Bill Text: IA HF2405 | 2017-2018 | 87th General Assembly | Amended

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Bill Title: A bill for an act prohibiting a cause of action for wrongful birth or wrongful life, and including effective date and applicability provisions. (Formerly HF 2165.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-03-01 - Subcommittee: Schultz, Petersen, and Sinclair. S.J. 513. [HF2405 Detail]

Download: Iowa-2017-HF2405-Amended.html

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House File 2405 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HF 2165)
       (As Amended and Passed by the House February 27, 2018)

                                      A BILL FOR

  1 An Act prohibiting a cause of action for wrongful birth
  2    or wrongful life, and including effective date and
  3    applicability provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    HF 2405 (3) 87
    pf/rj/jh/md

PAG LIN



  1  1    Section 1.  NEW SECTION.  613.15B  Wrongful birth or wrongful
  1  2 life cause of action ==== prohibitions ==== exceptions.
  1  3    1.  A cause of action shall not arise and damages shall not
  1  4 be awarded, on behalf of any person, based on a wrongful birth
  1  5 claim that, but for an act or omission of the defendant, a
  1  6 child would not or should not have been born.
  1  7    2.  A cause of action shall not arise and damages shall not
  1  8 be awarded, on behalf of any person, based on a wrongful life
  1  9 claim that, but for an act or omission of the defendant, the
  1 10 person bringing the action would not or should not have been
  1 11 born.
  1 12    3.  The prohibitions specified in this section apply to any
  1 13 claim regardless of whether the child is born healthy or with a
  1 14 birth defect or disorder or other adverse medical condition.
  1 15 However, the prohibitions specified in this section shall not
  1 16 apply to any of the following:
  1 17    a.  A civil action for damages for an intentional or grossly
  1 18 negligent act or omission, including any act or omission that
  1 19 constitutes a public offense.
  1 20    b.  A civil action for damages for the intentional failure
  1 21 of a physician to comply with the duty imposed by licensure
  1 22 pursuant to chapter 148 to provide a patient with all
  1 23 information reasonably necessary to make decisions about a
  1 24 pregnancy.
  1 25    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate
  1 26 importance, takes effect upon enactment.
  1 27    Sec. 3.  APPLICABILITY.  This Act applies on or after the
  1 28 effective date of this Act to causes of action that accrue on
  1 29 or after that date.  A cause of action that accrues before the
  1 30 effective date of this Act is governed by the law in effect
  1 31 prior to the effective date of this Act.
       HF 2405 (3) 87
       pf/rj/jh/md