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House Journal: Page 939: Tuesday, April 1, 1997

Bernau of Story offered the following amendment H-1511, to
amendment H-1481, filed by him from the floor and moved its
adoption:

H-1511

 1     Amend the amendment, H-1481, to House File 693 as
 2   follows:
 3     1.  Page 1, line 30, by inserting after the word
 4   "birthday" the following:  "or as provided in
 5   paragraph "a", whichever is later".
Amendment H-1511, to amendment H-1481, was adopted.
Dinkla of Guthrie offered the following amendment H-1501, to
amendment H-1481, filed by him from the floor and moved its
adoption:

H-1501

 1     Amend the amendment, H-1481, to House File 693 as
 2   follows:
 3     1.  Page 1, by striking lines 26 through 30 and
 4   inserting the following:
 5     "b.  An action founded on injuries to the person or
 6   wrongful death against a pediatrician or obstetrician,
 7   physician assistant, or nurse, licensed under chapter
 8   147, arising out of patient care, and brought on
 9   behalf of a minor who was under the age of six years
10   when the act, omission, or occurrence alleged in the
11   action occurred, shall be commenced no later than the
12   minor's twelfth birthday.  However, if the claimant
13   did not know and through the use of reasonable
14   diligence could not have been expected to know of the
15   act, omission, or occurrence until after the minor
16   reached the age of six years, then the action may be
17   brought pursuant to paragraph "a" on behalf of the
18   minor and may be commenced within the time periods
19   provided in paragraph "a".  The provisions of this
20   paragraph shall not apply if the pediatrician or
21   obstetrician, physician assistant, or nurse warranted
22   orally or in written form regarding the success of the
23   delivery of the baby or the care of the minor under
24   the age of six, or the pediatrician or obstetrician,
25   physician assistant, or nurse misrepresented facts
26   regarding the delivery or care of the minor, or
27   fraudulently concealed information relating to the
28   delivery of the baby or the care of the minor, or a
29   foreign object unintentionally left in the body caused
30   the injury or death."
31     2.  Page 1, by inserting after line 46 the
32   following:
33     "   .  Page 9, by inserting after line 15 the

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