House File 2411 - Introduced HOUSE FILE BY HUTTER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to creation of a medical review panel and the 2 admissibility of the panel's opinion in a medical malpractice 3 action. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5208HH 81 6 rh/je/5 PAG LIN 1 1 Section 1. NEW SECTION. 147.140 MEDICAL REVIEW PANEL. 1 2 1. Not less than twenty days after the filing of a 1 3 complaint initiating an action for damages for personal injury 1 4 or death against a health care provider based on the alleged 1 5 negligence of the health care provider in the practice of the 1 6 profession or occupation, either party may request the 1 7 formation of a medical review panel by serving a request by 1 8 certified mail or restricted certified mail upon all parties. 1 9 2. a. A medical review panel shall consist of one 1 10 attorney and three health care providers who hold a license to 1 11 practice in their profession. 1 12 b. Within forty=five days after filing the request for 1 13 formation of a medical review panel under subsection 1, the 1 14 parties shall select an attorney to act as panel chairperson 1 15 by agreement, each party to the action shall select one health 1 16 care provider, and the two selected health care providers 1 17 shall select the third health care provider. Two of the 1 18 health care providers selected shall practice in the same area 1 19 as the defendant. 1 20 c. The attorney member, acting as chairperson of the 1 21 medical review panel, shall prepare the opinion of the panel 1 22 but shall not vote. The chairperson shall expedite the 1 23 selection of the other panel members, convene the panel, and 1 24 expedite the panel's review of the proposed complaint. 1 25 3. Written evidence to be considered by the medical review 1 26 panel shall be promptly submitted by the respective parties. 1 27 The evidence may consist of medical charts, x=rays, lab 1 28 charts, treatises, depositions, and any other form of evidence 1 29 requested by the medical review panel. In addition, the panel 1 30 may consult with medical experts and examine reports of health 1 31 care providers necessary to fully inform the panel regarding 1 32 the issue to be decided. Both parties shall have full access 1 33 to any material submitted to the panel. 1 34 4. After reviewing all of the evidence and after 1 35 examination of the medical review panel by counsel 2 1 representing either party, the panel shall, within thirty 2 2 days, issue a written opinion as to whether or not the 2 3 evidence supports the conclusion the defendant acted or failed 2 4 to act within the appropriate standard of care as charged in 2 5 the complaint, and if so, whether the act or failure to act 2 6 was a factor in the plaintiff's injury. 2 7 5. A report of the expert opinion reached by the medical 2 8 review panel is admissible as evidence in any action 2 9 subsequently brought by the claimant. However, the expert 2 10 opinion is not conclusive and either party, at the party's 2 11 cost, has the right to call any member of the medical review 2 12 panel as a witness. 2 13 6. A member of a medical review panel formed pursuant to 2 14 this section shall not be civilly liable as a result of acts, 2 15 omissions, or decisions made in connection with the person's 2 16 service on the medical review panel. However, such immunity 2 17 from civil liability shall not apply if an act, omission, or 2 18 decision is made with malice. 2 19 7. For purposes of this section, "health care provider" 2 20 means a physician licensed under chapter 148, 150, or 150A, a 2 21 chiropractor licensed under chapter 151, a physical therapist 2 22 licensed pursuant to chapter 148A, an occupational therapist 2 23 licensed pursuant to chapter 148B, a podiatrist licensed 2 24 pursuant to chapter 149, a physician assistant licensed and 2 25 practicing under a supervising physician pursuant to chapter 2 26 148C, a licensed practical nurse, a registered nurse, or an 2 27 advanced registered nurse practitioner licensed pursuant to 2 28 chapter 152 or 152E, a respiratory therapist licensed pursuant 2 29 to chapter 152B, a dentist, dental hygienist, or dental 2 30 assistant registered or licensed to practice under chapter 2 31 153, an optometrist licensed pursuant to chapter 154, a 2 32 psychologist licensed pursuant to chapter 154B, a social 2 33 worker licensed pursuant to chapter 154C, a mental health 2 34 counselor or a marital and family therapist licensed pursuant 2 35 to chapter 154D, a pharmacist licensed pursuant to chapter 3 1 155A, or an emergency medical care provider certified pursuant 3 2 to chapter 147A. 3 3 EXPLANATION 3 4 This bill relates to the creation of a medical review panel 3 5 after a complaint initiating an action for damages for 3 6 personal injury or death against a health care provider has 3 7 been filed. 3 8 The bill provides that not less than 20 days after the 3 9 filing of a complaint initiating an action for damages for 3 10 personal injury or death against a health care provider based 3 11 on the alleged negligence of the health care provider in the 3 12 practice of the profession or occupation, either party may 3 13 request the formation of a medical review panel by serving a 3 14 request by certified mail or restricted certified mail upon 3 15 all parties. The panel must consist of one attorney and three 3 16 health care providers. The bill includes provisions relating 3 17 to the selection of the panel members and the chairperson of 3 18 the panel, the evidence received and reviewed by the panel, 3 19 and the opinion of the panel as to whether or not the evidence 3 20 supports the conclusion the defendant acted or failed to act 3 21 within the appropriate standard of care as charged in the 3 22 complaint, and if so, whether the act or failure to act was a 3 23 factor in the plaintiff's injury. 3 24 The bill provides that a report of the expert opinion 3 25 reached by the medical review panel is admissible as evidence 3 26 in any action subsequently brought by the plaintiff; however, 3 27 the expert opinion is not conclusive and either party, at the 3 28 party's cost, has the right to call any member of the medical 3 29 review panel as a witness. 3 30 The bill provides that a member of a medical review panel 3 31 shall not be civilly liable as a result of acts, omissions, or 3 32 decisions made in connection with the person's service on the 3 33 medical review panel. However, such immunity from civil 3 34 liability shall not apply if an act, omission, or decision is 3 35 made with malice. 4 1 For purposes of the bill, "health care provider" means a 4 2 physician licensed under Code chapter 148, 150, or 150A, a 4 3 chiropractor licensed under Code chapter 151, a physical 4 4 therapist licensed pursuant to Code chapter 148A, an 4 5 occupational therapist licensed pursuant to Code chapter 148B, 4 6 a podiatrist licensed pursuant to Code chapter 149, a 4 7 physician assistant licensed and practicing under a 4 8 supervising physician pursuant to Code chapter 148C, a 4 9 licensed practical nurse, a registered nurse, or an advanced 4 10 registered nurse practitioner licensed pursuant to Code 4 11 chapter 152 or 152E, a respiratory therapist licensed pursuant 4 12 to Code chapter 152B, a dentist, dental hygienist, or dental 4 13 assistant registered or licensed to practice under Code 4 14 chapter 153, an optometrist licensed pursuant to Code chapter 4 15 154, a psychologist licensed pursuant to Code chapter 154B, a 4 16 social worker licensed pursuant to Code chapter 154C, a mental 4 17 health counselor or a marital and family therapist licensed 4 18 pursuant to Code chapter 154D, a pharmacist licensed pursuant 4 19 to Code chapter 155A, or an emergency medical care provider 4 20 certified pursuant to Code chapter 147A. 4 21 LSB 5208HH 81 4 22 rh:rj/je/5