Bill Text: IA HF2203 | 2021-2022 | 89th General Assembly | Amended
Bill Title: A bill for an act relating to health care including protections for health care providers against disciplinary actions for acts or omissions related to COVID-19 and to experimental treatments for terminally ill persons, and including effective date provisions. (Formerly HF 2010.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-03-24 - Referred to Human Resources. S.J. 622. [HF2203 Detail]
Download: Iowa-2021-HF2203-Amended.html
House
File
2203
-
Reprinted
HOUSE
FILE
2203
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HF
2010)
(As
Amended
and
Passed
by
the
House
March
2,
2022
)
A
BILL
FOR
An
Act
relating
to
health
care
including
protections
for
health
1
care
providers
against
disciplinary
actions
for
acts
or
2
omissions
related
to
COVID-19
and
to
experimental
treatments
3
for
terminally
ill
persons,
and
including
effective
date
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
HF
2203
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H.F.
2203
Section
1.
Section
144E.2,
subsection
1,
paragraphs
a,
c,
1
and
e,
Code
2022,
are
amended
to
read
as
follows:
2
a.
Has
a
terminal
illness,
attested
to
by
the
patient’s
a
3
treating
physician
,
or
is
receiving
mechanical
ventilation
to
4
prolong
life
.
5
c.
Has
received
a
recommendation
from
the
individual’s
a
6
physician
for
an
investigational
drug,
biological
product,
or
7
device.
8
e.
Has
documentation
from
the
individual’s
a
physician
that
9
the
individual
meets
the
requirements
of
this
subsection
.
10
Sec.
2.
Section
144E.2,
subsection
2,
Code
2022,
is
amended
11
to
read
as
follows:
12
2.
“Investigational
drug,
biological
product,
or
device”
13
means
a
any
of
the
following:
14
a.
A
drug,
biological
product,
or
device
that
has
15
successfully
completed
phase
1
of
a
United
States
food
and
drug
16
administration-approved
clinical
trial
but
has
not
yet
been
17
approved
for
general
use
by
the
United
States
food
and
drug
18
administration
and
remains
under
investigation
in
a
United
19
States
food
and
drug
administration-approved
clinical
trial.
20
b.
An
off-label
use
of
a
drug.
21
Sec.
3.
Section
144E.2,
Code
2022,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
2A.
“Off-label
use
of
a
drug”
means
24
the
legal,
prescribed
use
of
a
drug
in
a
manner
different
25
from
that
described
on
the
United
States
food
and
drug
26
administration-approved
drug
label,
including
the
use
of
a
27
drug
for
a
different
disease
or
medical
condition
or
giving
28
a
drug
at
a
different
dose
or
through
a
different
route
of
29
administration
other
than
that
approved
by
the
United
States
30
food
and
drug
administration.
31
Sec.
4.
Section
144E.2,
subsection
4,
unnumbered
paragraph
32
1,
Code
2022,
is
amended
to
read
as
follows:
33
“Written
informed
consent”
means
a
written
document
that
34
is
signed
by
the
patient,
a
parent
of
a
minor
patient,
or
a
35
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legal
guardian
or
other
legal
representative
of
the
patient
and
1
attested
to
by
the
patient’s
a
treating
physician
and
a
witness
2
and
that
includes
all
of
the
following:
3
Sec.
5.
Section
144E.2,
subsection
4,
paragraphs
b
and
d,
4
Code
2022,
are
amended
to
read
as
follows:
5
b.
An
attestation
that
the
patient
concurs
with
the
6
patient’s
a
treating
physician
in
believing
that
all
products
7
and
treatments
approved
by
the
United
States
food
and
drug
8
administration
are
unlikely
to
prolong
the
patient’s
life.
9
d.
A
description
of
the
best
and
worst
potential
outcomes
10
of
using
the
investigational
drug,
biological
product,
or
11
device
and
a
realistic
description
of
the
most
likely
outcome.
12
The
description
shall
include
the
possibility
that
new,
13
unanticipated,
different,
or
worse
symptoms
might
result
14
and
that
death
could
be
hastened
by
use
of
the
proposed
15
investigational
drug,
biological
product,
or
device.
The
16
description
shall
be
based
on
the
a
treating
physician’s
17
knowledge
of
the
proposed
investigational
drug,
biological
18
product,
or
device
in
conjunction
with
an
awareness
of
the
19
patient’s
condition.
20
Sec.
6.
Section
144E.4,
Code
2022,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
5.
