Bill Text: IA HF231 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to confidential communications between an emergency medical care provider and a patient. (See Cmte. Bill HF 448)
Spectrum: Slight Partisan Bill (Democrat 29-12)
Status: (Introduced - Dead) 2015-03-10 - Withdrawn. H.J. 533. [HF231 Detail]
Download: Iowa-2015-HF231-Introduced.html
House File 231 - Introduced HOUSE FILE BY OURTH, WOLFE, KOESTER, BAUDLER, LYKAM, BERRY, H. MILLER, STAED, KRESSIG, HANSON, JONES, WILLS, KLEIN, BYRNES, GRASSLEY, FINKENAUER, HEARTSILL, MOMMSEN, BROWN=POWERS, GAINES, MAXWELL, BENNETT, CARLSON, HUNTER, ABDUL=SAMAD, PRICHARD, HEDDENS, STECKMAN, RUNNING=MARQUARDT, FORBES, GUSTAFSON, HALL, DAWSON, COHOON, SMITH, DUNKEL, KEARNS, BEARINGER, RUFF, GASKILL, and STUTSMAN A BILL FOR 1 An Act relating to confidential communications between an 2 emergency medical care provider and a patient. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1431YH (4) 86 jh/nh PAG LIN 1 1 Section 1. Section 232.96, subsection 5, Code 2015, is 1 2 amended by striking the subsection and inserting in lieu 1 3 thereof the following: 1 4 5. Sections 622.9 and 622.10 and any other statute or rule 1 5 of evidence which excludes or makes privileged the testimony 1 6 of a husband or wife against the other or the testimony of 1 7 a health practitioner or mental health professional as to 1 8 confidential communications do not apply to evidence at an 1 9 adjudicatory hearing. 1 10 Sec. 2. Section 622.10, subsections 1, 2, 3, and 5, Code 1 11 2015, are amended to read as follows: 1 12 1. A practicing attorney, counselor,physician, surgeon, 1 13 physician assistant, advanced registered nurse practitioner 1 14health practitioner, mental health professional, or the 1 15 stenographer or confidential clerk of any such person, who 1 16 obtains information by reason of the person's employment, 1 17 or a member of the clergy shall not be allowed, in giving 1 18 testimony, to disclose any confidential communication properly 1 19 entrusted to the person in the person's professional capacity, 1 20 and necessary and proper to enable the person to discharge the 1 21 functions of the person's office according to the usual course 1 22 of practice or discipline. 1 23 2. The prohibition does not apply to cases where the 1 24 person in whose favor the prohibition is made waives the 1 25 rights conferred; nor does the prohibition apply tophysicians 1 26 or surgeons, physician assistants, advanced registered 1 27 nurse practitionershealth practitioners, mental health 1 28 professionals, or to the stenographer or confidential clerk 1 29 of anyphysicians or surgeons, physician assistants, advanced 1 30 registered nurse practitioners, or mental health professionals 1 31such person, in a civil action in which the condition of the 1 32 person in whose favor the prohibition is made is an element 1 33 or factor of the claim or defense of the person or of any 1 34 party claiming through or under the person. The evidence is 1 35 admissible upon trial of the action only as it relates to the 2 1 condition alleged. 2 2 3. a. In a civil action in which the condition of the 2 3 plaintiff in whose favor the prohibition is made is an element 2 4 or factor of the claim or defense of the adverse party or of 2 5 any party claiming through or under the adverse party, the 2 6 adverse party shall make a written request for records relating 2 7 to the condition alleged upon the plaintiff's attorney for a 2 8 legally sufficient patient's waiver under federal and state 2 9 law. Upon receipt of a written request, the plaintiff shall 2 10 execute a legally sufficient patient's waiver and release it 2 11 to the adverse party making the request within sixty days of 2 12 receipt of the written request. The patient's waiver may 2 13 require aphysician or surgeon, physician assistant, advanced 2 14 registered nurse practitioner,health practitioner or mental 2 15 health professional to do all of the following: 2 16 (1) Provide a complete copy of the patient's records 2 17 including but not limited to any reports or diagnostic imaging 2 18 relating to the condition alleged. 2 19 (2) Consult with the attorney for the adverse party prior 2 20 to providing testimony regarding the plaintiff's medical 2 21 history and the condition alleged and opinions regarding health 2 22 etiology and prognosis for the condition alleged subject to the 2 23 limitations in paragraphs "c" and "e". 2 24 b. If a plaintiff fails to sign a waiver within the 2 25 prescribed time period, the court may order disclosure or 2 26 compliance. The failure of a party to comply with the court's 2 27 order may be grounds for dismissal of the action or any other 2 28 relief authorized under the rules of civil procedure. 2 29 c. Anyphysician or surgeon, physician assistant, advanced 2 30 registered nurse practitioner,health practitioner or mental 2 31 health professional who provides records, provides information 2 32 during consultation, or otherwise responds in good faith to a 2 33 request pursuant to paragraph "a" shall be immune with respect 2 34 to all civil or criminal penalties, claims, or actions of any 2 35 kind with respect to this section. 3 1 d. Anyphysician or surgeon, physician assistant, advanced 3 2 registered nurse practitioner,health practitioner or mental 3 3 health professional who provides records or consults with the 3 4 attorney for any party shall be entitled to charge a reasonable 3 5 fee for production of the records, diagnostic imaging, 3 6 and consultation. Any party seeking consultation shall be 3 7 responsible for payment of all charges. The fees for copies of 3 8 any records shall be as specified in subsection 6. 