123.1 Public policy declared.   This chapter shall be cited as the Iowa Alcoholic Beverage Control Act, and shall be deemed an exercise of the police power of the state, for the protection of the welfare, health, peace, morals, and safety of the people of the state, and all its provisions shall be liberally construed for the accomplishment of that purpose. It is declared to be public policy that the traffic in alcoholic liquors is so affected with a public interest that it should be regulated to the extent of prohibiting all traffic in them, except as provided in this chapter.  [C35, 1921-f1; C39, 1921.001; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 123.1]  85 Acts, ch 32, 3; 86 Acts, ch 1122, 1 
123.10 Rules.   The administrator, with the approval of the commission and subject to chapter 17A, may adopt rules as necessary to carry out this chapter. The administrators authority extends to, but is not limited to, the following:   1. Prescribing the duties of officers, clerks, agents, or other employees of the division and regulating their conduct while in the discharge of their duties.   2. Regulating the management, equipment, and merchandise of state warehouses in and from which alcoholic liquors are transported, kept, or sold and prescribing the books and records to be kept therein.   3. Regulating the purchase of alcoholic liquor generally and the furnishing of the liquor to class E liquor control licensees under this chapter, and determining the classes, varieties, and brands of alcoholic liquors to be kept in state warehouses.   4. Prescribing forms or information blanks to be used for the purposes of this chapter.   5. Prescribing the nature and character of evidence which shall be required to establish legal age.   6. Providing for the issuance and electronic distribution of price lists which show the price to be paid by class E liquor control licensees for each brand, class, or variety of liquor kept for sale by the division, providing for the filing or posting of prices charged in sales between class A beer and class A wine permit holders and retailers, as provided in this chapter, and establishing or controlling the prices based on minimum standards of fill, quantity, or alcoholic content for each individual sale of alcoholic beverages as deemed necessary for retail or consumer protection. However, the division shall not regulate markups, prices, discounts, allowances, or other terms of sale at which alcoholic liquor may be purchased by the retail public or liquor control licensees from class E liquor control licensees or at which wine may be purchased and sold by class A and retail wine permittees, or change, nullify, or vary the terms of an agreement between a holder of a vintner certificate of compliance and a class A wine permittee.   7. Prescribing the official seals, labels, or other markings which shall be attached to or stamped on packages of alcoholic liquor sold under this chapter.   8. Prescribing, subject to this chapter, the days and hours during which state warehouses shall be kept open for the purpose of the sale and delivery of alcoholic liquors.   9. Prescribing the place and the manner in which alcoholic liquor may be lawfully kept or stored by the licensed manufacturer under this chapter.   10. Prescribing the time, manner, means, and method by which distillers, vendors, or others authorized under this chapter may deliver or transport alcoholic liquors and prescribing the time, manner, means, and methods by which alcoholic liquor may be lawfully conveyed, carried, or transported.   11. Prescribing, subject to the provisions of this chapter, the conditions and qualifications necessary for the obtaining of licenses and permits and the books and records to be kept and the remittances to be made by those holding licenses and permits and providing for the inspection of the records of all such licensees and permittees.   12. Providing for the issuance of combination licenses and permits with fees consistent with individual license and permit fees as may be necessary for the efficient administration of this chapter.   13. Providing for the issuance of a waiver for an individual of legal age desiring to import alcoholic liquor, wine, or beer in excess of the amount provided in section 123.22, 123.122, or 123.171, as applicable. The waiver shall be limited to those individuals who were domiciled outside the state within one year of the request for a waiver and shall provide that any alcoholic liquor, wine, or beer imported pursuant to the waiver shall be for personal consumption only in a private home or other private accommodation.   14. Prescribing the uniform fee to be assessed against a class B beer permittee, class C native wine permittee, or liquor control licensee, except a class E liquor control licensee, to cover the administrative costs incurred by the division resulting from the failure of the licensee or permittee to maintain dramshop liability insurance coverage pursuant to section 123.92, subsection 2, paragraph a.   15. Prescribing the uniform fee, not to exceed one hundred dollars, to be assessed against a licensee or permittee for a contested case hearing conducted by the division or by an administrative law judge from the department of inspections and appeals which results in administrative action taken against the licensee or permittee by the division.  [C35, 1921-f17; C39, 1921.017; C46, 50, 54, 58, 62, 66, 71, 123.17; C73, 75, 77, 79, 81, 123.21]  85 Acts, ch 32, 16, 17; 86 Acts, ch 1122, 7; 86 Acts, ch 1245, 739; 86 Acts, ch 1246, 731, 732; 2015 Acts, ch 30, 204  C2016, 123.10  2016 Acts, ch 1008, 2; 2018 Acts, ch 1060, 6; 2018 Acts, ch 1096, 1, 6, 7; 2019 Acts, ch 113, 3, 4  Former 123.10 transferred to 123.7;  2015 Acts, ch 30, 204 
123.100 Packages in transit.   Any peace officer of the county under process or warrant to the peace officer directed shall have the right to open any box, barrel, or other vessel or package for examination, if the peace officer has reasonable ground for believing that it contains alcoholic liquor, wine, or beer, either before or while the same is being so transported or conveyed.  [C97, 2420; C24, 27, 31, 35, 39, 1935; C46, 50, 54, 58, 62, 66, 71, 125.15; C73, 75, 77, 79, 81, 123.100]  2013 Acts, ch 35, 26; 2018 Acts, ch 1060, 50 
123.101 Record of shipments.   It shall be the duty of all common carriers, or corporations, or persons who shall for hire carry any alcoholic liquor, wine, or beer into the state, or from one point to another within the state, for the purpose of delivery, and who shall deliver such alcoholic liquor, wine, or beer to any person, company, or corporation, to maintain a proper record of the name of the consignor of each shipment of alcoholic liquor, wine, or beer from where shipped, the date of arrival, the quantity and kind of alcoholic liquor, wine, or beer, so far as disclosed by lettering on the package or by the carriers records, and to whom and where consigned, and the date delivered.  [SS15, 2421-b; C24, 27, 31, 35, 39, 1940; C46, 50, 54, 58, 62, 66, 71, 125.20; C73, 75, 77, 79, 81, 123.101]  2013 Acts, ch 35, 27; 2018 Acts, ch 1060, 51  Referred to in 123.102 
123.102 Inspection of shipping records.   The records required by section 123.101 shall, during business hours, be open to inspection by any peace or law enforcing officer. It is a simple misdemeanor to refuse such inspection.  [SS15, 2421-c, -d; C24, 27, 31, 35, 39, 1941; C46, 50, 54, 58, 62, 66, 71, 125.21; C73, 75, 77, 79, 81, 123.102]  2013 Acts, ch 35, 28 
123.103 Record and certification upon delivery.   The full name and residence or place of business of the consignee of a shipment billed in whole or in part as alcoholic liquor, wine, or beer, shall be properly recorded at the time of delivery and the consignee shall certify that the alcoholic liquor, wine, or beer is for the consignees own lawful purposes.  [SS15, 2421-b; C24, 27, 31, 35, 39, 1942; C46, 50, 54, 58, 62, 66, 71, 125.22; C73, 75, 77, 79, 81, 123.103]  2013 Acts, ch 35, 29; 2018 Acts, ch 1060, 52  Referred to in 123.104 
123.104 Unlawful delivery.   It is a simple misdemeanor for any corporation, common carrier, person, or any agent or employee thereof:   1. To deliver any alcoholic liquor, wine, or beer to any person other than to the consignee.   2. To deliver any alcoholic liquor, wine, or beer without having the same properly recorded as provided in section 123.103.   3. To deliver any alcoholic liquor, wine, or beer where there is reasonable ground to believe that such alcoholic liquor, wine, or beer is intended for unlawful use.  [SS15, 2421-c1; C24, 27, 31, 35, 39, 1943; C46, 50, 54, 58, 62, 66, 71, 125.23; C73, 75, 77, 79, 81, 123.104]  2013 Acts, ch 35, 30; 2018 Acts, ch 1060, 53 
123.105 Immunity from damage.   In no case shall any corporation, common carrier, person, or the agent thereof, be liable in damages for complying with any requirements of this chapter.  [SS15, 2421-c; C24, 27, 31, 35, 39, 1944; C46, 50, 54, 58, 62, 66, 71, 125.24; C73, 75, 77, 79, 81, 123.105] 
123.106 Federal statutes.   The requirements of this chapter relative to the shipment and delivery of alcoholic liquor, wine, or beer and the records to be kept thereof shall be construed in harmony with federal statutes relating to interstate commerce in such liquor, wine, or beer.  [SS15, 2421-e; C24, 27, 31, 35, 39, 1945; C46, 50, 54, 58, 62, 66, 71, 125.25; C73, 75, 77, 79, 81, 123.106]  2013 Acts, ch 35, 31; 2018 Acts, ch 1060, 54 
123.107 Unnecessary allegations.   1. In any indictment or information under this chapter, it shall not be necessary:   a. To set out exactly the kind or quantity of alcoholic liquor, wine, or beer manufactured, sold, given in evasion of the statute, or kept for sale.   b. To set out the exact time of manufacture, sale, gift, or keeping for sale.   c. To negative any exceptions contained in the statute creating or defining the offense, which may be proper ground of defense.   2. Proof of the violation by the accused of any provision of this chapter, the substance of which violation is briefly set forth, within the time mentioned in the indictment or information, shall be sufficient to convict such person.  [R60, 1569; C73, 1549; C97, 2424; C24, 27, 31, 35, 39, 1952; C46, 50, 54, 58, 62, 66, 71, 126.7; C73, 75, 77, 79, 81, 123.107]  2009 Acts, ch 41, 263; 2013 Acts, ch 35, 32; 2018 Acts, ch 1060, 55; 2019 Acts, ch 59, 46 
123.108 Second conviction defined.   The second or subsequent convictions provided for in this chapter shall be convictions on separate informations or indictments, and, unless shown in the information or indictment, the charge shall be held to be for a first offense.  [R60, 1562; C73, 1540; C97, 2425; C24, 27, 31, 35, 39, 1955; C46, 50, 54, 58, 62, 66, 71, 126.10; C73, 75, 77, 79, 81, 123.108] 
123.109 Record of conviction.   On the trial of any cause in which the accused is charged with a second or subsequent offense, a duly authenticated copy of the former judgment in any court in which such conviction was had shall be competent evidence of such former conviction.  [SS15, 2461-n; C24, 27, 31, 35, 39, 1956; C46, 50, 54, 58, 62, 66, 71, 126.11; C73, 75, 77, 79, 81, 123.109] 
123.11 Compensation and expenses.   Members of the commission, the administrator, and other employees of the division shall be allowed their actual and necessary expenses while traveling on business of the division outside of their place of residence, however, an itemized account of such expenses shall be verified by the claimant and approved by the administrator. If such account is paid, the same shall be filed with the division and be and remain a part of its permanent records. Each member appointed to the commission is entitled to receive reimbursement of actual expenses incurred while attending meetings. Each member of the commission may also be eligible to receive compensation as provided in section 7E.6. All expenses and salaries of commission members, the administrator, and other employees shall be paid from appropriations for such purposes and the division shall be subject to the budget requirements of chapter 8.  [C35, 1921-f11; C39, 1921.011; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 123.11]  2015 Acts, ch 30, 40 
123.110 Proof of sale.   It shall not be necessary in every case to prove payment in order to prove a sale within the meaning and intent of this chapter.  [R60, 1569; C73, 1549; C97, 2424; C24, 27, 31, 35, 39, 1957; C46, 50, 54, 58, 62, 66, 71, 126.12; C73, 75, 77, 79, 81, 123.110] 
123.111 Purchaser as witness.   The person purchasing any alcoholic liquor, wine, or beer sold in violation of this chapter shall in all cases be a competent witness to prove such sale.  [R60, 1569; C73, 1549; C97, 2424; C24, 27, 31, 35, 39, 1958; C46, 50, 54, 58, 62, 66, 71, 126.13; C73, 75, 77, 79, 81, 123.111]  2013 Acts, ch 35, 33; 2018 Acts, ch 1060, 56 
123.112 Peace officer as witness.   Every peace officer shall give evidence, when called upon, of any facts within the peace officers knowledge tending to prove a violation of the provisions of this chapter.  [R60, 1578; C73, 1551; C97, 2428; S13, 2428; C24, 27, 31, 35, 39, 1959; C46, 50, 54, 58, 62, 66, 71, 126.14; C73, 75, 77, 79, 81, 123.112] 
123.113 Judgment lien.   For all fines and costs assessed or judgments rendered of any kind against any person for a violation of any provision of this chapter, or costs paid by the county on account of such violation, the personal and real property of the violator, whether exempt or not, except the homestead, as well as the premises and property, personal and real, occupied and used for the unlawful purpose, with the knowledge of the owner or the owners agent, by the violator, shall be liable, and the same shall be a lien on such real estate until paid.  [R60, 1579; C73, 1552, 1558; C97, 2422; C24, 27, 31, 35, 39, 1960; C46, 50, 54, 58, 62, 66, 71, 126.15; C73, 75, 77, 79, 81, 123.113] 
123.114 Enforcement of lien.   Costs paid by the county for the prosecution of actions or proceedings, civil or criminal, under this chapter, as well as the fines inflicted or judgments rendered, may be enforced against the property upon which the lien attaches by execution, or by action against the owner of the property to subject it to the payment thereof.  [C73, 1558; C97, 2422; C24, 27, 31, 35, 39, 1961; C46, 50, 54, 58, 62, 66, 71, 126.16; C73, 75, 77, 79, 81, 123.114] 
123.115 Defense.   In any prosecution under this chapter for the unlawful transportation of alcoholic liquor, wine, or beer it shall be a defense that the character and contents of the shipment or thing transported were not known to the accused or to the accuseds agent or employee.  [C97, 2419; C24, 2059; C27, 31, 35, 1945-a2; C39, 1945.3; C46, 50, 54, 58, 62, 66, 71, 125.28; C73, 75, 77, 79, 81, 123.115]  2013 Acts, ch 35, 34; 2018 Acts, ch 1060, 57 
123.116 Right to receive alcoholic liquor, wine, or beer.   The consignee of alcoholic liquor, wine, or beer shall, on demand of the carrier transporting such alcoholic liquor, wine, or beer, furnish the carrier, at the place of delivery, with legal proof of the consignees legal right to receive such alcoholic liquor, wine, or beer at the time of delivery, and until such proof is furnished the carrier shall be under no legal obligation to make delivery nor be liable for failure to deliver.  [C24, 2061; C27, 31, 35, 1945-a4; C39, 1945.5; C46, 50, 54, 58, 62, 66, 71, 125.30; C73, 75, 77, 79, 81, 123.116]  2013 Acts, ch 35, 35; 2018 Acts, ch 1060, 58 
123.117 Delivery to sheriff.   If such proof is not furnished the carrier within ten days after demand, the carrier may deliver such liquor, wine, or beer to the sheriff of the county embracing the place of delivery, and such delivery shall absolve the carrier from all liability pertaining to such liquor, wine, or beer.  [C24, 2062; C27, 31, 35, 1945-a5; C39, 1945.6; C46, 50, 54, 58, 62, 66, 71, 125.31; C73, 75, 77, 79, 81, 123.117]  2013 Acts, ch 35, 36  Referred to in 331.653 
123.118 Destruction.   The sheriff shall, on receipt of such liquor, wine, or beer from the carrier, report the receipt to the district court of the sheriffs county, and the court shall proceed to summarily enter an order for the destruction or forfeiture to the state of such liquor, wine, or beer.  [C24, 2063; C27, 31, 35, 1945-a6; C39, 1945.7; C46, 50, 54, 58, 62, 66, 71, 125.32; C73, 75, 77, 79, 81, 123.118]  2013 Acts, ch 35, 37  Referred to in 331.653 
123.119 Evidence.   In all actions, civil or criminal, under the provisions of this chapter, the finding of alcoholic liquors or of instruments or utensils used in the manufacture of alcoholic liquors, or materials which are being used, or are intended to be used in the manufacture of alcoholic liquors, in the possession of or under the control of any person, under and by authority of a search warrant or other process of law, and which shall have been finally adjudicated and declared forfeited by the court, shall be competent evidence of maintaining a nuisance or bootlegging, or of illegal transportation of alcoholic liquors, as the case may be, by such person.  [C27, 31, 35, 1966-a1; C39, 1966.1; C46, 50, 54, 58, 62, 66, 71, 126.23; C73, 75, 77, 79, 81, 123.119]  2018 Acts, ch 1060, 59 
123.12 Exemption from suit.   No commission member or officer or employee of the division shall be personally liable for damages sustained by any person due to the act of such member, officer, or employee performed in the reasonable discharge of the members, officers, or employees duties as enumerated in this chapter.  [C35, 1921-f13; C39, 1921.013; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 123.13]  2015 Acts, ch 30, 204  C2016, 123.12  Former 123.12 repealed by  2015 Acts, ch 30, 198 
123.120 Attempt to destroy.   The destruction of or attempt to destroy any liquid by any person while in the presence of peace officers or while a property is being searched by a peace officer, shall be competent evidence that such liquid is alcoholic liquor, wine, or beer and intended for unlawful purposes.  [C27, 31, 35, 1966-a3; C39, 1966.3; C46, 50, 54, 58, 62, 66, 71, 126.25; C73, 75, 77, 79, 81, 123.120]  2013 Acts, ch 35, 38; 2018 Acts, ch 1060, 60 
123.121 Venue.   1. In any prosecution under this chapter for the unlawful sale of alcoholic liquor, wine, or beer, including a sale which requires a shipment or delivery of the alcoholic liquor, wine, or beer, shall be deemed to be made in the county in which the delivery is made by the carrier to the consignee, or the consignees agent or employee.   2. In any prosecution under this chapter for the unlawful transportation of alcoholic liquor, wine, or beer, the offense shall be held to have been committed in any county in which such alcoholic liquor, wine, or beer is received for transportation, through which it is transported, or in which it is delivered.  [C97, 2419; C24, 1928, 2060; C27, 31, 35, 1928, 1945-a3; C39, 1928, 1945.4; C46, 50, 54, 58, 62, 66, 71, 125.8, 125.29; C73, 75, 77, 79, 81, 123.121]  85 Acts, ch 32, 60; 2013 Acts, ch 35, 39; 2018 Acts, ch 1060, 61 
123.122 Beer certificate, permit, or license required  exception for personal use.   1. A person shall not cause the manufacture, importation, or sale of beer in this state unless a certificate or permit as provided in this subchapter, or a liquor control license as provided in subchapter I of this chapter, is first obtained which authorizes that manufacture, importation, or sale.   2. Any person of legal age may manufacture beer for personal use without a class A beer permit, subject to the requirements of this subsection. Such beer may be consumed on the premises or removed from the premises where it was manufactured only if the beer is not sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property or services or in evasion of the requirements of this chapter.   3. Except as otherwise provided in this chapter, a person shall not import beer. However, an individual of legal age may import beer into the state without a certificate, permit, or license an amount of beer not to exceed four and one-half gallons per calendar month that the individual personally obtained outside the state or, in the case of beer personally obtained outside the United States, a quantity which does not exceed the amount allowed by federal law governing the importation of alcoholic beverages into the United States for personal consumption. Beer imported pursuant to this section shall be for personal consumption in a private home or other private accommodation and only if the beer is not sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property or services or in evasion of the requirements of this chapter.  [C35, 1921-f96; C39, 1921.095; C46, 50, 54, 58, 62, 66, 71, 124.1; C73, 75, 77, 79, 81, 123.122]  88 Acts, ch 1088, 7; 2015 Acts, ch 30, 48; 2015 Acts, ch 138, 26, 161, 162; 2019 Acts, ch 113, 37  Referred to in 123.10  Charity beer, spirits, and wine auction and event permits, see 123.173A, 123.173B 
123.123 Effect on liquor control licensees.   All applicable provisions of this subchapter relating to class B beer permits shall apply to liquor control licensees in the purchasing, storage, handling, serving, and sale of beer.  [C73, 75, 77, 79, 81, 123.123]  2015 Acts, ch 30, 49 
123.124 Beer permits  classes.   Permits for the manufacture and sale, or sale, of beer shall be divided into four classes, known as class A, special class A, class B, or class C beer permits. A holder of a class A or special class A beer permit shall have the authority as provided in section 123.130. A holder of a class B beer permit shall have the authority as provided in section 123.131, and a holder of a class C beer permit shall have the authority as provided in section 123.132.  [C35, 1921-f98; C39, 1921.097; C46, 50, 54, 58, 62, 66, 71, 124.3; C73, 75, 77, 79, 81, 123.124]  88 Acts, ch 1241, 15; 89 Acts, ch 221, 1; 92 Acts, ch 1003, 1; 94 Acts, ch 1017, 6; 2010 Acts, ch 1031, 89, 96; 2015 Acts, ch 53, 3; 2016 Acts, ch 1073, 33; 2017 Acts, ch 119, 20  Referred to in 123.45, 123.130 
123.125 Issuance of beer permits.   The administrator shall issue class A, special class A, class B, and class C beer permits and may suspend or revoke permits for cause as provided in this chapter.  [C35, 1921-f98; C39, 1921.097; C46, 50, 54, 58, 62, 66, 71, 124.3; C73, 75, 77, 79, 81, 123.125]  89 Acts, ch 221, 2; 2010 Acts, ch 1031, 90, 96; 2017 Acts, ch 119, 21 
123.126 High alcoholic content beer  applicability.   Unless otherwise provided by this chapter, the provisions of this chapter applicable to beer shall also apply to high alcoholic content beer.  2010 Acts, ch 1189, 42, 43 
123.126A Canned cocktails  applicability  manufacture.   1. Unless otherwise provided by this chapter, the provisions of this chapter applicable to beer shall also apply to canned cocktails.   2. Notwithstanding any provision of this chapter to the contrary, a manufacturer of beer may obtain and possess alcoholic liquor from the division for the purpose of manufacturing canned cocktails.  2019 Acts, ch 107, 3, 6; 2020 Acts, ch 1010, 1, 2 
123.127 Class A and special class A beer permit application and issuance.   1. A person applying for a class A or special class A beer permit shall submit a completed application electronically, or in a manner prescribed by the administrator, which shall set forth under oath the following:   a. The name and place of residence of the applicant.   b. The names and addresses of all persons or, in the case of a corporation, limited liability company, or any other similar legal entity, the officers, directors, and persons owning or controlling ten percent or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise, in the business.   c. The location of the premises where the applicant intends to operate.   d. The name of the owner of the premises and if the owner of the premises is not the applicant, whether the applicant is the actual lessee of the premises.   e. When required by the administrator, and in such form and containing such information as the administrator may require, a description of the premises where the applicant intends to use the permit, to include a sketch or drawing of the premises and, if applicable, the number of square feet of interior floor space which comprises the retail sales area of the premises.   f. Whether any person specified in paragraph b has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory.   g. Any other information as required by the administrator.   2. The administrator shall issue a class A or special class A beer permit to any applicant who establishes all of the following:   a. That the applicant has submitted a completed application as required by subsection 1.   b. That the applicant is a person of good moral character as provided in section 123.3, subsection 40.   c. That the applicant is a citizen of the state of Iowa or, if a corporation, that the applicant is authorized to do business in the state.   d. That the applicant has filed with the division a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and that the applicant will faithfully observe and comply with all laws, rules, and regulations governing the manufacture and sale of beer.   e. That the premises where the applicant intends to use the permit conforms to all applicable laws, health regulations, and fire regulations, and constitutes a safe and proper place or building.   f. That the applicant gives consent to a person, pursuant to section 123.30, subsection 1, to enter upon the premises without a warrant during the business hours of the applicant to inspect for violations of the provisions of this chapter or ordinances and regulations that local authorities may adopt.   g. That the applicant has submitted a bond in the amount of ten thousand dollars in a manner prescribed by the administrator with good and sufficient sureties to be approved by the division conditioned upon compliance with this chapter.   h. If the person is applying for a special class A beer permit, that the applicant holds or has applied for a class C liquor control license or class B beer permit.  [C35, 1921-f102; C39, 1921.103; C46, 50, 54, 58, 62, 66, 124.8; C71, 124.8, 124.41; C73, 75, 77, 79, 81, 123.127]  88 Acts, ch 1241, 16; 89 Acts, ch 221, 3; 2003 Acts, ch 143, 6, 17; 2009 Acts, ch 41, 177; 2010 Acts, ch 1031, 91, 92, 96; 2013 Acts, ch 35, 8, 9; 2015 Acts, ch 53, 4; 2016 Acts, ch 1073, 34, 35; 2017 Acts, ch 119, 22; 2018 Acts, ch 1060, 62; 2019 Acts, ch 113, 38, 39  Referred to in 123.32, 123.128, 123.129 
123.128 Class B beer permit application.   A class B beer permit shall be issued by the administrator to any person who:   1. Submits an application electronically, or in a manner prescribed by the administrator, which shall state under oath:   a. All the information required of an applicant by section 123.127, subsection 1.   b. That the premises for which the permit is sought is and will continue to be equipped with sufficient tables and seats to accommodate twenty-five persons at one time, and in areas where such business is permitted by any valid zoning ordinance or will be so permitted on the effective date of the permit.   2. Fulfills the requirements of section 123.127, subsection 2, paragraphs b, c, and e.   3. Consents to inspection as required in section 123.30, subsection 1.  [C35, 1921-f103; C39, 1921.104; C46, 50, 54, 58, 62, 66, 71, 124.9; C73, 75, 77, 79, 81, 123.128]  88 Acts, ch 1088, 8; 88 Acts, ch 1241, 17; 2009 Acts, ch 41, 178, 179; 2013 Acts, ch 35, 10; 2015 Acts, ch 53, 5, 6; 2016 Acts, ch 1073, 36; 2017 Acts, ch 119, 23, 24  Referred to in 123.32 
123.129 Class C beer permit application.   1. A class C beer permit shall not be issued to any person except the owner or proprietor of a grocery store or pharmacy.   2. A class C beer permit shall be issued by the administrator to any person who is the owner or proprietor of a grocery store or pharmacy, who:   a. Submits an application electronically, or in a manner prescribed by the administrator, which shall state under oath all the information required of an applicant by section 123.127, subsection 1.   b. Fulfills the requirements of section 123.127, subsection 2, paragraphs b, c, and e.   c. Consents to inspection as required in section 123.30, subsection 1.  [C35, 1921-f104; C39, 1921.105; C46, 50, 54, 58, 62, 66, 71, 124.10; C73, 75, 77, 79, 81, 123.129]  88 Acts, ch 1088, 9; 88 Acts, ch 1241, 18; 2009 Acts, ch 41, 180; 2009 Acts, ch 133, 193; 2011 Acts, ch 17, 12; 2013 Acts, ch 35, 11; 2015 Acts, ch 53, 7; 2016 Acts, ch 1073, 37, 38; 2017 Acts, ch 119, 25, 26  Referred to in 123.32 
