House File 2090 - Introduced HOUSE FILE 2090 BY DIEKEN (COMPANION TO SF 2030 BY SALMON) A BILL FOR An Act relating to powers and duties applicable to state of 1 disaster emergencies and public health disasters. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5952YH (2) 90 pf/ko
H.F. 2090 Section 1. Section 29C.6, subsection 1, Code 2024, is 1 amended to read as follows: 2 1. a. After finding a disaster exists or is threatened, 3 proclaim a state of disaster emergency. This proclamation 4 shall be in writing, indicate the area affected and the facts 5 upon which it is based, be signed by the governor, and be 6 filed with the secretary of state. If the state of disaster 7 emergency specifically constitutes a public health disaster 8 as defined in section 135.140 , the written proclamation shall 9 include a statement to that effect. A state of disaster 10 emergency shall continue for thirty sixty days, unless sooner 11 terminated or rescinded, extended in writing , or amended by 12 the governor general assembly . The general assembly may, 13 by concurrent resolution, rescind , extend, or amend this 14 proclamation. Any initial extension of this proclamation by 15 the general assembly shall not exceed sixty days, and any 16 subsequent extension shall not exceed sixty-day increments. 17 If the general assembly is not in session, the legislative 18 council may, by majority vote, rescind , extend, or amend this 19 proclamation only once and any extension shall not exceed 20 sixty days . Rescission Following any rescission, extension, 21 or amendment of this proclamation by the legislative council, 22 any additional action may only be taken by the general 23 assembly. Any rescission, extension, or amendment shall be 24 effective upon the 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 -1- LSB 5952YH (2) 90 pf/ko 1/ 10
H.F. 2090 proclamation shall not do any of the following: 1 (1) Infringe on a fundamental constitutionally protected 2 right unless the measure is justified by a compelling state 3 interest, is narrowly tailored to achieve its specific purpose, 4 and is achieved by the least restrictive means possible. 5 (2) Restrict rights, interests, or activities in a manner 6 that is not neutral or generally applicable. 7 (3) Prohibit in-person interactions between religious 8 leaders or individuals who are related by consanguinity or 9 affinity with patients or residents of hospitals or health care 10 facilities. 11 (4) Authorize the use of mobile, cellular, or any other 12 digital technologies to track or surveil persons without 13 providing prior notice to and receiving consent from such 14 persons. The consent request regarding the specific terms of 15 surveillance shall be presented as a separate request and not 16 combined with any other terms requiring consent. 17 (5) Authorize the use of any drones, unmanned 18 aerial vehicles, advanced robotics, or any artificial 19 intelligence-based systems to enforce the proclamation. 20 (6) Restrict the practice of a person holding a valid 21 license to practice a health-related profession regulated 22 by a board designated pursuant to section 147.13 or by the 23 department of inspections, appeals, and licensing, or restrict 24 the scope of service delivery of a hospital, clinic, or 25 health care professional if the person or entity is otherwise 26 practicing within the scope of a valid license. 27 (7) Allow a board designated pursuant to section 147.13 to 28 restrict the prescribing authority of a licensed health-related 29 professional in a way that acts as a deterrent for the 30 professional to prescribe a medication or treatment in 31 accordance with the professionals best professional judgment. 32 (8) Require identification and monitoring of persons 33 who may be at risk of contracting a contagious or infectious 34 disease by virtue of contact with a contagious person 35 -2- LSB 5952YH (2) 90 pf/ko 2/ 10
H.F. 2090 in a manner consistent with known or suspected modes 1 of transmission; require a person to comply with such 2 identification and monitoring efforts including efforts that 3 infringe on a persons freedom of association; or establish, 4 authorize, or enforce penalties for a persons refusal to 5 participate in the identification and monitoring efforts. 6 Sec. 2. Section 135.144, subsections 3, 5, 6, 7, and 8, Code 7 2024, are amended to read as follows: 8 3. Take reasonable measures as necessary to prevent 9 the transmission of infectious disease and to ensure that 10 all cases of communicable disease are properly identified, 11 controlled, and treated. However, such reasonable measures 12 shall not include requiring identification and monitoring of 13 persons who may be at risk of contracting a contagious or 14 infectious disease by virtue of contact with a contagious 15 person in a manner consistent with known or suspected modes 16 of transmission; requiring a person to comply with such 17 identification and monitoring efforts including efforts that 18 infringe on a persons freedom of association; or establishing, 19 authorizing, or enforcing penalties for a persons refusal 20 to participate in the identification and monitoring efforts 21 including efforts that infringe on a persons freedom of 22 association. 