Bill Text: IA HF341 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the statute of limitations for recovery from injuries sustained from treatment for identity disorder.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-02 - Introduced, referred to Judiciary. H.J. 276. [HF341 Detail]
Download: Iowa-2021-HF341-Introduced.html
House
File
341
-
Introduced
HOUSE
FILE
341
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
the
statute
of
limitations
for
recovery
from
1
injuries
sustained
from
treatment
for
identity
disorder.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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341
Section
1.
Section
614.1,
subsection
9,
paragraph
a,
Code
1
2021,
is
amended
to
read
as
follows:
2
a.
Except
as
provided
in
paragraph
“b”
or
“c”
,
those
3
founded
on
injuries
to
the
person
or
wrongful
death
against
4
any
physician
and
surgeon,
osteopathic
physician
and
surgeon,
5
dentist,
podiatric
physician,
optometrist,
pharmacist,
6
chiropractor,
physician
assistant,
or
nurse,
licensed
under
7
chapter
147
,
or
a
hospital
licensed
under
chapter
135B
,
arising
8
out
of
patient
care,
within
two
years
after
the
date
on
which
9
the
claimant
knew,
or
through
the
use
of
reasonable
diligence
10
should
have
known,
or
received
notice
in
writing
of
the
11
existence
of,
the
injury
or
death
for
which
damages
are
sought
12
in
the
action,
whichever
of
the
dates
occurs
first,
but
in
no
13
event
shall
any
action
be
brought
more
than
six
years
after
14
the
date
on
which
occurred
the
act
or
omission
or
occurrence
15
alleged
in
the
action
to
have
been
the
cause
of
the
injury
or
16
death
unless
a
foreign
object
unintentionally
left
in
the
body
17
caused
the
injury
or
death.
18
Sec.
2.
Section
614.1,
subsection
9,
Code
2021,
is
amended
19
by
adding
the
following
new
paragraph:
20
NEW
PARAGRAPH
.
c.
Those
founded
on
injuries
to
the
person
21
against
any
physician
and
surgeon,
osteopathic
physician
and
22
surgeon,
pharmacist,
chiropractor,
physician
assistant,
or
23
nurse,
licensed
under
chapter
147,
or
a
hospital
licensed
24
under
chapter
135B,
arising
out
of
patient
care
for
cross-sex
25
hormone
treatment,
surgery,
or
any
other
medical
intervention
26
or
device
associated
with
identity
disorder,
within
two
years
27
after
the
date
on
which
the
claimant
knew,
or
through
the
use
28
of
reasonable
diligence
should
have
known,
or
received
notice
29
in
writing
of
the
existence
of,
the
injury
for
which
damages
30
are
sought
in
the
action,
whichever
of
the
dates
occurs
first.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
amends
the
statute
of
limitations
for
medical
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2
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341
malpractice
for
a
person
who
is
seeking
damages
resulting
from
1
injuries
sustained
during
patient
care
for
cross-sex
hormone
2
treatment,
surgery,
or
any
other
medical
intervention
or
device
3
associated
with
the
identity
disorder.
4
Under
current
law,
the
medical
malpractice
statute
of
5
limitations
bars
actions
from
being
brought
more
than
two
years
6
after
the
discovery
of
the
injury
or
damage,
but
also
bars
7
actions
from
being
brought
more
than
six
years
after
the
injury
8
has
occurred
for
all
causes
of
actions.
The
bill
removes
the
9
six-year
limitation
for
injuries
arising
from
treatment
of
10
identity
disorder
but
provides
that
the
claimant
must
still
11
bring
the
action
within
two
years
of
discovery
of
the
injury.
12
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(2)
89
cm/jh
2/
2
