S.F. _____ Section 1. Section 147.139, Code 2013, is amended to read 1 as follows: 2 147.139 Expert witness testimony —— standards. 3 1. If the standard of care given by a physician and surgeon 4 or an osteopathic physician and surgeon licensed pursuant 5 to chapter 148 , or a dentist licensed pursuant to chapter 6 153 , is at issue, the court shall only allow a person to 7 qualify as an expert witness and to testify on the issue of 8 the appropriate standard of care if the person’s medical or 9 dental qualifications relate directly to the medical problem 10 or problems at issue and the type of treatment administered in 11 the case. 12 2. No more than two expert witnesses for each element of a 13 cause of action described in subsection 1 may be designated by 14 the parties unless the parties agree to additional experts or 15 the court orders additional experts for good cause shown. 16 Sec. 2. NEW SECTION . 611.24 Medical malpractice actions. 17 A district court shall try any action founded on injuries 18 to the person or wrongful death against any physician and 19 surgeon, osteopathic physician and surgeon, dentist, podiatric 20 physician, optometrist, pharmacist, chiropractor, physician 21 assistant, or nurse, licensed under chapter 147, or a hospital 22 licensed under chapter 135B, arising out of patient care, 23 within two years from the date the action is commenced unless 24 the parties agree to a later trial date or the court finds for 25 good cause shown, not ex parte, that an extension is necessary 26 and appropriate. 27 Sec. 3. HEALTH COURT PILOT PROJECT. The judicial branch 28 shall establish and administer a health court pilot project, 29 subject to available funding, in at least one judicial 30 district. The health court pilot project shall provide for the 31 appointment of one or more district judges with demonstrated 32 experience or expertise in medical malpractice litigation who 33 shall preside over all medical malpractice cases within the 34 judicial district. Each judge appointed to the health court 35 -1- LSB 1970XC (12) 85 rh/rj 1/ 3

S.F. _____ shall have a court reporter assigned to the judge who has 1 experience or expertise in medical malpractice cases. The 2 judicial branch and the pilot project judicial districts shall 3 report to the general assembly on the operation of the projects 4 annually by December 15. 5 Sec. 4. DEPARTMENT OF PUBLIC HEALTH TASK FORCE —— 6 UNNECESSARY MEDICAL PROCEDURES. The department of public 7 health shall convene a task force of stakeholders, subject 8 to available funding, to consider and offer recommendations 9 to assess the extent to which medical professionals in Iowa 10 perform unnecessary medical procedures. Stakeholders shall 11 include experts in law, medicine, health, and health financing 12 including but not limited to representatives from the Iowa 13 state bar association, Iowa association for justice, Iowa 14 medical society, Iowa hospital association, department of 15 human services, insurance commissioner, and federation of Iowa 16 insurers. The task force shall submit a report containing 17 recommendations to the general assembly by December 2, 2013. 18 EXPLANATION 19 This bill relates to medical malpractice actions. 20 EXPERT WITNESSES. The bill provides that no more than two 21 expert witnesses for each element of a medical malpractice 22 cause of action involving physicians or dentists may be 23 designated by the parties unless the parties agree to 24 additional experts or the court orders additional experts for 25 good cause shown. 26 MEDICAL MALPRACTICE ACTIONS —— RESOLUTION. The bill 27 provides that a district court shall try any action founded on 28 injuries to the person or wrongful death against any physician 29 and surgeon, osteopathic physician and surgeon, dentist, 30 podiatric physician, optometrist, pharmacist, chiropractor, 31 physician assistant, or nurse licensed under Code chapter 147 32 or a hospital licensed under Code chapter 135B, arising out 33 of patient care, within two years from the date the action is 34 commenced unless the parties agree to a later trial date or 35 -2- LSB 1970XC (12) 85 rh/rj 2/ 3

S.F. _____ the court finds for good cause shown, not ex parte, that an 1 extension is necessary and appropriate. 2 HEALTH COURT PILOT PROJECT. The bill requires the judicial 3 branch to establish and administer a health court pilot 4 project, subject to available funding, in at least one judicial 5 district. The health court pilot project shall provide for the 6 appointment of one or more district judges with demonstrated 7 experience or expertise in medical malpractice litigation who 8 shall preside over all medical malpractice cases within the 9 judicial district. Each judge appointed to the health court 10 shall have a court reporter assigned to the judge who has 11 experience or expertise in medical malpractice cases. The 12 judicial branch and the pilot project judicial districts shall 13 report to the general assembly on the operation of the projects 14 annually by December 15. 15 DEPARTMENT OF PUBLIC HEALTH TASK FORCE —— UNNECESSARY 16 MEDICAL PROCEDURES. The bill requires the department of 17 public health to convene a task force of stakeholders, subject 18 to available funding, to consider and offer recommendations 19 to assess the extent to which medical professionals in Iowa 20 perform unnecessary medical procedures. Stakeholders shall 21 include experts in law, medicine, health, and health financing 22 including but not limited to representatives from the Iowa 23 state bar association, Iowa association for justice, Iowa 24 medical society, Iowa hospital association, department of 25 human services, insurance commissioner, and federation of Iowa 26 insurers. The task force shall submit a report containing 27 recommendations to the general assembly by December 2, 2013. 28 -3- LSB 1970XC (12) 85 rh/rj 3/ 3