Senate File 2376 - Introduced SENATE FILE 2376 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2146) A BILL FOR An Act relating to reporting burn injuries to law enforcement. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5717SV (1) 87 asf/rh
S.F. 2376 Section 1. Section 147.113A, Code 2018, is amended to read 1 as follows: 2 147.113A Report of burn injuries. 3 Any person licensed under the provisions of this subtitle 4 who administers any treatment to a person suffering a burn 5 which appears to be of a suspicious nature on the body 6 suspicious burn injury , a burn to the upper respiratory tract, 7 a laryngeal edema due to the inhalation of super-heated air, 8 a second-degree or third-degree burn that covers five percent 9 or more of the surface body area, or a burn injury that is 10 likely to result in death, which appears to have been received 11 in connection with the commission of a criminal offense, or 12 to whom an application is made for treatment of any nature 13 because of any such burn or burn injury , shall at once but not 14 later than twelve hours after treatment was administered or 15 application was made report the fact to law enforcement. The 16 report shall be made to the law enforcement agency within whose 17 jurisdiction the treatment was administered or application 18 was made, or if ascertainable, to the law enforcement agency 19 in whose jurisdiction the burn or burn injury occurred, 20 stating the name of such person, the person’s residence if 21 ascertainable, and giving a brief description of the burn or 22 burn injury. Any provision of law or rule of evidence relative 23 to confidential communications is suspended insofar as the 24 provisions of this section are concerned. A licensee making 25 a report in good faith and exercising due care shall have 26 immunity from any liability, civil or criminal, that might 27 otherwise be incurred or imposed as a result of the report. A 28 cause of action shall not be brought against a licensee for 29 failure to make a report pursuant to this section. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the reporting of burn injuries to law 34 enforcement by health-related licensed professionals identified 35 -1- LSB 5717SV (1) 87 asf/rh 1/ 2
S.F. 2376 in Code section 147.2. 1 Under current law, a health-related licensed professional 2 who administers treatment to a person suffering a burn which 3 appears to be of a suspicious nature on the body, a burn to 4 the upper respiratory tract, a laryngeal edema due to the 5 inhalation of super-heated air, or a burn injury that is likely 6 to result in death is required to report such burn injuries 7 to law enforcement. The bill also requires such a licensee 8 to report a second-degree or third-degree burn that covers 5 9 percent or more of a person’s surface body area. 10 Under current law, any provision of law or rule of evidence 11 relative to confidential communications is suspended. The bill 12 provides that a licensee making a report in good faith and 13 exercising due care shall have immunity from any liability, 14 civil or criminal, that otherwise might be incurred or imposed 15 a result of the report. The bill also provides that a cause of 16 action shall not be brought against a licensee for failure to 17 make a report. 18 -2- LSB 5717SV (1) 87 asf/rh 2/ 2