House
File
2203
H-8053
Amend
House
File
2203
as
follows:
1
1.
Page
3,
after
line
4
by
inserting:
2
<
Sec.
___.
Section
686D.6,
Code
2022,
is
amended
to
read
as
3
follows:
4
686D.6
Liability
of
and
disciplinary
actions
against
health
5
care
providers.
6
1.
A
health
care
provider
shall
not
be
liable
for
civil
7
damages
or
subject
to
disciplinary
action
by
the
health
8
care
provider’s
licensing
board
for
causing
or
contributing,
9
directly
or
indirectly,
to
the
death
or
injury
of
an
individual
10
as
a
result
of
the
health
care
provider’s
acts
or
omissions
11
while
providing
or
arranging
health
care
in
support
of
the
12
state’s
response
to
COVID-19.
This
subsection
shall
apply
to
13
all
of
the
following:
14
a.
Injury
or
death
resulting
from
screening,
assessing,
15
diagnosing,
caring
for,
or
treating
individuals
with
a
16
suspected
or
confirmed
case
of
COVID-19.
17
b.
Prescribing,
administering,
or
dispensing
a
18
pharmaceutical
for
off-label
use
to
treat
a
patient
with
a
19
suspected
or
confirmed
case
of
COVID-19.
20
c.
Acts
or
omissions
while
providing
health
care
to
21
individuals
unrelated
to
COVID-19
when
those
acts
or
omissions
22
support
the
state’s
response
to
COVID-19,
including
any
of
the
23
following:
24
(1)
Delaying
or
canceling
nonurgent
or
elective
dental,
25
medical,
or
surgical
procedures,
or
altering
the
diagnosis
or
26
treatment
of
an
individual
in
response
to
any
federal
or
state
27
statute,
regulation,
order,
or
public
health
guidance.
28
(2)
Diagnosing
or
treating
patients
outside
the
normal
29
scope
of
the
health
care
provider’s
license
or
practice.
30
(3)
Using
medical
devices,
equipment,
or
supplies
outside
31
of
their
normal
use
for
the
provision
of
health
care,
including
32
using
or
modifying
medical
devices,
equipment,
or
supplies
for
33
an
unapproved
use.
34
(4)
Conducting
tests
or
providing
treatment
to
any
35
-1-
HF
2203.3289
(1)
89
pf/rh
1/
2
#1.
individual
outside
the
premises
of
a
health
care
facility.
1
(5)
Acts
or
omissions
undertaken
by
a
health
care
provider
2
because
of
a
lack
of
staffing,
facilities,
medical
devices,
3
equipment,
supplies,
or
other
resources
attributable
to
4
COVID-19
that
renders
the
health
care
provider
unable
to
5
provide
the
level
or
manner
of
care
to
any
person
that
6
otherwise
would
have
been
required
in
the
absence
of
COVID-19.
7
(6)
Acts
or
omissions
undertaken
by
a
health
care
provider
8
relating
to
use
or
nonuse
of
personal
protective
equipment.
9
2.
This
section
shall
not
relieve
any
person
of
liability
10
for
civil
damages
or
a
health
care
provider
from
disciplinary
11
action
by
the
health
care
provider’s
licensing
board
for
any
12
act
or
omission
which
constitutes
recklessness
or
willful
13
misconduct.
>
14
2.
Title
page,
line
1,
after
<
relating
to
>
by
inserting
15
<
health
care
including
protections
for
health
care
providers
16
against
disciplinary
actions
for
acts
or
omissions
related
to
17
COVID-19
and
to
>
18
3.
By
renumbering
as
necessary.
19
______________________________
A.
MEYER
of
Webster
-2-
HF
2203.3289
(1)
89
pf/rh
2/
2
#2.
#3.