House Study Bill 178 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON HEALTH AND HUMAN SERVICES BILL BY CHAIRPERSON MEYER) A BILL FOR An Act relating to requirements and prohibitions relating 1 to the reporting of vaccination and immunization 2 administration. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2144YC (4) 90 pf/rh
H.F. _____ Section 1. Section 22.7, subsection 2, Code 2023, is amended 1 to read as follows: 2 2. Hospital records, medical records, and professional 3 counselor records of the condition, diagnosis, care, or 4 treatment of a patient or former patient or a counselee or 5 former counselee, including outpatient. However, confidential 6 communications between a crime victim and the victims 7 counselor are not subject to disclosure except as provided in 8 section 915.20A . However, the Iowa department of public health 9 and human services shall adopt rules which provide for the 10 sharing of information among agencies and providers concerning 11 the maternal and child health program including but not 12 limited to the statewide child immunization information system 13 registry , while maintaining an individuals confidentiality. 14 Sec. 2. NEW SECTION . 135.39F Required use of statewide 15 immunization registry by health care professionals licensee 16 discipline. 17 1. In addition to any other requirements relating to the 18 ordering or administration of vaccinations and immunizations 19 applicable to specific health care professionals, a health 20 care professional shall become an enrolled user and report 21 the administration of vaccinations and immunizations to the 22 statewide immunization registry. 23 2. The applicable licensing board or entity for a health 24 care professional may adopt rules pursuant to chapter 17A to 25 administer this section. 26 3. For the purposes of this section and section 135.39G: 27 a. Enrolled user means a user of the registry who has 28 completed an enrollment form that specifies the conditions 29 under which the registry can be accessed and who has been 30 issued an identification code and password by the department. 31 b. Health care professional means a person who is 32 licensed, certified, or otherwise authorized or permitted by 33 the law of this state to administer health care in the ordinary 34 course of business or in the practice of a profession and 35 -1- LSB 2144YC (4) 90 pf/rh 1/ 4
H.F. _____ who is authorized to order or administer vaccinations and 1 immunizations. 2 c. Statewide immunization registry or registry means 3 the database and file server maintained by the department as 4 well as the software application that allows enrolled users to 5 exchange immunization or health screening records 6 4. A health care professional who violates this section is 7 subject to licensee discipline pursuant to section 147.55. 8 Sec. 3. NEW SECTION . 135.39G Statewide immunization 9 registry patient consent or refusal. 10 A health care professional required to be an enrolled user 11 and report the administration of vaccinations and immunizations 12 to the statewide immunization registry under section 135.39F 13 or any other provision of law shall obtain, prior to making a 14 report, written consent or refusal from the patient, or if the 15 patient is a minor, from the minors parent or legal guardian, 16 to advise the health care professional regarding the reporting 17 of the administration of the vaccination or immunization to the 18 statewide immunization registry. The health care professional 19 shall submit a copy of the completed written consent or refusal 20 form to the statewide immunization registry. A patient, or 21 a minor patients parent or legal guardian, as applicable, 22 may withdraw or amend the written consent or refusal at any 23 time. If consent is subsequently withdrawn by a patient or 24 a minor patients parent or legal guardian, as applicable, 25 the patients information shall be deleted from the statewide 26 immunization registry. 27 Sec. 4. Section 155A.46, subsection 1, paragraph d, Code 28 2023, is amended to read as follows: 29 d. Prior to the ordering and administration of a vaccination 30 or immunization authorized by this subsection , pursuant to 31 statewide protocols, a licensed pharmacist shall consult 32 and review the statewide immunization registry or health 33 information network . The board shall adopt rules requiring 34 the reporting of the administration of vaccines vaccinations 35 -2- LSB 2144YC (4) 90 pf/rh 2/ 4
H.F. _____ and immunizations authorized by this subsection to a patients 1 primary health care provider, primary physician, and a the 2 statewide immunization registry or health information network . 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanations substance by the members of the general assembly. 6 This bill requires a health care professional who 7 is authorized to order or administer vaccinations and 8 immunizations, in addition to any other requirements applicable 9 to the health care professional relating to the ordering or 10 administration of vaccinations and immunizations, to become an 11 enrolled user and report the administration of vaccinations and 12 immunizations to the statewide immunization registry. The bill 13 authorizes the applicable health care professional licensing 14 boards to adopt administrative rules to administer the bill. 15 The bill makes conforming changes to eliminate the option of 16 reporting to a health information or a child immunization 17 information system network. The bill defines health care 18 professional for the purposes of the bill. A health care 19 professional who violates the bill is subject to licensee 20 discipline. 21 The bill also requires a health care professional who is 22 required to be an enrolled user and report the administration 23 of vaccinations and immunizations to the statewide immunization 24 registry to obtain, prior to making a report, written consent 25 or refusal from the patient, or if the patient is a minor, from 26 the minors parent or legal guardian, to advise the health 27 care professional regarding the reporting. The health care 28 professional shall submit a copy of the completed written 29 consent or refusal form to the statewide immunization registry. 30 A patient, or a minor patients parent or legal guardian, 31 as applicable, may withdraw or amend the written consent or 32 refusal at any time. If consent is subsequently withdrawn 33 by a patient or a minor patients parent or legal guardian, 34 the patients information shall be deleted from the statewide 35 -3- LSB 2144YC (4) 90 pf/rh 3/ 4
H.F. _____ immunization registry. 1 -4- LSB 2144YC (4) 90 pf/rh 4/ 4