Bill Text: IA HF112 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to alternative or complementary medicine, including exemptions from disciplinary action for persons licensed to practice health-related professions and a limitation on available damages in a civil action, and including effective date provisions. (See HF 577.)
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-03-14 - Withdrawn. H.J. 644. [HF112 Detail]
Download: Iowa-2017-HF112-Introduced.html
House File 112 - Introduced HOUSE FILE BY SALMON A BILL FOR 1 An Act relating to alternative or complementary medicine, 2 including exemptions from disciplinary action for persons 3 licensed to practice health=related professions and a 4 limitation on available damages in a civil action, and 5 including effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1138YH (4) 87 tr/nh/rh PAG LIN 1 1 Section 1. NEW SECTION. 147.56 Alternative or complementary 1 2 medical treatment == exemption from discipline. 1 3 1. A person licensed by a board under this subtitle shall 1 4 not be subject to discipline under this chapter or the board's 1 5 enabling statute based solely on the licensee's recommendation 1 6 or provision of alternative or complementary medicine to treat 1 7 a patient if the recommendation or provision of such treatment 1 8 meets all of the following criteria, as applicable: 1 9 a. The treatment is provided after informed consent is 1 10 received from the patient and a prior examination of the 1 11 patient is conducted. 1 12 b. The licensee identifies a medical reason for recommending 1 13 or providing the use of alternative or complementary medicine 1 14 to treat the patient. 1 15 c. The treatment is provided after the licensee informs 1 16 the patient about conventional treatment options and describes 1 17 to the patient the licensee's education, experience, and 1 18 credentials regarding alternative or complementary medicine. 1 19 d. The treatment will not, in the opinion of the licensee, 1 20 result in the direct and proximate death of or serious bodily 1 21 injury to the patient. 1 22 2. For purposes of this section, "alternative or 1 23 complementary medicine" means an unconventional medical 1 24 treatment or practice that provides a reasonable potential for 1 25 improvement in a patient's condition that is not outweighed by 1 26 the risk of the treatment. In instances where there has been 1 27 a documented clinical or laboratory diagnosis of lyme disease 1 28 or other tick=borne disease, "alternative or complementary 1 29 medicine" may include but is not limited to administration of 1 30 oral, intramuscular, or intravenous antibiotics for periods of 1 31 greater than four weeks. 1 32 Sec. 2. Section 147.136, Code 2017, is amended by adding the 1 33 following new subsection: 1 34 NEW SUBSECTION. 1A. Damages in a civil action against a 1 35 person licensed by a board under this subtitle relating to the 2 1 recommendation or provision of alternative or complementary 2 2 medicine shall not exceed actual damages if the licensee 2 3 satisfied the provisions of section 147.56, unless the licensee 2 4 committed gross negligence or willful misconduct. 2 5 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 2 6 immediate importance, takes effect upon enactment. 2 7 EXPLANATION 2 8 The inclusion of this explanation does not constitute agreement with 2 9 the explanation's substance by the members of the general assembly. 2 10 This bill exempts licensees of health=related professions 2 11 provided for in Code chapter 147 from discipline based solely 2 12 on the licensee's recommendation or provision of alternative or 2 13 complementary medicine to treat a patient if the recommendation 2 14 or provision of such treatment meets certain criteria. 2 15 "Alternative or complementary medicine" is defined by the 2 16 bill as an unconventional medical treatment or practice that 2 17 provides a reasonable potential for improvement in a patient's 2 18 condition that is not outweighed by the risk of the treatment. 2 19 In instances where there has been a documented clinical or 2 20 laboratory diagnosis of lyme disease or other tick=borne 2 21 disease, "alternative or complementary medicine" may include 2 22 but is not limited to administration of oral, intramuscular, or 2 23 intravenous antibiotics for periods of greater than four weeks. 2 24 Alternative or complementary medicine may be provided 2 25 after informed consent is received from the patient and a 2 26 prior examination of the patient is conducted, the licensee 2 27 identifies a medical reason for recommending or providing such 2 28 treatment, the treatment is provided after the licensee informs 2 29 the patient about conventional treatment options and describes 2 30 to the patient the licensee's education, experience, and 2 31 credentials regarding alternative or complementary medicine, 2 32 and the treatment will not, in the opinion of the licensee, 2 33 result in the direct and proximate death of or serious bodily 2 34 injury to the patient. 2 35 The bill provides that damages in a civil action against 3 1 a licensee relating to the recommendation or provision of 3 2 alternative or complementary medicine shall not exceed actual 3 3 damages if the licensee satisfied the provisions of the bill, 3 4 unless the licensee committed gross negligence or willful 3 5 misconduct. 3 6 The bill shall become effective upon enactment. LSB 1138YH (4) 87 tr/nh/rh
