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House File 112 - IntroducedA Bill ForAn Act 1relating to alternative or complementary medicine,
2including exemptions from disciplinary action for persons
3licensed to practice health-related professions and a
4limitation on available damages in a civil action, and
5including effective date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 147.56 Alternative or complementary
2medical treatment — exemption from discipline.
31. A person licensed by a board under this subtitle shall
4not be subject to discipline under this chapter or the board’s
5enabling statute based solely on the licensee’s recommendation
6or provision of alternative or complementary medicine to treat
7a patient if the recommendation or provision of such treatment
8meets all of the following criteria, as applicable:
9a. The treatment is provided after informed consent is
10received from the patient and a prior examination of the
11patient is conducted.
12b. The licensee identifies a medical reason for recommending
13or providing the use of alternative or complementary medicine
14to treat the patient.
15c. The treatment is provided after the licensee informs
16the patient about conventional treatment options and describes
17to the patient the licensee’s education, experience, and
18credentials regarding alternative or complementary medicine.
19d. The treatment will not, in the opinion of the licensee,
20result in the direct and proximate death of or serious bodily
21injury to the patient.
222. For purposes of this section, “alternative or
23complementary medicine” means an unconventional medical
24treatment or practice that provides a reasonable potential for
25improvement in a patient’s condition that is not outweighed by
26the risk of the treatment. In instances where there has been
27a documented clinical or laboratory diagnosis of lyme disease
28or other tick-borne disease, “alternative or complementary
29medicine” may include but is not limited to administration of
30oral, intramuscular, or intravenous antibiotics for periods of
31greater than four weeks.
32 Sec. 2. Section 147.136, Code 2017, is amended by adding the
33following new subsection:
34 NEW SUBSECTION. 1A. Damages in a civil action against a
35person licensed by a board under this subtitle relating to the
-1-1recommendation or provision of alternative or complementary
2medicine shall not exceed actual damages if the licensee
3satisfied the provisions of section 147.56, unless the licensee
4committed gross negligence or willful misconduct.
5 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
6immediate importance, takes effect upon enactment.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill exempts licensees of health-related professions
11provided for in Code chapter 147 from discipline based solely
12on the licensee’s recommendation or provision of alternative or
13complementary medicine to treat a patient if the recommendation
14or provision of such treatment meets certain criteria.
15“Alternative or complementary medicine” is defined by the
16bill as an unconventional medical treatment or practice that
17provides a reasonable potential for improvement in a patient’s
18condition that is not outweighed by the risk of the treatment.
19In instances where there has been a documented clinical or
20laboratory diagnosis of lyme disease or other tick-borne
21disease, “alternative or complementary medicine” may include
22but is not limited to administration of oral, intramuscular, or
23intravenous antibiotics for periods of greater than four weeks.
24Alternative or complementary medicine may be provided
25after informed consent is received from the patient and a
26prior examination of the patient is conducted, the licensee
27identifies a medical reason for recommending or providing such
28treatment, the treatment is provided after the licensee informs
29the patient about conventional treatment options and describes
30to the patient the licensee’s education, experience, and
31credentials regarding alternative or complementary medicine,
32and the treatment will not, in the opinion of the licensee,
33result in the direct and proximate death of or serious bodily
34injury to the patient.
35The bill provides that damages in a civil action against
-2-1a licensee relating to the recommendation or provision of
2alternative or complementary medicine shall not exceed actual
3damages if the licensee satisfied the provisions of the bill,
4unless the licensee committed gross negligence or willful
5misconduct.
6The bill shall become effective upon enactment.
-3-tr/nh/rh
2including exemptions from disciplinary action for persons
3licensed to practice health-related professions and a
4limitation on available damages in a civil action, and
5including effective date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 147.56 Alternative or complementary
2medical treatment — exemption from discipline.
31. A person licensed by a board under this subtitle shall
4not be subject to discipline under this chapter or the board’s
5enabling statute based solely on the licensee’s recommendation
6or provision of alternative or complementary medicine to treat
7a patient if the recommendation or provision of such treatment
8meets all of the following criteria, as applicable:
9a. The treatment is provided after informed consent is
10received from the patient and a prior examination of the
11patient is conducted.
12b. The licensee identifies a medical reason for recommending
13or providing the use of alternative or complementary medicine
14to treat the patient.
15c. The treatment is provided after the licensee informs
16the patient about conventional treatment options and describes
17to the patient the licensee’s education, experience, and
18credentials regarding alternative or complementary medicine.
19d. The treatment will not, in the opinion of the licensee,
20result in the direct and proximate death of or serious bodily
21injury to the patient.
222. For purposes of this section, “alternative or
23complementary medicine” means an unconventional medical
24treatment or practice that provides a reasonable potential for
25improvement in a patient’s condition that is not outweighed by
26the risk of the treatment. In instances where there has been
27a documented clinical or laboratory diagnosis of lyme disease
28or other tick-borne disease, “alternative or complementary
29medicine” may include but is not limited to administration of
30oral, intramuscular, or intravenous antibiotics for periods of
31greater than four weeks.
32 Sec. 2. Section 147.136, Code 2017, is amended by adding the
33following new subsection:
34 NEW SUBSECTION. 1A. Damages in a civil action against a
35person licensed by a board under this subtitle relating to the
-1-1recommendation or provision of alternative or complementary
2medicine shall not exceed actual damages if the licensee
3satisfied the provisions of section 147.56, unless the licensee
4committed gross negligence or willful misconduct.
5 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
6immediate importance, takes effect upon enactment.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill exempts licensees of health-related professions
11provided for in Code chapter 147 from discipline based solely
12on the licensee’s recommendation or provision of alternative or
13complementary medicine to treat a patient if the recommendation
14or provision of such treatment meets certain criteria.
15“Alternative or complementary medicine” is defined by the
16bill as an unconventional medical treatment or practice that
17provides a reasonable potential for improvement in a patient’s
18condition that is not outweighed by the risk of the treatment.
19In instances where there has been a documented clinical or
20laboratory diagnosis of lyme disease or other tick-borne
21disease, “alternative or complementary medicine” may include
22but is not limited to administration of oral, intramuscular, or
23intravenous antibiotics for periods of greater than four weeks.
24Alternative or complementary medicine may be provided
25after informed consent is received from the patient and a
26prior examination of the patient is conducted, the licensee
27identifies a medical reason for recommending or providing such
28treatment, the treatment is provided after the licensee informs
29the patient about conventional treatment options and describes
30to the patient the licensee’s education, experience, and
31credentials regarding alternative or complementary medicine,
32and the treatment will not, in the opinion of the licensee,
33result in the direct and proximate death of or serious bodily
34injury to the patient.
35The bill provides that damages in a civil action against
-2-1a licensee relating to the recommendation or provision of
2alternative or complementary medicine shall not exceed actual
3damages if the licensee satisfied the provisions of the bill,
4unless the licensee committed gross negligence or willful
5misconduct.
6The bill shall become effective upon enactment.
-3-tr/nh/rh