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House
File
2126
-
Introduced
HOUSE
FILE
2126
BY
HARRIS
A
BILL
FOR
An
Act
relating
to
statute
of
limitations
for
dental
1
malpractice
claims
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5812YH
(2)
91
lh/jh
H.F.
2126
Section
1.
Section
614.1,
subsection
9,
paragraphs
a
and
b,
1
Code
2026,
are
amended
to
read
as
follows:
2
a.
Except
as
provided
in
paragraph
“b”
,
those
founded
on
3
injuries
to
the
person
or
wrongful
death
against
any
physician
4
and
surgeon,
osteopathic
physician
and
surgeon,
dentist,
5
podiatric
physician,
optometrist,
pharmacist,
chiropractor,
6
physician
assistant,
or
nurse,
licensed
under
chapter
147
,
or
a
7
hospital
licensed
under
chapter
135B
,
arising
out
of
patient
8
care
excluding
dental
care
,
within
two
years
after
the
date
9
on
which
the
claimant
knew,
or
through
the
use
of
reasonable
10
diligence
should
have
known,
or
received
notice
in
writing
of
11
the
existence
of,
the
injury
or
death
for
which
damages
are
12
sought
in
the
action,
whichever
of
the
dates
occurs
first,
13
but
in
no
event
shall
any
action
be
brought
more
than
six
14
years
after
the
date
on
which
occurred
the
act
or
omission
or
15
occurrence
alleged
in
the
action
to
have
been
the
cause
of
the
16
injury
or
death
unless
a
foreign
object
unintentionally
left
in
17
the
body
caused
the
injury
or
death.
18
b.
An
action
subject
to
paragraph
“a”
or
“c”
and
brought
19
on
behalf
of
a
minor
who
was
under
the
age
of
eight
years
when
20
the
act,
omission,
or
occurrence
alleged
in
the
action
occurred
21
shall
be
commenced
no
later
than
the
minor’s
tenth
birthday
or
22
as
provided
in
paragraph
“a”
,
whichever
is
later.
23
Sec.
2.
Section
614.1,
subsection
9,
Code
2026,
is
amended
24
by
adding
the
following
new
paragraph:
25
NEW
PARAGRAPH
.
c.
Except
as
provided
in
paragraph
“b”
,
26
those
founded
on
injuries
to
the
person
or
wrongful
death
27
against
any
dentist,
dental
surgeon,
registered
dental
28
hygienist,
or
registered
dental
assistant
licensed
under
29
chapter
153
arising
out
of
patient
dental
care,
within
five
30
years
after
the
date
on
which
the
claimant
knew,
or
through
31
the
use
of
reasonable
diligence
should
have
known,
or
received
32
notice
in
writing
of
the
existence
of,
the
injury
or
death
33
for
which
damages
are
sought
in
the
action,
whichever
of
the
34
dates
occurs
first,
but
in
no
event
shall
any
action
be
brought
35
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5812YH
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2
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2126
more
than
six
years
after
the
date
on
which
occurred
the
act
1
or
omission
or
occurrence
alleged
in
the
action
to
have
been
2
the
cause
of
the
injury
or
death
unless
a
foreign
object
3
unintentionally
left
in
the
body
caused
the
injury
or
death.
4
Sec.
3.
APPLICABILITY.
This
Act
applies
to
causes
of
action
5
that
arise
on
or
after
July
1,
2026.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
statute
of
limitations
for
dental
10
malpractice
claims.
11
Code
section
614.1
provides
certain
time
periods
civil
12
actions
may
be
brought
by
a
claimant.
Under
current
law,
a
13
claimant
may
pursue
a
malpractice
claim
for
injury
or
death
14
arising
out
of
patient
care
within
two
years
after
the
date
the
15
claimant
knew
or
should
have
known,
or
received
notice
of
the
16
injury
or
death,
whichever
date
occurs
first.
17
The
bill
specifies
that
a
civil
action
brought
by
a
claimant
18
against
any
dentist,
dental
surgeon,
registered
dental
19
hygienist,
or
registered
dental
assistant
for
injury
or
death
20
arising
out
of
patient
dental
care
may
be
brought
by
the
21
claimant
within
five
years
after
the
date
the
claimant
knew
or
22
should
have
known,
or
received
notice
of
the
injury
or
death,
23
whichever
date
occurs
first.
24
The
bill
applies
to
causes
of
action
that
arise
on
or
after
25
July
1,
2026.
26
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LSB
5812YH
(2)
91
lh/jh
2/
2