135.29 - LOCAL SUBSTITUTE MEDICAL DECISION-MAKING BOARD.

        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