Senate
File
465
S-3161
Amend
Senate
File
465
as
follows:
1
1.
Page
1,
by
striking
lines
1
and
2
and
inserting:
2
<
Section
1.
Section
135P.1,
subsections
1
and
2,
3
Code
2017,
are
amended
to
read
as
follows:
4
1.
“Adverse
health
care
incident”
means
an
objective
5
and
definable
outcome
arising
from
or
related
to
6
patient
care
that
results
in
the
death
or
serious
7
physical
injury
of
a
patient.
>
8
2.
Page
1,
line
28,
by
striking
<
or
>
9
3.
Page
1,
line
29,
by
striking
<
135C.1.
>
and
10
inserting
<
135C.1,
a
health
facility
as
defined
in
11
section
135P.1,
a
professional
corporation
under
12
chapter
496C
that
is
owned
by
persons
licensed
to
13
practice
a
profession
listed
in
this
paragraph,
or
any
14
other
person
or
entity
who
is
licensed,
certified,
or
15
otherwise
authorized
or
permitted
by
the
law
of
this
16
state
to
administer
health
care
in
the
ordinary
course
17
of
business
or
in
the
practice
of
a
profession.
>
18
4.
Page
2,
after
line
2
by
inserting:
19
<
d.
“Occurrence”
means
the
event,
incident,
or
20
happening,
and
the
acts
or
omissions
incident
thereto,
21
which
proximately
caused
injuries
or
damages
for
which
22
recovery
is
claimed
by
the
patient
or
the
patient’s
23
representative.
>
24
5.
Page
2,
by
striking
lines
3
through
8
and
25
inserting:
26
<
2.
The
total
amount
recoverable
in
any
civil
27
action
for
noneconomic
damages
for
personal
injury
or
28
death,
whether
in
tort,
contract,
or
otherwise,
against
29
a
health
care
provider
shall
be
limited
to
two
hundred
30
fifty
thousand
dollars
for
any
occurrence
resulting
31
in
injury
or
death
of
a
patient
regardless
of
the
32
number
of
plaintiffs,
derivative
claims,
theories
of
33
liability,
or
defendants
in
the
civil
action.
>
34
6.
Page
2,
by
striking
lines
12
through
31.
35
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SF465.1506
(4)
87
jh/nh
1/
3
#1.
#2.
#3.
#4.
#5.
7.
Page
3,
line
4,
after
<
person
>
by
inserting
<
the
1
plaintiff
designates
as
an
expert
witness
>
2
8.
Page
3,
by
striking
lines
9
and
10
and
inserting
3
<
case.
or
breach
of
the
standard
of
care
if
all
of
the
4
following
are
established
by
the
evidence:
>
5
9.
Page
3,
line
11,
after
<
same
>
by
inserting
<
or
a
6
substantially
similar
>
7
10.
Page
3,
line
17,
after
<
same
>
by
inserting
<
or
8
a
substantially
similar
>
9
11.
Page
3,
by
striking
lines
20
through
26.
10
12.
Page
3,
line
28,
after
<
same
>
by
inserting
<
or
11
a
substantially
similar
>
12
13.
Page
3,
after
line
30
by
inserting:
13
<
___.
If
the
defendant
is
a
licensed
physician
or
14
osteopathic
physician
under
chapter
148,
the
person
is
15
a
physician
or
osteopathic
physician
licensed
in
this
16
state
or
another
state.
>
17
14.
By
striking
page
3,
line
31,
through
page
4,
18
line
3.
19
15.
Page
4,
line
9,
by
striking
<
including
>
and
20
inserting
<
which
includes
>
21
16.
Page
4,
by
striking
lines
11
through
16
and
22
inserting
<
plaintiff
shall,
prior
to
the
commencement
23
of
discovery
in
the
case
and
within
sixty
days
of
24
the
defendant’s
answer,
serve
upon
the
defendant
a
25
certificate
of
merit
affidavit
signed
by
an
expert
26
witness
with
respect
to
the
issue
of
standard
of
care
27
and
an
alleged
breach
of
the
standard
of
care.
The
28
expert
witness
must
meet
the
qualifying
standards
of
29
section
147.139.
>
30
17.
Page
4,
by
striking
lines
25
through
30.
31
18.
By
striking
page
4,
line
33,
through
page
5,
32
line
4.
33
19.
Page
5,
after
line
8
by
inserting:
34
<
2A.
The
parties
shall
comply
with
the
requirements
35
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SF465.1506
(4)
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jh/nh
2/
3
#7.
#8.
#9.
#10.
#11.
#12.
#13.
#14.
#15.
#16.
#17.
#18.
#19.
of
section
668.11
and
all
other
applicable
law
1
governing
certification
and
disclosure
of
expert
2
witnesses.
>
3
20.
Page
5,
line
17,
after
<
shall
>
by
inserting
4
<
have
the
expert
witness
>
5
21.
Page
5,
line
18,
before
<
shall
>
by
inserting
6
<
the
plaintiff
>
7
22.
Page
5,
line
20,
by
striking
<
a.
>
8
23.
Page
5,
by
striking
lines
24
through
35.
9
24.
By
striking
page
6,
line
3,
through
page
7,
10
line
9.
11
25.
Title
page,
by
striking
lines
2
and
3
and
12
inserting
<
noneconomic
damage
awards
and
expert
13
witnesses.
>
14
26.
By
renumbering,
redesignating,
and
correcting
15
internal
references
as
necessary.
16
______________________________
CHARLES
SCHNEIDER
-3-
SF465.1506
(4)
87
jh/nh
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3
#20.
#21.
#22.
#23.
#24.
#25.
#26.