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House Journal: Page 943: Tuesday, April 1, 1997

25   and opinions regarding health etiology and prognosis
26   for the condition alleged subject to the limitations
27   in paragraph "c".
28     b.  If a plaintiff fails to sign a waiver within
29   the prescribed time period, the court may order
30   disclosure or compliance.  The failure of a party to
31   comply with the court's order may be grounds for
32   dismissal of the action or any other relief authorized
33   under the rules of civil procedure.
34     c.  Any physician or surgeon, physician assistant,
35   or mental health professional who provides records,
36   provides information during consultation, or otherwise
37   responds in good faith to a request pursuant to
38   paragraph "a" shall be immune with respect to all
39   civil or criminal penalties, claims, or actions of any
40   kind with respect to this section.
41     d.  Any physician or surgeon, physician assistant,
42   or mental health professional who provides records or
43   consults with the counsel for the adverse party shall
44   be entitled to charge a reasonable fee for production
45   of the records, diagnostic imaging, and consultation.
46   Any party seeking consultation shall be responsible
47   for payment of all charges.  The fee for copies of any
48   records shall be based upon actual cost of
49   production."
50     2.  Page 6, by striking lines 4 through 14 and

Page 2  

 1   inserting the following:
 2     "e.  Defendant's counsel shall provide a written
 3   notice to plaintiff's counsel at least ten days prior
 4   to any meeting with plaintiff's physician or surgeon,
 5   physician assistant, or mental health professional.
 6   Plaintiff's counsel may be present at all such
 7   meetings, or participate in telephonic communication
 8   with the physician or surgeon, physician assistant, or
 9   mental health professional and counsel for the
10   defendant.  Plaintiff's counsel may seek a protective
11   order structuring all communication by making
12   application to the court at any time."
13     3.  Page 6, by inserting after line 14 the
14   following:
15     "f.  The provisions of this subsection do not apply
16   to actions or claims brought pursuant to chapter 85,
17   85A, or 85B."
Amendment H-1482 was adopted.
Lamberti of Polk offered amendment H-1456 filed by him and
requested division as follows:

H-1456

 1     Amend House File 693 as follows:

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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