S-3161

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

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CHARLES SCHNEIDER