3 9 e.Defendant'sThe defendant's counsel shall provide 3 10 a written notice to the plaintiff's attorney in a manner 3 11 consistent with the Iowa rules of civil procedure providing for 3 12 notice of deposition at least ten days prior to any meeting 3 13 with the plaintiff'sphysician or surgeon, physician assistant, 3 14 advanced registered nurse practitioner,health practitioner 3 15 or mental health professional.Plaintiff'sThe plaintiff's 3 16 attorney has the right to be present at all such meetings, or 3 17 participate in telephonic communication with thephysician 3 18 or surgeon, physician assistant, advanced registered nurse 3 19 practitioner,health practitioner or mental health professional 3 20 and the attorney for the defendant. Prior to scheduling 3 21 any meeting or engaging in any communication with the 3 22physician or surgeon, physician assistant, advanced registered 3 23 nurse practitioner,health practitioner or mental health 3 24 professional, the attorney for the defendant shall confer with 3 25 the plaintiff's attorney to determine a mutually convenient 3 26 date and time for such meeting or telephonic communication. 3 27Plaintiff'sThe plaintiff's attorney may seek a protective 3 28 order structuring all communication by making application to 3 29 the court at any time. 3 30 f. The provisions of this subsection do not apply to actions 3 31 or claims brought pursuant to chapter 85, 85A, or 85B. 3 32 5. If an adverse party desires either to call as a 3 33 witness at the trial of the action or the oral deposition, 3 34 either discovery or evidentiary, of aphysician or surgeon, 3 35 physician assistant, advanced registered nurse practitioner, 4 1health practitioner or mental health professional to which 4 2 the prohibition would otherwise apply, or the stenographer 4 3 or confidential clerk ofa physician or surgeon, physician 4 4 assistant, advanced registered nurse practitioner, or mental 4 5 health professional or desires to call a physician or surgeon, 4 6 physician assistant, advanced registered nurse practitioner, 4 7 or mental health professional to which the prohibition would 4 8 otherwise apply or the stenographer or confidential clerk of a 4 9 physician or surgeon, physician assistant, advanced registered 4 10 nurse practitioner, or mental health professional as a witness 4 11 at the trial of the actionany such person, the adverse party 4 12 shall file an application with the court for permission to 4 13 do so. The court upon hearing, which shall not be ex parte, 4 14 shall grant permission unless the court finds that the evidence 4 15 sought does not relate to the condition alleged. At the 4 16 request of any party or at the request of the deponent, the 4 17 court shall fix a reasonable fee to be paid to aphysician 4 18 or surgeon, physician assistant, advanced registered nurse 4 19 practitioner,health practitioner or mental health professional 4 20 by the party taking the deposition or calling the witness. 4 21 Sec. 3. Section 622.10, subsection 6, paragraph e, 4 22 subparagraph (2), Code 2015, is amended to read as follows: 4 23 (2) "Provider" means anyphysician or surgeon, physician 4 24 assistant, advanced registered nurse practitionerhealth 4 25 practitioner, mental health professional, hospital, nursing 4 26 home, or other person, entity, facility, or organization that 4 27 furnishes, bills, or is paid for health care in the normal 4 28 course of business. 4 29 Sec. 4. Section 622.10, subsection 7, Code 2015, is amended 4 30 to read as follows: 4 31 7. For the purposes of this section, "mental health 4 32 professional": 4 33 a. "Emergency medical care provider" means the same as 4 34 defined in section 147A.1. 4 35 b. "Health practitioner" means a physician, surgeon, 5 1 physician assistant, advanced registered nurse practitioner, or 5 2 emergency medical care provider. 5 3 c. "Mental health professional" means a psychologist 5 4 licensed under chapter 154B, a registered nurse licensed under 5 5 chapter 152, a social worker licensed under chapter 154C, a 5 6 marital and family therapist licensed under chapter 154D, a 5 7 mental health counselor licensed under chapter 154D, or an 5 8 individual holding at least a master's degree in a related 5 9 field as deemed appropriate by the board of behavioral science. 5 10 EXPLANATION 5 11 The inclusion of this explanation does not constitute agreement with 5 12 the explanation's substance by the members of the general assembly. 5 13 This bill amends Code section 622.10 to prohibit an 5 14 emergency medical care provider from disclosing confidential 5 15 information which a patient disclosed to the emergency 5 16 medical care provider in the emergency medical care provider's 5 17 professional capacity. The privilege the bill creates between 5 18 a patient and an emergency medical care provider is identical 5 19 to the privilege that exists under current law between a 5 20 patient and a physician, surgeon, physician assistant, or 5 21 advanced registered nurse practitioner. 5 22 The bill defines "emergency medical care provider" as 5 23 the same as defined in Code section 147A.1, or an individual 5 24 trained to provide emergency and nonemergency medical care at 5 25 the emergency medical responder, emergency medical technician, 5 26 advanced emergency medical technician, paramedic, or other 5 27 certification levels adopted by rule by the department of 5 28 public health, who has been issued a certificate by the 5 29 department. 5 30 The bill provides several exceptions to the prohibition. 5 31 First, the patient may waive the prohibition. The prohibition 5 32 does not apply in a civil action in which the condition of 5 33 the patient is an element or factor of the claim or defense 5 34 of the patient. In a civil action in which the patient is a 5 35 plaintiff and the patient's condition is an element or factor 6 1 of the claim or defense of the adverse party, the bill provides 6 2 the procedure by which the adverse party may request or compel 6 3 the disclosure of the confidential communication made by the 6 4 patient to the emergency medical care provider. 6 5 Pursuant to Code section 232.74, the privilege does not 6 6 apply to evidence regarding a child's injuries or the cause of 6 7 such injuries in any judicial proceeding, civil or criminal, 6 8 which results from a report pursuant to Code chapter 232, 6 9 relating to juvenile justice. Finally, the privilege does not 6 10 apply in cases involving a petition which alleges that a child 6 11 is a child in need of assistance. LSB 1431YH (4) 86 jh/nh
