House File 436 - Introduced HOUSE FILE 436 BY A. MEYER and BOSSMAN A BILL FOR An Act designating certain graduate medical residents as 1 employees of the state under the Iowa tort claims Act. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1746YH (4) 89 cm/jh

H.F. 436 Section 1. Section 669.2, subsection 4, Code 2021, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. “Employee of the state” also includes a 3 graduate medical resident licensed pursuant to section 148.5 4 working for a private or public hospital in Iowa. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill designates graduate medical residents working 9 in private or public hospitals and licensed pursuant to Code 10 section 148.5 as employees of the state under the Iowa tort 11 claims Act codified as Code chapter 669. 12 Under current law, graduate medical residents at state 13 hospitals are protected under the Iowa tort claims Act. 14 The Iowa tort claims Act provides that upon certification by 15 the attorney general that a defendant in a suit was an employee 16 of the state acting within the scope of the employee’s office 17 or employment at the time of the incident upon which the claim 18 is based, the suit commenced upon the claim shall be deemed to 19 be an action against the state and if the state is not already 20 a defendant, the state shall be substituted as the defendant in 21 place of the employee. 22 -1- LSB 1746YH (4) 89 cm/jh 1/ 1