123.13 Prohibitions on commission members and employees.   1. Commission members, officers, and employees of the division shall not, while holding such office or position, do any of the following:   a. Hold any other office or position under the laws of this state, or any other state or territory or of the United States.   b. Engage in any occupation, business, endeavor, or activity which would or does conflict with their duties under this chapter.   c. Directly or indirectly, use their office or employment to influence, persuade, or induce any other officer, employee, or person to adopt their political views or to favor any particular candidate for an elective or appointive public office.   d. Directly or indirectly, solicit or accept, in any manner or way, any money or other thing of value for any person seeking an elective or appointive public office, or to any political party or any group of persons seeking to become a political party.   2. Except as provided in section 123.5, subsection 3, a commission member or division employee shall not, directly or indirectly, individually, or as a member of a partnership or shareholder in a corporation, have any interest in dealing in or in the manufacture of alcoholic liquor, wine, or beer, and shall not receive any kind of profit nor have any interest in the purchase or sale of alcoholic liquor, wine, or beer by persons so authorized under this chapter. However, this subsection does not prohibit any member or employee from lawfully purchasing and keeping alcoholic liquor, wine, or beer in the members or employees possession for personal use.   3. Any officer or employee violating this section or any other provisions of this chapter shall, in addition to any other penalties provided by law, be subject to suspension or discharge from employment. Any commission member shall, in addition to any other penalties provided by law, be subject to removal from office as provided by chapter 66.  [C35, 1921-f14; C39, 1921.014; C46, 50, 54, 58, 62, 66, 71, 123.14; C73, 75, 77, 79, 81, 123.17]  2015 Acts, ch 30, 41, 204  C2016, 123.13  Former 123.13 transferred to 123.12 pursuant to directive in 2015 Acts, ch 30, 204 
123.130 Authority under class A and special class A beer permits.   1. a. Any person holding a class A beer permit issued by the division shall be authorized to manufacture and sell, or sell at wholesale, beer for consumption off the premises, such sales within the state to be made only to persons holding subsisting class A, B, or C beer permits, both a class C native wine permit and a class A wine permit pursuant to section 123.178B, subsection 4, or liquor control licenses issued in accordance with the provisions of this chapter. However, a person holding a class A beer permit issued by the division who also holds a brewers notice issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury shall be authorized to sell, at wholesale, no more than thirty thousand barrels of beer on an annual basis for consumption off the premises to a licensee or permittee authorized under this chapter to sell beer at retail.   b. A person holding a class A beer permit may sell beer to distributors outside of the state that are authorized by the laws of that jurisdiction to sell beer at wholesale.   c. A class A or special class A beer permit does not grant authority to manufacture wine as defined in section 123.3, subsection 54.   2. Pursuant to section 123.45, subsection 3, a native brewery may be granted not more than two class B beer permits as defined in section 123.124 for the purpose of selling beer at retail for consumption on or off the premises of the manufacturing facility.   3. All class A premises shall be located within the state. All beer received by the holder of a class A beer permit from the holder of a certificate of compliance before being resold must first come to rest on the licensed premises of the permit holder, must be inventoried, and is subject to the barrel tax when resold as provided in section 123.136. A class A beer permittee shall not store beer overnight except on premises licensed under a class A beer permit.   4. All special class A premises shall be located within the state. A person who holds a special class A beer permit for the same location at which the person holds a class C liquor control license or class B beer permit for the purpose of operating as a brewpub may manufacture and sell beer to be consumed on the premises, may sell at retail at the manufacturing premises for consumption off the premises beer that is transferred at the time of sale to another container subject to the requirements of section 123.131, subsection 2, may sell beer to a class A beer permittee for resale purposes, and may sell beer to distributors outside of the state that are authorized by the laws of that jurisdiction to sell beer at wholesale. The permit issued to holders of a special class A beer permit shall clearly state on its face that the permit is limited.   5. A manufacturer of beer issued a class A or special class A beer permit shall file with the division, on or before the fifteenth day of each calendar month, all documents filed with the alcohol and tobacco tax and trade bureau of the United States department of the treasury, including all brewers operation and excise tax return reports.  [C35, 1921-f105; C39, 1921.106; C46, 50, 54, 58, 62, 66, 71, 124.11; C73, 75, 77, 79, 81, 123.130]  88 Acts, ch 1241, 19; 89 Acts, ch 221, 4; 92 Acts, ch 1003, 2; 2010 Acts, ch 1031, 93, 96; 2015 Acts, ch 53, 8; 2016 Acts, ch 1073, 39; 2017 Acts, ch 119, 27; 2018 Acts, ch 1060, 63; 2019 Acts, ch 8, 5; 2019 Acts, ch 113, 40  42; 2021 Acts, ch 133, 3  Referred to in 123.124, 123.136  Subsection 2 amended 
123.131 Authority under class B beer permit.   1. Subject to the provisions of this chapter, any person holding a class B beer permit shall be authorized to sell beer for consumption on or off the premises. Sales of beer for consumption off the premises made pursuant to this section shall be made in original containers except as provided in subsection 2. However, unless otherwise provided in this chapter, no sale of beer shall be made for consumption on the premises unless the place where such service is made is equipped with tables and seats sufficient to accommodate not less than twenty-five persons at one time.   2. Subject to the rules of the division, sales of beer for consumption off the premises made pursuant to this section may be made in a container other than the original container only if the container is carried into an immediately adjacent premises covered by a license or permit that authorizes the consumption of beer, temporarily closed public right-of-way, or a private place, or if all of the following requirements are met:   a. The beer is transferred from the original container to the container to be sold on the licensed premises at the time of sale or when sold by telephonic or other electronic means.   b. The person transferring the beer from the original container to the container to be sold shall be eighteen years of age or more.   c. The container to be sold shall be no larger than seventy-two ounces.   d. The container to be sold shall be securely sealed by a method authorized by the division that is designed so that if the sealed container is reopened or the seal tampered with, it is visibly apparent that the seal on the container of beer has been tampered with or the sealed container has otherwise been reopened.   3. A container of beer other than the original container that is sold and sealed in compliance with the requirements of subsection 2 and the rules of the division shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.   4. A person holding a class B beer permit and a class A beer permit whose primary purpose is manufacturing beer may purchase wine from a wholesaler holding a class A wine permit for sale at retail for consumption on the premises covered by the class B beer permit.   5. A person holding a class B beer permit may also hold a special class A beer permit for the premises licensed under a class B beer permit for the purpose of operating as a brewpub pursuant to this chapter.  [C35, 1921-f106; C39, 1921.107; C46, 50, 54, 58, 62, 66, 71, 124.12; C73, 75, 77, 79, 81, 123.131]  2016 Acts, ch 1073, 40; 2017 Acts, ch 119, 28; 2018 Acts, ch 1060, 64; 2018 Acts, ch 1172, 61; 2019 Acts, ch 113, 43; 2020 Acts, ch 1114, 14, 16  Referred to in 123.124, 123.130, 123.177 
123.132 Authority under class C beer permit.   1. The holder of a class C beer permit shall be allowed to sell beer to consumers at retail for consumption off the premises. The sales made pursuant to this section shall be made in original containers except as provided in subsection 2.   2. Subject to the rules of the division, sales made pursuant to this section may be made in a container other than the original container only if all of the following requirements are met:   a. The beer is transferred from the original container to the container to be sold on the licensed premises at the time of sale.   b. The person transferring the beer from the original container to the container to be sold shall be eighteen years of age or more.   c. The container to be sold shall be no larger than seventy-two ounces.   d. The container to be sold shall be securely sealed by a method authorized by the division that is designed so that if the sealed container is reopened or the seal tampered with, it is visibly apparent that the seal on the container of beer has been tampered with or the sealed container has otherwise been reopened.   3. A container of beer other than the original container that is sold and sealed in compliance with the requirements of subsection 2 and the divisions rules shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.   4. The holder of a class C beer permit or the permittees agents or employees shall not sell beer to other retail license or permit holders knowing or having reasonable cause to believe that the beer will be resold in another licensed establishment.  [C35, 1921-f107; C39, 1921.108; C46, 50, 54, 58, 62, 66, 71, 124.13; C73, 75, 77, 79, 81, 123.132]  94 Acts, ch 1017, 7; 2015 Acts, ch 66, 1; 2015 Acts, ch 138, 14, 161, 162; 2016 Acts, ch 1073, 41  Referred to in 123.124 
123.133 Sale on trains  bond. Repealed by 2011 Acts, ch 17, 16. 
123.134 Beer permit fees  Sunday sales.   1. The annual permit fee for a class A or special class A beer permit is seven hundred fifty dollars.   2. The annual permit fee for a class B beer permit shall be graduated according to population as follows:   a. For premises located within the corporate limits of cities with a population of ten thousand and over, three hundred dollars.   b. For premises located within the corporate limits of cities with a population of at least fifteen hundred but less than ten thousand, two hundred dollars.   c. For premises located within the corporate limits of cities with a population of under fifteen hundred, one hundred dollars.   d. For premises located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be operated under the permit, and in case there is doubt as to which of two or more differing corporate limits is the nearest, the permit fee which is the largest shall prevail. However, if the premises are located in an unincorporated town, for purposes of this subsection the unincorporated town shall be treated as if it is a city.   3. The annual permit fee for a class C beer permit shall be graduated on the basis of the amount of interior floor space which comprises the retail sales area of the premises covered by the permit, as follows:   a. Up to one thousand five hundred square feet, the sum of seventy-five dollars.   b. Over one thousand five hundred square feet and up to two thousand square feet, the sum of one hundred dollars.   c. Over two thousand and up to five thousand square feet, the sum of two hundred dollars.   d. Over five thousand square feet, the sum of three hundred dollars.   4. Any club, hotel, motel, or commercial establishment holding a class B beer permit, subject to the provisions of section 123.49, subsection 2, paragraph b, may apply for and receive permission to sell and dispense beer to patrons on Sunday for consumption on or off the premises between the hours of 6:00 a.m. on Sunday and 2:00 a.m. on the following Monday. Any class C beer permittee may sell beer for consumption off the premises between the hours of 6:00 a.m. on Sunday and 2:00 a.m. on the following Monday. For the privilege of selling beer on Sunday the beer permit fees of the applicant shall be increased by twenty percent of the regular fees prescribed for the permit pursuant to this section and the privilege shall be noted on the beer permit.  [C35, 1921-f117; C39, 1921.119; C46, 50, 54, 58, 62, 66, 71, 124.24; C73, 75, 77, 79, 81, 123.134]  84 Acts, ch 1275, 5; 87 Acts, ch 22, 10; 88 Acts, ch 1241, 20; 89 Acts, ch 221, 5; 91 Acts, ch 245, 4; 2010 Acts, ch 1031, 94, 96; 2011 Acts, ch 17, 13; 2016 Acts, ch 1073, 42  44; 2017 Acts, ch 119, 29, 30; 2021 Acts, ch 155, 9  Referred to in 123.34, 123.49, 123.143, 123.150  Subsection 4 amended 
123.135 Brewers certificate of compliance  penalties.   1. A manufacturer, brewer, bottler, importer, or vendor of beer, or any agent thereof, desiring to ship or sell beer, or have beer brought into this state for resale by a class A beer permittee, shall first make application for and be issued a brewers certificate of compliance by the administrator for that purpose. The certificate of compliance expires at the end of one year from the date of issuance and shall be renewed for a like period upon application to the administrator unless otherwise revoked for cause. Each completed application for a certificate of compliance or renewal of a certificate shall be submitted electronically, or in a manner prescribed by the administrator, and shall be accompanied by a fee of five hundred dollars payable to the division. Each holder of a certificate of compliance shall furnish the information in a manner the administrator requires.   2. At the time of applying for a certificate of compliance, each applicant shall file with the division a list of all class A beer permittees with whom it intends to do business and shall designate the geographic area in which its products are to be distributed by such permittee. The listing of class A beer permittees and geographic area as filed with the division shall be amended by the holder of a certificate of compliance as necessary to keep the listing current with the division.   3. All class A beer permit holders shall sell only those brands of beer which are manufactured, brewed, bottled, shipped, or imported by a person holding a current certificate of compliance. Any employee or agent working for or representing the holder of a certificate of compliance within this state shall submit electronically, or in a manner prescribed by the administrator, the employees or agents name and address with the division.   4. It shall be unlawful for any holder of a certificate of compliance or the holders agent, or any class A beer permit holder or the beer permit holders agent, to grant to any retail beer permit holder, directly or indirectly, any rebates, free goods, or quantity discounts on beer which are not uniformly offered to all retail permittees.   5. Any violation of the requirements of this chapter or the rules adopted pursuant to this chapter shall subject the holder of a brewers certificate of compliance or a class A beer permit holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the certificate or permit, or revocation of the certificate or permit after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.  [C73, 75, 77, 79, 81, 123.135]  89 Acts, ch 221, 6; 89 Acts, ch 252, 3; 2010 Acts, ch 1031, 95, 96; 2012 Acts, ch 1021, 38; 2013 Acts, ch 35, 12; 2015 Acts, ch 53, 9; 2016 Acts, ch 1073, 45; 2017 Acts, ch 119, 31; 2019 Acts, ch 113, 44, 45  Referred to in 123.32 
123.136 Barrel tax.   1. In addition to the annual permit fee to be paid by all class A beer permittees under this chapter there shall be levied and collected from the permittees on all beer manufactured for sale or sold in this state at wholesale and on all beer imported into this state for sale at wholesale and sold in this state at wholesale, and from special class A beer permittees on all beer manufactured for consumption on the premises and on all beer sold at retail at the manufacturing premises for consumption off the premises pursuant to section 123.130, subsection 4, a tax of five and eighty-nine hundredths dollars for every barrel containing thirty-one gallons, and at a like rate for any other quantity or for the fractional part of a barrel. However, no tax shall be levied or collected on beer shipped outside this state by a class A beer permittee or special class A beer permittee or on beer sold to a class A beer permittee by a special class A beer permittee or another class A beer permittee.   2. All revenue derived from the barrel tax shall accrue to the state general fund.   3. All of the provisions of this chapter relating to the administration of the barrel tax on beer shall apply to this section.  [C35, 1921-f118; C39, 1921.120; C46, 50, 54, 58, 62, 66, 71, 124.25; C73, 75, 77, 79, 81, 123.136]  86 Acts, ch 1246, 751; 89 Acts, ch 221, 7; 2015 Acts, ch 53, 10; 2016 Acts, ch 1073, 46; 2017 Acts, ch 119, 32; 2019 Acts, ch 113, 46  Referred to in 123.130, 123.137, 123.142 
123.137 Report of barrel sales  penalty.   1. A person holding a class A or special class A beer permit shall, on or before the tenth day of each calendar month commencing on the tenth day of the calendar month following the month in which the person is issued a beer permit, make a report under oath to the division electronically, or in a manner prescribed by the administrator, showing the exact number of barrels of beer, or fractional parts of barrels, sold by the beer permit holder during the preceding calendar month. The report shall also state information the administrator requires, and beer permit holders shall at the time of filing a report pay to the division the amount of tax due at the rate fixed in section 123.136.   2. A penalty of ten percent of the amount of the tax shall be added thereto if the report is not filed and the tax paid within the time required by this section.  [C35, 1921-f119; C39, 1921.121; C46, 50, 54, 58, 62, 66, 71, 124.26; C73, 75, 77, 79, 81, 123.137]  89 Acts, ch 221, 8; 2013 Acts, ch 35, 13; 2015 Acts, ch 53, 11; 2016 Acts, ch 1073, 47; 2017 Acts, ch 119, 33 
123.138 Records required  keg identification sticker.   1. Each class A or special class A beer permittee shall keep proper records showing the amount of beer sold by the permittee, and these records shall be at all times open to inspection by the administrator and to other persons pursuant to section 123.30, subsection 1. Each class B beer permittee, class C beer permittee, or retail liquor control licensee shall keep proper records showing each purchase of beer made by the permittee or licensee, and the date and the amount of each purchase and the name of the person from whom each purchase was made, which records shall be open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the permittee or licensee.   2. a. Each class B, C, or special class C liquor control licensee and class B or C beer permittee who sells beer for off-premises consumption shall affix to each keg of beer an identification sticker provided by the administrator. The sticker provided shall allow for its full removal when common external keg cleaning procedures are performed. For the purposes of this subsection, keg means all durable and disposable containers with a liquid capacity of five gallons or more. Each class B, C, or special class C liquor control licensee and class B or C beer permittee shall also keep a record of the identification sticker number of each keg of beer sold by the licensee or permittee with the name and address of the purchaser and the number of the purchasers drivers license, nonoperators identification card, or military identification card, if the military identification card contains a picture and signature. This information shall be retained by the licensee or permittee for a minimum of ninety days. The records kept pursuant to this subsection shall be available for inspection by any law enforcement officer during normal business hours.   b. (1) The division shall provide the keg identification stickers described in paragraph a and shall, prior to utilizing a sticker, notify licensed brewers and licensed beer importers of the type of sticker to be utilized. Each sticker shall contain a number and the following statement:   It is unlawful to sell, give, or otherwise supply any alcoholic beverage, wine, or beer to any person under legal age. Any person who defaces this sticker shall be guilty of criminal mischief punishable pursuant to section 716.6 and shall cause the forfeiture of any deposit, if applicable.   (2) The identification sticker shall be placed on the keg at the time of retail sale. The licensee or permittee shall purchase the stickers referred to in this subsection from the division and shall remit to the division deposits forfeited pursuant to this lettered paragraph due to defacement. The cost of the stickers to licensees and permittees shall not exceed the divisions cost of producing and distributing the stickers. The moneys collected by the division relating to the sale of stickers and forfeited deposits shall be credited to the beer and liquor control fund.   c. The provisions of this subsection shall be implemented uniformly throughout the state. The provisions of this subsection shall preempt any local county or municipal ordinance regarding keg registration or the sale of beer in kegs. In addition, a county or municipality shall not adopt or continue in effect an ordinance regarding keg registration or the sale of beer in kegs.   d. The division shall establish by rule procedures relating to the forfeiture and remittance of deposits pursuant to paragraph b.  [C35, 1921-f120; C39, 1921.122; C46, 50, 54, 58, 62, 66, 71, 124.27; C73, 75, 77, 79, 81, 123.138]  88 Acts, ch 1241, 21; 89 Acts, ch 221, 9; 2007 Acts, ch 46, 2; 2013 Acts, ch 35, 40; 2014 Acts, ch 1092, 29; 2015 Acts, ch 53, 12; 2016 Acts, ch 1073, 48; 2017 Acts, ch 119, 34  Referred to in 123.50 
123.139 Separate locations  class A or special class A beer permit.   A class A or special class A beer permittee having more than one place of business is required to have a separate beer permit for each separate place of business maintained by the permittee where beer is manufactured, stored, warehoused, or sold.  [C35, 1921-f121; C39, 1921.123; C46, 50, 54, 58, 62, 66, 71, 124.28; C73, 75, 77, 79, 81, 123.139]  89 Acts, ch 221, 10; 2015 Acts, ch 53, 13; 2016 Acts, ch 1073, 49; 2017 Acts, ch 119, 35; 2018 Acts, ch 1060, 65 
123.14 Alcoholic beverage control law enforcement.   1. The department of public safety is the primary alcoholic beverage control law enforcement authority for this state.   2. The county attorney, the county sheriff and the sheriffs deputies, and the police department of every city, and the alcoholic beverages division of the department of commerce, shall be supplementary aids to the department of public safety. Any neglect, misfeasance, or malfeasance shown by any peace officer included in this section shall be sufficient cause for the peace officers removal as provided by law. This section shall not be construed to affect the duties and responsibilities of any county attorney or peace officer with respect to law enforcement.   3. The department of public safety shall have full access to all records, reports, audits, tax reports and all other documents and papers in the alcoholic beverages division pertaining to liquor licensees and wine and beer permittees and their business.  [C35, 1921-f94; C39, 1921.093; C46, 50, 54, 58, 62, 66, 71, 123.93; C73, 75, 77, 79, 81, 123.14]  85 Acts, ch 32, 11; 88 Acts, ch 1241, 2; 2002 Acts, ch 1119, 11; 2005 Acts, ch 35, 28; 2018 Acts, ch 1060, 7  Referred to in 331.653, 331.756(24) 
123.140 Separate locations  class B or C beer permit.   Every person holding a class B or class C beer permit having more than one place of business where such beer is sold which places do not constitute a single premises within the meaning of section 123.3, subsection 29, shall be required to have a separate license for each separate place of business, except as otherwise provided by this chapter.  [C35, 1921-f122; C39, 1921.124; C46, 50, 54, 58, 62, 66, 71, 124.29; C73, 75, 77, 79, 81, 123.140]  2016 Acts, ch 1073, 50 
123.141 Keeping liquor where beer is sold.   No alcoholic liquor for beverage purposes shall be used, or kept for any purpose in the place of business of class B beer permittees, or on the premises of such class B beer permittees, at any time. A violation of any provision of this section shall be grounds for suspension or revocation of the beer permit pursuant to section 123.50, subsection 3. This section shall not apply in any manner or in any way to the premises of any hotel or motel for which a class B beer permit has been issued, other than that part of such premises regularly used by the hotel or motel for the principal purpose of selling beer or food to the general public, to a premises for which both a class B beer permit and a class A native distilled spirits license have been issued, or to keep a pharmacy from having alcohol in stock for medicinal and compounding purposes.  [C35, 1921-g4; C39, 1921.126; C46, 50, 54, 58, 62, 66, 71, 124.31; C73, 75, 77, 79, 81, 123.141]  2011 Acts, ch 17, 14; 2016 Acts, ch 1073, 51; 2017 Acts, ch 29, 40; 2019 Acts, ch 160, 4 
123.142 Unlawful sale and importation.   1. It is unlawful for the holder of a class B or class C beer permit issued under this chapter to sell beer, except beer brewed on the premises covered by a special class A beer permit or beer purchased from a person holding a class A beer permit issued in accordance with this chapter, and on which the tax provided in section 123.136 has been paid. However, this section does not apply to class D liquor control licensees as provided in this chapter.   2. It shall be unlawful for any person not holding a class A beer permit to import beer into this state for the purpose of sale or resale.  [C35, 1921-f124; C39, 1921.127; C46, 50, 54, 58, 62, 66, 71, 124.32; C73, 75, 77, 79, 81, 123.142]  89 Acts, ch 221, 11; 2011 Acts, ch 17, 15; 2015 Acts, ch 53, 14; 2016 Acts, ch 1073, 52; 2017 Acts, ch 119, 36 
123.143 Distribution of funds.   The revenues obtained from permit fees and the barrel tax collected under the provisions of this chapter shall be distributed as follows:   1. All retail beer permit fees collected by any local authority at the time application for the permit is made shall be retained by the local authority. A certified copy of the receipt for the permit fee shall be submitted to the division with the application and the local authority shall be notified at the time the permit is issued. Those amounts collected for the privilege authorized under section 123.134, subsection 4, shall be deposited in the beer and liquor control fund.   2. All permit fees and taxes collected by the division under this subchapter shall accrue to the state general fund, except as otherwise provided.   3. Barrel tax revenues collected on beer manufactured in this state from a class A beer permittee which owns and operates a native brewery shall be credited to the barrel tax fund hereby created in the office of the treasurer of state. Moneys deposited in the barrel tax fund shall not revert to the general fund of the state without a specific appropriation by the general assembly. Moneys in the barrel tax fund are appropriated to the economic development authority for purposes of section 15E.117.  [C35, 1921-f125; C39, 1921.128; C46, 50, 54, 58, 62, 66, 71, 124.33; C73, 75, 77, 79, 81, 123.143]  83 Acts, ch 123, 60, 209; 84 Acts, ch 1312, 7; 85 Acts, ch 198, 2; 87 Acts, ch 95, 1; 2010 Acts, ch 1188, 29; 2011 Acts, ch 118, 85, 89; 2015 Acts, ch 30, 50; 2015 Acts, ch 53, 15; 2016 Acts, ch 1073, 53; 2017 Acts, ch 119, 37; 2019 Acts, ch 113, 47  Referred to in 15E.117, 125.59, 331.427 
