Senate File 222 - Introduced SENATE FILE 222 BY ZAUN 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 2078XS (5) 87 tr/nh/rh

S.F. 222 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, including treatment of persistent Lyme disease, if 7 the recommendation or provision of such treatment meets all of 8 the following criteria, as applicable: 9 a. The treatment is provided after informed consent is 10 received from the patient and a prior examination of the 11 patient is conducted. 12 b. The licensee identifies a medical reason for recommending 13 or providing the use of alternative or complementary medicine 14 to treat the patient. 15 c. The treatment is provided after the licensee informs 16 the patient about the most commonly used treatment options and 17 describes to the patient the licensee’s education, experience, 18 and credentials regarding alternative or complementary 19 medicine. 20 d. The treatment will not, in the opinion of the licensee, 21 result in the direct and proximate death of or serious bodily 22 injury to the patient. 23 2. For purposes of this section, “alternative or 24 complementary medicine” means a medical treatment or practice, 25 other than the most commonly used medical treatment or practice 26 for a particular condition, that provides a reasonable 27 potential for improvement in a patient’s condition that is 28 not outweighed by the risk of the treatment or practice. 29 In instances where there has been a documented clinical or 30 laboratory diagnosis of Lyme disease or other tick-borne 31 disease, “alternative or complementary medicine” may include but 32 is not limited to administration of oral, intramuscular, or 33 intravenous antibiotics for periods of greater than four weeks. 34 Sec. 2. Section 147.136, Code 2017, is amended by adding the 35 -1- LSB 2078XS (5) 87 tr/nh/rh 1/ 3

S.F. 222 following new subsection: 1 NEW SUBSECTION . 1A. Damages in a civil action against a 2 person licensed by a board under this subtitle relating to the 3 recommendation or provision of alternative or complementary 4 medicine shall not exceed actual damages if the licensee 5 satisfied the provisions of section 147.56, unless the licensee 6 committed gross negligence or willful misconduct. 7 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 8 immediate importance, takes effect upon enactment. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill exempts licensees of health-related professions 13 provided for in Code chapter 147 from discipline based solely 14 on the licensee’s recommendation or provision of alternative or 15 complementary medicine to treat a patient, including treatment 16 of persistent Lyme disease, if the recommendation or provision 17 of such treatment meets certain criteria. 18 “Alternative or complementary medicine” is defined by the 19 bill as a medical treatment or practice, other than the most 20 commonly used medical treatment or practice for a particular 21 condition, that provides a reasonable potential for improvement 22 in a patient’s condition that is not outweighed by the risk of 23 the treatment. In instances where there has been a documented 24 clinical or laboratory diagnosis of Lyme disease or other 25 tick-borne disease, “alternative or complementary medicine” 26 may include but is not limited to administration of oral, 27 intramuscular, or intravenous antibiotics for periods of 28 greater than four weeks. 29 Alternative or complementary medicine may be provided 30 after informed consent is received from the patient and a 31 prior examination of the patient is conducted, the licensee 32 identifies a medical reason for recommending or providing such 33 treatment, the treatment is provided after the licensee informs 34 the patient about the most commonly used treatment options and 35 -2- LSB 2078XS (5) 87 tr/nh/rh 2/ 3

S.F. 222 describes to the patient the licensee’s education, experience, 1 and credentials regarding alternative or complementary 2 medicine, and the treatment will not, in the opinion of the 3 licensee, result in the direct and proximate death of or 4 serious bodily injury to the patient. 5 The bill provides that damages in a civil action against 6 a licensee relating to the recommendation or provision of 7 alternative or complementary medicine shall not exceed actual 8 damages if the licensee satisfied the provisions of the bill, 9 unless the licensee committed gross negligence or willful 10 misconduct. 11 The bill shall become effective upon enactment. 12 -3- LSB 2078XS (5) 87 tr/nh/rh 3/ 3