House
File
112
-
Introduced
HOUSE
FILE
112
BY
SALMON
A
BILL
FOR
An
Act
relating
to
alternative
or
complementary
medicine,
1
including
exemptions
from
disciplinary
action
for
persons
2
licensed
to
practice
health-related
professions
and
a
3
limitation
on
available
damages
in
a
civil
action,
and
4
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
1138YH
(4)
87
tr/nh/rh
H.F.
112
Section
1.
NEW
SECTION
.
147.56
Alternative
or
complementary
1
medical
treatment
——
exemption
from
discipline.
2
1.
A
person
licensed
by
a
board
under
this
subtitle
shall
3
not
be
subject
to
discipline
under
this
chapter
or
the
board’s
4
enabling
statute
based
solely
on
the
licensee’s
recommendation
5
or
provision
of
alternative
or
complementary
medicine
to
treat
6
a
patient
if
the
recommendation
or
provision
of
such
treatment
7
meets
all
of
the
following
criteria,
as
applicable:
8
a.
The
treatment
is
provided
after
informed
consent
is
9
received
from
the
patient
and
a
prior
examination
of
the
10
patient
is
conducted.
11
b.
The
licensee
identifies
a
medical
reason
for
recommending
12
or
providing
the
use
of
alternative
or
complementary
medicine
13
to
treat
the
patient.
14
c.
The
treatment
is
provided
after
the
licensee
informs
15
the
patient
about
conventional
treatment
options
and
describes
16
to
the
patient
the
licensee’s
education,
experience,
and
17
credentials
regarding
alternative
or
complementary
medicine.
18
d.
The
treatment
will
not,
in
the
opinion
of
the
licensee,
19
result
in
the
direct
and
proximate
death
of
or
serious
bodily
20
injury
to
the
patient.
21
2.
For
purposes
of
this
section,
“alternative
or
22
complementary
medicine”
means
an
unconventional
medical
23
treatment
or
practice
that
provides
a
reasonable
potential
for
24
improvement
in
a
patient’s
condition
that
is
not
outweighed
by
25
the
risk
of
the
treatment.
In
instances
where
there
has
been
26
a
documented
clinical
or
laboratory
diagnosis
of
lyme
disease
27
or
other
tick-borne
disease,
“alternative
or
complementary
28
medicine”
may
include
but
is
not
limited
to
administration
of
29
oral,
intramuscular,
or
intravenous
antibiotics
for
periods
of
30
greater
than
four
weeks.
31
Sec.
2.
Section
147.136,
Code
2017,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
1A.
Damages
in
a
civil
action
against
a
34
person
licensed
by
a
board
under
this
subtitle
relating
to
the
35
-1-
LSB
1138YH
(4)
87
tr/nh/rh
1/
3
H.F.
112
recommendation
or
provision
of
alternative
or
complementary
1
medicine
shall
not
exceed
actual
damages
if
the
licensee
2
satisfied
the
provisions
of
section
147.56,
unless
the
licensee
3
committed
gross
negligence
or
willful
misconduct.
4
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
5
immediate
importance,
takes
effect
upon
enactment.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
exempts
licensees
of
health-related
professions
10
provided
for
in
Code
chapter
147
from
discipline
based
solely
11
on
the
licensee’s
recommendation
or
provision
of
alternative
or
12
complementary
medicine
to
treat
a
patient
if
the
recommendation
13
or
provision
of
such
treatment
meets
certain
criteria.
14
“Alternative
or
complementary
medicine”
is
defined
by
the
15
bill
as
an
unconventional
medical
treatment
or
practice
that
16
provides
a
reasonable
potential
for
improvement
in
a
patient’s
17
condition
that
is
not
outweighed
by
the
risk
of
the
treatment.
18
In
instances
where
there
has
been
a
documented
clinical
or
19
laboratory
diagnosis
of
lyme
disease
or
other
tick-borne
20
disease,
“alternative
or
complementary
medicine”
may
include
21
but
is
not
limited
to
administration
of
oral,
intramuscular,
or
22
intravenous
antibiotics
for
periods
of
greater
than
four
weeks.
23
Alternative
or
complementary
medicine
may
be
provided
24
after
informed
consent
is
received
from
the
patient
and
a
25
prior
examination
of
the
patient
is
conducted,
the
licensee
26
identifies
a
medical
reason
for
recommending
or
providing
such
27
treatment,
the
treatment
is
provided
after
the
licensee
informs
28
the
patient
about
conventional
treatment
options
and
describes
29
to
the
patient
the
licensee’s
education,
experience,
and
30
credentials
regarding
alternative
or
complementary
medicine,
31
and
the
treatment
will
not,
in
the
opinion
of
the
licensee,
32
result
in
the
direct
and
proximate
death
of
or
serious
bodily
33
injury
to
the
patient.
34
The
bill
provides
that
damages
in
a
civil
action
against
35
-2-
LSB
1138YH
(4)
87
tr/nh/rh
2/
3
H.F.
112
a
licensee
relating
to
the
recommendation
or
provision
of
1
alternative
or
complementary
medicine
shall
not
exceed
actual
2
damages
if
the
licensee
satisfied
the
provisions
of
the
bill,
3
unless
the
licensee
committed
gross
negligence
or
willful
4
misconduct.
5
The
bill
shall
become
effective
upon
enactment.
6
-3-
LSB
1138YH
(4)
87
tr/nh/rh
3/
3