123.144 Bottling beer. Repealed by 2019 Acts, ch 113, 63. See 123.122. 
123.145 Labels on bottles, barrels, etc.  conclusive evidence.   The label on any bottle, keg, barrel, or other container in which beer is offered for sale in this state, representing the alcoholic content of such beer as being in excess of five percent by weight shall be conclusive evidence as to the alcoholic content of the beer contained therein.  [C35, 1921-f128; C39, 1921.133; C46, 50, 54, 58, 62, 66, 71, 124.38; C73, 75, 77, 79, 81, 123.145]  2013 Acts, ch 30, 24 
123.146 Importation of beer for personal use. Repealed by 2019 Acts, ch 113, 63. See 123.122. 
123.15 Favors from licensee or permittee.   A person responsible for the administration or enforcement of this chapter shall not accept or solicit donations, gratuities, political advertising, gifts, or other favors, directly or indirectly, from any liquor control licensee, wine permittee, or beer permittee.  [C35, 1921-f27; C39, 1921.027; C46, 50, 54, 58, 62, 66, 71, 123.27; C73, 75, 77, 79, 81, 123.18]  85 Acts, ch 32, 14; 2015 Acts, ch 30, 204  C2016, 123.15 
123.150 Sunday sales before New Years Day.   Notwithstanding section 123.36, subsection 6, section 123.49, subsection 2, paragraph b, and section 123.134, subsection 4, a holder of any class of liquor control license or the holder of a class B beer permit may sell or dispense alcoholic liquor, wine, or beer to patrons for consumption on the premises between the hours of 6:00 a.m. on Sunday and 2:00 a.m. on Monday when that Monday is New Years Day and beer for consumption off the premises between the hours of 6:00 a.m. on Sunday and 2:00 a.m. on the following Monday when that Sunday is the day before New Years Day. The liquor control license fee or beer permit fee of licensees and permittees permitted to sell or dispense liquor, wine, or beer on a Sunday when that Sunday is the day before New Years Day shall not be increased because of this privilege. The special privileges granted in this section are in force only during the specified times provided in this section.  [C79, 81, 123.150]  85 Acts, ch 195, 15; 86 Acts, ch 1122, 10; 91 Acts, ch 245, 5; 2021 Acts, ch 155, 10  Section amended 
123.151 Posting notice on drunk driving laws required. Repealed by 93 Acts, ch 91, 22. 
123.153 Definitions. Repealed by  2011 Acts, ch 17, 16  . 
123.154 Project  revenue bonds. Repealed by 2011 Acts, ch 17, 16. 
123.155 Proceedings. Repealed by 2011 Acts, ch 17, 16. 
123.156 Bonds not debt of state. Repealed by 2011 Acts, ch 17, 16. 
123.157 Anticipatory notes. Repealed by 2011 Acts, ch 17, 16. 
123.158 Notice. Repealed by 2011 Acts, ch 17, 16. 
123.159 Exemption from taxation. Repealed by 2011 Acts, ch 17, 16. 
123.16 Annual report.   The commission shall cause to be prepared an annual report to the governor of the state, ending with June 30 of each fiscal year, on the operation and financial position of the division for the preceding fiscal year. The report shall include but is not limited to the following information:   1. Amount of profit or loss from division operations.   2. The current balance of the beer and liquor control fund, and the amount transferred from the fund to the treasurer of state during the period covered by the report.   3. All other funds on hand and the source from which derived.   4. The total quantity and particular kind of alcoholic liquor sold.   5. The increase or decrease of liquor sales from the previous reporting period.   6. The number of liquor control licenses, wine permits, and beer permits issued, by class, the number in effect on the last day included in the report, and the number which have been suspended or revoked during the period covered by the report.   7. Amount of fees paid to the division from liquor control licenses, wine permits, and beer permits, in gross, and the amount of liquor control license fees returned to local subdivisions of government as provided under this chapter.  [C35, 1921-f53; C39, 1921.053; C46, 50, 54, 58, 62, 66, 71, 123.53; C73, 75, 77, 79, 81, 123.55]  85 Acts, ch 32, 48; 86 Acts, ch 1246, 748; 2013 Acts, ch 35, 22; 2015 Acts, ch 30, 204  C2016, 123.16  Former 123.16 transferred to 123.8;  2015 Acts, ch 30, 204 
123.160 Bonds as investments. Repealed by 2011 Acts, ch 17, 16. 
123.161 Independent authorization. Repealed by 2011 Acts, ch 17, 16. 
123.162 Limitation. Repealed by 2011 Acts, ch 17, 16. 
123.17 Beer and liquor control fund  allocations to substance abuse programs  use of civil penalties.   1. There shall be established within the office of the treasurer of state a fund to be known as the beer and liquor control fund. The fund shall consist of any moneys appropriated by the general assembly for deposit in the fund and moneys received from the sale of alcoholic liquors by the division, from the issuance of permits and licenses, and of moneys and receipts received by the division from any other source.   2. a. The director of the department of administrative services shall periodically transfer from the beer and liquor control fund to the general fund of the state those revenues of the division which are not necessary for the purchase of liquor for resale by the division, or for remittances to local authorities or other sources as required by this chapter, or for other obligations and expenses of the division which are paid from such fund.   b. All moneys received by the division from the issuance of vintners certificates of compliance and wine permits shall be transferred by the director of the department of administrative services to the general fund of the state.   3. Notwithstanding subsection 2, if gaming revenues under sections 99D.17 and 99F.11 are insufficient in a fiscal year to meet the total amount of such revenues directed to be deposited in the revenue bonds debt service fund and the revenue bonds federal subsidy holdback fund during the fiscal year pursuant to section 8.57, subsection 5, paragraph e, the difference shall be paid from moneys deposited in the beer and liquor control fund prior to transfer of such moneys to the general fund pursuant to subsection 2 and prior to the transfer of such moneys pursuant to subsections 5 and 6. If moneys deposited in the beer and liquor control fund are insufficient during the fiscal year to pay the difference, the remaining difference shall be paid from moneys deposited in the beer and liquor control fund in subsequent fiscal years as such moneys become available.   4. The treasurer of state shall, each quarter, prepare an estimate of the gaming revenues and of the moneys to be deposited in the beer and liquor control fund that will become available during the remainder of the appropriate fiscal year for the purposes described in subsection 3. The department of management, the department of inspections and appeals, and the department of commerce shall take appropriate actions to provide that the sum of the amount of gaming revenues available to be deposited into the revenue bonds debt service fund and the revenue bonds federal subsidy holdback fund during a fiscal year and the amount of moneys to be deposited in the beer and liquor control fund available to be deposited into the revenue bonds debt service fund and the revenue bonds federal subsidy holdback fund during such fiscal year will be sufficient to cover any anticipated deficiencies.   5. After any transfer provided for in subsection 3 is made, the department of commerce shall transfer into a special revenue account in the general fund of the state, a sum of money at least equal to seven percent of the gross amount of sales made by the division from the beer and liquor control fund on a monthly basis but not less than nine million dollars annually. Of the amounts transferred, two million dollars, plus an additional amount determined by the general assembly, shall be appropriated to the Iowa department of public health for use by the staff who administer the comprehensive substance abuse program under chapter 125 for substance abuse treatment and prevention programs. Any amounts received in excess of the amounts appropriated to the Iowa department of public health for use by the staff who administer the comprehensive substance abuse program under chapter 125 shall be considered part of the general fund balance.   6. After any transfers provided for in subsections 3 and 5, the department of commerce shall transfer to the division from the beer and liquor control fund and before any other transfer to the general fund, an amount sufficient to pay the costs incurred by the division for collecting and properly disposing of the liquor containers.   7. a. After any transfers provided for in subsections 3, 5, and 6, and before any other transfer to the general fund, the department of commerce shall transfer to the economic development authority from the beer and liquor control fund one million dollars annually for a statewide tourism marketing campaign.   b. As part of the statewide tourism marketing campaign pursuant to paragraph a, the economic development authority shall issue a single request for proposals to select an entity located in this state for a statewide effort to leverage public and private partnerships to market and promote the state as a travel destination.   8. Civil penalties imposed and collected by the division shall be credited to the general fund of the state. The moneys from the civil penalties shall be used by the division, subject to appropriation by the general assembly, for the purposes of providing educational programs, information and publications for alcoholic beverage licensees and permittees, local authorities, and law enforcement agencies regarding the laws and rules which govern the alcoholic beverages industry, and for promoting compliance with alcoholic beverage laws and rules.  [C35, 1921-f50; C39, 1921.050; C46, 50, 54, 58, 62, 66, 71, 123.50; C73, 75, 77, 79, 81, 123.53]  85 Acts, ch 32, 45  47; 86 Acts, ch 1246, 603, 747; 88 Acts, ch 1151, 1; 88 Acts, ch 1250, 10; 92 Acts, ch 1242, 25; 93 Acts, ch 91, 19; 99 Acts, ch 199, 32; 2003 Acts, ch 145, 286; 2005 Acts, ch 179, 144, 146; 2006 Acts, ch 1010, 51; 2007 Acts, ch 126, 23; 2009 Acts, ch 41, 263; 2009 Acts, ch 173, 31, 32, 36; 2010 Acts, ch 1184, 92; 2011 Acts, ch 34, 35; 2012 Acts, ch 1021, 136; 2015 Acts, ch 30, 204  C2016, 123.17  2021 Acts, ch 171, 30  Referred to in 8.57, 24.14, 123.24, 123.39, 123.183  Former 123.17 transferred to 123.13;  2015 Acts, ch 30, 204  NEW subsection 7 and former subsection 7 renumbered as 8 
123.171 Wine certificate, permit, or license required  exceptions for personal use.   1. A person shall not cause the manufacture, importation, or sale of wine in this state unless a certificate or permit as provided in this subchapter, or a liquor control license as provided in subchapter I of this chapter, is first obtained which authorizes that manufacture, importation, or sale.   2. Any person of legal age may manufacture wine for personal use without a class A wine permit, subject to the requirements of this subsection. Such wine may be consumed on the premises or removed from the premises where it was manufactured only if the wine is not sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property or services or in evasion of the requirements of this chapter.   3. Notwithstanding subsection 1, an individual of legal age may import into the state without a certificate, permit, or license an amount of wine not to exceed nine liters per calendar month that the individual personally obtained outside the state or, in the case of wine personally obtained outside the United States, a quantity which does not exceed the amount allowed by federal law governing the importation of alcoholic beverages into the United States for personal consumption. Wine imported pursuant to this subsection shall be for personal consumption in a private home or other private accommodation and only if the wine is not sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property or services or in evasion of the requirements of this chapter.  85 Acts, ch 32, 62; 2015 Acts, ch 30, 51; 2016 Acts, ch 1008, 10; 2018 Acts, ch 1096, 5, 6  Referred to in 123.10 
123.172 Effect on liquor control licensees.   All applicable provisions of this subchapter relating to class B wine permits apply to liquor control licensees in the purchasing, storage, handling, serving, and sale of wine.  85 Acts, ch 32, 63; 2015 Acts, ch 30, 52 
123.173 Wine permits  classes  authority.   1. Except as provided in section 123.187, permits exclusively for the sale or manufacture and sale of wine shall be divided into four classes, and shall be known as class A, B, B native, or C native wine permits.   2. A class A wine permit allows the holder to manufacture and sell, or sell at wholesale, in this state, wine. The holder of a class A wine permit may manufacture in this state wine having an alcoholic content greater than seventeen percent by weight or twenty-one and twenty-five hundredths percent of alcohol by volume for shipment outside this state. All class A premises shall be located within the state. A class B or class B native wine permit allows the holder to sell wine at retail for consumption off the premises. A class B or class B native wine permittee who also holds a class E liquor control license may sell wine to class A, class B, class C, special class C, and class D liquor control licensees for resale for consumption on the premises. Such wine sales shall be in quantities of less than one case of any wine brand but not more than one such sale shall be made to the same liquor control licensee in a twenty-four-hour period. A class B or class B native wine permittee shall not sell wine to other class B or class B native wine permittees. A class C native wine permit allows the holder to sell native wine for consumption on or off the premises.   3. A class A wine permittee shall be required to deliver wine to a retail wine permittee, and a retail wine permittee shall be required to accept delivery of wine from a class A wine permittee, only at the licensed premises of the retail wine permittee. Except as specifically permitted by the division upon good cause shown, delivery or transfer of wine from an unlicensed premises to a licensed retail wine permittees premises, or from one licensed retail wine permittees premises to another licensed retail wine permittees premises, even if there is common ownership of all of the premises by one retail permittee, is prohibited. A class B or class B native wine permittee who also holds a class E liquor control license shall keep and maintain records for each sale of wine to liquor control licensees showing the name of the establishment to which wine was sold, the date of sale, and the brands and number of bottles sold to the liquor control licensee.   4. When a class B or class B native wine permittee who also holds a class E liquor control license sells wine to a liquor control licensee, the liquor control licensee shall sign a report attesting to the purchase. The class B or class B native wine permittee who also holds a class E liquor control license shall submit a report to the division electronically, or in a manner prescribed by the administrator, not later than the tenth of each month stating each sale of wine to liquor control licensees during the preceding month, the date of each sale, and the brands and numbers of bottles with each sale. A class B permittee who holds a class E liquor control license may sell to class A, class B, or class C liquor control licensees only if the licensed premises of the liquor control licensee is located within the geographic territory of the class A wine permittee from which the wine was originally purchased by the class B or class B native wine permittee.  85 Acts, ch 32, 64; 88 Acts, ch 1241, 22; 91 Acts, ch 203, 2, 3; 2003 Acts, ch 143, 7, 17; 2006 Acts, ch 1032, 2; 2010 Acts, ch 1031, 99; 2013 Acts, ch 35, 14; 2016 Acts, ch 1008, 11; 2018 Acts, ch 1060, 66  Referred to in 123.30, 123.176 
123.173A Charity beer, spirits, and wine auction permit.   1. For purposes of this section, authorized nonprofit entity includes a nonprofit entity which has a principal office in the state, a nonprofit corporation organized under chapter 504, or a foreign corporation as defined in section 504.141, whose income is exempt from federal taxation under section 501(c) of the Internal Revenue Code.   2. An authorized nonprofit entity may, upon application to the division and receipt of a charity beer, spirits, and wine auction permit from the division, conduct a charity auction which includes beer, spirits, and wine. The completed application shall specify the date and time when the charity beer, spirits, and wine auction is to be conducted and the premises in this state where the charity beer, spirits, and wine auction is to be physically conducted. The applicant shall certify that the objective of the charity beer, spirits, and wine auction is to raise funds solely to be used for educational, religious, or charitable purposes and that the entire proceeds from the charity beer, spirits, and wine auction are to be expended for any of the purposes described in section 423.3, subsection 78.   3. An authorized nonprofit entity shall be eligible to receive only two charity beer, spirits, and wine auction permits during a calendar year and each charity beer, spirits, and wine auction permit shall be valid for a period not to exceed thirty-six consecutive hours.   4. The authorized nonprofit entity conducting the charity beer, spirits, and wine auction shall obtain the beer, spirits, and wine to be auctioned at the charity beer, spirits, and wine auction from an Iowa retail beer permittee, an Iowa retail liquor control licensee, or an Iowa retail wine permittee, or may receive donations of beer, spirits, or wine to be auctioned at the charity beer, spirits, and wine auction from persons who purchased the donated beer, spirits, or wine from an Iowa retail beer permittee, an Iowa retail liquor control licensee, an Iowa class A native distilled spirits licensee, or an Iowa retail wine permittee and who present a receipt documenting the purchase at the time the beer, spirits, or wine is donated. The authorized nonprofit entity conducting the charity beer, spirits, and wine auction shall retain a copy of the receipt for a period of one year from the date of the charity beer, spirits, and wine auction.   5. Persons shall be physically present at the charity beer, spirits, and wine auction to be eligible to bid on beer, spirits, and wine sold at the charity auction.   6. The beer, spirits, and wine sold at the charity beer, spirits, and wine auction shall be in original containers for consumption off of the premises where the charity beer, spirits, and wine auction is conducted. No other alcoholic beverage may be sold by the charity beer, spirits, and wine auction permittee at the charity beer, spirits, and wine auction. A purchaser of beer, spirits, or wine at a charity beer, spirits, and wine auction shall not take possession of the beer, spirits, or wine until the person is leaving the event. A purchaser of beer, spirits, or wine at a charity beer, spirits, and wine auction shall not open the container or consume or permit the consumption of the beer, spirits, or wine purchased on the premises where the charity beer, spirits, and wine auction is conducted. A purchaser of beer, spirits, or wine at a charity beer, spirits, and wine auction shall not resell the beer, spirits, or wine.   7. A liquor control licensee, beer permittee, class A native distilled spirits licensee, or wine permittee shall not purchase beer, spirits, or wine at a charity beer, spirits, and wine auction. The charity beer, spirits, and wine auction may be conducted on a premises for which a class B liquor control license or class C liquor control license has been issued, provided that the liquor control licensee does not participate in the charity beer, spirits, and wine auction, supply beer, spirits, or wine to be auctioned at the charity beer, spirits, and wine auction, or receive any of the proceeds of the charity beer, spirits, and wine auction.   8. Any violation of the requirements of this chapter or the rules adopted pursuant to this chapter shall subject the permit holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the permit, or revocation of the permit after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.  2010 Acts, ch 1031, 85; 2013 Acts, ch 51, 1; 2017 Acts, ch 119, 47; 2019 Acts, ch 113, 48, 49  Referred to in 123.32 
123.173B Charity beer, spirits, and wine event permit.   1. For purposes of this section,authorized nonprofit entity includes a nonprofit entity which has a principal office in the state, a nonprofit corporation organized under chapter 504, or a foreign corporation as defined in section 504.141, whose income is exempt from federal taxation under section 501(c) of the Internal Revenue Code.   2. Upon application to the division and receipt of a charity beer, spirits, and wine event permit, an authorized nonprofit entity may conduct an event at which the entity is authorized to serve the events attendees beer, spirits, and wine for consumption on the premises of the event, regardless of whether the entity charges an admission fee to the event or otherwise collects the cost of the beer, spirits, and wine served from the events attendees and subject to the requirements of this section.   3. An application for a charity beer, spirits, and wine event permit shall include all of the following information:   a. The date and time when the charity beer, spirits, and wine event is to be conducted and the location of the premises in this state where the charity beer, spirits, and wine event is to be physically conducted.   b. The liquor control license or wine or beer permit number issued by the division for the premises where the charity beer, spirits, and wine event is to be conducted.   c. A certification that the objective of the charity beer, spirits, and wine event is to raise funds solely to be used for educational, religious, or charitable purposes and that the entire proceeds from the charity beer, spirits, and wine event are to be expended for any of the purposes described in section 423.3, subsection 78.   4. A charity beer, spirits, and wine event shall comply with all of the following requirements:   a. The event is to be conducted on a premises covered by a valid liquor control license or wine or beer permit issued by the division.   b. The authorized nonprofit entity shall have a written agreement with the liquor control licensee or wine or beer permittee covering the premises where the event is to be conducted specifying that that licensee or permittee shall act as the agent of the authorized nonprofit entity for the purpose of providing and serving alcoholic beverages to the attendees of the event.   c. The liquor control licensee or wine or beer permittee covering the premises where the event is to be conducted shall supply all alcoholic beverages served to the attendees of the event.   d. Only those types of alcoholic beverages as are authorized to be sold by the liquor control license or wine or beer permit covering the premises where the event is to be conducted are to be served to the attendees of the event.   5. An authorized nonprofit entity shall be eligible to receive no more than two charity beer, spirits, and wine event permits during a calendar year and each charity beer, spirits, and wine event permit shall be valid for a period not to exceed thirty-six consecutive hours.   6. Any violation of the requirements of this chapter or the rules adopted pursuant to this chapter shall subject the charity beer, spirits, and wine event permit holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the permit, or revocation of the permit after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.  2020 Acts, ch 1114, 2  Referred to in 123.32 
123.174 Issuance of wine permits.   The administrator shall issue wine permits as provided in this chapter, and may suspend or revoke a wine permit for cause as provided in this chapter.  85 Acts, ch 32, 65; 2003 Acts, ch 143, 8, 17 
123.175 Class A or retail wine permit application and issuance.   1. A person applying for a class A or retail wine permit shall submit a completed application electronically, or in a manner prescribed by the administrator, which shall set forth under oath the following:   a. The name and place of residence of the applicant.   b. The names and addresses of all persons or, in the case of a corporation, limited liability company, or any other similar legal entity, the officers, directors, and persons owning or controlling ten percent or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise, in the business.   c. The location of the premises where the applicant intends to operate.   d. The name of the owner of the premises and if the owner of the premises is not the applicant, whether the applicant is the actual lessee of the premises.   e. When required by the administrator, and in such form and containing such information as the administrator may require, a description of the premises where the applicant intends to use the permit, to include a sketch or drawing of the premises and, if applicable, the number of square feet of interior floor space which comprises the retail sales area of the premises.   f. Whether any person specified in paragraph b has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory.   g. Any other information as required by the administrator.   2. The administrator shall issue a class A or retail wine permit to any applicant who establishes all of the following:   a. That the applicant has submitted a completed application as required by subsection 1.   b. That the applicant is a person of good moral character as provided in section 123.3, subsection 40.   c. That the applicant is a citizen of the state of Iowa or, if a corporation, that the applicant is authorized to do business in the state.   d. That, in the case of a class A wine permit, the applicant has filed with the division a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and that the applicant will faithfully observe and comply with all the laws, rules, and regulations governing the manufacture and sale of wine.   e. That the premises where the applicant intends to use the permit conforms to all applicable laws, health regulations, and fire regulations, and constitutes a safe and proper place or building.   f. That the applicant gives consent to a person, pursuant to section 123.30, subsection 1, to enter upon the premises without a warrant during the business hours of the applicant to inspect for violations of the provisions of this chapter or ordinances and regulations that local authorities may adopt.   g. That the applicant has submitted, in the case of a class A wine permit, a bond in the amount of five thousand dollars in a manner prescribed by the administrator with good and sufficient sureties to be approved by the division conditioned upon compliance with this chapter.  85 Acts, ch 32, 66; 88 Acts, ch 1241, 23; 2003 Acts, ch 143, 9, 17; 2013 Acts, ch 35, 15, 16; 2017 Acts, ch 119, 13; 2018 Acts, ch 1060, 67; 2019 Acts, ch 113, 50, 51  Referred to in 123.32, 123.187 
