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135-29
135.29 LOCAL SUBSTITUTE MEDICAL DECISION-MAKING
BOARD.
1. Each county in this state may establish and fund a local
substitute medical decision-making board. The local substitute
medical decision-making board shall be comprised of medical
professionals and lay persons appointed pursuant to the rules adopted
by the department.
2. Pursuant to rules adopted by the department, the local
substitute medical decision-making board may act as a substitute
decision maker for patients incapable of making their own medical
care decisions if no other substitute decision maker is available to
act. The local substitute medical decision-making board may exercise
decision-making authority in situations where there is sufficient
time to review the patient's condition, and a reasonably prudent
person would consider a decision to be medically necessary. Such
medically necessary decisions shall constitute good cause for
subsequently filing a petition in the district court for appointment
of a guardian pursuant to chapter 633, but the local substitute
medical decision-making board shall continue to act in the patient's
best interests until a guardian is appointed. Notwithstanding any
other provision to the contrary regarding confidentiality of medical
records, the local substitute decision-making board may issue
subpoenas relating to the production of medical records of a patient
under the board's review. A person participating in good faith in
releasing medical record information in response to a board subpoena
is immune from any liability, civil or criminal, which might
otherwise be incurred or imposed.
3. The local substitute medical decision-making board and its
members shall not be held liable, jointly or severally, for any
actions or omissions taken or made in the official discharge of their
duties, except those acts or omissions constituting willful or wanton
misconduct. A physician or other health care provider who acts on a
decision or directive of the local substitute medical decision-making
board or state substitute medical decision-making board shall not be
held liable for any damages resulting from that act, unless such
physician's or other health care provider's actions or omissions
constitute negligence in the practice of the profession or
occupation, or willful or wanton misconduct. Section History: Recent Form
89 Acts, ch 178, § 3; 90 Acts, ch 1026, § 2; 93 Acts, ch 139, § 3
