Read the full stored bill text
Senate
File
189
-
Introduced
SENATE
FILE
189
BY
PETERSEN
,
DONAHUE
,
BISIGNANO
,
TRONE
GARRIOTT
,
TOWNSEND
,
STAED
,
QUIRMBACH
,
WINCKLER
,
WEINER
,
DOTZLER
,
BLAKE
,
and
BENNETT
A
BILL
FOR
An
Act
relating
to
medical
malpractice
by
exempting
claims
1
involving
sexual
assault
from
the
limitations
on
noneconomic
2
damages.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1566XS
(3)
91
cm/jh
S.F.
189
Section
1.
Section
147.136A,
subsection
3,
Code
2025,
is
1
amended
to
read
as
follows:
2
3.
The
limitation
on
damages
contained
in
this
section
shall
3
not
apply
as
to
a
defendant
if
that
any
of
the
following
are
4
true:
5
a.
That
defendant’s
actions
constituted
actual
malice.
6
b.
That
defendant’s
action
is
sexual
in
nature
regardless
of
7
either
of
the
following:
8
(1)
The
act
was
committed
under
auspice
of
providing
9
professional
diagnosis,
counseling,
or
treatment.
10
(2)
At
the
time
the
act
occurred,
the
patient
believed
the
11
act
was
for
medically
or
professionally
appropriate
diagnosis,
12
counseling,
or
treatment.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
creates
an
exception
to
a
medical
malpractice
17
limitation
on
damages
in
personal
injury
actions
that
involve
18
a
sexual
assault.
The
bill
provides
that
if
the
health
19
care
provider
is
a
defendant
in
a
personal
injury
action,
20
the
limitation
on
noneconomic
damages
does
not
apply
if
the
21
defendant’s
action
is
sexual
in
nature
regardless
of
if
the
22
action
was
committed
under
the
guise
of
medical
diagnosis,
23
counseling,
or
treatment
or
if
the
patient
believed
at
the
time
24
the
act
occurred
it
was
for
medical
diagnosis,
counseling,
or
25
treatment.
26
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