123.176 Native wines.   1. Subject to rules of the division, manufacturers of native wines from grapes, cherries, other fruits or other fruit juices, vegetables, vegetable juices, dandelions, clover, honey, or any combination of these ingredients, holding a class A wine permit as required by this chapter, may sell, keep, or offer for sale and deliver the wine. Notwithstanding section 123.24, subsection 2, paragraph b, or any other provision of this chapter, manufacturers of native wine may obtain and possess grape brandy from the division for the sole purpose of manufacturing wine.   2. Native wine may be sold at retail for off-premises consumption when sold on the premises of the manufacturer, or in a retail establishment operated by the manufacturer. Sales may also be made to class A or retail wine permittees or liquor control licensees as authorized by sections 123.173 and 123.177. A manufacturer of native wines shall not sell the wines other than as permitted in this chapter and shall not allow wine sold to be consumed upon the premises of the manufacturer. However, prior to sale, native wines may be tasted pursuant to the rules of the division on the premises where made, when no charge is made for the tasting.   3. A manufacturer of native wines may ship wine in closed containers to individual purchasers inside this state by obtaining a wine direct shipper permit pursuant to section 123.187.   4. A class A wine permit issued for a native wine manufacturer shall only allow the native wine manufacturer to sell, keep, or offer for sale and deliver the manufacturers native wines as provided under this section.   5. Notwithstanding any other provision of this chapter, a person engaged in the business of manufacturing native wine may sell native wine at retail for consumption on the premises of the manufacturing facility by applying for a class C native wine permit as provided in section 123.178B. A manufacturer of native wine may be granted not more than two class C native wine permits. A manufacturer of native wine may be issued a class C native wine permit regardless of whether the manufacturer is also a manufacturer of beer pursuant to a class A beer permit or a manufacturer of native distilled spirits pursuant to a class A native distilled spirits license.   6. Notwithstanding any other provision of this chapter, a person employed by a manufacturer of native wine holding a class A wine permit may be employed by a brewery with a class A beer permit provided the person has no ownership interest in either licensed premises.   7. A manufacturer may use the space and equipment of another manufacturer for the purpose of manufacturing native wine, provided that such an alternating proprietorship arrangement is approved by the alcohol and tobacco tax and trade bureau of the United States department of the treasury. A separate class A wine permit shall be issued to each manufacturer, and each manufacturer shall be subject to the provisions of this chapter and the rules of the division. Notwithstanding subsection 5, not more than one class C native wine permit shall be issued to a premises with alternating proprietorships.   8. A manufacturer of native wines shall file with the division, on or before the fifteenth day of each calendar month, all documents filed with the alcohol and tobacco tax and trade bureau of the United States department of the treasury, including all wine premises operations and excise tax return reports.   9. For the purposes of this section, manufacturer includes only those persons who process in Iowa the fruit, vegetables, dandelions, clover, honey, or any combination of these ingredients, by fermentation into wines.  [C35, 1921-f56; C39, 1921.056; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 123.56]  85 Acts, ch 32, 49; 85 Acts, ch 198, 1; 2003 Acts, ch 143, 4, 5, 17; 2009 Acts, ch 73, 1; 2011 Acts, ch 17, 11; 2011 Acts, ch 30, 8; 2015 Acts, ch 53, 2; 2016 Acts, ch 1008, 8; 2017 Acts, ch 119, 46; 2018 Acts, ch 1060, 41; 2019 Acts, ch 113, 33  35, 62; 2019 Acts, ch 160, 3  C2020, 123.176  2021 Acts, ch 133, 4  Referred to in 123.3  Former 123.176 repealed by  2003 Acts, ch 143, 15, 17  Subsection 5 amended 
123.177 Authority under class A wine permit.   1. A person holding a class A wine permit may manufacture and sell, or sell at wholesale, wine for consumption off the premises. Sales within the state may be made only to persons holding a class A or B wine permit and to persons holding a retail liquor control license. However, if the person holding the class A permit is a manufacturer of native wine, the person may sell only native wine to a person holding a retail wine permit or a retail liquor control license. A person holding a class A wine permit may sell wine to distributors outside of the state that are authorized by the laws of that jurisdiction to sell wine at wholesale. A class A wine permittee having more than one place of business shall obtain a separate permit for each place of business where wine is to be manufactured, stored, warehoused, or sold.   2. A class A wine permit holder may purchase and resell only those brands of wine which are manufactured, fermented, bottled, shipped, or imported by a person holding a certificate of compliance issued pursuant to section 123.180.   3. A class A wine permit holder may sell wine to a person holding both a class B beer permit and a class A beer permit pursuant to section 123.131, subsection 4.  85 Acts, ch 32, 68; 88 Acts, ch 1241, 25; 93 Acts, ch 91, 21; 2003 Acts, ch 143, 10, 17; 2017 Acts, ch 119, 14; 2018 Acts, ch 1060, 68; 2019 Acts, ch 113, 52  Referred to in 123.30, 123.176 
123.178 Authority under class B wine permit.   1. A person holding a class B wine permit may sell wine at retail for consumption off the premises. Wine shall be sold for consumption off the premises in original containers except as provided in subsection 4.   2. A class B wine permittee having more than one place of business where wine is sold shall obtain a separate permit for each place of business.   3. A person holding a class B wine permit may purchase wine for resale only from a person holding a class A wine permit.   4. Subject to the rules of the division, sales made pursuant to this section may be made in a container other than the original container only if all of the following requirements are met:   a. The wine is transferred from the original container to the container to be sold on the licensed premises at the time of sale or when sold by telephonic or other electronic means.   b. The person transferring the wine from the original container to the container to be sold shall be eighteen years of age or more.   c. The container to be sold shall be no larger than seventy-two ounces.   d. The container to be sold shall be securely sealed by a method authorized by the division that is designed so that if the sealed container is reopened or the seal tampered with, it is visibly apparent that the seal on the container of wine has been tampered with or the sealed container has otherwise been reopened.   5. A container of wine other than the original container that is sold and sealed in compliance with the requirements of subsection 4 and the rules of the division shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.  85 Acts, ch 32, 69; 86 Acts, ch 1246, 752; 2020 Acts, ch 1114, 4, 5 
123.178A Authority under class B native wine permit.   1. A person holding a class B native wine permit may sell native wine only at retail for consumption off the premises. Native wine shall be sold for consumption off the premises in original containers except as provided in subsection 4.   2. A class B native wine permittee having more than one place of business where wine is sold shall obtain a separate permit for each place of business.   3. A person holding a class B native wine permit may purchase wine for resale only from a native winery holding a class A wine permit.   4. Subject to the rules of the division, sales made pursuant to this section may be made in a container other than the original container only if all of the following requirements are met:   a. The wine is transferred from the original container to the container to be sold on the licensed premises at the time of sale or when sold by telephonic or other electronic means.   b. The person transferring the wine from the original container to the container to be sold shall be eighteen years of age or more.   c. The container to be sold shall be no larger than seventy-two ounces.   d. The container to be sold shall be securely sealed by a method authorized by the division that is designed so that if the sealed container is reopened or the seal tampered with, it is visibly apparent that the seal on the container of wine has been tampered with or the sealed container has otherwise been reopened.   5. A container of wine other than the original container that is sold and sealed in compliance with the requirements of subsection 4 and the rules of the division shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.  2003 Acts, ch 143, 11, 17; 2020 Acts, ch 1114, 6, 7 
123.178B Authority under class C native wine permit.   1. A person holding a class C native wine permit may sell native wine only at retail for consumption on or off the premises. Sales of wine for consumption off the premises made pursuant to this section shall be made in original containers except as provided in subsection 5.   2. A class C native wine permittee having more than one place of business where wine is sold and served shall obtain a separate permit for each place of business.   3. A person holding a class C native wine permit may purchase wine for resale only from a native winery holding a class A wine permit.   4. A person holding a class C native wine permit and a class A wine permit whose primary purpose is manufacturing native wine may purchase beer from a wholesaler holding a class A beer permit for sale at retail for consumption on or off the premises covered by the class C native wine permit.   5. Subject to the rules of the division, sales made pursuant to this section may be made in a container other than the original container only if all of the following requirements are met:   a. The wine is transferred from the original container to the container to be sold on the licensed premises at the time of sale or when sold by telephonic or other electronic means.   b. The person transferring the wine from the original container to the container to be sold shall be eighteen years of age or more.   c. The container to be sold shall be no larger than seventy-two ounces.   d. The container to be sold shall be securely sealed by a method authorized by the division that is designed so that if the sealed container is reopened or the seal tampered with, it is visibly apparent that the seal on the container of wine has been tampered with or the sealed container has otherwise been reopened.   6. A container of wine other than the original container that is sold and sealed in compliance with the requirements of subsection 5 and the rules of the division shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.  2003 Acts, ch 143, 12, 17; 2009 Acts, ch 104, 1; 2017 Acts, ch 119, 15; 2020 Acts, ch 1114, 8, 9  Referred to in 123.130, 123.176 
123.179 Permit fees.   1. The annual permit fee for a class A wine permit that is not issued to a native wine manufacturer is seven hundred fifty dollars.   2. The annual permit fee for a class A wine permit issued to a native wine manufacturer is twenty-five dollars.   3. The annual permit fee for a class B wine permit is five hundred dollars.   4. The annual permit fee for a class B native wine permit is twenty-five dollars.   5. The annual permit fee for a class C native wine permit is twenty-five dollars.   6. The fee for a charity beer, spirits, and wine auction permit is one hundred dollars.   7. The fee for a charity beer, spirits, and wine event permit is one hundred dollars.  85 Acts, ch 32, 70; 2003 Acts, ch 143, 13, 17; 2010 Acts, ch 1031, 86; 2013 Acts, ch 51, 2; 2019 Acts, ch 113, 53, 54; 2020 Acts, ch 1114, 3  Referred to in 123.34 
123.18 Appropriations.   Division appropriations shall be paid by the treasurer of state upon the orders of the administrator, in such amounts and at such times as the administrator deems necessary to carry on operations in accordance with the terms of this chapter.  [C35, 1921-f52; C39, 1921.052; C46, 50, 54, 58, 62, 66, 71, 123.52; C73, 75, 77, 79, 81, 123.54]  2015 Acts, ch 30, 204  C2016, 123.18  Former 123.18 transferred to 123.15;  2015 Acts, ch 30, 204 
123.180 Vintners certificate of compliance  wholesale and retail restrictions  penalties.   1. A manufacturer, vintner, bottler, importer, or vendor of wine, or an agent thereof, desiring to ship, sell, or have wine brought into this state for sale at wholesale by a class A permittee shall first make application for and shall be issued a vintners certificate of compliance by the administrator for that purpose. The vintners certificate of compliance shall expire at the end of one year from the date of issuance and shall be renewed for a like period upon application to the administrator unless otherwise revoked for cause. Each completed application for a vintners certificate of compliance or renewal of a certificate shall be submitted electronically, or in a manner prescribed by the administrator, and shall be accompanied by a fee of one hundred dollars payable to the division. Each holder of a vintners certificate of compliance shall furnish the information required by the administrator in the form the administrator requires. A vintner or wine bottler whose plant is located in Iowa and who otherwise holds a class A wine permit to sell wine at wholesale is exempt from the fee, but not the other terms and conditions. The holder of a vintners certificate of compliance may also hold a class A wine permit.   2. At the time of applying for a vintners certificate of compliance, each applicant shall file with the division a list of all class A wine permittees with whom it intends to do business. The listing of class A wine permittees as filed with the division shall be amended by the holder of the certificate of compliance as necessary to keep the listing current with the division.   3. All class A wine permit holders shall sell only those brands of wine which are manufactured, bottled, fermented, shipped, or imported by a person holding a current vintners certificate of compliance. An employee or agent working for or representing the holder of a vintners certificate of compliance within this state shall register the employees or agents name and address with the division. These names and addresses shall be filed with the divisions copy of the certificate of compliance issued except that this provision does not require the listing of those persons who are employed on the premises of a bottling plant, or winery where wine is manufactured, fermented, or bottled in Iowa or the listing of those persons who are thereafter engaged in the transporting of the wine.   4. It is unlawful for a holder of a vintners certificate of compliance or the holders agent, or any class A wine permittee or the permittees agent, to discriminate between class B wine permittees authorized to sell wine at retail.   5. It is unlawful for a holder of a vintners certificate of compliance or the vintners agent who is engaged in the business of selling wine to class A wine permittees to discriminate between class A wine permittees authorized to sell wine at wholesale.   6. Any violation of the requirements of this chapter or the rules adopted pursuant to this chapter shall subject the holder of a vintners certificate of compliance or a class A wine permit holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the certificate or permit, or revocation of the certificate or permit after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.  85 Acts, ch 32, 71; 89 Acts, ch 161, 8; 89 Acts, ch 252, 4; 2012 Acts, ch 1021, 39; 2013 Acts, ch 35, 17; 2015 Acts, ch 53, 16; 2017 Acts, ch 119, 16; 2019 Acts, ch 113, 55, 56  Referred to in 123.32, 123.177 
123.181 Prohibited acts.   1. A holder of any class B wine permit shall not sell wine except wine which is purchased from a person holding a class A wine permit and on which the tax imposed by section 123.183 has been paid or wine purchased from a manufacturer of native wines.   2. A class A wine permittee shall not sell wine on credit to a retail licensee or permittee for a period exceeding thirty days from date of delivery.  85 Acts, ch 32, 72; 89 Acts, ch 252, 5; 2018 Acts, ch 1060, 69 
123.182 Labels  point of origin  conclusive evidence.   1. All imported bulk wines to be bottled and distributed in the state shall have the point of origin stated on the label. The print size for the point of origin shall be at least half the print size of the brand name on the label.   2. The label on a bottle or other container in which wine is offered for sale in this state, which label represents the alcoholic content of the wine as being in excess of seventeen percent by weight or twenty-one and twenty-five hundredths percent of alcohol by volume, is conclusive evidence of the alcoholic content of that wine.  85 Acts, ch 32, 73; 2006 Acts, ch 1032, 3 
123.183 Wine gallonage tax and related funds.   1. In addition to the annual permit fee to be paid by each class A wine permittee, a wine gallonage tax shall be levied and collected from each class A wine permittee on all wine manufactured for sale and sold in this state at wholesale and on all wine imported into this state for sale at wholesale and sold in this state at wholesale. A wine gallonage tax shall also be levied and collected on the direct shipment of wine pursuant to section 123.187. The rate of the wine gallonage tax is one dollar and seventy-five cents for each wine gallon. The same rate shall apply for the fractional parts of a wine gallon. The wine gallonage tax shall not be levied or collected on wine sold by one class A wine permittee to another class A wine permittee or on wine that is sold by a class A wine permittee to a distributor outside of the state.   2. a. Revenue collected from the wine gallonage tax on wine manufactured for sale and sold at wholesale in this state, and on wine subject to direct shipment as provided in section 123.187 by a wine manufacturer licensed or permitted pursuant to laws regulating alcoholic beverages in this state, shall be deposited in the wine gallonage tax fund as created in this section.   b. (1) A wine gallonage tax fund is created in the office of the treasurer of state.   (2) Moneys deposited in the fund are appropriated as follows:   (a) To the midwest grape and wine industry institute at Iowa state university of science and technology, two hundred fifty thousand dollars.   (b) To the economic development authority for purposes of section 15E.117, the balance of moneys in the fund after the appropriation in subparagraph division (a).   (3) Moneys in the fund and moneys appropriated from the fund pursuant to subparagraph (2) are not subject to reversion under section 8.33.   3. The revenue collected from the wine gallonage tax on wine imported into this state for sale at wholesale and sold in this state at wholesale, and on wine subject to direct shipment as provided in section 123.187 by a wine manufacturer licensed or permitted pursuant to laws regulating alcoholic beverages in another state, shall be deposited in the beer and liquor control fund created in section 123.17.  85 Acts, ch 32, 74; 85 Acts, ch 198, 4, 5; 86 Acts, ch 1246, 753; 87 Acts, ch 95, 2; 2001 Acts, ch 162, 1; 2002 Acts, ch 1050, 15; 2003 Acts, ch 143, 14, 17; 2005 Acts, ch 113, 1; 2007 Acts, ch 211, 41; 2010 Acts, ch 1193, 164; 2011 Acts, ch 118, 85, 89; 2011 Acts, ch 130, 29, 71; 2012 Acts, ch 1136, 26; 2017 Acts, ch 119, 17; 2019 Acts, ch 113, 57  Referred to in 15E.117, 123.181, 123.184, 123.187 
123.184 Report of gallonage sales  penalty.   1. Each class A wine permit holder on or before the tenth day of each calendar month commencing on the tenth day of the calendar month following the month in which the person is issued a permit, shall make a report under oath to the division electronically, or in a manner prescribed by the administrator, showing the exact number of gallons of wine and fractional parts of gallons sold by that permit holder during the preceding calendar month. The report also shall state whatever reasonable additional information the administrator requires. The permit holder at the time of filing this report shall pay to the division the amount of tax due at the rate fixed in section 123.183. A penalty of ten percent of the amount of the tax shall be assessed and collected if the report required to be filed pursuant to this subsection is not filed and the tax paid within the time required by this subsection.   2. Each wine direct shipper license holder shall make a report under oath to the division electronically, or in a manner prescribed by the administrator, on or before the tenth day of the calendar months of June and December, showing the exact number of gallons of wine and fractional parts of gallons sold and shipped pursuant to section 123.187 during the preceding six-month calendar period. The report shall also state whatever reasonable additional information the administrator requires. The license holder at the time of filing this report shall pay to the division the amount of tax due at the rate fixed in section 123.183. A penalty of ten percent of this amount shall be assessed and collected if the report required to be filed pursuant to this subsection is not filed and the tax paid within the time required by this subsection.  85 Acts, ch 32, 75; 2013 Acts, ch 35, 18; 2015 Acts, ch 104, 1  Referred to in 123.187 
123.185 Records required.   Each class A wine permittee shall keep records showing each sale of wine, which shall be at all times open to inspection by the administrator and pursuant to section 123.30, subsection 1. Each class B wine permittee shall keep proper records showing each purchase of wine and the date and the amount of each purchase and the name of the person from whom each purchase was made, which shall be open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the permittee.  85 Acts, ch 32, 76; 88 Acts, ch 1241, 26; 2013 Acts, ch 35, 42 
123.186 Federal regulations adopted as rules  penalties.   1. The division shall adopt as rules the substance of the federal regulations  27 C.F.R. pt. 6  ,  27 C.F.R. pt. 8  ,  27 C.F.R. pt. 10  , and  27 C.F.R. pt. 11  .   2. The division shall adopt as rules the substance of  27 C.F.R. 6.88  , to permit a manufacturer of alcoholic beverages, wine, or beer, or an agent of such manufacturer, to provide to a retailer without charge wine and beer coil cleaning services, including carbon dioxide filters and other necessary accessories to properly clean the coil and affix carbon dioxide filters. The rules shall provide that the manufacturer shall be responsible for paying the costs of any filters provided.   3. A licensee or permittee who permits or assents to or is a party in any way to a violation or infringement of a rule adopted pursuant to this section is guilty of a violation of this section. A violation of this section shall subject the licensee or permittee to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty or suspension or revocation of the license or permit pursuant to section 123.39.  85 Acts, ch 32, 77; 2006 Acts, ch 1061, 1; 2007 Acts, ch 22, 36; 2018 Acts, ch 1060, 70; 2019 Acts, ch 113, 58 
123.187 Direct shipment of wine  permit and requirements.   1. A wine manufacturer licensed or permitted pursuant to laws regulating alcoholic beverages in this state or another state may apply for a wine direct shipper permit, as provided in this section. For the purposes of this section, a wine manufacturer means a person who processes the fruit, vegetables, dandelions, clover, honey, or any combination of these ingredients, by fermentation into wines.   2. a. Only a wine manufacturer that holds a wine direct shipper permit issued pursuant to this section shall sell wine at retail for direct shipment to any person within this state. This section shall not prohibit an authorized retail licensee or permittee from delivering wine pursuant to section 123.46A.   b. A wine manufacturer applying for a wine direct shipper permit shall submit an application for the permit electronically, or in a manner prescribed by the administrator, accompanied by a true copy of the manufacturers current alcoholic beverage license or permit issued by the state where the manufacturer is primarily located and a copy of the manufacturers basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury.   c. An application submitted pursuant to paragraph b shall be accompanied by a permit fee in the amount of twenty-five dollars.   d. An application submitted pursuant to paragraph a shall also be accompanied by a bond in the amount of five thousand dollars in the form prescribed and furnished by the division with good and sufficient sureties to be approved by the division conditioned upon compliance with this chapter. However, a wine manufacturer that has submitted a bond pursuant to section 123.175, subsection 2, paragraph g, shall not be required to provide a bond as provided in this paragraph.   e. A permit issued pursuant to this section may be renewed annually by submitting a renewal application with the administrator in a manner prescribed by the administrator, accompanied by the twenty-five dollar permit fee.   3. The direct shipment of wine pursuant to this section shall be subject to the following requirements and restrictions:   a. Wine shall only be shipped to a resident of this state who is at least twenty-one years of age, for the residents personal use and consumption and not for resale.   b. Wine subject to direct shipping shall be properly registered with the federal alcohol and tobacco tax and trade bureau, and fermented on the winery premises of the wine direct shipper permittee.   c. All containers of wine shipped directly to a resident of this state shall be conspicuously labeled with the words CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY or shall be conspicuously labeled with alternative wording preapproved by the administrator.   d. All containers of wine shipped directly to a resident of this state shall be shipped by a holder of a wine carrier permit as provided in section 123.188.   e. Shipment of wine pursuant to this subsection does not require a refund value for beverage container control purposes under chapter 455C.   4. A wine direct shipper permittee shall remit to the division an amount equivalent to the wine gallonage tax on wine subject to direct shipment at the rate specified in section 123.183 for deposit as provided in section 123.183, subsections 2 and 3. The amount shall be remitted at the time and in the manner provided in section 123.184, subsection 2, and the ten percent penalty specified therein shall be applicable.   5. A wine direct shipper permittee shall be deemed to have consented to the jurisdiction of the division or any other agency or court in this state concerning enforcement of this section and any related laws, rules, or regulations. A permit holder shall allow the division to perform an audit of shipping records upon request.   6. A violation of this section shall subject the permittee to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty or suspension or revocation of the permit pursuant to section 123.39.  96 Acts, ch 1101, 1  ; 2003 Acts, 1st Ex, ch 2, 158, 205  ; 2010 Acts, ch 1031, 100; 2010 Acts, ch 1193, 165; 2013 Acts, ch 35, 19; 2015 Acts, ch 11, 1; 2015 Acts, ch 104, 2; 2017 Acts, ch 119, 18; 2018 Acts, ch 1060, 71; 2019 Acts, ch 113, 59, 60  Referred to in 123.32, 123.46A, 123.173, 123.176, 123.183, 123.184, 123.188 
123.188 Wine carrier  permit and requirements.   1. A person desiring to deliver wine subject to direct shipment within this state pursuant to section 123.187 shall submit an application for a wine carrier permit electronically, or in a manner prescribed by the administrator, which shall be accompanied by a fee in the amount of one hundred dollars.   2. The administrator may in accordance with this chapter issue a wine carrier permit which shall be valid for one year from the date of issuance unless it is sooner suspended or revoked for a violation of this chapter.   3. A permit issued pursuant to this section may be renewed annually by submitting a renewal application with the administrator in a manner prescribed by the administrator, accompanied by the one hundred dollar permit fee.   4. The delivery of wine pursuant to this section shall be subject to the following requirements and restrictions:   a. A wine carrier permittee shall not deliver wine to any person under twenty-one years of age, or to any person who either is or appears to be in an intoxicated state or condition.   b. A wine carrier permittee shall obtain valid proof of identity and age prior to delivery, and shall obtain the signature of an adult as a condition of delivery.   c. A wine carrier permittee shall maintain records of wine shipped which include the permit number and name of the wine manufacturer, quantity of wine shipped, recipients name and address, and an electronic or paper form of signature from the recipient of the wine. Records shall be submitted to the division on a monthly basis in a form and manner to be determined by the division.   5. A violation of this section shall subject the permittee to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty or suspension or revocation of the permit pursuant to section 123.39.  2019 Acts, ch 113, 61; 2020 Acts, ch 1063, 57  Referred to in 123.32, 123.187 
123.19 Distillers certificate of compliance  injunction  penalty. Transferred to 123.23;  2015 Acts, ch 30, 204  . 
123.2 General prohibition.   It is unlawful to manufacture for sale, sell, offer or keep for sale, possess, or transport alcoholic liquor, wine, or beer except upon the terms, conditions, limitations, and restrictions enumerated in this chapter.  [C35, 1921-f3; C39, 1921.003; C46, 50, 54, 58, 62, 66, 71, 123.3; C73, 75, 77, 79, 81, 123.2]  85 Acts, ch 32, 4 