23 5. Order Recommend physical examinations and tests and 24 collect the collection of specimens as necessary for the 25 diagnosis or treatment of individuals, to be performed by any 26 qualified person authorized to do so by the department. An A 27 physical examination or test shall not be performed or ordered 28 recommended if the physical examination or test is reasonably 29 likely to lead to serious harm to the affected individual. The 30 affected individual has the ultimate authority in determining 31 whether to submit to the recommended physical examination 32 or testing, and shall not be subject to undue pressure or 33 compulsion to submit to the recommendation. The department may 34 isolate or quarantine , pursuant to chapter 139A and the rules 35 -3- LSB 5952YH (2) 90 pf/ko 3/ 10
H.F. 2090 implementing chapter 139A and this subchapter , any infected 1 individual whose refusal of medical a physical examination or 2 testing results in uncertainty regarding whether the individual 3 has been exposed to or is infected with a communicable or 4 potentially communicable disease or otherwise poses a danger to 5 public health. The length of isolation shall not exceed the 6 longest usual incubation period for the specific communicable 7 disease. 8 6. Vaccinate or order Recommend that individuals be 9 vaccinated with a vaccine approved by the United States food 10 and drug administration as safe and effective against an 11 infectious disease and to prevent the spread of communicable 12 or potentially communicable disease. Vaccinations shall be 13 administered by any qualified person authorized to do so by the 14 department. Prior to administration of a vaccine, an adult 15 or the parent or legal representative of a minor receiving 16 the vaccine shall be provided with the federal vaccine 17 information statement for the vaccine and verbally informed 18 of the known and potential benefits and risks of the vaccine. 19 The vaccination shall not be provided or ordered recommended 20 if it is reasonably likely to lead to serious harm to the 21 affected individual. The affected individual has the ultimate 22 authority in determining whether to submit to the recommended 23 vaccination, and shall not be subject to undue pressure or 24 compulsion to submit to the recommendation. To prevent the 25 spread of communicable or potentially communicable disease, the 26 department may isolate or quarantine , pursuant to chapter 139A 27 and the rules implementing chapter 139A and this subchapter , 28 any infected person who is unable or unwilling to undergo 29 vaccination pursuant to this subsection . 30 7. Treat or order Recommend that individuals exposed to 31 or infected with disease receive treatment or prophylaxis. 32 Treatment or prophylaxis shall be administered by any qualified 33 person authorized to do so by the department. Treatment or 34 prophylaxis shall not be provided or ordered recommended if 35 -4- LSB 5952YH (2) 90 pf/ko 4/ 10
H.F. 2090 the treatment or prophylaxis is reasonably likely to lead 1 to serious harm to the affected individual. The affected 2 individual has the ultimate authority in determining whether to 3 submit to the recommended treatment or prophylaxis, and shall 4 not be subject to undue pressure or compulsion to submit to 5 the recommendation. To prevent the spread of communicable or 6 potentially communicable disease, the department may isolate or 7 quarantine , pursuant to chapter 139A and the rules implementing 8 chapter 139A and this subchapter , any infected individual who 9 is unable or unwilling to undergo treatment or prophylaxis 10 pursuant to this section subsection . 11 8. Isolate or quarantine infected individuals or groups of 12 individuals pursuant to chapter 139A and the rules implementing 13 chapter 139A and this subchapter . 14 Sec. 3. Section 135.144, Code 2024, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 14. Provide a link on the departments 17 internet site for qualified individuals to submit 18 evidence-based information regarding a public health emergency 19 or public health disaster and for members of the public to 20 share their experiences. The department shall adopt rules 21 pursuant to chapter 17A to administer this subsection, 22 including the criteria a qualified individual must meet to 23 participate. 24 Sec. 4. Section 139A.4, subsection 1, Code 2024, is amended 25 to read as follows: 26 1. The type and length of isolation or quarantine imposed 27 for a specific communicable disease shall be in accordance with 28 rules adopted by the department. The length of isolation or 29 quarantine shall not exceed the longest usual incubation period 30 for the specific communicable disease. 31 Sec. 5. Section 139A.8, subsection 4, paragraph a, 32 subparagraph (2), Code 2024, is amended to read as follows: 33 (2) The applicant, or if the applicant is a minor, the 34 applicants parent or legal guardian, submits an affidavit 35 -5- LSB 5952YH (2) 90 pf/ko 5/ 10
