This bill amends existing laws concerning the powers and duties of the governor and the Department of Health and Human Services (HHS) during state disaster emergencies and public health disasters. It extends the duration of a state of disaster emergency from 30 days to 60 days, allowing the governor to amend or terminate the proclamation within that timeframe. Any extensions by the general assembly or legislative council are also limited to 60 days. The bill introduces restrictions on measures taken during a disaster emergency, ensuring they do not infringe on constitutional rights, restrict religious practices, or impose undue pressure on individuals regarding health-related decisions. Additionally, it clarifies that HHS may recommend, but not mandate, physical examinations, vaccinations, or treatments, emphasizing individual authority over health decisions without coercion.

The bill further modifies immunization requirements for enrollment in elementary or secondary schools and licensed child care centers by allowing exemptions from vaccination if a person, or the parent or guardian of a minor, submits an affidavit stating that the immunization conflicts with their sincerely held religious beliefs. This change broadens the criteria for exemption by focusing on the sincerity of beliefs rather than adherence to a recognized religious denomination. Moreover, it ensures that if a child is granted an exemption from vaccination, this exemption remains in effect during emergencies or epidemics, protecting children who are exempt for religious reasons from being forced to receive vaccinations during public health crises.

Statutes affected:
Introduced: 29C.6, 135.140, 139A.4, 139A.8