Bill Text: IA SSB3137 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to advertisements for legal services, including the use of health information and the content related to drugs and devices, and making penalties applicable.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-11 - Subcommittee Meeting: 02/13/2020 12:30PM RM 217. [SSB3137 Detail]
Download: Iowa-2019-SSB3137-Introduced.html
Senate
Study
Bill
3137
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
advertisements
for
legal
services,
including
1
the
use
of
health
information
and
the
content
related
to
2
drugs
and
devices,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
126.13
Advertisements
for
legal
1
services.
2
1.
An
advertisement
for
legal
services
soliciting
clients
3
who
may
allege
an
injury
from
a
drug
approved
by
the
United
4
States
food
and
drug
administration
must
include
the
following
5
warning
if
discontinuing
use
of
the
drug
may
result
in
injury:
6
“Do
not
stop
taking
a
prescribed
medication
without
first
7
consulting
with
your
doctor.
Discontinuing
a
prescribed
8
medication
without
your
doctor’s
advice
can
result
in
injury”.
9
2.
An
advertisement
for
legal
services
soliciting
clients
10
who
may
allege
an
injury
from
a
drug
approved
by
the
United
11
States
food
and
drug
administration
must
include
the
following
12
warning
if
discontinuing
use
of
the
drug
may
result
in
death:
13
“Do
not
stop
taking
a
prescribed
medication
without
first
14
consulting
with
your
doctor.
Discontinuing
a
prescribed
15
medication
without
your
doctor’s
advice
can
result
in
injury
16
or
death”.
17
3.
An
advertisement
for
legal
services
soliciting
clients
18
who
may
allege
an
injury
from
a
drug
or
device
approved
by
the
19
United
States
food
and
drug
administration
must
disclose
that
20
the
drug
or
device
remains
approved
by
the
United
States
food
21
and
drug
administration,
unless
the
drug
or
device
has
been
22
recalled
or
withdrawn.
23
Sec.
2.
Section
714.16,
subsection
2,
Code
2020,
is
amended
24
by
adding
the
following
new
paragraph:
25
NEW
PARAGRAPH
.
q.
(1)
It
is
an
unlawful
practice
for
a
26
person
advertising
legal
services
to
do
any
of
the
following:
27
(a)
Present
an
advertisement
as
a
“medical
alert”,
“health
28
alert”,
“consumer
alert”,
“public
service
announcement”,
or
29
words
of
similar
import.
30
(b)
Display
the
logo
of
a
federal
or
state
governmental
31
agency
in
the
advertisement
in
a
manner
that
suggests
32
affiliation
with
or
the
sponsorship
of
the
agency.
33
(c)
Use
the
word
“recall”
when
referring
to
a
product
that
34
has
not
been
recalled
by
a
governmental
agency
or
through
an
35
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agreement
between
a
manufacturer
and
a
governmental
agency.
1
(d)
Fail
to
identify
the
attorney
or
law
firm
that
will
2
represent
clients,
or
how
cases
will
be
referred
to
attorneys
3
or
law
firms
that
will
represent
clients,
if
the
sponsor
of
4
the
advertisement
may
not
represent
a
person
responding
to
the
5
advertisement.
6
(e)
Fail
to
identify
the
sponsor
of
the
advertisement
if
7
the
sponsor
is
not
the
attorney
or
law
firm
that
will
represent
8
clients.
9
(2)
It
is
an
unlawful
practice
for
a
person
to
use,
cause
to
10
be
used,
obtain,
sell,
transfer,
or
disclose
an
individual’s
11
protected
health
information,
without
the
individual’s
written
12
authorization,
for
the
purpose
of
soliciting
the
individual
13
for
legal
services.
As
used
in
this
subparagraph,
“protected
14
health
information”
means
the
same
as
defined
in
45
C.F.R.
15
§160.103.
A
person
who
violates
this
subparagraph
is
guilty
16
of
a
serious
misdemeanor.
This
subparagraph
shall
not
be
17
construed
to
restrict
a
person’s
ability
to
disclose
protected
18
health
information
to
the
person’s
attorney
in
the
course
of
19
a
legal
proceeding,
or
as
otherwise
permitted
or
required
by
20
state
or
federal
law.
21
(3)
Nothing
in
this
paragraph
shall
limit
or
otherwise
22
affect
the
authority
of
the
Iowa
supreme
court
to
regulate
23
the
practice
of
law
or
discipline
individuals
admitted
to
the
24
practice
of
law
before
the
Iowa
supreme
court.
25
Sec.
3.
Section
714.16,
Code
2020,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
7A.
Notwithstanding
the
maximum
civil
28
penalty
in
subsection
7,
if
a
court
finds
that
a
person
has
29
engaged
in
a
method,
act,
or
practice
declared
unlawful
under
30
subsection
2,
paragraph
“q”
,
with
the
intent
to
sell,
transfer,
31
or
use
protected
health
information
for
financial
gain,
the
32
attorney
general
may
request
and
the
court
may
impose
a
civil
33
penalty
not
to
exceed
two
hundred
and
fifty
thousand
dollars
34
per
violation.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
the
advertisement
of
legal
services
and
4
makes
penalties
applicable.
