HSB 502 (LSB 5385YC (3) 87)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE)

A BILL FOR

An Act relating to expert witness standards in medical malpractice lawsuits.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 147.139, subsections 3 and 4, Code 2018, are amended to read as follows:
   3.  If the defendant is board-certified in a specialty, the person is certified in the same or a substantially similar specialty by a board recognized by the American board of medical specialties, or the American osteopathic association, or the council on podiatric medical education.
   4.  a.  If the defendant is a licensed physician or osteopathic physician under chapter 148, the person is a physician or osteopathic physician licensed in this state or another state.
   b.  If the defendant is a licensed podiatric physician under chapter 149, the person is a podiatric physician licensed in this state or another state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill amends expert witness standards in medical malpractice lawsuits to include podiatric specialists.
   Code section 147.139 provides that if the standard of care given by a health care provider is at issue, the court shall only allow a person the plaintiff designates as an expert witness to qualify as an expert witness and to testify on the issue of the appropriate standard of care or breach of the standard of care if, among other criteria, the following is established.
   Under current law, if the defendant is board certified in a specialty, the person the plaintiff designates as an expert witness must be certified in the same or a substantially similar specialty by a board recognized by the American board of medical specialties or the American osteopathic association. The bill provides that the council on podiatric medical education may also be a recognizing organization. 
   Under current law, if the defendant is a licensed physician or osteopathic physician under Code chapter 148, the person the plaintiff designates as an expert witness must be a physician or osteopathic physician licensed in this state or another state. The bill requires that if the defendant is a licensed podiatric physician under Code chapter 149, the person the plaintiff designates as an expert witness must be a podiatric physician licensed in this state or another state.