Excepts vaccines on vaccine injury table from existing law granting a minor legal capacity to consent to medical treatment to prevent or treat STDs

State: IA
Bill Number: HF 2044
Position: SUPPORT
Action Required: Contact House Health and Human Services Committee Members, your Representative, & Senator, ask them to SUPPORT
Status: Referred to the House Health and Human Services Committee on 1/16/2024

Legislation Details:

HF 2044 was introduced and referred to the House Health and Human Services Committee on 1/16/2024. This bill is sponsored by House Representative Jeff Shipley

HF 2044 establishes an exception relating to vaccines to a minor's legal ability to consent to medical care or services for sexually transmitted disease or infection. This bill prohibits a minor from consenting to any vaccine included on the vaccine injury table under 42 U.S.C. §300aa-14

HF 2044 amends existing Iowa Code 139A.35 related to Minors and communicable and infectious diseases and poisonings to include the new exceptions under which a minor cannot consent to medical care services summarized as follows:

A With the exception of the provision of a vaccine included on the vaccine injury table under 42 U.S.C. §300aa-14, a minor shall have the legal capacity to act and give consent to medical care or services for the prevention, diagnosis, or treatment of a sexually transmitted disease or infection by a hospital, clinic, or health care provider. 

The bill explanation reads as follows:  

"Under Code section 135A.35, a minor has the legal capacity to act and give consent to provision of medical care or services to the minor for the prevention, diagnosis, or treatment of a sexually transmitted disease or infection by a hospital, clinic, or health care provider. Under the bill, the minor's legal capacity to consent under this Code section is limited such that a minor does not have legal capacity to consent to the provision of a vaccine included on the vaccine injury table under federal law." 

NVIC SUPPORTS HF 2044 because it protects a minor from consenting to a vaccine that is known to cause illness, disability, injury, or an adverse condition as represented in the Vaccine Injury Table document of petitions for compensation filed under the National Vaccine Injury Compensation Program. Just as a minor cannot consent to other risky activities, such as buying tobacco, firearms, or alcohol, a minor should not be able to consent to taking a vaccine that carries similar risks of injury or death. Laws that protect minors are justified as a minor may not possess the necessary ability to perform a risk versus benefit analysis prior to consenting to take a vaccine. NVIC supports informed consent. All individuals should be fully informed on all risks and benefits of any medical product, including vaccines, when making medical decisions. 

https://www.legis.iowa.gov/legislation/BillBook?ga=90&ba=HF%202044 - text, status, and history of HF 2044