocracy

House File 2055 - Introduced
                                  HOUSE FILE 2055
                                  BY SHIPLEY
                            A BILL FOR
An Act relating to communicable and infectious diseases,
  including elimination of specified immunization and
  vaccination requirements for enrollment in licensed child
  care centers or elementary and secondary schools, and
  requiring communication of the risks and recommendations
  relating to such diseases and immunizations and
  vaccinations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 139A.8, Code 2024, is amended by striking
 the section and inserting in lieu thereof the following:
    139A.8 Information —— risks of communicable and infectious
 disease —— recommended immunizations.
    1. A person shall not be required to receive any specific
 immunization prior to enrollment in any licensed child care
 center or elementary or secondary school in Iowa.
    2. The department shall provide information regarding
 the risks of communicable and infectious disease and
 recommendations regarding immunizations, to licensed child care
 centers, school districts, and local boards. Licensed child
 care centers, school districts, and local boards shall share
 the information with the parent or legal guardian of a minor
 child who is enrolled in any licensed child care center or
 elementary or secondary school.
    3. The department, in consultation with the director of the
 department of education, shall adopt rules pursuant to chapter
 17A to administer this section and shall provide the rules
 to licensed child care centers, school districts, and local
 boards.
    Sec. 2. Section 139A.8B, subsection 1, Code 2024, is amended
 to read as follows:
    1. Notwithstanding whether a person’s attendance is in
 person or virtual, immunization against COVID-19 shall not be
 required for a person to be enrolled in any licensed child care
 center, elementary or secondary school, or postsecondary school
 in Iowa prior to July 1, 2029.
    Sec. 3. Section 147.77, subsection 1, paragraph e,
 subparagraph (28), Code 2024, is amended to read as follows:
    (28) For health and dental programs provided by agencies
 providing foster care services, that if documentation of prior
 immunization is unavailable, immunizations required by the
 department shall begin within thirty days of placement, unless
 contraindicated and unless a statement from a physician to
 that effect is included in the child’s medical record, and
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                                H.F. 2055
 that a statement from a physician, referring agency, parent,
 or guardian indicating current immunizations are current is
 sufficient documentation of immunizations.
    Sec. 4. Section 239B.12, Code 2024, is amended to read as
 follows:
    239B.12 Immunization.
    1. To the extent feasible, the department shall determine
 the immunization status of children receiving assistance under
 this chapter. The status shall be determined in accordance
 with the immunization recommendations adopted under section
 139A.8, including the exemption provisions in section 139A.8,
 subsection 4. If the department determines a child is not
 in compliance with the immunization recommendations, the
 department shall refer the child’s parent or guardian to a
 local public health agency for immunization services for the
 child and other members of the child’s family.
    2. The department shall determine immunization rates of
 participants, evaluate family investment program efforts
 to encourage provide information regarding immunizations,
 and develop strategies to further encourage immunization of
 participants in accordance with section 139A.8.
    Sec. 5. Section 299.4, subsection 1, Code 2024, is amended
 to read as follows:
    1. The parent, guardian, or legal custodian of a child
 who is of compulsory attendance age, who places the child
 under competent private instruction under section 299A.2, not
 in an accredited school or a home school assistance program
 operated by a school district or accredited nonpublic school,
 shall furnish a report in duplicate on forms provided by the
 public school district, to the district by September 1 of the
 school year in which the child will be under competent private
 instruction. The secretary shall retain and file one copy
 and forward the other copy to the district’s area education
 agency. The report shall state the name and age of the child,
 the period of time during which the child has been or will be
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                                        H.F. 2055
 under competent private instruction for the year, an outline
 of the course of study, texts used, and the name and address
 of the instructor. The parent, guardian, or legal custodian
 of a child, who is placing the child under competent private
 instruction for the first time, shall also provide the district
 with evidence that the child has had the immunizations required
 under section 139A.8, and, if the child is elementary school
 age, a blood lead test in accordance with section 135.105D.
 The term “outline of course of study” shall include subjects
 covered, lesson plans, and time spent on the areas of study.
                            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 communicable and infectious diseases,
 including elimination of required immunizations and
 vaccinations prior to enrollment in licensed child care centers
 or elementary or secondary schools in Iowa.
    The bill strikes Code section 139A.8 (immunization of
 children), which requires a person to receive certain
 immunizations prior to enrollment in any licensed child care
 center or elementary or secondary school in Iowa, and replaces
 it with new Code section 139A.8, which provides that a person
 shall not be required to receive any specific immunization
 prior to enrollment in any licensed child care center or
 elementary or secondary school in Iowa. The bill requires
 the department of health and human services (HHS) to provide
 information regarding the risks of communicable and infectious
 diseases and recommendations regarding immunizations, to
 licensed child care centers, school districts, and local boards
 to be shared with the parents or legal guardians of minor
 children enrolled in licensed child care centers or elementary
 or secondary schools in Iowa. The bill directs HHS, in
 consultation with the director of the department of education,
 to adopt rules to administer this Code section provision and
 to provide the rules to licensed child care centers, school
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                                H.F. 2055
 districts, and local boards.
    The bill makes conforming changes in the Code to reflect the
 changes regarding required immunizations.
    The bill amends Code section 139A.8B(1) that prohibits
 required immunization for COVID-19 for a person enrolling
 in any licensed child care center, elementary or secondary
 school, or postsecondary school in Iowa prior to July 1, 2029,
 by eliminating the date certain, thereby prohibiting the
 requirement.
    The bill amends Code section 147.77(1)(d)(28) relating to
 the powers, privileges, rights, or duties provided by rule
 regarding physician assistants to eliminate the references to
 the documentation for required immunizations for children in
 foster care and instead references documentation of current
 immunizations.
    The bill amends Code section 239B.12, the immunization
 status of children receiving family investment program
 assistance, by removing the reference to the recommended
 immunizations under Code section 139A.8, and instead requires
 that HHS provide information regarding immunizations to
 participants.
    The bill amends Code section 299.4(1) by removing the
 reference to required immunizations under Code section 139A.8
 in the context of reports regarding children placed in private
 instruction.
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Statutes affected: 
Introduced: 139A.8, 139A.8B, 147.77, 239B.12