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