Senate File 2175 - Introduced SENATE FILE 2175 BY PETERSEN A BILL FOR An Act relating to medical malpractice by exempting claims 1 involving sexual assault from the limitations on noneconomic 2 damages. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5092XS (2) 90 cm/jh

S.F. 2175 Section 1. Section 147.136A, subsection 3, Code 2024, is 1 amended to read as follows: 2 3. The limitation on damages contained in this section shall 3 not apply as to a defendant if that any of the following are 4 true: 5 a. That defendant’s actions constituted actual malice. 6 b. That defendant’s action is sexual in nature regardless of 7 either of the following: 8 (1) The act was committed under auspice of providing 9 professional diagnosis, counseling, or treatment. 10 (2) At the time the act occurred, the patient believed the 11 act was for medically or professionally appropriate diagnosis, 12 counseling, or treatment. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill creates an exception to a medical malpractice 17 limitation on damages in personal injury actions that involve 18 a sexual assault. The bill provides that if the health 19 care provider is a defendant in a personal injury action, 20 the limitation on noneconomic damages does not apply if the 21 defendant’s action is sexual in nature regardless of if the 22 action was committed under the guise of medical diagnosis, 23 counseling, or treatment or if the patient believed at the time 24 the act occurred it was for medical diagnosis, counseling, or 25 treatment. 26 -1- LSB 5092XS (2) 90 cm/jh 1/ 1