H.F. 2090 signed by the applicant, or if the applicant is a minor, 1 the applicants parent or legal guardian, stating that the 2 immunization conflicts with the tenets and practices of a 3 recognized sincerely held religious denomination beliefs 4 of which the applicant is an adherent or member , or if the 5 applicant is a minor, of the applicants parent or legal 6 guardian . 7 Sec. 6. Section 139A.8, subsection 4, paragraph b, Code 8 2024, is amended to read as follows: 9 b. The exemptions under this subsection do not apply in 10 times of emergency or epidemic as determined by the council on 11 health and human services and as declared by the director of 12 health and human services. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanations substance by the members of the general assembly. 16 This bill relates to duties and powers relative to emergency 17 situations including a state of disaster emergency and public 18 health disasters. 19 The bill amends provisions relating to the proclamation of a 20 state of disaster emergency by the governor under Code chapter 21 29C (emergency management and security). Current law provides 22 that a state of disaster emergency shall continue for 30 days 23 unless sooner terminated or extended by the governor and that 24 the general assembly, by concurrent resolution when in session 25 or through the legislative council by majority vote if not in 26 session, may rescind the proclamation. Under the bill, a state 27 of disaster emergency shall continue for 60 days unless sooner 28 rescinded, extended, or amended by the general assembly, not 29 the governor, and any initial extension of the proclamation 30 by the general assembly shall not exceed 60 days, and any 31 subsequent extension shall not exceed 60-day increments. Any 32 rescission, extension, or amendment by the general assembly 33 shall be effective upon the filing of the concurrent resolution 34 or resolution of the legislative council with the secretary of 35 -6- LSB 5952YH (2) 90 pf/ko 6/ 10
H.F. 2090 state. The bill also provides that if the general assembly is 1 not in session, the legislative council may, by majority vote, 2 rescind, extend, or amend this proclamation only once and any 3 extension shall not exceed 60 days. Following any rescission, 4 extension, or amendment of the proclamation by the legislative 5 council, any additional action may only be taken by the general 6 assembly. 7 The bill also provides that a measure dictated in a state 8 of disaster emergency proclamation shall not do any of the 9 following: infringe on a fundamental constitutionally 10 protected right unless the measure is justified by a compelling 11 state interest, is narrowly tailored to achieve its specific 12 purpose, and is achieved by the least restrictive means 13 possible; restrict rights, interests, or activities in a 14 manner that is not neutral or generally applicable; prohibit 15 in-person interactions between religious leaders or individuals 16 who are related by consanguinity or affinity with patients or 17 residents of hospitals or health care facilities; authorize 18 the use of mobile, cellular, or any other digital technologies 19 to track or surveil persons without providing prior notice 20 to and receiving consent from such persons, with the consent 21 request regarding the specific terms of surveillance being 22 presented as a separate request and not combined with any other 23 terms requiring consent; authorize the use of any drones, 24 unmanned aerial vehicles, advanced robotics, or any artificial 25 intelligence-based systems to enforce the proclamation; 26 restrict the practice of a person holding a valid license to 27 practice a health-related profession, or restrict the scope 28 of service delivery of a hospital, clinic, or health care 29 professional if the person or entity is otherwise practicing 30 within the scope of a valid license; allow a health-related 31 professional board to restrict the prescribing authority of 32 a licensed health-related professional in a way that acts as 33 a deterrent for the professional to prescribe a medication 34 or treatment in accordance with the professionals best 35 -7- LSB 5952YH (2) 90 pf/ko 7/ 10
H.F. 2090 professional judgment; or require identification and monitoring 1 of persons who may be at risk of contracting a contagious 2 or infectious disease by virtue of contact with a contagious 3 person in a manner consistent with known or suspected 4 modes of transmission, require a person to comply with such 5 identification and monitoring efforts including efforts that 6 infringe on a persons freedom of association, or establish, 7 authorize, or enforce penalties for a persons refusal to 8 participate in the identification and monitoring efforts. 