House File 330 - Introduced
HOUSE FILE 330
BY SHIPLEY
A BILL FOR
1 An Act relating to requirements and prohibitions relating to
2 vaccines and immunizations, and providing civil remedies.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 PROHIBITION OF VACCINE MANDATES BY EMPLOYERS
3 Section 1. NEW SECTION. 94.1 Definitions.
4 As used in this chapter, unless the context otherwise
5 requires:
6 1. “Applicant” means a natural person who applies to be an
7 employee.
8 2. “Employee” means a natural person who is employed in this
9 state for wages by an employer.
10 3. “Employer” means a person, as defined in chapter 4, who
11 in this state employs for wages, natural persons.
12 Sec. 2. NEW SECTION. 94.2 Vaccination requirements or
13 history —— prohibited acts by employer.
14 An employer shall not fail or refuse to hire, discharge,
15 penalize, or otherwise discriminate against an employee with
16 respect to compensation or the terms, conditions, or privileges
17 of employment based on either of the following:
18 1. The employee’s vaccination history.
19 2. The refusal of the employee to receive a vaccine or
20 provide proof of immunity.
21 Sec. 3. NEW SECTION. 94.3 Civil remedies.
22 An employee whose rights are violated under this chapter may
23 bring an action against an employer in the district court in
24 the county where the employer is located for injunctive relief,
25 actual damages, admission or reinstatement of the employee with
26 back pay plus ten percent interest, or any other appropriate
27 relief necessary to ensure compliance with this chapter.
28 DIVISION II
29 PROHIBITION AGAINST VACCINE MANDATES RELATIVE TO FACILITIES,
30 PROVIDERS, AND INSURERS
31 Sec. 4. NEW SECTION. 135Q.1 Definitions.
32 As used in this chapter, unless the content otherwise
33 requires:
34 1. “Assisted living program” means the same as defined in
35 section 231C.2.
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1 2. “Communicable disease” means the same as defined in
2 section 139A.2.
3 3. “Health care facility” means the same as defined in
4 section 135C.1.
5 4. “Health care provider” means a person licensed or
6 certified by and subject to the authority of a board as defined
7 in section 147.2 who provides professional health care services
8 to a patient during that patient’s medical care, treatment, or
9 confinement.
10 5. “Hospital” means the same as defined in section 135B.1.
11 6. “Insurer” means an entity providing a plan of health
12 insurance, health care benefits, or health care services, or
13 an entity subject to the jurisdiction of the commissioner
14 of insurance performing utilization review, including an
15 insurance company offering sickness and accident plans, a
16 health maintenance organization, a nonprofit health service
17 corporation, a plan established pursuant to chapter 509A
18 for public employees, or any other entity providing a plan
19 of health insurance, health care benefits, or health care
20 services.
21 7. “Patient” means a person who has received or is receiving
22 professional health care services from a health care facility,
23 health care provider, or hospital.
24 8. “Resident” means a resident of a health care facility.
25 9. “Tenant” means a tenant of an assisted living program.
26 Sec. 5. NEW SECTION. 135Q.2 Immunizations —— prohibited
27 discrimination —— civil remedies.
28 1. A hospital or health care facility shall not do any of
29 the following:
30 a. Require a health care provider, staff member, employee,
31 or applicant for one of these positions to be immunized.
32 b. Discriminate against or terminate the employment of a
33 health care provider, staff member, employee, or applicant for
34 one of these positions based on the person’s refusal to receive
35 an immunization.
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1 2. A hospital, health care facility, or a health care
2 provider, staff member, or employee of a hospital or health
3 care facility shall not discriminate against or terminate
4 treatment of a patient based upon the patient’s refusal to
5 receive an immunization.
6 3. A health care facility or assisted living program shall
7 not discriminate against or terminate treatment of a resident
8 or tenant solely on the basis of the resident or tenant not
9 having received, or refusing to receive, an immunization for a
10 specific communicable disease.
11 4. A hospital, health care facility, or educational
12 institution providing clinical experience to satisfy the
13 professional degree requirements of a student, intern, or
14 resident shall not discriminate against the student, intern, or
15 resident, or prohibit admission, enrollment, or employment as a
16 student, intern, or resident based on the immunization status
17 of the student, intern, or resident.
18 5. A person aggrieved under this section may petition the
19 district court in the county where the hospital, health care
20 facility, assisted living program, or educational institution
21 is located for any of the following:
22 a. Injunctive relief against any further violation.
23 b. Affirmative relief, including reinstatement of employment
24 with back pay and interest, or any other equitable relief the
25 court deems appropriate.
26 c. Other appropriate relief necessary to ensure compliance
27 with this section.
