Senate Study Bill 1136 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON HEALTH AND HUMAN SERVICES BILL BY CHAIRPERSON KLIMESH) A BILL FOR An Act relating to medical malpractice claims, including expert 1 witness certificate of merit affidavits, and including 2 effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2460XC (4) 91 cm/jh
S.F. _____ Section 1. Section 147.140, subsection 1, paragraphs a and 1 b, Code 2025, are amended to read as follows: 2 a. In any action for personal injury or wrongful death 3 against a health care provider based upon the alleged 4 negligence in the practice of that profession or occupation or 5 in patient care, which includes a cause of action for which 6 expert testimony is necessary to establish a prima facie case, 7 the plaintiff shall, prior to the commencement of discovery in 8 the case and within sixty days of the defendants answer, serve 9 upon the defendant a notarized certificate of merit affidavit 10 affidavits signed by an each expert witness with respect to the 11 issue all issues of standard of care , and an alleged breach 12 of the standard of care , and causation to be litigated in the 13 action . The Each expert witness must meet the qualifying 14 standards of section 147.139 . 15 b. A All certificate of merit affidavit affidavits must be 16 notarized, signed by the each expert witness , and certify the 17 purpose purposes for calling the expert witness by providing 18 under the oath of the expert witness all of the following: 19 (1) The expert witnesss statement of familiarity with the 20 applicable standard of care. 21 (2) The expert witnesss statement that the standard of care 22 was breached by the health care provider named in the petition. 23 (3) The expert witnesss statement that the breach caused 24 the personal injury or wrongful death. 25 Sec. 2. Section 147.140, subsection 6, Code 2025, is amended 26 to read as follows: 27 6. Failure to substantially comply with subsection 1 shall 28 result, upon motion, in dismissal with prejudice of each cause 29 of action as to which expert witness testimony is necessary to 30 establish a prima facie case. 31 Sec. 3. Section 147.140, Code 2025, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 6A. A motion challenging a certificate of 34 merit shall be made no later than sixty days from the date the 35 -1- LSB 2460XC (4) 91 cm/jh 1/ 3
S.F. _____ certificate of merit was filed. Once a motion to challenge a 1 certificate of merit is filed, a party shall not withdraw and 2 refile the certificate, except to provide missing expert or 3 notary signatures, nor shall a party voluntarily dismiss the 4 action and refile the certificate of merit. 5 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 6 importance, takes effect upon enactment. 7 Sec. 5. APPLICABILITY. This Act applies to causes of action 8 that arise on or after the effective date of this Act. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanations substance by the members of the general assembly. 12 This bill relates to expert witness certificate of merit 13 affidavits in medical malpractice claims. A certificate of 14 merit affidavit is a sworn statement from a medical expert 15 that a claim for personal injury or wrongful death against a 16 health care provider has merit. In an action for personal 17 injury or wrongful death against a health care provider based 18 upon alleged negligence in the practice of that profession or 19 in patient care, the bill requires the plaintiff, within 60 20 days of the defendants answer, to serve upon the defendant 21 a notarized certificate of merit affidavit for each expert 22 witness who will testify with respect to the issues of 23 standard of care, breach of standard of care, and causation. A 24 certificate of merit affidavit must be notarized, signed by the 25 expert witness, and certify the purpose for calling the expert 26 witness by providing under the oath of the expert witness the 27 expert witnesss statement of familiarity with the applicable 28 standard of care; statement that the standard of care was 29 breached by the health care provider; and statement that the 30 breach of the standard of care was the cause of the injury or 31 death. 32 Under current law, failure to substantially comply with 33 the certificate of merit affidavit requirements results, upon 34 motion, in dismissal with prejudice of each cause of action as 35 -2- LSB 2460XC (4) 91 cm/jh 2/ 3
S.F. _____ to which expert witness testimony is necessary to establish a 1 prima facie case. The bill strikes the word substantially. 2 The bill provides any motion to challenge a certificate of 3 merit must be made within 60 days from the date the certificate 4 of merit was filed. A party may not withdraw and refile a 5 certificate of merit unless it is to provide the missing expert 6 witnesss signature or a notary signature. A party is also not 7 allowed to voluntarily dismiss the action and refile it. 8 The bill takes effect upon enactment and applies to causes of 9 action that arise on or after that date. 10 -3- LSB 2460XC (4) 91 cm/jh 3/ 3