123.20 Powers. Transferred to 123.9;  2015 Acts, ch 30, 204  . 
123.21 Rules. Transferred to 123.10;  2015 Acts, ch 30, 204  . 
123.22 State monopoly.   1. The division has the exclusive right of importation into the state of all forms of alcoholic liquor, except as otherwise provided in this chapter, and a person shall not import alcoholic liquor, except that an individual of legal age may import and have in the individuals possession an amount of alcoholic liquor not exceeding nine liters per calendar month that the individual personally obtained outside the state. Alcoholic liquor imported by an individual pursuant to this subsection shall be for personal consumption only in a private home or other private accommodation. A distillery shall not sell alcoholic liquor within the state to any person but only to the division, except as otherwise provided in this chapter. This section vests in the division exclusive control within the state as purchaser of all alcoholic liquor sold by distilleries within the state or imported, except beer and wine, and except as otherwise provided in this chapter. The division shall receive alcoholic liquor on a bailment system for resale by the division in the manner set forth in this chapter. The division shall act as the sole wholesaler of alcoholic liquor to class E liquor control licensees.   2. a. A person, acting individually or through another acting for the person, shall not directly or indirectly, or upon any pretense or by any device, do any of the following:   (1) Manufacture, sell, exchange, barter, dispense, give in consideration of the purchase of any property or of any services or in evasion of this chapter, or keep for sale, or have possession of any alcoholic liquor, except as provided in this chapter.   (2) Own, keep, or be in any way concerned, engaged, or employed in owning or keeping, any alcoholic liquor with intent to violate any provision of this chapter, or authorize or permit the same to be done.   (3) Manufacture, own, sell, or have possession of any manufactured or compounded article, mixture or substance, not in a liquid form, and containing alcohol which may be converted into a beverage by a process of pressing or straining the alcohol therefrom, or any instrument intended for use and capable of being used in the manufacture of alcoholic liquor.   (4) Own or have possession of any material used exclusively in the manufacture of alcoholic liquor.   (5) Use or have possession of any material with intent to use it in the manufacture of alcoholic liquors.   b. However, alcohol may be manufactured for industrial and nonbeverage purposes by persons who have qualified for that purpose as provided by the laws of the United States and the laws of this state. Such alcohol, so manufactured, may be denatured, transported, used, possessed, sold, and bartered and dispensed, subject to the limitations, prohibitions and restrictions imposed by the laws of the United States and this state.   c. Any person may manufacture, sell, or transport ingredients and devices other than alcohol for the making of homemade wine or beer.  [C51, 924  928; R60, 1559, 1563, 1583, 1587; C73, 1523, 1540  1542, 1555; C97, 2382; SS15, 2382; C24, 27, 31, 1924; C35, 1921-f54, 1924; C39, 1921.054, 1924; C46, 50, 54, 58, 62, 66, 71, 123.54, 125.3; C73, 75, 77, 79, 81, 123.22]  85 Acts, ch 32, 18; 86 Acts, ch 1246, 733; 88 Acts, ch 1241, 4; 89 Acts, ch 161, 2; 2017 Acts, ch 119, 2; 2018 Acts, ch 1026, 38; 2018 Acts, ch 1060, 8; 2018 Acts, ch 1096, 2, 6  Referred to in 123.10, 123.26, 123.28 
123.23 Distillers certificate of compliance  injunction  penalty.   1. Any manufacturer, distiller, or importer of alcoholic liquors shipping, selling, or having alcoholic liquors brought into this state for resale by the state shall, as a condition precedent to the privilege of so trafficking in alcoholic liquors in this state, annually make application for and hold a distillers certificate of compliance which shall be issued by the administrator for that purpose. No brand of alcoholic liquor shall be sold by the division in this state unless the manufacturer, distiller, importer, and all other persons participating in the distribution of that brand in this state have obtained a certificate. The certificate of compliance shall expire at the end of one year from the date of issuance and shall be renewed for a like period upon application to the administrator unless otherwise suspended or revoked for cause. Each completed application for a certificate of compliance or renewal shall be submitted electronically, or in a manner prescribed by the administrator, and shall be accompanied by a fee of fifty dollars payable to the division. However, this subsection need not apply to a manufacturer, distiller, or importer who ships or sells in this state no more than eleven gallons or its case equivalent during any fiscal year as a result of special orders which might be placed, as defined and allowed by divisional rules adopted under this chapter.   2. At the time of applying for a certificate of compliance, each applicant shall submit to the division electronically, or in a manner prescribed by the administrator, the name and address of its authorized agent for service of process which shall remain effective until changed for another, and a list of names and addresses of all representatives, employees, or attorneys whom the applicant has appointed in the state of Iowa to represent it for any purpose. The listing shall be amended by the certificate holder as necessary to keep the listing current with the division.   3. The administrator and the attorney general are authorized to require any certificate holder or person listed as the certificate holders representative, employee, or attorney to disclose such financial and other records and transactions as may be considered relevant in discovering violations of this chapter or of rules and regulations of the division or of any other provision of law by any person.   4. Any violation of the requirements of this chapter or rules adopted pursuant to this chapter shall subject the holder of a distillers certificate of compliance to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the certificate, or revocation of the certificate, after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A. However, willful failure to comply with requirements which may be imposed under subsection 3 is grounds for suspension or revocation of the certificate of compliance only.   5. This section shall not require the listing of those persons who are employed on premises where alcoholic liquors are manufactured, processed, bottled, or packaged in Iowa or persons who are thereafter engaged in the transporting of such alcoholic liquors to the division.   6. The attorney general may also proceed pursuant to the provisions of section 714.16 in order to gain compliance with subsection 3 of this section and may obtain an injunction prohibiting any further violations of this chapter or other provisions of law. Any violation of that injunction shall be punished as contempt of court pursuant to chapter 665 except that the maximum fine that may be imposed shall not exceed fifty thousand dollars.  [C73, 75, 77, 79, 81, 123.19]  85 Acts, ch 32, 15; 86 Acts, ch 1237, 6; 93 Acts, ch 91, 3; 2013 Acts, ch 35, 2; 2015 Acts, ch 30, 204  C2016, 123.23  2017 Acts, ch 119, 3; 2018 Acts, ch 1060, 9; 2019 Acts, ch 113, 5  Referred to in 123.32 
123.24 Alcoholic liquor sales by the division  dishonored payments  liquor prices.   1. The division shall sell alcoholic liquor at wholesale only. The division shall sell alcoholic liquor to class E liquor control licensees only. The division shall offer the same price on alcoholic liquor to all class E liquor control licensees without regard for the quantity of purchase or the distance for delivery.   2. The price of alcoholic liquor sold by the division shall consist of the following:   a. The manufacturers price.   b. A markup of up to fifty percent of the wholesale price paid by the division for the alcoholic liquor. The division may increase the markup on selected kinds of alcoholic liquor sold by the division if the average return to the division on all sales of alcoholic liquor does not exceed the wholesale price paid by the division and the fifty percent markup.   c. A split case charge in an amount determined by the division when alcoholic liquor is sold in quantities which require a case to be split.   d. A bottle surcharge in an amount sufficient, when added to the amount not refunded to class E liquor control licensees pursuant to section 455C.2, to pay the costs incurred by the division for collecting and properly disposing of the liquor containers. The amount collected pursuant to this paragraph, in addition to any amounts not refunded to class E liquor control licensees pursuant to section 455C.2, shall be deposited in the beer and liquor control fund established under section 123.17.   3. a. The division may accept from a class E liquor control licensee electronic funds transferred by automated clearing house, wire transfer, or another method deemed acceptable by the administrator, in payment of alcoholic liquor. If a payment is subsequently dishonored, the division shall cause a notice of nonpayment and penalty to be served upon the class E liquor control licensee or upon any person in charge of the licensed premises. The notice shall state that if payment or satisfaction for the dishonored payment is not made within ten days of the service of notice, the licensees liquor control license may be suspended under section 123.39. The notice of nonpayment and penalty shall be in a form prescribed by the administrator, and shall be sent by certified mail.   b. If upon notice and hearing under section 123.39 and pursuant to the provisions of chapter 17A concerning a contested case hearing, the administrator determines that the class E liquor control licensee failed to satisfy the obligation for which the payment was issued within ten days after the notice of nonpayment and penalty was served on the licensee as provided in paragraph a of this subsection, the administrator may suspend the licensees class E liquor control license for a period not to exceed ten days.   4. The administrator may refuse to sell alcoholic liquor to a class E liquor control licensee who tenders a payment which is subsequently dishonored until the outstanding obligation is satisfied.  [C35, 1921-f20, 1921-f41; C39, 1921.020, 1921.041; C46, 50, 54, 58, 62, 66, 71, 123.20, 123.41; C73, 75, 77, 79, 81, 123.24; 81 Acts, ch 56, 1]  86 Acts, ch 1246, 734; 87 Acts, ch 22, 1, 2; 88 Acts, ch 1158, 29; 88 Acts, ch 1241, 5; 92 Acts, ch 1242, 24; 93 Acts, ch 91, 4, 5; 2013 Acts, ch 35, 21; 2019 Acts, ch 113, 6  8  Referred to in 123.176 
123.25 Consumption on premises.   An officer, clerk, agent, or employee of the division employed in a state-owned warehouse shall not allow any alcoholic beverage to be consumed on the premises, nor shall a person consume any alcoholic liquor on the premises except for testing or sampling purposes only.  [C35, 1921-f23; C39, 1921.023; C46, 50, 54, 58, 62, 66, 71, 123.23; C73, 75, 77, 79, 81, 123.25]  86 Acts, ch 1122, 8; 86 Acts, ch 1246, 735; 2018 Acts, ch 1060, 10 
123.26 Restrictions on sales  seals  labeling.   Alcoholic liquor shall not be sold by a class E liquor control licensee except in a sealed container with identifying markers as prescribed by the administrator and affixed in the manner prescribed by the administrator, and no such container shall be opened upon the premises of a state warehouse. The division shall cooperate with the department of natural resources so that only one identifying marker or mark is needed to satisfy the requirements of this section and section 455C.5, subsection 1. Possession of alcoholic liquors which do not carry the prescribed identifying markers is a violation of this chapter except as provided in section 123.22.  [C35, 1921-f24; C39, 1921.024; C46, 50, 54, 58, 62, 66, 71, 123.24; C73, 75, 77, 79, 81, 123.26]  86 Acts, ch 1246, 736; 87 Acts, ch 22, 3  Referred to in 123.28 
123.27 Sales and deliveries prohibited.   It is unlawful to transact the sale or delivery of alcoholic liquor in, on, or from the premises of a state warehouse:   1. After the closing hour as established by the administrator.   2. On any legal holiday except those designated by the administrator.   3. During other periods or days as designated by the administrator.  [C35, 1921-f25; C39, 1921.025; C46, 50, 54, 58, 62, 66, 71, 123.25; C73, 75, 77, 79, 81, 123.27; 81 Acts, ch 6, 11]  85 Acts, ch 32, 20; 86 Acts, ch 1122, 9; 86 Acts, ch 1246, 737; 89 Acts, ch 161, 3; 2019 Acts, ch 113, 9 
123.28 Restrictions on transportation.   1. It is lawful to transport, carry, or convey alcoholic liquors from the place of purchase by the division to a state warehouse or depot established by the division or from one such place to another and, when so permitted by this chapter, it is lawful for the division, a common carrier, or other person to transport, carry, or convey alcoholic liquor sold from a state warehouse, depot, or point of purchase by the state to any place to which the liquor may be lawfully delivered under this chapter.   2. The division shall deliver alcoholic liquor purchased by class E liquor control licensees. Class E liquor control licensees may deliver alcoholic liquor purchased by class A, class B, class C, class C native distilled spirits, or class D liquor control licensees, and class A, class B, class C, class C native distilled spirits, or class D liquor control licensees may transport alcoholic liquor purchased from class E liquor control licensees.   3. A common carrier or other person shall not break or open or allow to be broken or opened a container or package containing alcoholic liquor or use or drink or allow to be used or drunk any alcoholic liquor while it is being transported or conveyed.   4. This section does not prohibit a private person from transporting individual bottles or containers of alcoholic liquor exempted pursuant to section 123.22 and individual bottles or containers bearing the identifying mark prescribed in section 123.26 which have been opened previous to the commencement of the transportation.   5. This section does not affect the right of a liquor control license holder to purchase, possess, or transport alcoholic liquors subject to this chapter.  [C35, 1921-f26; C39, 1921.026; C46, 50, 54, 58, 62, 66, 71, 123.26; C73, 75, 77, 79, 81, 123.28; 81 Acts, ch 6, 12]  84 Acts, ch 1275, 1; 85 Acts, ch 196, 1; 86 Acts, ch 1020, 1; 86 Acts, ch 1246, 738; 87 Acts, ch 170, 1; 95 Acts, ch 48, 1; 2017 Acts, ch 119, 4; 2018 Acts, ch 1060, 11; 2019 Acts, ch 113, 10  See also 321.284 
123.29 Patent and proprietary products and sacramental wine.   1. This chapter does not prohibit the sale of patent and proprietary medicines, tinctures, food products, extracts, toiletries, perfumes, and similar products, which are not susceptible of use as a beverage, but which contain alcoholic liquor, wine, or beer as one of their ingredients. These products may be sold through ordinary wholesale and retail businesses without a license or permit issued by the division.   2. This chapter does not prohibit a member of the clergy of any religious denomination which uses vinous liquor in its sacramental ceremonies from purchasing, receiving, possessing, and using vinous liquor for sacramental purposes.  [C24, 27, 31, 2171; C35, 1921-f27, 2171; C39, 1921.027, 2171; C46, 50, 54, 58, 62, 66, 71, 123.27, 134.1; C73, 75, 77, 79, 81, 123.29]  85 Acts, ch 32, 21; 86 Acts, ch 1246, 739, 740; 89 Acts, ch 161, 4  6; 93 Acts, ch 91, 6 
123.3 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Administrator means the administrator of the division, appointed pursuant to the provisions of this chapter, or the administrators designee.   2. Air common carrier means a person engaged in transporting passengers for hire in interstate or foreign commerce by aircraft and operating regularly scheduled flights under a certificate of public convenience issued by the civil aeronautics board.   3. Alcohol means the product of distillation of any fermented liquor rectified one or more times, whatever may be the origin thereof, and includes synthetic ethyl alcohol.   4. Alcoholic beverage means any beverage containing more than one-half of one percent of alcohol by volume including alcoholic liquor, wine, and beer.   5. Alcoholic liquor means the varieties of liquor defined in subsections 3 and 50 which contain more than six and twenty-five hundredths percent of alcohol by volume, beverages made as described in subsection 7 which beverages contain more than six and twenty-five hundredths percent of alcohol by volume but which are not wine as defined in subsection 54, high alcoholic content beer as defined in subsection 22, or canned cocktails as defined in subsection 11, and every other liquid or solid, patented or not, containing spirits and every beverage obtained by the process described in subsection 54 containing more than twenty-one and twenty-five hundredths percent of alcohol by volume, and susceptible of being consumed by a human being, for beverage purposes. Alcohol manufactured in this state for use as fuel pursuant to an experimental distilled spirits plant permit or its equivalent issued by the federal bureau of alcohol, tobacco and firearms is not an alcoholic liquor.   6. Application means a written request for the issuance of a permit, license, or certificate that is supported by a verified statement of facts and submitted electronically, or in a manner prescribed by the administrator.   7. Beer means any liquid capable of being used for beverage purposes made by the fermentation of an infusion in potable water of barley, malt, and hops, with or without unmalted grains or decorticated and degerminated grains or made by the fermentation of or by distillation of the fermented products of fruit, fruit extracts, or other agricultural products, containing more than one-half of one percent of alcohol by volume but not more than six and twenty-five hundredths percent of alcohol by volume.   8. Brewer means any person who manufactures beer for the purpose of sale, barter, exchange, or transportation.   9. Brewpub means a commercial establishment authorized to sell beer at retail for consumption on or off the premises that is operated by a person who holds a class C liquor control license or a class B beer permit and who also holds a special class A beer permit that authorizes the holder to manufacture and sell beer pursuant to this chapter.   10. Broker means a person who represents or promotes alcoholic liquor within the state on behalf of the holder of a distillers certificate of compliance, a manufacturers license, or a class A native distilled spirits license. An employee of the holder of a distillers certificate of compliance, a manufacturers license, or a class A native distilled spirits license is not a broker.   11. Canned cocktail means a mixed drink or cocktail that is premixed and packaged in a metal can and contains more than six and twenty-five hundredths percent of alcohol by volume but not more than fifteen percent of alcohol by volume. A mixed drink or cocktail mixed and packaged in a metal can pursuant to section 123.49, subsection 2, paragraph d, subparagraph (3), shall not be considered a canned cocktail.   12. City means a municipal corporation but not including a county, township, school district, or any special purpose district or authority.   13. Club means any nonprofit corporation or association of individuals, which is the owner, lessee, or occupant of a permanent building or part thereof, membership in which entails the prepayment of regular dues and is not operated for a profit other than such profits as would accrue to the entire membership.   14. Commercial establishment means a place of business which is at all times equipped with sufficient tables and seats to accommodate twenty-five persons at one time, and the licensed premises of which conform to the standards and specifications of the division.   15. Commission means the alcoholic beverages commission established by this chapter.   16. Completed application means an application where all necessary fees have been paid in full, any required bonds have been submitted, the applicant has provided all information requested by the division, and the application meets the requirements of section 123.92, subsection 2, if applicable.   17. Designated security employee means an agent, contract employee, independent contractor, servant, or employee of a licensee or permittee who works in a security position in any capacity at a commercial establishment licensed or permitted under this chapter.   18. Distillery, winery, and brewery mean not only the premises where alcohol or spirits are distilled, wine is fermented, or beer is brewed, but in addition mean a person owning, representing, or in charge of such premises and the operations conducted there, including the blending and bottling or other handling and preparation of alcoholic liquor, wine, or beer in any form.   19. Division means the alcoholic beverages division of the department of commerce established by this chapter.   20. Grape brandy means brandy produced by the distillation of fermented grapes or grape juice.   21. Grocery store means any retail establishment, the business of which consists of the sale of food, food products, or beverages for consumption off the premises.   22. High alcoholic content beer means beer which contains more than six and twenty-five hundredths percent of alcohol by volume, but not more than fifteen percent of alcohol by volume, that is made by the fermentation of an infusion in potable water of barley, malt, and hops, with or without unmalted grains or decorticated and degerminated grains. Not more than one and five-tenths percent of the volume of a high alcoholic content beer may consist of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol. The added flavors and other nonbeverage ingredients may not include added caffeine or other added stimulants including but not limited to guarana, ginseng, and taurine.   23. Hotel or motel means premises licensed by the department of inspections and appeals and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with twenty or more sleeping rooms.   24. Import means the transporting or ordering or arranging the transportation of alcoholic liquor, wine, or beer into this state whether by a resident of this state or not.   25. Importer means the person who transports or orders, authorizes, or arranges the transportation of alcoholic liquor, wine, or beer into this state whether the person is a resident of this state or not.   26. The terms in accordance with the provisions of this chapter, pursuant to the provisions of this title, or similar terms shall include all rules and regulations of the division adopted to aid in the administration or enforcement of those provisions.   27. Institutional investor means a person who maintains a diversified portfolio of investments through a state or federally chartered bank, a mutual fund, a retirement plan or account created by an employer, the person, or another individual to provide retirement benefits or deferred compensation to the person, a private investment firm, or a holding company publicly traded on the New York stock exchange, the American stock exchange, or NASDAQ stock market and who has a majority of investments in businesses other than businesses that manufacture, bottle, wholesale, or sell at retail alcoholic beverages.   28. Legal age means twenty-one years of age or more.   29. Licensed premises or premises means all rooms, enclosures, contiguous areas, or places susceptible of precise description satisfactory to the administrator where alcoholic beverages, wine, or beer is sold or consumed under authority of a liquor control license, wine permit, or beer permit. A single licensed premises may consist of multiple rooms, enclosures, areas, or places if they are wholly within the confines of a single building or contiguous grounds.   30. Local authority means the city council of any incorporated city in this state, or the county board of supervisors of any county in this state, which is empowered by this chapter to approve or deny applications for retail beer or wine permits and liquor control licenses; empowered to recommend that such permits or licenses be granted and issued by the division; and empowered to take other actions reserved to them by this chapter.   31. Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, or process any substance capable of producing a beverage containing more than one-half of one percent of alcohol by volume and includes blending, bottling, or the preparation for sale.   32. Mixed drink or cocktail means an alcoholic beverage, composed in whole or in part of alcoholic liquor, that is combined with other alcoholic beverages or nonalcoholic beverages or ingredients including but not limited to ice, water, soft drinks, or flavorings.   33. Native brewery means a business which manufactures beer or high alcoholic content beer and is operated by a person who holds a class A beer permit that authorizes the holder to manufacture and sell beer pursuant to this chapter.   34. Native distilled spirits means spirits fermented, distilled, or, for a period of two years, barrel matured on the licensed premises of the native distillery where fermented, distilled, or matured. Native distilled spirits also includes blended or mixed spirits comprised solely of spirits fermented, distilled, or, for a period of two years, barrel matured at a native distillery.   35. Native distillery means a business with an operating still which produces and manufactures native distilled spirits.   36. Native wine means wine manufactured pursuant to section 123.176 by a manufacturer of native wine.   37. Package means any container or receptacle used for holding alcoholic liquor.   38. Permit or license means an express written authorization issued by the division for the manufacture or sale, or both, of alcoholic liquor, wine, or beer.   39. Person means any individual, association, or partnership, any corporation, limited liability company, or other similar legal entity, any club, hotel or motel, or any municipal corporation owning or operating a bona fide airport, marina, park, coliseum, auditorium, or recreational facility in or at which the sale of alcoholic liquor, wine, or beer is only an incidental part of the ownership or operation.   40. Person of good moral character means any person who meets all of the following requirements:   a. The person has such financial standing and good reputation as will satisfy the administrator that the person will comply with this chapter and all laws, ordinances, and regulations applicable to the persons operations under this chapter. However, the administrator shall not require the person to post a bond to meet the requirements of this paragraph.   b. The person is not prohibited by section 123.40 from obtaining a liquor control license or a wine or beer permit.   c. Notwithstanding paragraph e, the applicant is a citizen of the United States and a resident of this state, or licensed to do business in this state in the case of a corporation. Notwithstanding paragraph e, in the case of a partnership, only one general partner need be a resident of this state.   d. The person has not been convicted of a felony. However, if the persons conviction of a felony occurred more than five years before the date of the application for a license or permit, and if the persons rights of citizenship have been restored by the governor, the administrator may determine that the person is of good moral character notwithstanding such conviction.   e. The requirements of this subsection apply to the following:   (1) Each of the officers, directors, and partners of such person.   (2) A person who directly or indirectly owns or controls ten percent or more of any class of stock of such person.   (3) A person who directly or indirectly has an interest of ten percent or more in the ownership or profits of such person.   41. Pharmacy means a drug store in which drugs and medicines are exposed for sale and sold at retail, or in which prescriptions of licensed physicians and surgeons, dentists, prescribing psychologists, or veterinarians are compounded and sold by a registered pharmacist.   42. Private place means a location which, at the time alcoholic beverages are kept, dispensed, or consumed, meets all of the following criteria:   a. The general public does not have access to the location and attendees are limited to bona fide social hosts and invited guests.   b. The location is not of a commercial nature.   c. Goods or services are neither sold nor purchased at the location.   d. The location is not a licensed premises.   e. Admission fees or other kinds of entrance fees, fare, ticket, donation or charges are not made or are required of the invited guests to enter the location.   43. Public place means any place, building, or conveyance to which the public has or is permitted access.   44. Residence means the place where a person resides, permanently or temporarily.   45. Retail beer permit means a class B or class C beer permit issued under the provisions of this chapter.   46. Retail wine permit means a class B wine permit, class B native wine permit, or class C native wine permit issued under this chapter.   47. Retailer means any person who shall sell, barter, exchange, offer for sale, or have in possession with intent to sell any alcoholic liquor, wine, or beer for consumption either on or off the premises where sold.   48. The prohibited sale of alcoholic liquor, wine, or beer under this chapter includes soliciting for sales, taking orders for sales, keeping or exposing for sale, delivery or other trafficking for a valuable consideration promised or obtained, and procuring or allowing procurement for any other person.   49. School means a public or private school or that portion of a public or private school which provides facilities for teaching any grade from kindergarten through grade twelve.   50. Spirits means any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including, but not limited to, brandy, rum, whisky, and gin.   51. Unincorporated town means a compactly populated area recognized as a distinct place with a distinct place-name which is not itself incorporated or within the corporate limits of a city.   52. Warehouse means any premises or place primarily constructed or used or provided with facilities for the storage in transit or other temporary storage of perishable goods or for the conduct of normal warehousing business.   53. Wholesaler means any person, other than a vintner, brewer or bottler of beer or wine, who shall sell, barter, exchange, offer for sale, have in possession with intent to sell, deal or traffic in alcoholic liquor, wine, or beer. A wholesaler shall not sell for consumption upon the premises.   54. Wine means any beverage containing more than six and twenty-five hundredths percent of alcohol by volume but not more than twenty-one and twenty-five hundredths percent of alcohol by volume obtained by the fermentation of the natural sugar contents of fruits or other agricultural products but excluding any product containing alcohol derived from malt or by the distillation process from grain, cereal, molasses, or cactus.  [C35, 1921-f5, 1921-f97; C39, 1921.005, 1921.096; C46, 50, 54, 58, 62, 66, 71, 123.5, 124.2; C73, 75, 77, 79, 81, 123.3; 81 Acts, ch 55, 1]  85 Acts, ch 32, 5  8; 86 Acts, ch 1122, 2  4; 86 Acts, ch 1246, 724, 725; 88 Acts, ch 1088, 1; 88 Acts, ch 1241, 1; 89 Acts, ch 161, 1; 93 Acts, ch 91, 1; 94 Acts, ch 1017, 1; 97 Acts, ch 126, 1; 2000 Acts, ch 1201, 1; 2003 Acts, ch 143, 1, 2, 17; 2005 Acts, ch 13, 1; 2006 Acts, ch 1032, 1; 2006 Acts, ch 1185, 118; 2010 Acts, ch 1031, 87, 88, 96; 2011 Acts, ch 17, 1  3, 17; 2011 Acts, ch 30, 2; 2013 Acts, ch 35, 1, 24; 2014 Acts, ch 1092, 27; 2016 Acts, ch 1112, 1; 2017 Acts, ch 119, 1, 39; 2018 Acts, ch 1060, 1  3; 2019 Acts, ch 8, 1; 2019 Acts, ch 107, 1, 2, 6; 2019 Acts, ch 113, 1, 2; 2021 Acts, ch 155, 1  Referred to in 7D.16, 99F.4, 123.32, 123.43, 123.127, 123.130, 123.140, 123.175, 123A.2, 142D.2, 455B.301, 455C.1, 455C.5, 455C.16  Subsection 11 amended 
