House File 2149 - Introduced



                                       HOUSE FILE       
                                       BY  UPMEYER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to expert witness standards in a medical
  2    malpractice action.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5417YH 81
  5 rh/je/5

PAG LIN



  1  1    Section 1.  Section 147.139, Code 2005, is amended to read
  1  2 as follows:
  1  3    147.139  EXPERT WITNESS STANDARDS.
  1  4    If the standard of care given by a physician and surgeon
  1  5 licensed pursuant to chapter 148, or osteopathic physician and
  1  6 surgeon licensed pursuant to chapter 150A, or a dentist
  1  7 licensed pursuant to chapter 153, health care provider as
  1  8 defined in subsection 2 is at issue, the court shall only
  1  9 allow a person to qualify as an expert witness and to testify
  1 10 on the issue of the appropriate standard of care if the
  1 11 person's medical or dental qualifications relate directly to
  1 12 the medical problem or problems at issue and the type of
  1 13 treatment administered in the case person is licensed as a
  1 14 health care provider in this state and the person meets the
  1 15 following criteria:
  1 16    1.  If the party against whom or on whose behalf the
  1 17 testimony is offered is a specialist, the expert witness
  1 18 shall:
  1 19    a.  Be a specialist in the same specialty as the health
  1 20 care provider against whom or on whose behalf the testimony is
  1 21 offered or a specialist in a similar specialty that includes
  1 22 the evaluation, diagnosis, or treatment of the medical
  1 23 condition that is the subject of the claim and have prior
  1 24 experience treating similar patients.
  1 25    b.  Have devoted professional time during the three years
  1 26 immediately preceding the date of the occurrence that is the
  1 27 basis for the action to any of the following:
  1 28    (1)  The active clinical practice of, or consulting with
  1 29 respect to, the same or similar specialty that includes the
  1 30 evaluation, diagnosis, or treatment of the medical condition
  1 31 that is the subject of the claim and have prior experience
  1 32 treating similar patients.
  1 33    (2)  Instruction of students in an accredited health
  1 34 professional school or accredited residency or clinical
  1 35 research program in the same or similar specialty.
  2  1    (3)  A clinical research program that is affiliated with an
  2  2 accredited health professional school or accredited residency
  2  3 or clinical research program in the same or similar specialty.
  2  4    2.  If the health care provider against whom or on whose
  2  5 behalf the testimony is offered is a general practitioner, the
  2  6 expert witness must have devoted professional time during the
  2  7 five years immediately preceding the date of the occurrence
  2  8 that is the basis for the action to any of the following:
  2  9    a.  The active clinical practice or consultation as a
  2 10 general practitioner.
  2 11    b.  The instruction of students in an accredited health
  2 12 professional school or accredited residency program in the
  2 13 general practice of medicine.
  2 14    c.  A clinical research program that is affiliated with an
  2 15 accredited medical school or teaching hospital and that is in
  2 16 the general practice of medicine.
  2 17    3.  If the health care provider against whom or on whose
  2 18 behalf the testimony is offered is a health care provider
  2 19 other than a specialist or a general practitioner, the expert
  2 20 witness must have devoted professional time during the three
  2 21 years immediately preceding the date of the occurrence that is
  2 22 the basis for the action to any of the following:
  2 23    a.  The active clinical practice of, or consulting with
  2 24 respect to, the same or similar health profession as the
  2 25 health care provider against whom or on whose behalf the
  2 26 testimony is offered.
  2 27    b.  The instruction of students in an accredited health
  2 28 professional school or accredited residency program in the
  2 29 same or similar health profession in which the health care
  2 30 provider against whom or on whose behalf the testimony is
  2 31 offered.
  2 32    c.  A clinical research program that is affiliated with an
  2 33 accredited medical school or teaching hospital and that is in
  2 34 the same or similar health profession as the health care
  2 35 provider against whom or on whose behalf the testimony is
  3  1 offered.
  3  2    4.  For purposes of this section, "health care provider"
  3  3 means a physician or surgeon licensed pursuant to chapter 148,
  3  4 an osteopathic physician or surgeon licensed pursuant to
  3  5 chapter 150A, or a dentist licensed pursuant to chapter 153.
  3  6                           EXPLANATION
  3  7    This bill relates to expert witness standards in a medical
  3  8 malpractice case.
  3  9    The bill provides that if the standard of care given by a
  3 10 health care provider defined as a physician or surgeon
  3 11 licensed pursuant to Code chapter 148, an osteopathic
  3 12 physician or surgeon licensed pursuant to Code chapter 150A,
  3 13 or a dentist licensed pursuant to Code chapter 153 is at issue
  3 14 in a medical malpractice case, the court shall only allow a
  3 15 health care provider who is licensed in this state to qualify
  3 16 as an expert witness and to testify on the issue of the
  3 17 appropriate standard of care if the health care provider meets
  3 18 certain professional practice and educational criteria
  3 19 including instructional criteria, depending upon whether the
  3 20 party against whom or on whose behalf the testimony is offered
  3 21 is a specialist, a general practitioner, or a health care
  3 22 professional other than a specialist or a general
  3 23 practitioner.
  3 24    Current law relating to expert witness standards in a
  3 25 medical malpractice action allows a person to testify as an
  3 26 expert witness and to testify on the appropriate standard of
  3 27 care if the person's medical or dental qualifications relate
  3 28 directly to the medical problem at issue and the type of
  3 29 treatment provided.
  3 30 LSB 5417YH 81
  3 31 rh:rj/je/5