28 6. A hospital, health care facility, health care provider,
29 educational institution, or assisted living program that
30 violates this section is not eligible to receive state funding
31 for reimbursement of services provided to patients, residents,
32 or tenants.
33 Sec. 6. NEW SECTION. 135Q.3 Immunization —— health care
34 providers —— prohibited discrimination.
35 The licensing authority for a health care provider shall not
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1 deny an applicant for a license or suspend, revoke, or refuse
2 to renew a license, and shall not take disciplinary action
3 against a licensee based on the applicant’s or licensee’s
4 immunization history or refusal to submit to an immunization.
5 Sec. 7. NEW SECTION. 135Q.4 Immunizations —— prohibited
6 actions —— insurers and insurer ratings —— cease and desist
7 orders and penalties.
8 1. An insurer providing a group policy, contract, or plan
9 for health insurance shall not use the immunization status of
10 a person as a basis to reject; deny; limit; cancel; refuse to
11 renew; increase the premiums for; limit the amount, extent, or
12 kind of coverage available to; or otherwise adversely affect
13 eligibility or coverage for the group health policy, contract,
14 or plan for health insurance.
15 2. An insurer providing a group policy, contract, or plan
16 for health insurance shall not use the immunization status of a
17 person as a qualification or requirement for contracting with
18 the person’s health care provider or as a basis for terminating
19 a contract with the person’s health care provider.
20 3. An insurer providing a group policy, contract, or
21 plan for health insurance shall not do any of the following
22 regarding the administration of immunizations to covered
23 persons:
24 a. Provide financial or other incentives to a participating
25 health care provider based upon attaining a certain
26 immunization administration rate.
27 b. Impose a financial or other penalty on a participating
28 health care provider who does not attain a certain immunization
29 administration rate.
30 4. The immunization status of a person covered by a group
31 policy, contract, or plan for health insurance shall not be
32 used as a factor in the rating of a group policy, contract, or
33 plan for health insurance in this state.
34 5. An insurer issuing a group policy, contract, or plan for
35 health insurance who violates this section is subject to the
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1 summary cease and desist order, cease and desist order, and
2 penalty provisions pursuant to chapter 507B.
3 DIVISION III
4 CHILDREN AND STUDENTS —— VACCINE MANDATES
5 Sec. 8. Section 139A.8, subsection 4, Code 2021, is amended
6 to read as follows:
7 4. a. Immunization is not required for a person’s
8 enrollment in any elementary or secondary school or licensed
9 child care center if either any of the following applies:
10 (1) The applicant, or if the applicant is a minor, the
11 applicant’s parent or legal guardian, submits to the admitting
12 official a statement signed by a physician, advanced registered
13 nurse practitioner, or physician assistant who is licensed by
14 the board of medicine, board of nursing, or board of physician
15 assistants that the immunizations required would be injurious
16 to the health and well-being of the applicant or any member of
17 the applicant’s family.
18 (2) The applicant, or if the applicant is a minor, the
19 applicant’s parent or legal guardian, submits an affidavit
20 signed by the applicant, or if the applicant is a minor,
21 the applicant’s parent or legal guardian, stating that the
22 immunization conflicts with the tenets and practices of a
23 recognized religious denomination of which the applicant is
24 an adherent or member sincerely held religious beliefs of the
25 applicant, or if the applicant is a minor, of the applicant’s
26 parent or legal guardian.
27 (3) The applicant, or if the applicant is a minor, the
28 applicant’s parent or legal guardian, submits an affidavit
29 signed by the applicant, or if the applicant is a minor, signed
30 by the applicant’s parent or legal guardian, stating that the
31 immunization conflicts with the conscientiously held beliefs
32 of the applicant, or if the applicant is a minor, of the
33 applicant’s parent or legal guardian.
34 b. The exemptions under this subsection do not also apply in
35 times of emergency or epidemic as determined by the state board
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1 of health and as declared by the director of public health.