123.30 Liquor control licenses  classes.   1. a. A liquor control license may be issued to any person who is of good moral character as defined by this chapter.   b. As a condition for issuance of a liquor control license or wine or beer permit, the applicant must give consent to members of the fire, police, and health departments and the building inspector of cities; the county sheriff or deputy sheriff; members of the department of public safety; representatives of the division and of the department of inspections and appeals; certified police officers; and any official county health officer to enter upon areas of the premises where alcoholic beverages are stored, served, or sold, without a warrant during business hours of the licensee or permittee to inspect for violations of this chapter or ordinances and regulations that cities and boards of supervisors may adopt. However, a subpoena issued under section 421.17 or a warrant is required for inspection of private records, a private business office, or attached living quarters. Persons who are not certified peace officers shall limit the scope of their inspections of licensed premises to the regulatory authority under which the inspection is conducted. All persons who enter upon a licensed premises to conduct an inspection shall present appropriate identification to the owner of the establishment or the person who appears to be in charge of the establishment prior to commencing an inspection; however, this provision does not apply to undercover criminal investigations conducted by peace officers.   c. As a further condition for the issuance of a class E liquor control license, the applicant shall post a bond in a sum of not less than five thousand nor more than fifteen thousand dollars as determined on a sliding scale established by the division; however, a bond shall not be required if all purchases of alcoholic liquor from the division by the licensee are made by means that ensure that the division will receive full payment in advance of delivery of the alcoholic liquor.   d. A class E liquor control license may be issued to a city council for premises located within the limits of the city if there are no class E liquor control licensees operating within the limits of the city and no other applications for a class E license for premises located within the limits of the city at the time the city councils application is filed. If a class E liquor control license is subsequently issued to a private person for premises located within the limits of the city, the city council shall surrender its license to the division within one year of the date that the class E liquor control licensee begins operating, liquidate any remaining assets connected with the liquor store, and cease operating the liquor store.   2. A liquor control license shall not be issued for premises which do not constitute a safe and proper place or building and which do not conform to all applicable laws, ordinances, resolutions, and health and fire regulations. A licensee shall not have or maintain any interior access to residential or sleeping quarters unless permission is granted by the administrator in the form of a living quarters permit.   3. Liquor control licenses issued under this chapter shall be of the following classes:   a. Class A. A class A liquor control license may be issued to a club and shall authorize the holder to purchase alcoholic liquors in original unopened containers from class E liquor control licensees only, wine from class A wine permittees or class B wine permittees who also hold class E liquor control licenses only as provided in sections 123.173 and 123.177, and to sell alcoholic beverages to bona fide members and their guests by the individual drink for consumption on the premises only.   b. Class B. A class B liquor control license may be issued to a hotel or motel and shall authorize the holder to purchase alcoholic liquors in original unopened containers from class E liquor control licensees only, wine from class A wine permittees or class B wine permittees who also hold class E liquor control licenses only as provided in sections 123.173 and 123.177, and to sell alcoholic beverages to patrons by the individual drink for consumption on the premises only. However, beer may also be sold for consumption off the premises. Each license shall be effective throughout the premises described in the application.   c. Class C.   (1) A class C liquor control license may be issued to a commercial establishment but must be issued in the name of the individuals who actually own the entire business and shall authorize the holder to purchase alcoholic liquors in original unopened containers from class E liquor control licensees only, wine from class A wine permittees or class B wine permittees who also hold class E liquor control licenses only as provided in sections 123.173 and 123.177, and to sell alcoholic beverages to patrons by the individual drink for consumption on the premises only. However, alcoholic liquor, wine, and beer in original unopened containers may also be sold for consumption off the premises. In addition, mixed drinks or cocktails may also be sold for consumption off the premises subject to the requirements of section 123.49, subsection 2, paragraph d. The holder of a class C liquor control license may also hold a special class A beer permit for the premises licensed under a class C liquor control license for the purpose of operating a brewpub pursuant to this chapter.   (2) A special class C liquor control license may be issued to a commercial establishment and shall authorize the holder to purchase wine from class A wine permittees or class B wine permittees who also hold class E liquor control licenses only as provided in sections 123.173 and 123.177, and to sell wine and beer to patrons by the individual drink for consumption on the premises only. However, beer may also be sold for consumption off the premises. The license issued to holders of a special class C liquor control license shall clearly state on its face that the license is limited.   (3) A class C native distilled spirits liquor control license may be issued to a native distillery but shall be issued in the name of the individuals who actually own the business and shall only be issued to a native distillery which, combining all production facilities of the business, produces and manufactures not more than one hundred thousand proof gallons of distilled spirits on an annual basis. The license shall authorize the holder to sell native distilled spirits manufactured on the premises of the native distillery to patrons by the individual drink for consumption on the premises and mixed drinks or cocktails for consumption off the premises subject to the requirements of section 123.49, subsection 2, paragraph d. All native distilled spirits sold by a native distillery for on-premises consumption and mixed drinks or cocktails sold for consumption off the premises shall be purchased from a class E liquor control licensee in original unopened containers.   d. Class D.   (1) A class D liquor control license may be issued to a railway corporation, to an air common carrier, and to passenger-carrying boats or ships for hire with a capacity of twenty-five persons or more operating in inland or boundary waters, and shall authorize the holder to sell or furnish alcoholic beverages to passengers for consumption only on trains, watercraft as described in this section, or aircraft, respectively. Each license is valid throughout the state. Only one license is required for all trains, watercraft, or aircraft operated in the state by the licensee. However, if a watercraft is an excursion gambling boat licensed under chapter 99F, the owner shall obtain a separate class D liquor control license for each excursion gambling boat operating in the waters of this state.   (2) A class D liquor control licensee who operates a train or a watercraft intrastate only, or an excursion gambling boat licensed under chapter 99F, shall purchase alcoholic liquor in original unopened containers from a class E liquor control licensee only, wine from a class A wine permittee or a class B wine permittee who also holds a class E liquor control license only as provided in sections 123.173 and 123.177, and beer from a class A beer permittee only.   e. Class E.   (1) A class E liquor control license may be issued and shall authorize the holder to purchase alcoholic liquor in original unopened containers from the division only and high alcoholic content beer from a class A beer permittee only and to sell the alcoholic liquor in original unopened containers and high alcoholic content beer at retail to patrons for consumption off the licensed premises and at wholesale to other liquor control licensees, provided the holder has filed with the division a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury. A holder of a class E liquor control license may hold other retail liquor control licenses or retail wine or beer permits, but the premises licensed under a class E liquor control license shall be separate from other licensed premises, though the separate premises may have a common entrance. However, the holder of a class E liquor control license may also hold a class B wine or class C beer permit or both for the premises licensed under a class E liquor control license.   (2) The division may issue a class E liquor control license for premises covered by a liquor control license or wine or beer permit for on-premises consumption under any of the following circumstances:   (a) If the premises are in a county having a population under nine thousand five hundred in which no other class E liquor control license has been issued by the division, and no other application for a class E liquor control license has been made within the previous twelve consecutive months.   (b) If, notwithstanding any provision of this chapter to the contrary, the premises covered by a liquor control license is a grocery store that is at least five thousand square feet.   4. Notwithstanding any provision of this chapter to the contrary, a person holding a liquor control license to sell alcoholic beverages for consumption on the licensed premises may permit a customer to remove one unsealed bottle of wine for consumption off the premises if the customer has purchased and consumed a portion of the bottle of wine on the licensed premises. The licensee or the licensees agent shall securely reseal such bottle in a bag designed so that it is visibly apparent that the resealed bottle of wine has not been tampered with and provide a dated receipt for the resealed bottle of wine to the customer. A wine bottle resealed pursuant to the requirements of this subsection is subject to the requirements of sections 321.284 and 321.284A. A person holding a liquor control license to sell alcoholic beverages for consumption on the licensed premises may permit a customer to carry an open container of wine from the persons licensed premises into another immediately adjacent licensed premises that is covered by a license or permit that authorizes the consumption of wine, a temporarily closed public right-of-way, or a private place.  [C35, 1921-f27; C39, 1921.027; C46, 50, 54, 58, 62, 66, 71, 123.27; C73, 75, 77, 79, 81, 123.30]  85 Acts, ch 32, 22; 86 Acts, ch 1246, 741, 742; 87 Acts, ch 22, 4  6; 88 Acts, ch 1088, 2, 3; 88 Acts, ch 1241, 6, 7; 90 Acts, ch 1175, 6; 91 Acts, ch 203, 1; 93 Acts, ch 91, 7, 8; 2009 Acts, ch 41, 263; 2009 Acts, ch 74, 1; 2010 Acts, ch 1193, 111, 140; 2011 Acts, ch 17, 6; 2013 Acts, ch 30, 22; 2014 Acts, ch 1092, 28; 2016 Acts, ch 1008, 3; 2017 Acts, ch 29, 38, 39; 2017 Acts, ch 119, 5, 19, 40; 2018 Acts, ch 1060, 12; 2018 Acts, ch 1172, 54  60; 2019 Acts, ch 113, 11  13; 2020 Acts, ch 1114, 10, 11, 16; 2021 Acts, ch 155, 2  Referred to in 12.43, 123.33, 123.36, 123.43, 123.43A, 123.95, 123.127, 123.128, 123.129, 123.138, 123.175, 123.185  Subsection 3, paragraph c, subparagraph (1) amended 
123.31 Liquor control licenses  application contents.   Verified applications for the original issuance or the renewal of liquor control licenses shall be submitted electronically, or in a manner prescribed by the administrator, and shall set forth under oath the following information:   1. The name and address of the applicant.   2. The precise location of the premises for which a license is sought.   3. The names and addresses of all persons or, in the case of a corporation, limited liability company, or any other similar legal entity, the officers, directors, and persons owning or controlling ten percent or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise, in the business.   4. When required by the administrator, a sketch or drawing of the premises proposed to be licensed, in such form and containing such information as the administrator may require.   5. A statement whether any person specified in subsection 3 has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory.   6. Such other information as the administrator shall require.  [C35, 1921-f27; C39, 1921.027; C46, 50, 54, 58, 62, 66, 71, 123.27; C73, 75, 77, 79, 81, 123.31]  93 Acts, ch 91, 9; 2000 Acts, ch 1201, 2; 2011 Acts, ch 17, 7; 2013 Acts, ch 35, 3; 2017 Acts, ch 119, 6; 2019 Acts, ch 113, 14  Referred to in 123.32 
123.32 Action by local authorities and division on applications for liquor control licenses, native distilled spirits licenses, and wine and beer permits.   1. Filing of application.   a. A completed application for a class A, class B, class C, special class C, class C native distilled spirits, or class E liquor control license as provided in section 123.31, for a retail beer permit as provided in sections 123.128 and 123.129, or for a class B, class B native, or class C native retail wine permit as provided in section 123.175, shall be filed with the appropriate city council if the premises for which the license or permit is sought are located within the corporate limits of a city, or with the board of supervisors if the premises for which the license or permit is sought are located outside the corporate limits of a city.   b. A completed application for a class D liquor control license and for any of the following certificates, licenses, or permits shall be submitted to the division electronically, or in a manner prescribed by the administrator, which shall proceed in the same manner as in the case of an application approved by local authorities:   (1) A certificate of compliance as provided in sections 123.23, 123.135, and 123.180.   (2) A class D liquor control license as provided in section 123.31.   (3) A manufacturers license as provided in section 123.41.   (4) A brokers permit as provided in section 123.42.   (5) A class A native distilled spirits license as provided in section 123.43.   (6) A class A or special class A beer permit as provided in section 123.127.   (7) A charity beer, spirits, and wine auction permit as provided in section 123.173A.   (8) A charity beer, spirits, and wine event permit as provided in section 123.173B.   (9) A class A wine permit as provided in section 123.175.   (10) A wine direct shippers permit as provided in section 123.187.   (11) A wine carrier permit as provided in section 123.188.   2. Action by local authorities. The local authority shall either approve or disapprove the issuance of a liquor control license, a retail wine permit, or a retail beer permit, shall endorse its approval or disapproval on the application, and shall forward the application with the necessary fee and bond, if required, to the division. There is no limit upon the number of liquor control licenses, retail wine permits, or retail beer permits which may be approved for issuance by local authorities.   3. Licensed premises for local events. A local authority may define, by motion of the local authority, licensed premises which shall be used by holders of liquor control licenses, beer permits, and wine permits at festivals, fairs, or celebrations which are sponsored or authorized by the local authority. The licensed premises defined by motion of the local authority shall be used by the holders of five-day or fourteen-day class A, class B, class C, special class C, or class D liquor control licenses, or five-day or fourteen-day class B or class C native wine permits, or class B beer permits only.   4. Security employee training. A local authority, as a condition of obtaining and holding a license or permit for on-premises consumption, may require a designated security employee as defined in section 123.3 to be trained and certified in security methods. The training shall include but is not limited to de-escalation techniques, anger management techniques, civil rights or unfair practices awareness as provided in section 216.7, recognition of fake or altered identification, information on laws applicable to the serving of alcohol at a licensed premises, use of force and techniques for safely removing patrons, and instruction on the proper physical restraint methods used against a person who has become combative.   5. Occupancy rates. A local authority located in a county with a population that exceeds three hundred thousand persons, as a condition of obtaining and holding a license or permit for on-premises consumption, shall require the applicant, licensee, or permittee to provide, and update if necessary, the occupancy rate of the licensed premises.   6. Action by administrator.   a. Upon receipt of an application having been disapproved by the local authority, the administrator shall notify the applicant that the applicant may appeal the disapproval of the application to the administrator. The applicant shall be notified by certified mail or personal service, and the application, the fee, and any bond shall be returned to the applicant.   b. Upon receipt of an application having been approved by the local authority, the division shall make an investigation as the administrator deems necessary to determine that the applicant complies with all requirements for holding a license or permit, and may require the applicant to appear to be examined under oath to demonstrate that the applicant complies with all of the requirements to hold a license or permit. If the administrator requires the applicant to appear and to testify under oath, a record shall be made of all testimony or evidence and the record shall become a part of the application. The administrator may appoint a member of the division or may request an administrative law judge of the department of inspections and appeals to receive the testimony under oath and evidence, and to issue a proposed decision to approve or disapprove the application for a license or permit. The administrator may affirm, reverse, or modify the proposed decision to approve or disapprove the application for the license or permit. If the application is approved by the administrator, the license or permit shall be issued. If the application is disapproved by the administrator, the applicant shall be so notified by certified mail or personal service and the appropriate local authority shall be notified electronically, or in a manner prescribed by the administrator.   7. Appeal to administrator. An applicant for a liquor control license, wine permit, or beer permit may appeal from the local authoritys disapproval of an application for a license or permit to the administrator. In the appeal the applicant shall be allowed the opportunity to demonstrate in an evidentiary hearing conducted pursuant to chapter 17A that the applicant complies with all of the requirements for holding the license or permit. The administrator may appoint a member of the division or may request an administrative law judge from the department of inspections and appeals to conduct the evidentiary hearing and to render a proposed decision to approve or disapprove the issuance of the license or permit. The administrator may affirm, reverse, or modify the proposed decision. If the administrator determines that the applicant complies with all of the requirements for holding a license or permit, the administrator shall order the issuance of the license or permit. If the administrator determines that the applicant does not comply with the requirements for holding a license or permit, the administrator shall disapprove the issuance of the license or permit.   8. Judicial review. The applicant or the local authority may seek judicial review of the action of the administrator in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A, petitions for judicial review may be filed in the district court of the county where the premises covered by the application are situated.   9. Suspension by local authority. A liquor control licensee or a wine or beer permittee whose license or permit has been suspended or revoked or a civil penalty imposed by a local authority for a violation of this chapter or suspended by a local authority for violation of a local ordinance may appeal the suspension, revocation, or civil penalty to the administrator. The administrator may appoint a member of the division or may request an administrative law judge from the department of inspections and appeals to hear the appeal which shall be conducted in accordance with chapter 17A and to issue a proposed decision. The administrator may review the proposed decision upon the motion of a party to the appeal or upon the administrators own motion in accordance with chapter 17A. Upon review of the proposed decision, the administrator may affirm, reverse, or modify the proposed decision. A liquor control licensee, wine or beer permittee, or a local authority aggrieved by a decision of the administrator may seek judicial review of the decision pursuant to chapter 17A.  [C35, 1921-f27; C39, 1921.027; C46, 50, 54, 58, 62, 66, 71, 123.27; C73, 75, 77, 79, 81, 123.32]  85 Acts, ch 32, 23; 86 Acts, ch 1246, 743; 88 Acts, ch 1088, 4; 89 Acts, ch 161, 7; 90 Acts, ch 1177, 1; 91 Acts, ch 97, 22; 93 Acts, ch 91, 10  12; 2000 Acts, ch 1201, 3; 2003 Acts, ch 44, 114; 2003 Acts, ch 143, 3, 17; 2005 Acts, ch 13, 2; 2008 Acts, ch 1166, 1; 2009 Acts, ch 137, 1; 2010 Acts, ch 1031, 83; 2013 Acts, ch 35, 4; 2016 Acts, ch 1008, 4; 2017 Acts, ch 119, 7, 41; 2018 Acts, ch 1060, 13; 2019 Acts, ch 113, 15; 2020 Acts, ch 1114, 1  Referred to in 123.39, 331.303 
123.33 Records.   Every holder of a license or permit under this chapter shall maintain records, in printed or electronic format, which include income statements, balance sheets, purchase and sales invoices, purchase and sales ledgers, and any other records as the administrator may require. The records required and the premises of the licensee or permittee shall be accessible and open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the licensee or permittee.  [C35, 1921-f22; C39, 1921.022; C46, 50, 54, 58, 62, 66, 71, 123.22; C73, 75, 77, 79, 81, 123.33]  85 Acts, ch 196, 2; 88 Acts, ch 1241, 8; 2013 Acts, ch 35, 5; 2017 Acts, ch 119, 8; 2018 Acts, ch 1060, 14 
123.34 Expiration of licenses, permits, and certificates of compliance  seasonal, fourteen-day, and five-day licenses and permits  fees.   1. All licenses, permits, and certificates of compliance, unless sooner suspended or revoked, expire one year from date of issuance. The administrator shall notify a license, permit, or certificate holder electronically, or in a manner prescribed by the administrator, sixty days prior to the expiration of each license, permit, or certificate.   2. a. The administrator may issue six-month or eight-month seasonal class A, class B, class C, special class C, and class D liquor control licenses, class B wine permits, class B or class C native wine permits, or class B beer permits.   b. The fee for a six-month or eight-month seasonal license or permit issued pursuant to this subsection shall be for a proportionate part of the license or permit fee for that class of license or permit. However, the fee for a seasonal class B native wine permit shall be the permit fee provided in section 123.179, subsection 4, and the fee for a seasonal class C native wine permit shall be the permit fee provided in section 123.179, subsection 5.   3. a. The administrator may issue fourteen-day class A, class B, class C, special class C, and class D liquor control licenses, and fourteen-day class B beer permits, class B native wine permits, and class C native wine permits.   b. A fourteen-day license or permit, if granted, is valid for fourteen consecutive days, but the holder shall not sell on the two Sundays in the fourteen-day period unless the holder qualifies for and obtains the privilege to sell on Sundays contained in section 123.36, subsection 6, and section 123.134, subsection 4.   c. (1) The fee for a fourteen-day liquor control license or beer permit is one quarter of the annual fee for that class of liquor control license or beer permit. The fee for the privilege to sell on the two Sundays in the fourteen-day period is twenty percent of the price of the fourteen-day liquor control license or beer permit.   (2) The fee for a fourteen-day class B native wine permit shall be the permit fee provided in section 123.179, subsection 4, and the fee for a fourteen-day class C native wine permit is the permit fee provided in section 123.179, subsection 5.   4. a. The administrator may issue five-day class A, class B, class C, special class C, and class D liquor control licenses, and five-day class B beer permits, class B native wine permits, and class C native wine permits.   b. A five-day license or permit is valid for five consecutive days, but the holder shall not sell alcoholic beverages on Sunday in the five-day period unless the holder qualifies for and obtains the privilege to sell on Sunday pursuant to section 123.36, subsection 6, and section 123.134, subsection 4.   c. (1) The fee for the five-day liquor control license or beer permit is one-eighth of the annual fee for that class of license or permit. The fee for the privilege to sell on a Sunday in the five-day period is ten percent of the price of the five-day liquor control license or beer permit.   (2) The fee for a five-day class B native wine permit shall be the permit fee provided in section 123.179, subsection 4, and the fee for a five-day class C native wine permit is the permit fee provided in section 123.179, subsection 5.   5. A refund of fees paid shall not be made for seasonal licenses or permits, or for fourteen-day or five-day liquor control licenses, native wine permits, or beer permits. In addition, a seasonal, fourteen-day, or five-day license or permit shall not be renewed.  [C35, 1921-f27, 1921-f100; C39, 1921.027, 1921.100; C46, 50, 54, 58, 62, 66, 71, 123.27, 124.6; C73, 75, 77, 79, 81, 123.34; 81 Acts, ch 55, 2]  85 Acts, ch 32, 24; 86 Acts, ch 1237, 7; 90 Acts, ch 1177, 2, 3; 91 Acts, ch 97, 23; 2016 Acts, ch 1008, 5; 2017 Acts, ch 119, 9; 2018 Acts, ch 1060, 15; 2019 Acts, ch 113, 16 