5
The
bill
establishes
certain
restrictions
on
the
6
advertisement
of
legal
services
soliciting
clients
who
7
may
allege
an
injury
from
a
drug.
The
bill
provides
that
8
such
advertisements
must
include
the
following
warning
if
9
discontinuing
use
of
the
drug
may
result
in
injury:
“Do
not
10
stop
taking
a
prescribed
medication
without
first
consulting
11
with
your
doctor.
Discontinuing
a
prescribed
medication
12
without
your
doctor’s
advice
can
result
in
injury”.
The
13
bill
also
provides
that
such
advertisements
must
include
the
14
following
warning
if
discontinuing
use
of
the
drug
may
result
15
in
death:
“Do
not
stop
taking
a
prescribed
medication
without
16
first
consulting
with
your
doctor.
Discontinuing
a
prescribed
17
medication
without
your
doctor’s
advice
can
result
in
injury
or
18
death”.
The
bill
requires
an
advertisement
for
legal
services
19
soliciting
clients
who
may
allege
an
injury
from
a
drug
or
20
device
to
disclose
that
the
drug
or
device
remains
approved
by
21
the
United
States
food
and
drug
administration,
unless
the
drug
22
or
device
has
been
recalled
or
withdrawn.
23
A
person
who
violates
these
advertisement
provisions
for
24
the
first
time
is
guilty
of
a
serious
misdemeanor,
and
a
person
25
who
violates
the
provisions
after
a
conviction
for
the
first
26
violation
is
guilty
of
an
aggravated
misdemeanor.
A
serious
27
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
28
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
An
29
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
30
than
two
years
and
a
fine
of
at
least
$625
but
not
more
than
31
$6,250.
32
The
bill
provides
that
it
is
an
unlawful
practice
under
Code
33
section
714.16
(consumer
frauds)
for
a
person
advertising
legal
34
services
to
do
any
of
the
following:
present
an
advertisement
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as
a
“medical
alert”,
“health
alert”,
“consumer
alert”,
“public
1
service
announcement”,
or
words
of
similar
import;
display
2
the
logo
of
a
federal
or
state
governmental
agency
in
the
3
advertisement
in
a
manner
that
suggests
affiliation
with
or
the
4
sponsorship
of
the
agency;
use
the
word
“recall”
when
referring
5
to
a
product
that
has
not
been
recalled;
fail
to
identify
the
6
attorney
or
law
firm
that
will
represent
clients,
or
how
cases
7
will
be
referred
to
attorneys
or
law
firms
that
will
represent
8
clients;
or
fail
to
identify
the
sponsor
of
the
advertisement
9
if
the
sponsor
is
not
the
attorney
or
law
firm
that
will
10
represent
clients.
11
The
bill
also
provides
that
it
is
an
unlawful
practice
for
12
a
person
to
use,
cause
to
be
used,
obtain,
sell,
transfer,
13
or
disclose
an
individual’s
protected
health
information,
14
without
the
individual’s
written
authorization,
for
the
purpose
15
of
soliciting
the
individual
for
legal
services.
The
bill
16
defines
“protected
health
information”
by
reference
to
federal
17
regulations,
as
individually
identifiable
health
information
18
that
is
transmitted
electronically,
maintained
in
electronic
19
media,
or
transmitted
or
maintained
in
any
other
form
or
20
medium.
21
A
violation
of
this
provision
is
a
serious
misdemeanor.
A
22
serious
misdemeanor
is
punishable
by
confinement
for
no
more
23
than
one
year
and
a
fine
of
at
least
$315
but
not
more
than
24
$1,875.
An
aggravated
misdemeanor
is
punishable
by
confinement
25
for
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
26
more
than
$6,250.
This
provision
does
not
restrict
a
person’s
27
ability
to
disclose
protected
health
information
to
their
28
attorney
in
the
course
of
a
legal
proceeding,
or
as
otherwise
29
required
or
permitted
by
law.
30
The
bill
provides
that
the
amendments
to
Code
section
714.16
31
shall
not
limit
or
otherwise
affect
the
authority
of
the
Iowa
32
supreme
court
to
regulate
the
practice
of
law
or
discipline
33
individuals
admitted
to
the
practice
of
law.
34
Pursuant
to
Code
section
714.16(7),
the
maximum
civil
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penalty
that
a
court
may
impose
for
engaging
in
an
unlawful
1
practice
is
$40,000
per
violation.
The
bill
provides
that
if
2
a
person
engaged
in
a
method,
act,
or
practice
declared
an
3
unlawful
practice
under
the
bill,
with
the
intent
to
sell,
4
transfer,
or
use
protected
health
information
for
financial
5
gain,
the
attorney
general
may
request
and
the
court
may
impose
6
a
civil
penalty
not
to
exceed
$250,000
per
violation.
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