2 DIVISION IV
3 EMERGENCY POWERS AND VACCINE MANDATES
4 Sec. 9. Section 29C.6, subsection 1, Code 2021, is amended
5 to read as follows:
6 1. a. After finding a disaster exists or is threatened,
7 proclaim a state of disaster emergency. This proclamation
8 shall be in writing, indicate the area affected and the facts
9 upon which it is based, be signed by the governor, and be
10 filed with the secretary of state. If the state of disaster
11 emergency specifically constitutes a public health disaster
12 as defined in section 135.140, the written proclamation shall
13 include a statement to that effect. A state of disaster
14 emergency shall continue for thirty days, unless sooner
15 terminated or rescinded, extended in writing, or amended by
16 the governor general assembly. The general assembly may,
17 by concurrent resolution, rescind, extend, or amend this
18 proclamation. If the general assembly is not in session, the
19 legislative council may, by majority vote, rescind, extend,
20 or amend this proclamation. Rescission Any initial extension
21 of this proclamation by the general assembly shall not exceed
22 sixty days, and any subsequent extension shall not exceed
23 sixty-day increments. Any rescission, extension, or amendment
24 shall be effective upon filing of the concurrent resolution or
25 resolution of the legislative council with the secretary of
26 state. A proclamation of disaster emergency shall activate the
27 disaster response and recovery aspect of the state, local, and
28 interjurisdictional disaster emergency plans applicable to the
29 political subdivision or area in question and be authority for
30 the deployment and use of any forces to which the plan applies,
31 and for use or distribution of any supplies, equipment, and
32 materials and facilities assembled, stockpiled, or arranged to
33 be made available.
34 b. A measure dictated in a state of disaster emergency
35 proclamation shall not do any of the following:
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1 (1) Require an individual to receive a SARS-CoV-2 vaccine.
2 (2) Authorize an agency to adopt rules pursuant to chapter
3 17A to require an individual to receive a SARS-CoV-2 vaccine.
4 (3) Authorize the imposition or impose any civil or criminal
5 penalties against an individual who refuses to receive a
6 SARS-CoV-2 vaccine.
7 DIVISION V
8 PROHIBITING DISCRIMINATION AND RIGHT-OF-ACCESS RESTRICTIONS
9 BASED ON VACCINE STATUS OR PROOF OF IMMUNITY
10 Sec. 10. Section 216.2, subsection 15, Code 2021, is amended
11 to read as follows:
12 15. “Unfair practice” or “discriminatory practice” means
13 those practices specified as unfair or discriminatory in
14 sections 216.6, 216.6A, 216.7, 216.7A, 216.8, 216.8A, 216.8B,
15 216.9, 216.10, 216.11, and 216.11A.
16 Sec. 11. NEW SECTION. 216.7A Unfair practices —— public
17 accommodations —— vaccination status.
18 It shall be an unfair or discriminatory practice for
19 any owner, lessee, sublessee, proprietor, manager, or
20 superintendent of any public accommodation or any agent or
21 employee thereof to do any of the following on the basis of a
22 person’s vaccination or immunity status:
23 1. Provide any disposition, service, financial aid, or
24 benefit to the person which is different, or is provided in a
25 different manner, from that provided to other members of the
26 general public.
27 2. Subject the person to segregation or separate treatment
28 in any matter related to that person’s receipt of any
29 disposition, service, financial aid, or benefit provided to
30 other members of the general public.
31 3. Restrict the person in any way in the enjoyment of any
32 advantage or privilege enjoyed by other persons receiving any
33 disposition, service, financial aid, or benefit provided to
34 other members of the general public.
35 4. Treat the person differently from other persons in
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1 determining whether that person satisfies any admission,
2 enrollment, quota, eligibility, membership, or other
3 requirement or condition which a person must meet in order to
4 be provided any disposition, service, financial aid, function,
5 or benefit available to other members of the general public.
6 5. Deny the person an opportunity to participate in a
7 program through the provision of service or otherwise afford
8 that person an opportunity to do so which is different from
9 that afforded to other members of the general public.
10 DIVISION VI
11 PROHIBITING THE CONNECTION OF VACCINATION OR IMMUNITY STATUS TO
12 A STATE-ISSUED DRIVER’S LICENSE
13 Sec. 12. Section 321.189, subsection 2, Code 2021, is
14 amended by adding the following new paragraph:
15 NEW PARAGRAPH. e. A driver’s license shall not include the
16 vaccination or immunization status, immunity status, or test
17 results relating to a communicable disease of the holder of any
18 class of driver’s license.
19 Sec. 13. Section 321.190, subsection 1, paragraph a, Code
20 2021, is amended to read as follows:
21 a. The department shall, upon application and payment
22 of the required fee, issue to an applicant a nonoperator’s
23 identification card. To be valid the card shall bear a
24 distinguishing number other than a social security number
25 assigned to the cardholder, the full name, date of birth,
26 sex, residence address, a physical description and a color
27 photograph of the cardholder, the usual signature of the
28 cardholder, and such other information as the department
29 may require by rule. An applicant for a nonoperator’s
30 identification card shall apply for the card in the manner
31 provided in section 321.182, subsections 1 through 3. The card
32 shall be issued to the applicant at the time of application
33 pursuant to procedures established by rule. An applicant for a
34 nonoperator’s ident