123.35 Simplified renewal procedure  class E procedure. Repealed by 2011 Acts, ch 17, 16. 
123.36 Liquor control license fees  Sunday sales.   The following fees shall be paid to the division annually for liquor control licenses issued under section 123.30:   1. Class A liquor control licenses, the sum of six hundred dollars, except that for class A licenses in cities of less than two thousand population, and for clubs of less than two hundred fifty members, the license fee shall be four hundred dollars; however, the fee shall be two hundred dollars for any club which is a post, branch, or chapter of a veterans organization chartered by the Congress of the United States, if the club does not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week or more than a total of fifty-two days in a year, and if the application for a license states that the club does not and will not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week or more than a total of fifty-two days in a year.   2. Class B liquor control licenses, the sum as follows:   a. Hotels or motels located within the corporate limits of cities of ten thousand population and over, one thousand three hundred dollars.   b. Hotels and motels located within the corporate limits of cities of over three thousand and less than ten thousand population, one thousand fifty dollars.   c. Hotels and motels located within the corporate limits of cities of three thousand population and less, eight hundred dollars.   d. Hotels and motels located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be licensed, and in case there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if a hotel or motel is located in an unincorporated town, for purposes of this subsection the unincorporated town shall be treated as if it is a city.   3. Class C liquor control licenses, the sum as follows:   a. Commercial establishments located within the corporate limits of cities of ten thousand population and over, one thousand three hundred dollars.   b. Commercial establishments located within the corporate limits of cities of over fifteen hundred and less than ten thousand population, nine hundred fifty dollars.   c. Commercial establishments located within the corporate limits of cities of fifteen hundred population or less, six hundred dollars.   d. Commercial establishments located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be licensed, and in case there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if a commercial establishment is located in an unincorporated town, for purposes of this subsection the unincorporated town shall be treated as if it is a city.   4. Class C native distilled spirits liquor control license, the sum of two hundred fifty dollars.   5. Class D liquor control licenses, the following sums:   a. For watercraft, one hundred fifty dollars.   b. For trains, five hundred dollars.   c. For air common carriers, each company shall pay an annual fee of five hundred dollars.   6. Any club, hotel, motel, native distillery, passenger-carrying boat or ship, railway corporation, air common carrier, or commercial establishment holding a liquor control license, subject to section 123.49, subsection 2, paragraph b, may apply for and receive permission to sell and dispense alcoholic beverages as authorized by section 123.30 to patrons between the hours of 6:00 a.m. on Sunday and 2:00 a.m. on the following Monday. For the privilege of selling beer, wine, and alcoholic liquor on the premises on Sunday the liquor control license fee of the applicant shall be increased by twenty percent of the regular fee prescribed for the license pursuant to this section, and the privilege shall be noted on the liquor control license.   7. Special class C liquor control licenses, a sum as follows:   a. Commercial establishments located within the corporate limits of cities of ten thousand population and over, four hundred fifty dollars.   b. Commercial establishments located within the corporate limits of cities of over fifteen hundred and less than ten thousand population, three hundred dollars.   c. Commercial establishments located within the corporate limits of cities of fifteen hundred population or less, one hundred fifty dollars.   d. Commercial establishments located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be licensed, and in case there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if a commercial establishment is located in an unincorporated town, for purposes of this subsection the unincorporated town shall be treated as if it is a city.   8. The division shall credit all fees to the beer and liquor control fund. The division shall remit to the appropriate local authority, a sum equal to sixty-five percent of the fees collected for each class A, class B, or class C license except special class C licenses or class E licenses, covering premises located within the local authoritys jurisdiction. The division shall remit to the appropriate local authority a sum equal to seventy-five percent of the fees collected for each special class C license covering premises located within the local authoritys jurisdiction. Those fees collected for the privilege authorized under subsection 6 and those fees collected for each class E liquor control license shall be credited to the beer and liquor control fund.   9. a. Class E liquor control license, a sum determined as follows:   (1) For licensed premises at which gasoline is not sold, a sum of not less than seven hundred fifty dollars, and not more than seven thousand five hundred dollars as determined on a sliding scale as established by the division taking into account the factors of square footage of the licensed premises, the location of the licensed premises, and the population of the area of the location of the licensed premises.   (2) For licensed premises at which gasoline is sold, a sum equal to the following:   (a) For premises located within the corporate limits of a city with a population of less than one thousand five hundred, three thousand five hundred dollars.   (b) For premises located within the corporate limits of a city with a population of at least one thousand five hundred but less than ten thousand, five thousand dollars.   (c) For premises located within the corporate limits of a city with a population of ten thousand population or more, the greater of five thousand dollars or the amount that would be established pursuant to subparagraph (1) if gasoline were not sold at the premises.   (d) For premises located outside the corporate limits of any city, a sum equal to that charged in the incorporated city located nearest the premises to be licensed. If there is doubt as to which of two or more differing corporate limits is the nearest, the license fee which is the largest shall prevail. However, if the premises is located in an unincorporated town, for purposes of this subparagraph, the unincorporated town shall be treated as if it is a city.   b. Notwithstanding subsection 6, the holder of a class E liquor control license may sell alcoholic liquor for consumption off the licensed premises on Sunday subject to section 123.49, subsection 2, paragraph b.   10. There is imposed a surcharge on the fee for each class A, class B, class C, class C native distilled spirits, or special class C liquor control license equal to thirty percent of the scheduled license fee. The surcharges collected under this subsection shall be deposited in the beer and liquor control fund, and notwithstanding subsection 8, no portion of the surcharges collected under this subsection shall be remitted to the local authority.  [C35, 1921-f28; C39, 1921.028; C46, 50, 54, 58, 62, 66, 71, 123.38; C73, 75, 77, 79, 81, 123.36]  83 Acts, ch 123, 59, 209; 84 Acts, ch 1275, 2; 84 Acts, ch 1312, 6; 85 Acts, ch 32, 26  29; 86 Acts, ch 1246, 744; 87 Acts, ch 22, 7, 8; 88 Acts, ch 1241, 9  11; 90 Acts, ch 1089, 1; 90 Acts, ch 1175, 7; 91 Acts, ch 245, 1; 93 Acts, ch 91, 14; 94 Acts, ch 1023, 85; 2011 Acts, ch 17, 8; 2017 Acts, ch 119, 42, 43; 2018 Acts, ch 1060, 16; 2019 Acts, ch 113, 17  19; 2020 Acts, ch 1063, 53; 2021 Acts, ch 155, 3  Referred to in 123.34, 123.49, 123.150, 125.59, 331.427  Subsection 6 amended 
123.37 Exclusive power to license and levy taxes  disputed taxes.   1. The power to establish licenses and permits and levy taxes as imposed in this chapter is vested exclusively with the state. Unless specifically provided, a local authority shall not require the obtaining of a special license or permit for the sale of alcoholic beverages at any establishment, or require the obtaining of a license by any person as a condition precedent to the persons employment in the sale, serving, or handling of alcoholic beverages within an establishment operating under a license or permit.   2. The administrator may compromise and settle doubtful and disputed claims for taxes imposed under this chapter or for taxes of doubtful collectibility, notwithstanding section 7D.9. The administrator may enter into informal settlements pursuant to section 17A.10 to compromise and settle doubtful and disputed claims for taxes imposed under this chapter. The administrator may make a claim under a licensees or permittees penal bond for taxes of doubtful collectibility. Whenever a compromise or settlement is made, the administrator shall make a complete record of the case showing the tax assessed, reports and audits, if any, the licensees or permittees grounds for dispute or contest, together with all evidence of the dispute or contest, and the amounts, conditions, and settlement or compromise of the dispute or contest.   3. A licensee or permittee who disputes the amount of tax imposed must pay all tax and penalty pertaining to the disputed tax liability prior to appealing the disputed tax liability to the administrator.   4. The administrator shall adopt rules establishing procedures for payment of disputed taxes imposed under this chapter. If it is determined that the tax is not due in whole or in part, the division shall promptly refund the part of the tax payment which is determined not to be due.  [C73, 75, 77, 79, 81, 123.37]  85 Acts, ch 32, 30; 88 Acts, ch 1153, 2; 89 Acts, ch 252, 1; 93 Acts, ch 91, 15; 94 Acts, ch 1023, 9; 2007 Acts, ch 22, 35; 2018 Acts, ch 1060, 17 
123.38 Nature of permit or license  surrender  transfer.   1. A liquor control license, wine permit, or beer permit is a personal privilege and is revocable for cause. It is not property nor is it subject to attachment and execution nor alienable nor assignable, and it shall cease upon the death of the permittee or licensee. However, the administrator of the division may in the administrators discretion allow the executor or administrator of the estate of a permittee or licensee to operate the business of the decedent for a reasonable time not to exceed the expiration date of the permit or license. Every permit or license shall be issued in the name of the applicant and no person holding a permit or license shall allow any other person to use it.   2. a. Any licensee or permittee, or the executor or administrator of the estate of a licensee or permittee, or any person duly appointed by the court to take charge of and administer the property or assets of the licensee or permittee for the benefit of the licensees or permittees creditors, may voluntarily surrender a license or permit to the division. When a license or permit is surrendered the division shall notify the local authority, and the division or the local authority shall refund to the person surrendering the license or permit, a proportionate amount of the fee received by the division or the local authority for the license or permit as follows:   (1) If a license or permit is surrendered during the first three months of the period for which it was issued, the refund shall be three-fourths of the amount of the fee.   (2) If surrendered more than three months but not more than six months after issuance, the refund shall be one-half of the amount of the fee.   (3) If surrendered more than six months but not more than nine months after issuance, the refund shall be one-fourth of the amount of the fee.   (4) No refund shall be made for any liquor control license, wine permit, or beer permit surrendered more than nine months after issuance.   b. For purposes of this subsection, any portion of license or permit fees used for the purposes authorized in section 331.424, subsection 1, paragraph a, subparagraphs (1) and (2), shall not be deemed received either by the division or by a local authority.   c. No refund shall be made to any licensee or permittee upon the surrender of the license or permit if there is at the time of surrender a complaint filed with the division or local authority charging the licensee or permittee with a violation of this chapter.   d. If upon a hearing on a complaint the license or permit is not revoked or suspended, then the licensee or permittee is eligible, upon surrender of the license or permit, to receive a refund as provided in this section. However, if the license or permit is revoked or suspended upon hearing, the licensee or permittee is not eligible for the refund of any portion of the license or permit fee.   3. The local authority may in its discretion authorize a licensee or permittee to transfer the license or permit from one location to another within the same incorporated city, or within a county outside the corporate limits of a city, provided that the premises to which the transfer is to be made would have been eligible for a license or permit in the first instance and such transfer will not result in the violation of any law. All transfers authorized, and the particulars of same, shall be reported to the administrator by the local authority. The administrator may by rule establish a uniform transfer fee to be assessed by all local authorities upon licensees or permittees to cover the administrative costs of such transfers, such fee to be retained by the local authority involved.  [C35, 1921-f29, -f100; C39, 1921.029, 1921.100; C46, 50, 54, 58, 62, 66, 71, 123.29, 124.6; C73, 75, 77, 79, 81, 123.38]  85 Acts, ch 32, 31; 95 Acts, ch 206, 5, 12; 2010 Acts, ch 1061, 162; 2016 Acts, ch 1008, 6; 2018 Acts, ch 1041, 39; 2018 Acts, ch 1060, 18; 2019 Acts, ch 59, 42, 43; 2021 Acts, ch 177, 79, 108  Subsection 2, paragraph b amended 
123.38A Confidential investigative records.   In order to assure a free flow of information for accomplishing the purposes of section 123.4 and section 123.9, subsection 6, all complaint information, investigation files, audit files, and inspection files, other investigation reports, and other investigative information in the possession of the division or employees acting under the authority of the administrator are privileged and confidential, and are not subject to discovery, subpoena, or other means of legal compulsion for their release before administrative or criminal charges are filed. However, investigative information in the possession of division employees may be disclosed to the licensing authorities of a city or county within this state, in another state, the District of Columbia, or territory or county in which the licensee or permittee is licensed or permitted or has applied for a license or permit. In addition, the investigative information can be shared with any law enforcement agency or other state agency that also has investigative, regulatory, or enforcement jurisdiction authorized by law. Records received by the division from other agencies which would be confidential if created by the division are considered confidential.  2019 Acts, ch 113, 20 
123.39 Suspension or revocation of license or permit  civil penalty.   1. a. (1) The administrator or the local authority may suspend a class A, class B, class C, special class C, class C native distilled spirits, or class E liquor control license or retail wine or beer permit for a period not to exceed one year, revoke the license or permit, or impose a civil penalty not to exceed one thousand dollars per violation.   (2) The administrator may suspend a certificate of compliance, a class D liquor control license, a manufacturers license, a brokers permit, a class A native distilled spirits license, a class A or special class A beer permit, a charity beer, spirits, and wine auction permit, a class A wine permit, a wine direct shippers permit, or a wine carrier permit for a period not to exceed one year, revoke the license, permit, or certificate, or impose a civil penalty not to exceed one thousand dollars per violation.   b. A license, permit, or certificate of compliance issued under this chapter may be suspended or revoked, or a civil penalty may be imposed for any of the following causes:   (1) Misrepresentation of any material fact in the application for the license, permit, or certificate.   (2) Violation of any of the provisions of this chapter.   (3) Any change in the ownership or interest in the business operated under a liquor control license, or any wine or beer permit, which change was not previously reported in a manner prescribed by the administrator within thirty days of the change and subsequently approved by the local authority, when applicable, and the division.   (4) An event which would have resulted in disqualification from receiving the license, permit, or certificate when originally issued.   (5) Any sale, hypothecation, or transfer of the license, permit, or certificate.   (6) The failure or refusal on the part of any license, permit, or certificate holder to render any report or remit any taxes to the division under this chapter when due.   c. A criminal conviction is not a prerequisite to suspension, revocation, or imposition of a civil penalty pursuant to this section.   d. A local authority which acts pursuant to this section, section 123.32, or section 123.50 shall notify the division in writing of the action taken, and shall notify the license or permit holder of the right to appeal a suspension, revocation, or imposition of a civil penalty to the division.   e. Before suspension, revocation, or imposition of a civil penalty by the administrator, the license, permit, or certificate holder shall be given written notice and an opportunity for a hearing. The administrator may appoint a member of the division or may request an administrative law judge from the department of inspections and appeals to conduct the hearing and issue a proposed decision. Upon the motion of a party to the hearing or upon the administrators own motion, the administrator may review the proposed decision in accordance with chapter 17A. Upon review of the proposed decision, the administrator may affirm, reverse, or modify the proposed decision. A license, permit, or certificate holder aggrieved by a decision of the administrator may seek judicial review of the administrators decision in accordance with chapter 17A.   f. Civil penalties imposed and collected by the local authority under this section shall be retained by the local authority. Civil penalties imposed and collected by the division under this section shall be credited to the general fund of the state pursuant to section 123.17, subsection 8.   2. Local authorities may suspend any liquor control license or retail wine or beer permit for a violation of any ordinance or regulation adopted by the local authority. Local authorities may adopt ordinances or regulations for the location of the premises of liquor control licensed and retail wine or beer permitted establishments and local authorities may adopt ordinances, not in conflict with this chapter and that do not diminish the hours during which alcoholic beverages may be sold or consumed at retail, governing any other activities or matters which may affect the retail sale and consumption of alcoholic beverages and the health, welfare and morals of the community involved.   3. When a liquor control license or retail wine or beer permit is suspended after a hearing as a result of violations of this chapter by the licensee, permittee or the licensees or permittees agents or employees, the premises which were licensed by the license or permit shall not be relicensed for a new applicant until the suspension has terminated or time of suspension has elapsed, or ninety days have elapsed since the commencement of the suspension, whichever occurs first. However, this section does not prohibit the premises from being relicensed to a new applicant before the suspension has terminated or before the time of suspension has elapsed or before ninety days have elapsed from the commencement of the suspension, if the premises prior to the time of the suspension had been purchased under contract, and the vendor under that contract had exercised the persons rights under chapter 656 and sold the property to a different person who is not related to the previous licensee or permittee by marriage or within the third degree of consanguinity or affinity and if the previous licensee or permittee does not have a financial interest in the business of the new applicant.   4. If the cause for suspension is a first offense violation of section 123.49, subsection 2, paragraph h, the administrator or local authority shall impose a civil penalty in the amount of five hundred dollars in lieu of suspension of the license or permit.  [C35, 1921-f32, 1921-f126; C39, 1921.032, 1921.129; C46, 50, 54, 58, 62, 123.32, 124.34; C66, 71, 123.32, 123.102, 124.34; C73, 75, 77, 79, 81, 123.39]  85 Acts, ch 32, 32; 88 Acts, ch 1241, 12; 93 Acts, ch 91, 16, 17; 94 Acts, ch 1017, 2; 2000 Acts, ch 1154, 12; 2002 Acts, ch 1119, 128; 2018 Acts, ch 1060, 19  21; 2019 Acts, ch 113, 21, 22  Referred to in 123.23, 123.24, 123.41, 123.42, 123.43, 123.46A, 123.50, 123.135, 123.173A, 123.173B, 123.180, 123.186, 123.187, 123.188  Section not amended; internal reference change applied 
123.4 Alcoholic beverages division created.   An alcoholic beverages division is created within the department of commerce to administer and enforce the laws of this state concerning alcoholic beverage control.  [C35, 1921-f15; C39, 1921.015; C46, 50, 54, 58, 62, 66, 71, 123.15; C73, 75, 77, 79, 81, 123.4]  85 Acts, ch 32, 9; 86 Acts, ch 1245, 731; 2018 Acts, ch 1060, 4  Referred to in 123.38A 
123.40 Effect of revocation.   Any liquor control licensee, wine permittee, or beer permittee whose license or permit is revoked under this chapter shall not thereafter be permitted to hold a liquor control license, wine permit, or beer permit in the state of Iowa for a period of two years from the date of revocation. A spouse or business associate holding ten percent or more of the capital stock or ownership interest in the business of a person whose license or permit has been revoked shall not be issued a liquor control license, wine permit, or beer permit, and no liquor control license, wine permit, or beer permit shall be issued which covers any business in which such person has a financial interest for a period of two years from the date of revocation. If a license or permit is revoked, the premises which had been covered by the license or permit shall not be relicensed for one year.  [C35, 1921-f32, 1921-f123; C39, 1921.032, 1921.125; C46, 50, 54, 58, 62, 66, 71, 123.32, 124.30; C73, 75, 77, 79, 81, 123.40]  85 Acts, ch 32, 33  Referred to in 123.3, 123.50 
123.41 Manufacturers license  alcoholic liquor.   1. Each completed application to obtain or renew a manufacturers license shall be submitted to the division electronically, or in a manner prescribed by the administrator, and shall be accompanied by a fee of three hundred fifty dollars payable to the division. The administrator may in accordance with this chapter grant and issue to a manufacturer a manufacturers license, valid for a one-year period after date of issuance, which shall allow the manufacture, storage, and wholesale disposition and sale of alcoholic liquors to the division and to customers outside of the state.   2. As a condition precedent to the approval and granting of a manufacturers license, an applicant shall file with the division a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and a statement under oath that the applicant will faithfully observe and comply with all laws, rules, and regulations governing the manufacture and sale of alcoholic liquor.   3. A person who holds an experimental distilled spirits plant permit or its equivalent issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury may produce alcohol for use as fuel without obtaining a manufacturers license from the division.   4. A person who holds a manufacturers license shall file with the division, on or before the fifteenth day of each calendar month, all documents filed by the manufacturer with the alcohol and tobacco tax and trade bureau of the United States department of the treasury, including all production, storage, and processing reports.   5. Any violation of the requirements of this chapter or rules adopted pursuant to this chapter shall subject the license holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the license, or revocation of the license after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.  [C35, 1921-f36; C39, 1921.036; C46, 50, 54, 58, 62, 66, 71, 123.36; C73, 75, 77, 79, 81, 123.41]  2011 Acts, ch 30, 3; 2013 Acts, ch 35, 6; 2014 Acts, ch 1026, 26; 2018 Acts, ch 1060, 22; 2019 Acts, ch 113, 23  25  Referred to in 123.32 
123.42 Brokers permit.   1. Prior to representing or promoting alcoholic liquor products in the state, the broker shall submit a completed application to the division electronically, or in a manner prescribed by the administrator, for a brokers permit. The administrator may in accordance with this chapter issue a brokers permit which shall be valid for one year from the date of issuance unless it is sooner suspended or revoked for a violation of this chapter.   2. At the time of applying for a brokers permit, each applicant shall submit to the division a list of names and addresses of all manufacturers, distillers, and importers whom the applicant has been appointed to represent in the state of Iowa for any purpose. The listing shall be amended by the broker as necessary to keep the listing current with the division.   3. A brokers permit is valid throughout the state, and a broker who represents more than one certificate or license holder is required to obtain only one brokers permit.   4. The annual fee for a brokers permit is twenty-five dollars.   5. An employee of a broker is not required to apply for or hold a brokers permit.   6. The holder of a distillers certificate of compliance, a manufacturers license, or a class A native distilled spirits license is not required to appoint a broker to represent its alcoholic liquor products in the state.   7. Any violation of the requirements of this chapter or the rules adopted pursuant to this chapter shall subject the permit holder to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty, suspension of the permit, or revocation of the permit after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.  [C35, 1921-f37; C39, 1921.037; C46, 50, 54, 58, 62, 66, 71, 123.37; C73, 75, 77, 79, 81, 123.42]  94 Acts, ch 1017, 3; 2013 Acts, ch 35, 7; 2018 Acts, ch 1060, 23  25; 2019 Acts, ch 113, 26, 27  Referred to in 123.32 
123.43 Class A native distilled spirits license  application and issuance  fees.   1. A person applying for a class A native distilled spirits license shall submit an application electronically, or in a manner prescribed by the administrator, which shall set forth under oath the following:   a. The name and place of residence of the applicant.   b. The names and addresses of all persons or, in the case of a corporation, limited liability company, or any other similar legal entity, the officers, directors, and persons owning or controlling ten percent or more of the capital stock thereof, having a financial interest, by way of loan, ownership, or otherwise, in the business.   c. The location of the premises where the applicant intends to operate.   d. The name of the owner of the premises and if the owner of the premises is not the applicant, whether the applicant is the actual lessee of the premises.   e. When required by the administrator, and in such form and containing such information as the administrator may require, a description of the premises where the applicant intends to use the license, to include a sketch or drawing of the premises and, if applicable, the number of square feet of interior floor space which comprises the retail sales area of the premises.   f. Whether any person specified in paragraph b has ever been convicted of any offense against the laws of the United States, or any state or territory thereof, or any political subdivision of any such state or territory.   g. Any other information as required by the administrator.   2. Except as otherwise provided in this chapter, the administrator shall issue a class A native distilled spirits license to any applicant who establishes all of the following:   a. That the applicant has submitted a completed application as required by subsection 1.   b. That the applicant is a person of good moral character as provided in section 123.3, subsection 40.   c. That the applicant is a citizen of the state of Iowa or, if a corporation, that the applicant is authorized to do business in the state.   d. That the applicant has filed with the division a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury, and that the applicant will faithfully observe and comply with all laws, rules, and regulations governing the manufacture and sale of alcoholic liquor.   e. That the premises where the applicant intends to use the license conforms to all applicable laws, health regulations, and fire regulations, and constitutes a safe and proper place or building.   f. That the applicant gives consent to a person, pursuant to section 123.30, subsection 1, to enter upon the premises without a warrant during the business hours of the applicant to inspect for violations of the provisions of this chapter or ordinances and regulations that local authorities may adopt.   3. A class A native distilled spirits license for a native distillery shall be issued and renewed annually upon payment of a fee of five hundred dollars.   4. A violation of the requirements of this chapter shall subject the licensee to the general penalties provided in this chapter and shall constitute grounds for imposition of a civil penalty or suspension or revocation of the license after notice and opportunity for a hearing pursuant to section 123.39 and chapter 17A.  2017 Acts, ch 119, 44; 2018 Acts, ch 1060, 26; 2019 Acts, ch 113, 28  Referred to in 123.32, 123.43A 
