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