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