Senate File 2272 S-5063 Amend Senate File 2272 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 614.1, subsection 9, paragraph 4 a, Code 2016, is amended to read as follows: 5 a. Except as provided in paragraph “b” , those 6 founded on injuries to the person or wrongful death 7 against any physician and surgeon, osteopathic 8 physician and surgeon, dentist, podiatric physician, 9 optometrist, pharmacist, chiropractor, physician 10 assistant, or nurse, licensed under chapter 147 , or a 11 hospital licensed under chapter 135B , arising out of 12 patient care, within two years after the date on which 13 the claimant knew, or through the use of reasonable 14 diligence should have known, or received notice in 15 writing of the existence of, the injury or death for 16 which damages are sought in the action, whichever of 17 the dates occurs first, but in no event shall any 18 action be brought more than six years after the date 19 on which occurred the act or omission or occurrence 20 alleged in the action to have been the cause of the 21 injury or death unless a foreign object unintentionally 22 left in the body caused the injury or death or as 23 provided in paragraph “c” . 24 Sec. 2. Section 614.1, subsection 9, Code 2016, is 25 amended by adding the following new paragraph: 26 NEW PARAGRAPH . c. (1) An action subject to 27 paragraph “a” may be brought more than six years after 28 the date on which the act, omission, or occurrence 29 alleged in the action occurred if either of the 30 following are true: 31 (a) The plaintiff alleges in a pretrial motion and 32 the judge finds that the undisputed facts demonstrate 33 that the plaintiff was induced to refrain from 34 bringing a timely action by the defendant’s fraud, 35 -1- SF2272.2953 (2) 86 jh/nh 1/ 2 #1.

misrepresentation, or concealment of material facts or 1 that the plaintiff continued to receive medical care 2 from the defendant more than six years after the date 3 on which the act, omission, or occurrence alleged in 4 the action occurred and the substandard care alleged in 5 the action continued throughout the period of time the 6 defendant provided such care. 7 (b) The plaintiff alleges in a pretrial motion, the 8 judge determines that the facts are disputed, and the 9 jury finds that the plaintiff was induced to refrain 10 from bringing a timely action by the defendant’s fraud, 11 misrepresentation, or concealment of material facts or 12 that the plaintiff continued to receive medical care 13 from the defendant more than six years after the date 14 on which the act, omission, or occurrence alleged in 15 the action occurred and the substandard care alleged in 16 the action continued throughout the period of time the 17 defendant provided such care. 18 (2) This paragraph “c” does not supersede the 19 provisions of chapter 135P. > 20 2. Title page, by striking line 1 and inserting 21 < An Act relating to the statute of repose for medical 22 malpractice claims. > 23 ______________________________ STEVEN J. SODDERS -2- SF2272.2953 (2) 86 jh/nh 2/ 2 #2.