Text: H01500 Text: H01502 Text: H01500 - H01599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, H-1481, to House File 693 as
1 2 follows:
1 3 #1. Page 1, by striking lines 26 through 30 and
1 4 inserting the following:
1 5 "b. An action founded on injuries to the person or
1 6 wrongful death against a pediatrician or obstetrician,
1 7 physician assistant, or nurse, licensed under chapter
1 8 147, arising out of patient care, and brought on
1 9 behalf of a minor who was under the age of six years
1 10 when the act, omission, or occurrence alleged in the
1 11 action occurred, shall be commenced no later than the
1 12 minor's twelfth birthday. However, if the claimant
1 13 did not know and through the use of reasonable
1 14 diligence could not have been expected to know of the
1 15 act, omission, or occurrence until after the minor
1 16 reached the age of six years, then the action may be
1 17 brought pursuant to paragraph "a" on behalf of the
1 18 minor and may be commenced within the time periods
1 19 provided in paragraph "a". The provisions of this
1 20 paragraph shall not apply if the pediatrician or
1 21 obstetrician, physician assistant, or nurse warranted
1 22 orally or in written form regarding the success of the
1 23 delivery of the baby or the care of the minor under
1 24 the age of six, or the pediatrician or obstetrician,
1 25 physician assistant, or nurse misrepresented facts
1 26 regarding the delivery or care of the minor, or
1 27 fraudulently concealed information relating to the
1 28 delivery of the baby or the care of the minor, or a
1 29 foreign object unintentionally left in the body caused
1 30 the injury or death."
1 31 #2. Page 1, by inserting after line 46 the
1 32 following:
1 33 "# . Page 9, by inserting after line 15 the
1 34 following:
1 35 "Sec. ___. OBSTETRICAL STUDY.
1 36 1. a. The Iowa department of public health shall
1 37 conduct a study to verify the number of physicians by
1 38 county practicing in Iowa who are engaged in
1 39 obstetrical deliveries without regard to the
1 40 physicians' areas of practice, specialties, or the
1 41 areas of board certification. The department shall
1 42 further certify the number of specialists licensed as
1 43 obstetricians and gynecologists by county.
1 44 b. The department shall additionally request from
1 45 each physician engaged in obstetrical deliveries a
1 46 copy of the malpractice insurance coverage maintained
1 47 by each physician, the company providing the coverage,
1 48 the annual premium paid, and any applicable
1 49 deductible.
1 50 2. a. The department shall conduct the study
2 1 under subsection 1 within six months of the effective
2 2 date of this Act and shall annually update the study,
2 3 with a copy of the report to be delivered to the
2 4 general assembly each year by January 15.
2 5 b. The department shall include in the annual
2 6 report an analysis of the impact of this Act, if any,
2 7 on the number of claims or actions commenced against
2 8 physicians engaged in obstetrical deliveries. The
2 9 department shall also include in the annual report the
2 10 number and percentage of increase or decrease from the
2 11 previous year of physicians practicing in rural Iowa
2 12 engaged in the delivery of babies or care of minors
2 13 under the age of six.
2 14 3. The commissioner of insurance shall report by
2 15 January 15 of each year to the general assembly
2 16 whether medical malpractice premiums for pediatricians
2 17 and obstetricians have been reduced since the
2 18 effective date of this Act.
2 19 Sec. ___. APPLICABILITY DATE. The amendments to
2 20 section 614.1, subsection 9, shall apply to actions
2 21 filed after July 1, 1997.
2 22 Sec. ___. The amendments to section 614.1,
2 23 subsection 9, in this Act are repealed on June 30,
2 24 2000, and the Code editor shall return the language of
2 25 subsection 9 to the language of the 1997 Code of
2 26 Iowa."
2 27 "# . Title page, by striking line 5 and
2 28 inserting the following: "actions, joint and several
2 29 liability, and providing an applicability date.""
2 30 #3. By renumbering as necessary.
2 31
2 32
2 33
2 34 DINKLA of Guthrie
2 35 HF 693.220 77
2 36 tm/jj/28
Text: H01500 Text: H01502 Text: H01500 - H01599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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