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UPDATE: 1/23/2024 - SF 2058 was referred to the Senate Health and Human Services Committee Subcommittee with Senators Jeff Edler, David D. Rowley, and Zach Wahls.
HF 2041 was introduced in the House and referred to the House Health and Human Services Committee on 1/16/2024. This bill is sponsored by Representative Jeff Shipley.
SF 2058 was introduced in the Senate and referred to the Senate Health and Human Services Committee on 1/17/2024. This bill is sponsored by Senator Dennis Guth.
HF 2041 and SF 2058 require the Iowa Department of Health and Human Services to require a patient's health care provider to obtain an opt-in written informed consent form from the patient or patient's parent if the patient is a minor prior to reporting vaccine administration to the statewide immunization registry or the Iowa Health Information Network (IHIN). These bills also allow the patient or patient's parent to amend or withdraw consent at any time and the patient's information shall be deleted from the statewide immunization registry or the IHIN.
HF 2041 and SF 2058 add a new section of code to state statute 139A titled the Communicable and Infectious Disease and Reporting Control Act. The new section 139A.8C titled "Statewide immunization registry and Iowa health information network - informed consent" provides the following patient consent and privacy protections summarized as follows:
- These bills require that Department of Health and Human Services requires a health care provider who administers vaccines and immunizations and is required to consult and review or report the administration of vaccines or immunizations, must obtain written informed consent from a patient or patient's guardian prior to reporting the administration of the vaccine or immunization to the statewide immunization registry or the Iowa Health Information Network (IHIN).
- The written informed consent must also provide the patient the option of consenting to sharing their information with any entity with access to the information contained in the statewide immunization record or the IHIN.
- The healthcare provider must submit a copy of the completed written informed consent form to the statewide immunization registry or IHIN.
- The patient or patient's guardian may amend or withdraw consent at any time and the patient's information shall be deleted from the statewide immunization registry or the IHIN.
- Only information regarding the administration of vaccines or immunizations of a patient from whom written informed consent has been obtained shall be reported.
NVIC SUPPORTS HF 2041 and SF 2058 because they prevent the theft of private medical records relating to vaccination and immunization by the Department of Health and Human Services and the negative consequences of being in a vaccine surveillance system and only those who opt-in to the system and provide their consent would be included. A person should not have to take extra steps by way of an opt-out program to prevent their private immunization records from being tracked by the State and be subjected to harassment over vaccines they have chosen not to take. That creates distrust in public health systems. It is wrong to assume consent and put the burden of opting out on law abiding citizens to track down opt-out forms and try and remove their records from the system after the reporting has taken place. Additionally, opting out of records tracking allows for a record of those who requested to opt-out or be removed from the system, essentially creating a list of people who refused to comply with the state immunization tracking system. While it is an inappropriate action by the state to surveil private individuals' vaccination decisions, these bills are a better option, allowing patients and their guardians to opt-in to sharing and allowing their immunization and vaccine records to be tracked by the statewide tracking system, the IHIN, and any third parties with access to the information within the database. NVIC supports informed consent to an opt-in system that protects the patient's privacy and confidential nature of vaccine and immunization records.
https://www.legis.iowa.gov/legislation/BillBook?ga=90&ba=HF%202041 - text, status, and history of HF 2041
https://www.legis.iowa.gov/legislation/BillBook?ga=90&ba=SF%202058 - text, status, and history of SF 2058
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