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Text: S03323                            Text: S03325
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 3324

Amendment Text

PAG LIN
  1  1    Amend Senate File 515 as follows:
  1  2    #1.  Page 20, by inserting after line 23 the
  1  3 following:
  1  4    "Sec. ___.  Section 622.10, unnumbered paragraph 1,
  1  5 Code 1997, is amended to read as follows:
  1  6    A practicing attorney, counselor, physician,
  1  7 surgeon, physician assistant, mental health
  1  8 professional, or the stenographer or confidential
  1  9 clerk of any such person, who obtains information by
  1 10 reason of the person's employment, or a member of the
  1 11 clergy shall not be allowed, in giving testimony, to
  1 12 disclose any confidential communication properly
  1 13 entrusted to the person in the person's professional
  1 14 capacity, and necessary and proper to enable the
  1 15 person to discharge the functions of the person's
  1 16 office according to the usual course of practice or
  1 17 discipline.  The prohibition does not apply to cases
  1 18 where the person in whose favor the prohibition is
  1 19 made waives the rights conferred; nor does the
  1 20 prohibition apply to physicians or surgeons,
  1 21 physician's assistants, mental health professionals,
  1 22 or to the stenographer or confidential clerk of any
  1 23 physicians or surgeons, physician's assistants, or
  1 24 mental health professionals, in a civil action in
  1 25 which the condition of the person in whose favor the
  1 26 prohibition is made is an element or factor of the
  1 27 claim or defense of the person or of any party
  1 28 claiming through or under the person.  The prohibition
  1 29 also does not apply to cases in which the
  1 30 communication pertains to chemical test results of
  1 31 specimens of a person's blood, breath, or urine which
  1 32 are obtained under chapter 321J.  The evidence is
  1 33 admissible upon trial of the action only as it relates
  1 34 to the condition alleged."
  1 35    #2.  Title page 1, line 4, by inserting after the
  1 36 word "dramshop" the following:  "and other alcohol-
  1 37 related".
  1 38    #3.  By numbering and renumbering and changing
  1 39 internal references as necessary.  
  1 40 
  1 41 
  1 42                               
  1 43 TOM FLYNN
  1 44 SF 515.204 77
  1 45 lh/jj/28
     

Text: S03323                            Text: S03325
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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