147.139 Expert witness standards.
If the standard of care given by a health care provider, as defined in section 147.136A, is at issue, the court shall only allow a person the plaintiff designates as an expert witness to qualify as an expert witness and to testify on the issue of the appropriate standard of care or breach of the standard of care if all of the following are established by the evidence:
1. The person is licensed to practice in the same or a substantially similar field as the defendant, is in good standing in each state of licensure, and in the five years preceding the act or omission alleged to be negligent, has not had a license in any state revoked or suspended.
2. In the five years preceding the act or omission alleged to be negligent, the person actively practiced in the same or a substantially similar field as the defendant or was a qualified instructor at an accredited university in the same field as the defendant.
3. If the defendant is board-certified in a specialty, the person is certified in the same or a substantially similar specialty by a board recognized by the American board of medical specialties, the American osteopathic association, or the council on podiatric medical education.
4. a. If the defendant is a licensed physician or osteopathic physician under chapter 148, the person is a physician or osteopathic physician licensed in this state or another state.
b. If the defendant is a licensed podiatric physician under chapter 149, the person is a physician, osteopathic physician, or a podiatric physician licensed in this state or another state.
86 Acts, ch 1211, §16; 2008 Acts, ch 1088, §98; 2017 Acts, ch 107, §3, 5; 2018 Acts, ch 1172, §46
Referred to in §147.140
2017 amendment applies to causes of action that accrue on or after July 1, 2017;
2017 Acts, ch 107, §5
Structure Iowa Code
Chapter 147 - GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS
Section 147.2 - License required.
Section 147.3 - Qualifications.
Section 147.4 - Grounds for refusing.
Section 147.5 - Certificate of license.
Section 147.6 - Certificate presumptive evidence.
Section 147.7 - Display of license.
Section 147.8 - Record of licenses.
Section 147.9 - Change of address.
Section 147.11 - Reactivation and reinstatement.
Section 147.12 - Health profession boards.
Section 147.13 - Designation of boards.
Section 147.14 - Composition of boards — quorum.
Section 147.16 - Board members.
Section 147.18 - Disqualifications.
Section 147.19 - Terms of office.
Section 147.20 - Nomination of board members.
Section 147.21 - Examination information.
Section 147.24 - Compensation.
Section 147.25 - System of health personnel statistics — fee.
Section 147.26 - Supplies and examination quarters.
Section 147.28 - National organization.
Section 147.28A - Scope of practice review committees — future repeal.
Section 147.29 - Applications.
Section 147.30 - Time and place of examinations.
Section 147.33 - Professional schools.
Section 147.34 - Examinations.
Section 147.35 - Names of eligible candidates.
Section 147.37 - Identity of candidate concealed.
Section 147.43 - Preservation of records.
Section 147.44 - Reciprocal agreements.
Section 147.48 - Termination of reciprocal agreements.
Section 147.49 - License of another state.
Section 147.50 - Practical examinations.
Section 147.53 - Power to adopt rules.
Section 147.54 - Change of residence.
Section 147.56 - Lyme disease treatment — exemption from discipline.
Section 147.72 - Professional titles and abbreviations.
Section 147.73 - Titles used by holder of degree.
Section 147.74 - Professional titles or abbreviations — false use prohibited.
Section 147.80 - Establishment of fees — administrative costs.
Section 147.82 - Fee retention.
Section 147.88 - Inspections and investigations.
Section 147.89 - Report of violators.
Section 147.90 - Rules and forms.
Section 147.91 - Publications.
Section 147.92 - Attorney general.
Section 147.93 - Prima facie evidence.
Section 147.102 - Psychologists, chiropractors, and dentists.
Section 147.103 - Investigators for physician assistants.
Section 147.103A - Physicians and surgeons, osteopaths, and osteopathic physicians and surgeons.
Section 147.106 - Anatomic pathology services — billing.
Section 147.107 - Drug dispensing, supplying, and prescribing — limitations.
Section 147.108 - Contact lens prescribing and dispensing.
Section 147.109 - Ophthalmic spectacle lens prescribing and dispensing.
Section 147.111 - Report of treatment of wounds and other injuries.
Section 147.112 - Investigation and report by law enforcement agency.
Section 147.113A - Report of burn injuries.
Section 147.136 - Scope of recovery.
Section 147.136A - Noneconomic damage awards against health care providers.
Section 147.137 - Consent in writing.
Section 147.138 - Contingent fee of attorney reviewed by court.
Section 147.139 - Expert witness standards.
Section 147.140 - Expert witness — certificate of merit affidavit.