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 aphysician 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 11person'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 caseperson 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