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Senate Study Bill 1051

Bill Text

PAG LIN
  1  1    Section 1.  Section 622.10, subsection 2, Code 2001, is
  1  2 amended to read as follows:
  1  3    2.  a.  The prohibition does not apply to cases where the
  1  4 person in whose favor the prohibition is made waives the
  1  5 rights conferred; nor does the prohibition apply to physicians
  1  6 or surgeons, physician assistants, advanced registered nurse
  1  7 practitioners, mental health professionals, or to the
  1  8 stenographer or confidential clerk of any physicians or
  1  9 surgeons, physician assistants, advanced registered nurse
  1 10 practitioners, or mental health professionals, in a civil
  1 11 action in which the condition of the person in whose favor the
  1 12 prohibition is made is an element or factor of the claim or
  1 13 defense of the person or of any party claiming through or
  1 14 under the person.  The evidence is admissible upon trial of
  1 15 the action only as it relates to the condition alleged.
  1 16    b.  Notwithstanding the prohibition in subsection 1,
  1 17 physicians or surgeons, physician assistants, advanced
  1 18 registered nurse practitioners, mental health professionals,
  1 19 or the stenographer or confidential clerk of any physicians or
  1 20 surgeons, physician assistants, advanced registered nurse
  1 21 practitioners, or mental health professionals, shall be
  1 22 permitted by the court to disclose information related to the
  1 23 facts or immediate circumstances of a homicide or related
  1 24 crime enumerated in chapter 707.  
  1 25                           EXPLANATION
  1 26    This bill amends the physician-patient privilege in Code
  1 27 section 622.10 to allow physicians, surgeons, physician
  1 28 assistants, advanced registered nurse practitioners, mental
  1 29 health professionals, or the stenographer or confidential
  1 30 clerk of any physicians, surgeons, physician assistants,
  1 31 advanced registered nurse practitioners, or mental health
  1 32 professionals to disclose otherwise privileged medical
  1 33 information when the disclosure relates to the facts or the
  1 34 immediate circumstances of a homicide or related crime
  1 35 enumerated in Code chapter 707.  
  2  1 LSB 1120DP 79
  2  2 rh/cls/14.1
     

Text: SSB01050                          Text: SSB01052
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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