9 The bill amends the duties of the department of health and 10 human services (HHS or the department) relative to a public 11 health disaster under Code chapter 135 (department of health 12 and human services public health). The bill provides 13 that the reasonable measures taken by HHS to prevent the 14 transmission of infectious disease and to ensure that all cases 15 of communicable disease are properly identified, controlled, 16 and treated shall not include requiring identification and 17 monitoring of persons who may be at risk of contracting a 18 contagious or infectious disease by virtue of contact with 19 a contagious person in a manner consistent with known or 20 suspected modes of transmission; requiring a person to comply 21 with such identification and monitoring efforts including 22 efforts that infringe on a persons freedom of association; 23 or establishing, authorizing, or enforcing penalties for a 24 persons refusal to participate in the identification and 25 monitoring efforts including efforts that infringe on a 26 persons freedom of association. 27 The department may recommend, but not order, physical 28 examinations, testing, and the collection of specimens 29 necessary for the diagnosis and treatment of individuals. 30 However, the affected individual has the ultimate authority 31 in determining whether to submit to the recommended physical 32 examination or testing, and shall not be subject to undue 33 pressure or compulsion to submit to the recommendation. The 34 department may isolate only infected individuals who refuse a 35 -8- LSB 5952YH (2) 90 pf/ko 8/ 10
H.F. 2090 physical examination or testing and who pose a danger to the 1 public health. Additionally, the length of isolation shall not 2 exceed the longest usual incubation period for the specific 3 communicable disease. 4 The department may recommend that individuals be vaccinated 5 with a vaccine approved by the United States food and drug 6 administration as safe and effective, but not vaccinate or 7 order that individuals be vaccinated against an infectious 8 disease or to prevent the spread of communicable or potentially 9 communicable disease. Prior to administration of a vaccine, 10 an adult or the parent or legal representative of a minor 11 receiving the vaccine shall be provided with the federal 12 vaccine information statement for the vaccine and verbally 13 informed of the known and potential benefits and risks of 14 the vaccine. Vaccination shall not be recommended if it is 15 reasonably likely to lead to serious harm to the affected 16 individual. The affected individual has the ultimate 17 authority in determining whether to submit to the recommended 18 vaccination, and shall not be subject to undue pressure or 19 compulsion to submit to the recommendation. The department may 20 isolate infected individuals. 21 The department may recommend, but not treat or order, 22 that individuals infected with disease receive treatment or 23 prophylaxis. Treatment or prophylaxis shall not be recommended 24 if the treatment or prophylaxis is reasonably likely to lead 25 to serious harm to the affected individual. The affected 26 individual has the ultimate authority in determining whether to 27 submit to the recommended treatment or prophylaxis, and shall 28 not be subject to undue pressure or compulsion to submit to the 29 recommendation. The department may isolate only individuals 30 infected with disease who are unable or unwilling to undergo 31 treatment or prophylaxis. 32 The department may isolate only infected individuals or 33 groups of individuals in accordance with Code chapter 139A 34 (communicable and infectious diseases and poisonings) and 35 -9- LSB 5952YH (2) 90 pf/ko 9/ 10
H.F. 2090 the subchapter of Code chapter 135 relating to disaster 1 preparedness. 2 The bill requires the department to provide a link on the 3 departments internet site for qualified individuals to submit 4 evidence-based information regarding a public health emergency 5 or public health disaster and for members of the public to 6 share their experiences. The department shall adopt rules 7 pursuant to Code chapter 17A to administer this provision, 8 including the criteria a qualified individual must meet to 9 participate. 10 The bill amends Code provisions under Code chapter 139A 11 relating to the type and length of isolation or quarantine 12 relating to communicable diseases to provide that the type 13 and length of isolation or quarantine imposed for a specific 14 communicable disease shall be in accordance with rules adopted 15 by the department, and that the length of the isolation or 16 quarantine shall not exceed the longest usual incubation period 17 for the specific communicable disease. 18 The bill amends provisions under Code chapter 139A relating 19 to the immunization of children to provide that if a child is 20 exempt from vaccination, the exemption applies during times of 21 emergency or epidemic and provides that the religious exemption 22 is based on the sincerely held religious beliefs of the 23 applicant, or if the applicant is a minor, of the applicants 24 parent or legal guardian, rather than based on a conflict with 25 the tenets and practices of a recognized religious denomination 26 of which the applicant is an adherent or member. 27 -10- LSB 5952YH (2) 90 pf/ko 10/ 10