House File 2126 - Introduced HOUSE FILE 2126 BY HARRIS A BILL FOR An Act relating to statute of limitations for dental 1 malpractice claims and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5812YH (2) 91 lh/jh

H.F. 2126 Section 1. Section 614.1, subsection 9, paragraphs a and b, 1 Code 2026, are amended to read as follows: 2 a. Except as provided in paragraph “b” , those founded on 3 injuries to the person or wrongful death against any physician 4 and surgeon, osteopathic physician and surgeon, dentist, 5 podiatric physician, optometrist, pharmacist, chiropractor, 6 physician assistant, or nurse, licensed under chapter 147 , or a 7 hospital licensed under chapter 135B , arising out of patient 8 care excluding dental care , within two years after the date 9 on which the claimant knew, or through the use of reasonable 10 diligence should have known, or received notice in writing of 11 the existence of, the injury or death for which damages are 12 sought in the action, whichever of the dates occurs first, 13 but in no event shall any action be brought more than six 14 years after the date on which occurred the act or omission or 15 occurrence alleged in the action to have been the cause of the 16 injury or death unless a foreign object unintentionally left in 17 the body caused the injury or death. 18 b. An action subject to paragraph “a” or “c” and brought 19 on behalf of a minor who was under the age of eight years when 20 the act, omission, or occurrence alleged in the action occurred 21 shall be commenced no later than the minor’s tenth birthday or 22 as provided in paragraph “a” , whichever is later. 23 Sec. 2. Section 614.1, subsection 9, Code 2026, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . c. Except as provided in paragraph “b” , 26 those founded on injuries to the person or wrongful death 27 against any dentist, dental surgeon, registered dental 28 hygienist, or registered dental assistant licensed under 29 chapter 153 arising out of patient dental care, within five 30 years after the date on which the claimant knew, or through 31 the use of reasonable diligence should have known, or received 32 notice in writing of the existence of, the injury or death 33 for which damages are sought in the action, whichever of the 34 dates occurs first, but in no event shall any action be brought 35 -1- LSB 5812YH (2) 91 lh/jh 1/ 2

H.F. 2126 more than six years after the date on which occurred the act 1 or omission or occurrence alleged in the action to have been 2 the cause of the injury or death unless a foreign object 3 unintentionally left in the body caused the injury or death. 4 Sec. 3. APPLICABILITY. This Act applies to causes of action 5 that arise on or after July 1, 2026. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to statute of limitations for dental 10 malpractice claims. 11 Code section 614.1 provides certain time periods civil 12 actions may be brought by a claimant. Under current law, a 13 claimant may pursue a malpractice claim for injury or death 14 arising out of patient care within two years after the date the 15 claimant knew or should have known, or received notice of the 16 injury or death, whichever date occurs first. 17 The bill specifies that a civil action brought by a claimant 18 against any dentist, dental surgeon, registered dental 19 hygienist, or registered dental assistant for injury or death 20 arising out of patient dental care may be brought by the 21 claimant within five years after the date the claimant knew or 22 should have known, or received notice of the injury or death, 23 whichever date occurs first. 24 The bill applies to causes of action that arise on or after 25 July 1, 2026. 26 -2- LSB 5812YH (2) 91 lh/jh 2/ 2