SF 2376 (LSB 5717SV (1) 87)

SENATE FILE 2376

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 2146)

A BILL FOR

An Act relating to reporting burn injuries to law enforcement.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 147.113A, Code 2018, is amended to read as follows:
   147.113A  Report of burn injuries.
   Any person licensed under the provisions of this subtitle who administers any treatment to a person suffering a burn which appears to be of a suspicious nature on the body suspicious burn injury, a burn to the upper respiratory tract, a laryngeal edema due to the inhalation of super-heated air, a second-degree or third-degree burn that covers five percent or more of the surface body area, or a burn injury that is likely to result in death, which appears to have been received in connection with the commission of a criminal offense, or to whom an application is made for treatment of any nature because of any such burn or burn injury, shall at once but not later than twelve hours after treatment was administered or application was made report the fact to law enforcement. The report shall be made to the law enforcement agency within whose jurisdiction the treatment was administered or application was made, or if ascertainable, to the law enforcement agency in whose jurisdiction the burn or burn injury occurred, stating the name of such person, the person’s residence if ascertainable, and giving a brief description of the burn or burn injury. Any provision of law or rule of evidence relative to confidential communications is suspended insofar as the provisions of this section are concerned.  A licensee making a report in good faith and exercising due care shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of the report. A cause of action shall not be brought against a licensee for failure to make a report pursuant to this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the reporting of burn injuries to law enforcement by health-related licensed professionals identified in Code section 147.2.
   Under current law, a health-related licensed professional who administers treatment to a person suffering a burn which appears to be of a suspicious nature on the body, a burn to the upper respiratory tract, a laryngeal edema due to the inhalation of super-heated air, or a burn injury that is likely to result in death is required to report such burn injuries to law enforcement. The bill also requires such a licensee to report a second-degree or third-degree burn that covers 5 percent or more of a person’s surface body area. 
   Under current law, any provision of law or rule of evidence relative to confidential communications is suspended. The bill provides that a licensee making a report in good faith and exercising due care shall have immunity from any liability, civil or criminal, that otherwise might be incurred or imposed a result of the report. The bill also provides that a cause of action shall not be brought against a licensee for failure to make a report.