House File 41
HOUSE FILE
BY TYMESON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to liability for the rendering of disaster and
2 emergency care by designated medical care professionals.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1431HH 80
5 rn/sh/8
PAG LIN
1 1 Section 1. Section 147A.10, Code 2003, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 4. A physician who voluntarily and
1 4 gratuitously, and other than in the ordinary course of the
1 5 physician's employment or practice, responds to a need for
1 6 medical care created by an emergency or a state or local
1 7 disaster shall not be subject to criminal liability by reason
1 8 of having issued or executed the orders for such care, and
1 9 shall not be liable for civil damages for acts or omissions
1 10 relating to the issuance or execution of the orders unless the
1 11 acts or omissions constitute recklessness. A physician's
1 12 designee, advanced registered nurse practitioner, or physician
1 13 assistant who voluntarily and gratuitously, and other than in
1 14 the ordinary course of the person's employment or practice,
1 15 responds to a need for medical care created by an emergency or
1 16 a state or local disaster shall not be subject to criminal
1 17 liability by reason of having issued or executed the orders
1 18 for such care that the physician's designee, advanced
1 19 registered nurse practitioner, or physician assistant is able
1 20 to provide without the supervision of a physician, and shall
1 21 not be liable for civil damages for acts or omissions relating
1 22 to the issuance or execution of the orders unless the acts or
1 23 omissions constitute recklessness.
1 24 Sec. 2. Section 148C.4, Code 2003, is amended to read as
1 25 follows:
1 26 148C.4 SERVICES PERFORMED BY ASSISTANTS.
1 27 1. A physician assistant may perform medical services when
1 28 the services are rendered under the supervision of the
1 29 physician or physicians specified in the physician assistant
1 30 license approved by the board. A trainee may perform medical
1 31 services when the services are rendered within the scope of an
1 32 approved program. For the purposes of this section, "medical
1 33 services rendered under the supervision of the physician or
1 34 physicians specified in the physician assistant license
1 35 approved by the board" includes making a pronouncement of
2 1 death for a patient whose death is anticipated if the death
2 2 occurs in a licensed hospital, a licensed health care
2 3 facility, a Medicare=certified home health agency, or a
2 4 Medicare=certified hospice program or facility, with notice of
2 5 the death to a physician and in accordance with the directions
2 6 of a physician.
2 7 2. Notwithstanding subsection 1, a physician assistant
2 8 licensed pursuant to this chapter or authorized to practice in
2 9 any other state who voluntarily and gratuitously, and other
2 10 than in the ordinary course of the physician assistant's
2 11 employment or practice, responds to a need for medical care
2 12 created by an emergency or a state or local disaster may
2 13 render such care that the physician assistant is able to
2 14 provide without the supervision of the physician or physicians
2 15 specified in the physician assistant license, or under such
2 16 supervision as is available. A physician who supervises a
2 17 physician assistant providing medical care pursuant to this
2 18 subsection shall not be required to meet the requirements of
2 19 section 148C.3, subsection 4, relating to supervising
2 20 physician qualifications.
2 21 EXPLANATION
2 22 This bill relates to exemptions from liability for medical
2 23 care provided by a physician, physician's designee, advanced
2 24 registered nurse practitioner, or physician's assistant in
2 25 response to an emergency or a state or local disaster. The
2 26 bill provides that a physician who voluntarily and
2 27 gratuitously, and other than in the ordinary course of
2 28 employment or practice, responds to a need for medical care
2 29 created by such an emergency or a state or local disaster
2 30 shall not be subject to criminal liability by reason of having
2 31 issued or executed the orders for such care, and shall not be
2 32 liable for civil damages for acts or omissions relating to the
2 33 issuance or execution of the orders unless the acts or
2 34 omissions constitute recklessness. The bill extends the same
2 35 exemption from liability to a physician's designee, advanced
3 1 registered nurse practitioner, or physician assistant who
3 2 voluntarily and gratuitously, and other than in the ordinary
3 3 course of their employment or practice, responds to a need for
3 4 medical care created by an emergency or a state or local
3 5 disaster, by reason of having issued or executed the orders
3 6 for such care that the physician's designee, advanced
3 7 registered nurse practitioner, or physician assistant is able
3 8 to provide without the supervision of a physician.
3 9 The bill makes corresponding changes relating to physician
3 10 assistants licensed pursuant to Code chapter 148C. The bill
3 11 provides that a physician assistant licensed to perform
3 12 medical services under the supervision of a physician or
3 13 physicians specified in the physician assistant's license, or
3 14 authorized to practice in any other state, who voluntarily and
3 15 gratuitously, and other than in the ordinary course of the
3 16 physician assistant's employment or practice, responds to a
3 17 need for medical care created by an emergency or a state or
3 18 local disaster may render care without the supervision of the
3 19 physician or physicians specified in the physician assistant
3 20 license, or under such supervision as is available. The bill
3 21 provides that a physician who supervises a physician assistant
3 22 providing this medical care shall not be required to meet the
3 23 requirements of Code section 148C.3, subsection 4, relating to
3 24 supervising physician qualifications.
3 25 LSB 1431HH 80
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