This
chapter
does
not
create
a
duty
23
for
a
hospital
licensed
under
chapter
135B
to
credential
any
24
physician.
25
Sec.
7.
Section
144E.8,
subsection
1,
Code
2022,
is
amended
26
to
read
as
follows:
27
1.
This
chapter
shall
not
create
a
private
cause
of
28
action
against
a
manufacturer
of
an
investigational
drug,
29
biological
product,
or
device
,
against
a
physician,
health
care
30
practitioner,
or
facility
that
provides
necessary
follow-up
31
care,
or
against
any
other
person
or
entity
involved
in
the
32
care
of
an
eligible
patient
using
the
investigational
drug,
33
biological
product,
or
device
for
any
harm
done
to
the
eligible
34
patient
resulting
from
the
investigational
drug,
biological
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product,
or
device,
if
the
manufacturer
or
other
person
or
1
entity
is
complying
in
good
faith
with
the
terms
of
this
2
chapter
and
has
exercised
reasonable
care.
3
Sec.
8.
Section
144E.9,
Code
2022,
is
amended
to
read
as
4
follows:
5
144E.9
Assisting
suicide.
6
This
chapter
shall
not
be
construed
to
allow
a
patient’s
7
treating
physician
to
assist
the
a
patient
in
committing
or
8
attempting
to
commit
suicide
as
prohibited
in
section
707A.2
.
9
Sec.
9.
Section
686D.6,
Code
2022,
is
amended
to
read
as
10
follows:
11
686D.6
Liability
of
and
disciplinary
actions
against
health
12
care
providers.
13
1.
A
health
care
provider
shall
not
be
liable
for
civil
14
damages
or
subject
to
disciplinary
action
by
the
health
15
care
provider’s
licensing
board
for
causing
or
contributing,
16
directly
or
indirectly,
to
the
death
or
injury
of
an
individual
17
as
a
result
of
the
health
care
provider’s
acts
or
omissions
18
while
providing
or
arranging
health
care
in
support
of
the
19
state’s
response
to
COVID-19.
This
subsection
shall
apply
to
20
all
of
the
following:
21
a.
Injury
or
death
resulting
from
screening,
assessing,
22
diagnosing,
caring
for,
or
treating
individuals
with
a
23
suspected
or
confirmed
case
of
COVID-19.
24
b.
Prescribing,
administering,
or
dispensing
a
25
pharmaceutical
for
off-label
use
to
treat
a
patient
with
a
26
suspected
or
confirmed
case
of
COVID-19.
27
c.
Acts
or
omissions
while
providing
health
care
to
28
individuals
unrelated
to
COVID-19
when
those
acts
or
omissions
29
support
the
state’s
response
to
COVID-19,
including
any
of
the
30
following:
31
(1)
Delaying
or
canceling
nonurgent
or
elective
dental,
32
medical,
or
surgical
procedures,
or
altering
the
diagnosis
or
33
treatment
of
an
individual
in
response
to
any
federal
or
state
34
statute,
regulation,
order,
or
public
health
guidance.
35
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(2)
Diagnosing
or
treating
patients
outside
the
normal
1
scope
of
the
health
care
provider’s
license
or
practice.
2
(3)
Using
medical
devices,
equipment,
or
supplies
outside
3
of
their
normal
use
for
the
provision
of
health
care,
including
4
using
or
modifying
medical
devices,
equipment,
or
supplies
for
5
an
unapproved
use.
6
(4)
Conducting
tests
or
providing
treatment
to
any
7
individual
outside
the
premises
of
a
health
care
facility.
8
(5)
Acts
or
omissions
undertaken
by
a
health
care
provider
9
because
of
a
lack
of
staffing,
facilities,
medical
devices,
10
equipment,
supplies,
or
other
resources
attributable
to
11
COVID-19
that
renders
the
health
care
provider
unable
to
12
provide
the
level
or
manner
of
care
to
any
person
that
13
otherwise
would
have
been
required
in
the
absence
of
COVID-19.
14
(6)
Acts
or
omissions
undertaken
by
a
health
care
provider
15
relating
to
use
or
nonuse
of
personal
protective
equipment.
16
2.
This
section
shall
not
relieve
any
person
of
liability
17
for
civil
damages
or
a
health
care
provider
from
disciplinary
18
action
by
the
health
care
provider’s
licensing
board
for
any
19
act
or
omission
which
constitutes
recklessness
or
willful
20
misconduct.
21
Sec.
10.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
22
immediate
importance,
takes
effect
upon
enactment.
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