House Amendment 8330


PAG LIN

     1  1    Amend the amendment, H=8298, to House File 2494 as
     1  2 follows:
     1  3 #1.  Page 1, by striking lines 34 through 41 and
     1  4 inserting:
     1  5    <<Sec. ___.  NEW SECTION.  148F.3A  Insurance and
     1  6 liability.
     1  7    1.  If the board determines that liability insurance
     1  8 is available to licensed midwives at a cost comparable
     1  9 to that available for nurse midwives, the board shall
     1 10 mandate such coverage by rule. Until that time, a
     1 11 licensed midwife shall provide each client with a
     1 12 disclosure statement indicating that the midwife does
     1 13 not have liability insurance as provided  in section
     1 14 148F.5.
     1 15    2.  A midwife is personally liable for negligence or
     1 16 an act of malpractice. This liability cannot be waived
     1 17 and cannot be shielded through a corporate or other
     1 18 business structure.
     1 19    3.  The board shall form a task force, comprised of
     1 20 licensees and insurance professionals, to investigate
     1 21 the feasibility of forming an insurance pool for
     1 22 licensees.>
     1 23 #2.  Page 2, after line 11 by inserting:
     1 24    <___.  Page 7, after line 13 by inserting:
     1 25    Sec. ___.  LIABILITY.  Nothing in this Act shall
     1 26 preclude or limit liability established pursuant to any
     1 27 other section of the Code or other provision of law.
     1 28    Sec. ___.  REPEAL.  If an insurance pool is not
     1 29 formed or liability insurance is not available as
     1 30 described in section 148F.3A, as enacted in this Act,
     1 31 by June 30, 2011, this Act is repealed July 1, 2011. >>
     1 32 #3.  By renumbering as necessary.


                                        
          STRUYK of Pottawattamie
          HF2494.4737 (2) 83
          jr/nh

                                      -1-