Bill Text: IA SF222 | 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 SF 480.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-01 - Subcommittee recommends amendment and passage. [SF222 Detail]
Download: Iowa-2017-SF222-Introduced.html
Senate File 222 - Introduced SENATE FILE BY ZAUN 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 2078XS (5) 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, including treatment of persistent Lyme disease, if 1 8 the recommendation or provision of such treatment meets all of 1 9 the following criteria, as applicable: 1 10 a. The treatment is provided after informed consent is 1 11 received from the patient and a prior examination of the 1 12 patient is conducted. 1 13 b. The licensee identifies a medical reason for recommending 1 14 or providing the use of alternative or complementary medicine 1 15 to treat the patient. 1 16 c. The treatment is provided after the licensee informs 1 17 the patient about the most commonly used treatment options and 1 18 describes to the patient the licensee's education, experience, 1 19 and credentials regarding alternative or complementary 1 20 medicine. 1 21 d. The treatment will not, in the opinion of the licensee, 1 22 result in the direct and proximate death of or serious bodily 1 23 injury to the patient. 1 24 2. For purposes of this section, "alternative or 1 25 complementary medicine" means a medical treatment or practice, 1 26 other than the most commonly used medical treatment or practice 1 27 for a particular condition, that provides a reasonable 1 28 potential for improvement in a patient's condition that is 1 29 not outweighed by the risk of the treatment or practice. 1 30 In instances where there has been a documented clinical or 1 31 laboratory diagnosis of Lyme disease or other tick=borne 1 32 disease, "alternative or complementary medicine" may include but 1 33 is not limited to administration of oral, intramuscular, or 1 34 intravenous antibiotics for periods of greater than four weeks. 1 35 Sec. 2. Section 147.136, Code 2017, is amended by adding the 2 1 following new subsection: 2 2 NEW SUBSECTION. 1A. Damages in a civil action against a 2 3 person licensed by a board under this subtitle relating to the 2 4 recommendation or provision of alternative or complementary 2 5 medicine shall not exceed actual damages if the licensee 2 6 satisfied the provisions of section 147.56, unless the licensee 2 7 committed gross negligence or willful misconduct. 2 8 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 2 9 immediate importance, takes effect upon enactment. 2 10 EXPLANATION 2 11 The inclusion of this explanation does not constitute agreement with 2 12 the explanation's substance by the members of the general assembly. 2 13 This bill exempts licensees of health=related professions 2 14 provided for in Code chapter 147 from discipline based solely 2 15 on the licensee's recommendation or provision of alternative or 2 16 complementary medicine to treat a patient, including treatment 2 17 of persistent Lyme disease, if the recommendation or provision 2 18 of such treatment meets certain criteria. 2 19 "Alternative or complementary medicine" is defined by the 2 20 bill as a medical treatment or practice, other than the most 2 21 commonly used medical treatment or practice for a particular 2 22 condition, that provides a reasonable potential for improvement 2 23 in a patient's condition that is not outweighed by the risk of 2 24 the treatment. In instances where there has been a documented 2 25 clinical or laboratory diagnosis of Lyme disease or other 2 26 tick=borne disease, "alternative or complementary medicine" 2 27 may include but is not limited to administration of oral, 2 28 intramuscular, or intravenous antibiotics for periods of 2 29 greater than four weeks. 2 30 Alternative or complementary medicine may be provided 2 31 after informed consent is received from the patient and a 2 32 prior examination of the patient is conducted, the licensee 2 33 identifies a medical reason for recommending or providing such 2 34 treatment, the treatment is provided after the licensee informs 2 35 the patient about the most commonly used treatment options and 3 1 describes to the patient the licensee's education, experience, 3 2 and credentials regarding alternative or complementary 3 3 medicine, and the treatment will not, in the opinion of the 3 4 licensee, result in the direct and proximate death of or 3 5 serious bodily injury to the patient. 3 6 The bill provides that damages in a civil action against 3 7 a licensee relating to the recommendation or provision of 3 8 alternative or complementary medicine shall not exceed actual 3 9 damages if the licensee satisfied the provisions of the bill, 3 10 unless the licensee committed gross negligence or willful 3 11 misconduct. 3 12 The bill shall become effective upon enactment. LSB 2078XS (5) 87 tr/nh/rh
