HF 2203 — A bill for an act relating to health care including protections for health care providers against disciplinary actions for acts or omissions related to COVID-19 and to experimental treatments for terminally ill persons, and including effective date provisions. (Formerly HF 2010.)
Last action — Referred to Human Resources.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021-2022 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
91 added · 51 removed91 line(s) added, 51 removed.
House File 2203 - IntroducedReprinted HOUSE FILE 2203 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HF 2010) (As Amended and Passed by the House March 2, 2022) A BILL FOR An Act relating to health care including protections for health care providers against disciplinary actions for acts or omissions related to COVID-19 and to experimental treatments for terminally ill persons, and including effective date provisions.
TLSBHF 5457HV2203 (3)(4) 89 pf/rhpf/rh/md H.F.
“Written informed consent” means a written document that is signed by the patient, a parent of a minor patient, or a LSBHF 5457HV2203 (3)(4) 89 -1- pf/rhpf/rh/md 1/31/4 H.F.
Section 144E.4, Code 2022, is amended by adding the following new subsection:
NEW SUBSECTION .
5.
This chapter does not create a duty for a hospital licensed under chapter 135B to credential any physician.
Sec.
7.
This chapter shall not create a private cause of action against a manufacturer of an investigational drug, biological product, or device, against a physician, health care practitioner, or facility that provides necessary follow-up care, or against any other person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to the eligible patient resulting from the investigational drug, biological product,HF or2203 device,(4) if89 the-2- manufacturerpf/rh/md or2/4 otherH.F. person or entity is complying in good faith with the terms of this chapter and has exercised reasonable care.
2203 product, or device, if the manufacturer or other person or entity is complying in good faith with the terms of this chapter and has exercised reasonable care.
7.8.
LSB144E.9 5457HVAssisting (3)suicide. 89 -2- pf/rh 2/3 H.F.
2203 144E.9 Assisting suicide.
8.9.
Section 686D.6, Code 2022, is amended to read as follows:
686D.6 Liability of and disciplinary actions against health care providers.
1.
A health care provider shall not be liable for civil damages or subject to disciplinary action by the health care provider’s licensing board for causing or contributing, directly or indirectly, to the death or injury of an individual as a result of the health care provider’s acts or omissions while providing or arranging health care in support of the state’s response to COVID-19.
This subsection shall apply to all of the following:
a.
Injury or death resulting from screening, assessing, diagnosing, caring for, or treating individuals with a suspected or confirmed case of COVID-19.
b.
Prescribing, administering, or dispensing a pharmaceutical for off-label use to treat a patient with a suspected or confirmed case of COVID-19.
c.
Acts or omissions while providing health care to individuals unrelated to COVID-19 when those acts or omissions support the state’s response to COVID-19, including any of the following:
(1) Delaying or canceling nonurgent or elective dental, medical, or surgical procedures, or altering the diagnosis or treatment of an individual in response to any federal or state statute, regulation, order, or public health guidance.
HF 2203 (4) 89 -3- pf/rh/md 3/4 H.F.
2203 (2) Diagnosing or treating patients outside the normal scope of the health care provider’s license or practice.
(3) Using medical devices, equipment, or supplies outside of their normal use for the provision of health care, including using or modifying medical devices, equipment, or supplies for an unapproved use.
(4) Conducting tests or providing treatment to any individual outside the premises of a health care facility.
(5) Acts or omissions undertaken by a health care provider because of a lack of staffing, facilities, medical devices, equipment, supplies, or other resources attributable to COVID-19 that renders the health care provider unable to provide the level or manner of care to any person that otherwise would have been required in the absence of COVID-19.
(6) Acts or omissions undertaken by a health care provider relating to use or nonuse of personal protective equipment.
2.
This section shall not relieve any person of liability for civil damages or a health care provider from disciplinary action by the health care provider’s licensing board for any act or omission which constitutes recklessness or willful misconduct.
Sec.
10.
EXPLANATIONHF The2203 inclusion(4) of89 this-4- explanationpf/rh/md does4/4 not constitute agreement with the explanation’s substance by the members of the general assembly.
This bill relates to experimental treatments for terminally ill persons.
The bill expands the definition of “eligible patient” to include a person who is receiving mechanical ventilation to prolong life.
Show all 45 changed lines (5 more)
The bill also expands the definition of an “investigational drug, biological product, or device” to include the off-label use of a drug as defined in the bill.
The bill replaces the current required involvement of the patient’s physician or the patient’s treating physician to instead require involvement from a physician or a treating physician to fulfill certain duties.
The bill expands protections relating to a private cause of action for certain persons complying in good faith with and exercising reasonable care under the bill.
The bill takes effect upon enactment.
LSB 5457HV (3) 89 -3- pf/rh 3/3
Show all 45 changed rows (5 more)
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Referred to Human Resources.
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Committee report, recommending passage.
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Subcommittee recommends passage.
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Subcommittee Meeting: 03/09/2022 2:30PM Room 217 Conference Room.
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Subcommittee: Costello, Bolkcom, and Green.
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Read first time, referred to Human Resources.
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Message from House.
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Immediate message.
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Passed House, yeas 62, nays 36.
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Amendment H-8053, yeas 97, nays 1 adopted.
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Amendment H-8105, yeas 98, nays 0, adopted.
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Amendment H-8105 filed.
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Amendment H-8053 filed.
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Introduced, placed on calendar.
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 150 not signed on
Sponsors (0)
None.
Co-sponsors (0)
None.
Not signed on (150)
150 members have not signed on to this bill.
Show all 150 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What is the current status of HF 2203?
- This bill died with 2021-2022 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HF 2203?
- Track HF 2203 free on One Click Politics — get push/email alerts when it moves.
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