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House File 341 - IntroducedA Bill ForAn Act 1relating to the statute of limitations for recovery from
2injuries sustained from treatment for identity disorder.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.1, subsection 9, paragraph a, Code
22021, is amended to read as follows:
3a. Except as provided in paragraph “b” or “c”, those
4founded on injuries to the person or wrongful death against
5any physician and surgeon, osteopathic physician and surgeon,
6dentist, podiatric physician, optometrist, pharmacist,
7chiropractor, physician assistant, or nurse, licensed under
8chapter 147, or a hospital licensed under chapter 135B, arising
9out of patient care, within two years after the date on which
10the claimant knew, or through the use of reasonable diligence
11should have known, or received notice in writing of the
12existence of, the injury or death for which damages are sought
13in the action, whichever of the dates occurs first, but in no
14event shall any action be brought more than six years after
15the date on which occurred the act or omission or occurrence
16alleged in the action to have been the cause of the injury or
17death unless a foreign object unintentionally left in the body
18caused the injury or death.
19 Sec. 2. Section 614.1, subsection 9, Code 2021, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. c. Those founded on injuries to the person
22against any physician and surgeon, osteopathic physician and
23surgeon, pharmacist, chiropractor, physician assistant, or
24nurse, licensed under chapter 147, or a hospital licensed
25under chapter 135B, arising out of patient care for cross-sex
26hormone treatment, surgery, or any other medical intervention
27or device associated with identity disorder, within two years
28after the date on which the claimant knew, or through the use
29of reasonable diligence should have known, or received notice
30in writing of the existence of, the injury for which damages
31are sought in the action, whichever of the dates occurs first.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill amends the statute of limitations for medical
-1-1malpractice for a person who is seeking damages resulting from
2injuries sustained during patient care for cross-sex hormone
3treatment, surgery, or any other medical intervention or device
4associated with the identity disorder.
5Under current law, the medical malpractice statute of
6limitations bars actions from being brought more than two years
7after the discovery of the injury or damage, but also bars
8actions from being brought more than six years after the injury
9has occurred for all causes of actions. The bill removes the
10six-year limitation for injuries arising from treatment of
11identity disorder but provides that the claimant must still
12bring the action within two years of discovery of the injury.
-2-cm/jh
2injuries sustained from treatment for identity disorder.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 614.1, subsection 9, paragraph a, Code
22021, is amended to read as follows:
3a. Except as provided in paragraph “b” or “c”, those
4founded on injuries to the person or wrongful death against
5any physician and surgeon, osteopathic physician and surgeon,
6dentist, podiatric physician, optometrist, pharmacist,
7chiropractor, physician assistant, or nurse, licensed under
8chapter 147, or a hospital licensed under chapter 135B, arising
9out of patient care, within two years after the date on which
10the claimant knew, or through the use of reasonable diligence
11should have known, or received notice in writing of the
12existence of, the injury or death for which damages are sought
13in the action, whichever of the dates occurs first, but in no
14event shall any action be brought more than six years after
15the date on which occurred the act or omission or occurrence
16alleged in the action to have been the cause of the injury or
17death unless a foreign object unintentionally left in the body
18caused the injury or death.
19 Sec. 2. Section 614.1, subsection 9, Code 2021, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. c. Those founded on injuries to the person
22against any physician and surgeon, osteopathic physician and
23surgeon, pharmacist, chiropractor, physician assistant, or
24nurse, licensed under chapter 147, or a hospital licensed
25under chapter 135B, arising out of patient care for cross-sex
26hormone treatment, surgery, or any other medical intervention
27or device associated with identity disorder, within two years
28after the date on which the claimant knew, or through the use
29of reasonable diligence should have known, or received notice
30in writing of the existence of, the injury for which damages
31are sought in the action, whichever of the dates occurs first.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill amends the statute of limitations for medical
-1-1malpractice for a person who is seeking damages resulting from
2injuries sustained during patient care for cross-sex hormone
3treatment, surgery, or any other medical intervention or device
4associated with the identity disorder.
5Under current law, the medical malpractice statute of
6limitations bars actions from being brought more than two years
7after the discovery of the injury or damage, but also bars
8actions from being brought more than six years after the injury
9has occurred for all causes of actions. The bill removes the
10six-year limitation for injuries arising from treatment of
11identity disorder but provides that the claimant must still
12bring the action within two years of discovery of the injury.
-2-cm/jh