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House Journal: Page 942: Tuesday, April 1, 1997

Teig           	Thomson        	Tyrrell        	Van Fossen     	
Van Maanen     	Vande Hoef     	Veenstra       	Weidman       
	Welter         	Mr. Speaker
 	 Corbett
The nays were, 42:
Bell           	Bernau         	Brand          	Burnett       
	Cataldo	Chapman        	Chiodo         	Cohoon         	Connors
       	Dinkla         	Doderer        	Dotzler        	Drees   
      	Falck          	Fallon         	Foege         
	Ford	Frevert        	Holveck        	Huser          	Jochum    
    	Kinzer         	Koenigs        	Kreiman        	Larkin     
   	Moreland       	Mundie         	Murphy         	Myers       
  	Osterhaus      	Reynolds-Knight	Richardson     	Scherrman    
 	Schrader       	Shoultz        	Taylor         	Thomas        
	Warnstadt      	Weigel         	Whitead        	Wise          
	Witt
Absent or not voting, none.
Amendment H-1481, as amended, was adopted.
Lamberti of Polk offered the following amendment H-1482 filed by
him and moved its adoption:

H-1482

 1     Amend House File 693 as follows:
 2     1.  By striking page 5, line 3, through page 6,
 3   line 3, and inserting the following:
 4     "3.  a.  In a civil action in which the condition
 5   of the plaintiff in whose favor the prohibition is
 6   made is an element or factor of the claim or defense
 7   of the adverse party or of any party claiming through
 8   or under the adverse party, the adverse party shall
 9   make a written request for records relating to the
10   condition alleged upon the plaintiff's counsel for a
11   legally sufficient patient's waiver under federal and
12   state law.  Upon receipt of a written request, the
13   plaintiff shall execute the patient's waiver and
14   release it to the adverse party making the request
15   within sixty days of receipt of the written request.
16   The patient's waiver may require a physician or
17   surgeon, physician assistant, or mental health
18   professional to do all of the following:
19     (1)  Provide a complete copy of the patient's
20   records including, but not limited to, any reports or
21   diagnostic imaging relating to the condition alleged.
22     (2)  Consult with the attorney for the adverse
23   party prior to providing testimony regarding the
24   plaintiff's medical history and the condition alleged

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