123.43A Native distilleries.   1. Subject to rules of the division, a native distillery holding a class A native distilled spirits license issued pursuant to section 123.43 may sell or offer for sale native distilled spirits. As provided in this section, sales of native distilled spirits manufactured on the premises may be made at retail for off-premises consumption when sold on the premises of the native distillery that manufactures native distilled spirits. All sales intended for resale in this state shall be made through the states wholesale distribution system.   2. A native distillery shall not sell more than one and one-half liters per person per day, of native distilled spirits on the premises of the native distillery. However, a native distillery which, combining all production facilities of the business, produces and manufactures not more than one hundred thousand proof gallons of native distilled spirits on an annual basis, may sell not more than nine liters per person per day, of native distilled spirits. In addition, a native distillery shall not directly ship native distilled spirits for sale at retail. The native distillery shall maintain records of individual purchases of native distilled spirits at the native distillery for three years.   3. A native distillery shall not sell native distilled spirits other than as permitted in this chapter and shall not allow native distilled spirits sold for consumption off the premises to be consumed upon the premises of the native distillery. However, native distilled spirits may be tasted pursuant to the rules of the division on the premises where fermented, distilled, or matured, when no charge is made for the tasting.   4. The sale of native distilled spirits to the division for wholesale disposition and sale by the division shall be subject to the requirements of this chapter regarding such disposition and sale.   5. A native distillery issued a class A native distilled spirits license shall file with the division, on or before the fifteenth day of each calendar month, all documents filed by the native distillery with the alcohol and tobacco tax and trade bureau of the United States department of the treasury, including all production, storage, and processing reports.   6. Notwithstanding any provision of this chapter to the contrary or the fact that a person is the holder of a class A native distilled spirits license, a native distillery which, combining all production facilities of the business, produces and manufactures not more than one hundred thousand proof gallons of native distilled spirits on an annual basis may sell those native distilled spirits manufactured on the premises of the native distillery for consumption on the premises by applying for a class C native distilled spirits liquor control license as provided in section 123.30. A native distillery may be granted not more than two class C native distilled spirits liquor control licenses. All native distilled spirits sold by a native distillery for on-premises consumption and mixed drinks or cocktails sold for consumption off the premises shall be purchased from a class E liquor control licensee. A manufacturer of native distilled spirits may be issued a class C native distilled spirits liquor control license regardless of whether the manufacturer is also a manufacturer of beer pursuant to a class A beer permit or a manufacturer of native wine pursuant to a class A wine permit.   7. A native distillery may sell the native distilled spirits it manufactures to customers outside the state.  2010 Acts, ch 1031, 84; 2010 Acts, ch 1193, 40; 2011 Acts, ch 17, 9; 2011 Acts, ch 30, 4; 2015 Acts, ch 53, 1; 2016 Acts, ch 1008, 7; 2017 Acts, ch 119, 45; 2019 Acts, ch 113, 29; 2019 Acts, ch 160, 1; 2020 Acts, ch 1114, 12, 16; 2021 Acts, ch 133, 1  Subsection 6 amended 
123.44 Gifts prohibited.   A manufacturer or broker shall not give away alcoholic liquor at any time in connection with the manufacturers or brokers business except for testing or sampling purposes only. A manufacturer, distiller, vintner, brewer, broker, wholesaler, or importer, organized as a corporation pursuant to the laws of this state or any other state, who deals in alcoholic beverages subject to regulation under this chapter shall not offer or give anything of value to a commission member, official or employee of the division, or directly or indirectly contribute in any manner any money or thing of value to a person seeking a public or appointive office or a recognized political party or a group of persons seeking to become a recognized political party.  [C35, 1921-f39; C39, 1921.039; C46, 50, 54, 58, 62, 66, 71, 123.39; C73, 75, 77, 79, 81, 123.44]  85 Acts, ch 32, 34; 94 Acts, ch 1017, 5; 2018 Acts, ch 1060, 27 
123.45 Limitations on business interests.   1. Subject to such exceptions as otherwise authorized under this chapter, a person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages, excluding an institutional investor, or any broker, employee, or agent of such a person, shall not do any of the following:   a. Directly or indirectly supply, furnish, give, or pay for any furnishings, fixtures, or equipment used in the storage, handling, serving, or dispensing of alcoholic beverages or food within the place of business of a licensee or permittee authorized under this chapter to sell at retail.   b. Directly or indirectly extend any credit for alcoholic beverages or beer or pay for any such license or permit.   c. Directly or indirectly be interested in the ownership, conduct, or operation of the business of another licensee or permittee authorized under this chapter to sell at retail, unless the licensee or permittee authorized under this chapter to sell at retail does not purchase or sell the alcoholic beverages of the person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages. However, the licensee or permittee authorized under this chapter to sell at retail may purchase and sell the wine of the person engaged in the business of manufacturing wine that is not native wine provided the licensed premises is the principal office, as defined in section 490.140, of the person.   d. Hold a retail liquor control license or retail wine or beer permit, unless the licensee or permittee holding a retail liquor control license or retail wine or beer permit does not purchase or sell the alcoholic beverages of the person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages. However, a person engaged in the business of manufacturing wine that is not native wine may purchase and sell the persons wine under the authority of a special class C liquor control license and a class B wine permit provided the licensed premises is the principal office, as defined in section 490.140, of the person.   2. Notwithstanding any provision of law to the contrary, a broker, employee, or agent of a person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages may be a broker, employee, or agent of another person engaged in the business of manufacturing, bottling, or wholesaling alcoholic beverages or a broker, employee, or agent of a business authorized under this chapter to sell alcoholic beverages at retail as long as the broker, employee, or agent is not an officer, owner, director, or employee in a position to exercise any control or influence over the types of sales or the purchasing of alcoholic beverages in either position of employment.   3. A person engaged in the wholesaling of beer or wine may sell only disposable glassware, which is constructed of paper, paper laminated, or plastic materials and designed primarily for personal consumption on a one-time usage basis, to retailers for use within the premises of licensed establishments, for an amount which is greater than or equal to an amount which represents the greater of either the amount paid for the disposable glassware by the supplier or the amount paid for the disposable glassware by the wholesaler. Also, a person engaged in the business of manufacturing beer may sell beer at retail for consumption on or off the premises of the manufacturing facility and, notwithstanding any other provision of this chapter or the fact that a person is the holder of a class A beer permit, may be granted not more than two class B beer permits as defined in section 123.124 for that purpose regardless of whether that person is also a manufacturer of native distilled spirits pursuant to a class A native distilled spirits license or a manufacturer of native wine pursuant to a class A wine permit.   4. A licensee or permittee who permits or assents to or is a party in any way to a violation or infringement of this section is guilty of a violation of this section.   5. The exceptions established by subsection 1 to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and shall therefore be construed accordingly, and shall not be construed to affect exceptions to the general prohibition against tied interests as otherwise authorized under this chapter.  [C35, 1921-f40, 1921-f115; C39, 1921.040, 1921.117; C46, 50, 54, 58, 62, 66, 71, 123.40, 124.22; C73, 75, 77, 79, 81, 123.45; 81 Acts, ch 57, 1; 82 Acts, ch 1024, 2]  85 Acts, ch 32, 35; 88 Acts, ch 1241, 13; 91 Acts, ch 24, 1; 2015 Acts, ch 30, 42; 2019 Acts, ch 8, 2  4; 2019 Acts, ch 160, 2; 2020 Acts, ch 1063, 54, 55; 2021 Acts, ch 133, 2  Referred to in 123.130  Subsection 3 amended 
123.46 Consumption or intoxication in public places  notifications  chemical tests  expungement.   1. As used in this section unless the context otherwise requires:   a. Arrest means the same as defined in section 804.5 and includes taking into custody pursuant to section 232.19.   b. Chemical test means a test of a persons blood, breath, or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the commissioner of public safety.   c. Peace officer means the same as defined in section 801.4.   2. A person shall not use or consume alcoholic liquor, wine, or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place except premises covered by a liquor control license. A person shall not possess or consume alcoholic liquors, wine, or beer on public school property or while attending a public or private school-related function. A person shall not be intoxicated in a public place. A person violating this subsection is guilty of a simple misdemeanor.   3. A person shall not simulate intoxication in a public place. A person violating this subsection is guilty of a simple misdemeanor.   4. When a peace officer arrests a person on a charge of public intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the persons own expense. If a device approved by the commissioner of public safety for testing a sample of a persons breath to determine the persons blood alcohol concentration is available, that is the only test that need be offered the person arrested. In a prosecution for public intoxication, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation. The percentage of alcohol present in a persons blood, breath, or urine established by the results of a chemical test performed within two hours after the persons arrest on a charge of public intoxication is presumed to be the percentage of alcohol present at the time of arrest.   5. a. A peace officer shall make a reasonable effort to identify a person under the age of eighteen who violates this section and refer the person to juvenile court.   b. A juvenile court officer shall notify the persons custodial parent, legal guardian, or custodian of the violation. In addition, the juvenile court officer shall make a reasonable effort to identify the elementary or secondary school the person attends, if any, and to notify the superintendent of the school district or the superintendents designee, or the authorities in charge of the nonpublic school, of the violation. A reasonable attempt to notify the person includes, but is not limited to, a telephone call or notice by first-class mail.   6. Upon the expiration of two years following conviction for a violation of this section or of a similar local ordinance, a person may petition the court to expunge the conviction, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction shall be expunged as a matter of law. The court shall enter an order that the record of the conviction be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.   7. A person shall not be charged or prosecuted for a violation of this section if the person is immune from charge or prosecution pursuant to section 701.12.  [C35, 1921-f42, 1921-f127; C39, 1921.042, 1921.132; C46, 50, 54, 58, 62, 66, 71, 123.42, 124.37; C73, 75, 77, 79, 81, 123.46]  85 Acts, ch 32, 36; 86 Acts, ch 1067, 1; 89 Acts, ch 225, 10; 92 Acts, ch 1231, 7; 2000 Acts, ch 1138, 1; 2010 Acts, ch 1044, 1, 2; 2010 Acts, ch 1071, 1; 2010 Acts, ch 1128, 1; 2011 Acts, ch 17, 10; 2016 Acts, ch 1058, 1; 2019 Acts, ch 140, 1; 2020 Acts, ch 1080, 1  Referred to in 123.91, 125.34, 232.22, 232.52, 701.12, 901C.3 
123.46A Delivery of alcoholic beverages by retailers.   1. Licensees and permittees authorized to sell alcoholic liquor, wine, or beer in original unopened containers for consumption off the licensed premises may deliver alcoholic liquor, wine, or beer to a home, another licensed premises if there is identical ownership of the premises by the licensee or permittee, or other designated location in this state. Deliveries shall be limited to alcoholic beverages authorized by the licensees or permittees license or permit. Orders delivered to another licensed premises shall contain only those alcoholic beverages authorized for sale by the liquor control license or retail wine or beer permit covering the premises to which the alcoholic beverages will be delivered. Orders delivered to another licensed premises shall be fulfilled using the alcoholic beverages inventory owned by the licensee or permittee who will receive the order for delivery. If the recipient refuses or fails to pick up the delivery, or is ineligible to receive the delivery, the alcoholic beverages shall be returned to the licensee or permittee who fulfilled the order.   2. Licensees and permittees authorized to sell wine, beer, or mixed drinks or cocktails for consumption off the licensed premises in a container other than the original container may deliver the wine, beer, or mixed drinks or cocktails to a home or other designated location in this state only if the container other than the original container has been sold and securely sealed in compliance with this chapter or the rules of the division. Deliveries shall be limited to alcoholic beverages authorized by the licensees or permittees license or permit.   3. All deliveries of alcoholic liquor, wine, beer, or mixed drinks or cocktails shall be subject to the following requirements and restrictions:   a. Payment for the alcoholic liquor, wine, beer, or mixed drinks or cocktails shall be received by the licensee or permittee at the time of order.   b. Orders for deliveries may be taken by the licensee or permittee between the hours of 2:00 a.m. and 6:00 a.m. on a day other than Sunday, and orders for deliveries may be taken between the hours of 2:00 a.m. and 6:00 a.m. on a Sunday provided the licensee or permittee has been granted the privilege of selling alcoholic liquor, wine, beer, or mixed drinks or cocktails on Sunday, notwithstanding any provision of section 123.49, subsection 2, paragraph b, to the contrary.   c. Alcoholic liquor, wine, beer, or mixed drinks or cocktails delivered to a person shall be for personal use and not for resale.   d. Deliveries shall only be made to persons in this state who are twenty-one years of age or older.   e. Deliveries shall not be made to a person who is intoxicated or is simulating intoxication.   f. Deliveries shall occur between 6:00 a.m. and 10:00 p.m. Monday through Sunday.   g. Delivery of alcoholic liquor, wine, beer, or mixed drinks or cocktails shall be made by the licensee or permittee, the licensees or permittees employee, or a third party, provided the licensee or permittee has entered into a written agreement with the third party that authorizes the third party to act as an agent of the licensee or permittee for the purpose of delivering alcoholic liquor, wine, beer, or mixed drinks or cocktails. Each licensee or permittee shall submit to the division electronically, or in a manner prescribed by the administrator, a list of names and addresses of all third parties it has authorized to act as its agent for the purpose of delivering alcoholic liquor, wine, beer, or mixed drinks or cocktails. The licensee or permittee shall provide the division with amendments to the list as necessary to ensure the division possesses an accurate, current list.   h. Delivery personnel shall be twenty-one years of age or older.   i. Valid proof of the recipients identity and age shall be obtained at the time of delivery, and the signature of a person twenty-one years of age or older shall be obtained as a condition of delivery.   j. Licensees and permittees shall maintain records of deliveries which include the quantity delivered, the recipients name and address, and the signature of the recipient of the alcoholic liquor, wine, beer, or mixed drinks or cocktails. The records shall be maintained on the licensed premises for a period of three years.   4. A violation of this section or any other provision of this chapter shall subject the licensee or permittee to the penalty provisions of section 123.39. If the licensee or permittee, an employee of the licensee or permittee, or a person delivering alcoholic liquor, wine, beer, or mixed drinks or cocktails for a third party acting on behalf of the licensee or permittee pursuant to a written agreement violates this section, the licensee or permittee shall not be assessed a penalty under section 123.39 if the licensee or permittee establishes all of the following:   a. The violation was committed off of the licensees or permittees premises after the liquor, wine, beer, or mixed drinks or cocktails was removed from the licensees or permittees premises in fulfillment of a delivery order.   b. (1) If the person who committed the violation is an employee of the licensee or permittee, that no other violation of this section was committed by any employee of the licensee or permittee within the two-year period immediately preceding the date of violation.   (2) If the person who committed the violation is a person delivering for a third party acting on behalf of the licensee or permittee, that no other violation of this section was committed by any person delivering for the same third party while the third party was acting on behalf of the licensee or permittee within the two-year period immediately preceding the date of violation.   5. Nothing in this section shall impact the direct shipment of wine as regulated by section 123.187.  2011 Acts, ch 30, 5; 2019 Acts, ch 113, 64  66, 68; 2021 Acts, ch 99, 1  3; 2021 Acts, ch 155, 4, 5; 2021 Acts, ch 174, 11, 12, 36  Referred to in 123.49, 123.187  See Code editors note on simple harmonization at the beginning of this Code volume  Section amended and editorially internally renumbered 
123.47 Persons under eighteen years of age, persons eighteen, nineteen, or twenty years of age, and persons twenty-one years of age and older.   1. A person shall not sell, give, or otherwise supply any alcoholic beverage to any person knowing or having reasonable cause to believe that person to be under legal age.   2. a. Except for the purposes described in subsection 3, a person who is the owner or lessee of, or who otherwise has control over, property that is not a licensed premises, shall not knowingly permit any person, knowing or having reasonable cause to believe the person to be under the age of eighteen, to consume or possess on such property any alcoholic beverage.   b. A person who violates this subsection commits the following:   (1) For a first offense, a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 8.   (2) For a second or subsequent offense, a simple misdemeanor punishable by a fine of five hundred dollars.   c. This subsection shall not apply to any of the following:   (1) A landlord or manager of the property.   (2) A person under legal age who consumes or possesses any alcoholic beverage in connection with a religious observance, ceremony, or rite.   3. A person or persons under legal age shall not purchase or attempt to purchase, consume, or individually or jointly have alcoholic beverages in their possession or control; except in the case of any alcoholic beverage given or dispensed to a person under legal age within a private home and with the knowledge, presence, and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages during the regular course of the persons employment by a liquor control licensee, or wine or beer permittee under this chapter.   4. a. A person who is eighteen, nineteen, or twenty years of age, other than a licensee or permittee, who violates this section regarding the purchase of, attempt to purchase, or consumption of any alcoholic beverage, or possessing or having control of any alcoholic beverage, commits the following:   (1) A simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 7.   (2) A second offense shall be a simple misdemeanor punishable by a fine of five hundred dollars. In addition to any other applicable penalty, the person in violation of this section shall choose between either completing a substance abuse evaluation or the suspension of the persons motor vehicle operating privileges for a period not to exceed one year.   (3) A third or subsequent offense shall be a simple misdemeanor punishable by a fine of five hundred dollars and the suspension of the persons motor vehicle operating privileges for a period not to exceed one year.   b. The court may, in its discretion, order the person who is under legal age to perform community service work under section 909.3A, of an equivalent value to the fine imposed under this section.   c. If the person who commits a violation of this section is under the age of eighteen, the matter shall be disposed of in the manner provided in chapter 232.   5. Except as otherwise provided in subsections 7 and 8, a person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies any alcoholic beverage to a person who is under legal age in violation of this section commits a serious misdemeanor punishable by a minimum fine of five hundred dollars.   6. A person shall not be charged or prosecuted for a violation of subsection 3 or 4 if the person is immune from charge or prosecution pursuant to section 701.12.   7. A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies any alcoholic beverage to a person who is under legal age in violation of this section which results in serious injury to any person commits an aggravated misdemeanor.   8. A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies any alcoholic beverage to a person who is under legal age in violation of this section which results in the death of any person commits a class D felony.   9. Upon the expiration of two years following conviction for a violation of subsection 3 or of a similar local ordinance, a person may petition the court to expunge the conviction, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction shall be expunged as a matter of law. The court shall enter an order that the record of the conviction be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged for a violation of subsection 3, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety. An expunged conviction shall not be considered a prior offense for purposes of enhancement under subsection 4 or under a local ordinance unless the new violation occurred prior to entry of the order of expungement.  [C35, 1921-f43; C39, 1921.043; C46, 50, 54, 58, 62, 123.43; C66, 71, 123.43, 125.33; C73, 75, 77, 79, 81, 123.47]  85 Acts, ch 32, 37; 92 Acts, ch 1231, 8; 94 Acts, ch 1105, 1; 94 Acts, ch 1172, 2; 95 Acts, ch 191, 3; 97 Acts, ch 126, 2; 99 Acts, ch 153, 1; 2005 Acts, ch 105, 1; 2010 Acts, ch 1071, 2; 2010 Acts, ch 1128, 2; 2014 Acts, ch 1096, 1  3; 2014 Acts, ch 1141, 19; 2018 Acts, ch 1060, 28  33; 2020 Acts, ch 1080, 2  Referred to in 123.47B, 135B.34, 135C.33, 137C.25C, 232.2, 232.19, 232.22, 232.52, 321.216B, 321.284, 321.284A, 701.12, 805.8C(7), 805.8C(8), 901C.3 
123.47A Persons age eighteen, nineteen, and twenty  penalty. Repealed by 97 Acts, ch 126, 54. 
123.47B Parental and school notification  persons under eighteen years of age.   1. A peace officer shall make a reasonable effort to identify a person under the age of eighteen discovered consuming or to be in possession of alcoholic liquor, wine, or beer in violation of section 123.47 and refer the person to juvenile court.   2. If a person under the age of eighteen is discovered consuming or to be in possession of alcoholic liquor, wine, or beer, but the person is immune from prosecution under section 701.12, a peace officer shall make a reasonable effort to identify the person and notify a juvenile court officer of such persons consumption or possession.   3. The juvenile court officer shall notify the persons custodial parent, legal guardian, or custodian of the violation. In addition, the juvenile court shall also make a reasonable effort to identify the elementary or secondary school which the person attends if the person is enrolled in elementary or secondary school and to notify the superintendent or the superintendents designee of the school which the person attends, or the authorities in charge of the nonpublic school which the person attends, of the consumption or possession. A reasonable attempt to notify the person includes but is not limited to a telephone call or notice by first-class mail.  90 Acts, ch 1251, 4; 95 Acts, ch 191, 4; 97 Acts, ch 126, 3; 2010 Acts, ch 1128, 3; 2014 Acts, ch 1096, 4; 2020 Acts, ch 1080, 3  Referred to in 232.147 
123.48 Seizure of false or altered drivers license or nonoperators identification card.   1. If a liquor control licensee or wine or beer permittee or an employee of the licensee or permittee has a reasonable belief based on factual evidence that a drivers license as defined in section 321.1, subsection 20A, or nonoperators identification card issued pursuant to section 321.190 offered by a person who wishes to purchase an alcoholic beverage at the licensed premises is altered or falsified or belongs to another person, the licensee, permittee, or employee may retain the drivers license or nonoperators identification card. Within twenty-four hours, the license or card shall be delivered to the appropriate city or county law enforcement agency of the jurisdiction in which the licensed premises is located. When the license or card is delivered to the appropriate law enforcement agency, the licensee shall file a written report of the circumstances under which the license or card was retained. The local law enforcement agency may investigate whether a violation of section 321.216, 321.216A, or 321.216B has occurred. If an investigation is not initiated or a probable cause is not established by the local law enforcement agency, the drivers license or nonoperators identification card shall be delivered to the person to whom it was issued. The local law enforcement agency may forward the license or card with the report to the department of transportation for investigation, in which case, the department may investigate whether a violation of section 321.216, 321.216A, or 321.216B has occurred. The department of transportation shall return the license or card to the person to whom it was issued if an investigation is not initiated or a probable cause is not established.   2. Upon taking possession of a drivers license or nonoperators identification card as provided in subsection 1, a receipt for the license or card with the date and hour of seizure noted shall be provided to the person from whom the license or card was seized.   3. A liquor control licensee or wine or beer permittee or an employee of the licensee or permittee is not subject to criminal prosecution for, or to civil liability for damages alleged to have resulted from, the retention and delivery of a drivers license or a nonoperators identification card which is taken pursuant to subsections 1 and 2. This section shall not be construed to relieve a licensee, permittee, or employee of the licensee or permittee from civil liability for damages resulting from the use of unreasonable force in obtaining the altered or falsified drivers license or nonoperators identification card or the drivers license or nonoperators identification card believed to belong to another person.  94 Acts, ch 1105, 3; 96 Acts, ch 1090, 1; 98 Acts, ch 1073, 9, 12; 2016 Acts, ch 1073, 32 
123.49 Miscellaneous prohibitions.   1. A person shall not sell, dispense, or give to an intoxicated person, or one simulating intoxication, any alcoholic beverage.   a. A person other than a person required to hold a license or permit under this chapter who dispenses or gives an alcoholic beverage in violation of this subsection is not civilly liable to an injured person or the estate of a person for injuries inflicted on that person as a result of intoxication by the consumer of the alcoholic beverage.   b. The general assembly declares that this subsection shall be interpreted so that the holding of Clark v. Mincks, 364 N.W.2d 226 (Iowa 1985) is abrogated in favor of prior judicial interpretation finding the consumption of alcoholic beverages rather than the serving of alcoholic beverages as the proximate cause of injury inflicted upon another by an intoxicated person.   2. A person holding a liquor control license or retail wine or beer permit under this chapter, and the persons agents or employees, shall not do any of the following:   a. Knowingly permit any gambling, except in accordance with chapter 99B, 99D, 99F, or 99G, or knowingly permit solicitation for immoral purposes, or immoral or disorderly conduct on the premises covered by the license or permit.   b. Sell or dispense any alcoholic beverage on the premises covered by the license or permit, or permit its consumption thereon between the hours of 2:00 a.m. and 6:00 a.m. on a weekday, and between the hours of 2:00 a.m. on Sunday and 6:00 a.m. on the following Monday, however, a holder of a liquor control license or retail wine or beer permit granted the privilege of selling alcoholic liquor, wine, or beer on Sunday may sell or dispense alcoholic liquor, wine, or beer between the hours of 6:00 a.m. on Sunday and 2:00 a.m. on the following Monday.   c. Sell alcoholic beverages to any person on credit, except with a bona fide credit card. This provision does not apply to sales by a club to its members, to sales by a hotel or motel to bona fide registered guests, nor to retail sales by the managing entity of a convention center, civic center, or events center.   d. (1) Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the division, and except mixed drinks or cocktails mixed on the premises for immediate consumption on the licensed premises or as otherwise provided by this paragraph d. This prohibition does not apply to holders of a class D liquor control license or to alcoholic liquor delivered in accordance with section 123.46A.   (2) Mixed drinks or cocktails mixed on the premises that are not for immediate consumption may be consumed on the licensed premises subject to the requirements of this subparagraph pursuant to rules adopted by the division. The rules shall provide that the mixed drinks or cocktails be stored, for no longer than seventy-two hours, in a labeled container in a quantity that does not exceed three gallons. The rules shall also provide that added flavors and other nonbeverage ingredients included in the mixed drinks or cocktails shall not include hallucinogenic substances or added caffeine or other added stimulants including but not limited to guarana, ginseng, and taurine. The rules shall also require that the licensee keep records as to when the contents in a particular container were mixed and the recipe used for that mixture. In addition, mixed drinks or cocktails mixed on the premises pursuant to this subparagraph may be sold for consumption off the licensed premises as provided in and subject to the requirements of subparagraph (3).   (3) Mixed drinks or cocktails mixed on premises covered by a class C liquor control license or a class C native distilled spirits liquor control license for consumption off the licensed premises may be sold if the mixed drink or cocktail is immediately filled in a sealed container and is promptly taken from the licensed premises prior to consumption of the mixed drink or cocktail. A mixed drink or cocktail that is sold in a sealed container in compliance with the requirements of this subparagraph and rules adopted by the division shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.   (4) For purposes of this paragraph:   (a) Sealed container means a vessel, including a substantial or sturdy plastic container and a vacuum or heat-sealed pouch, containing a mixed drink or cocktail that is designed to prevent consumption without removal of a tamper-evident lid, cap, or seal. Sealed container does not include a container with a sipping hole or other opening for a straw, unless the hole or other opening includes a tamper-evident seal, but a straw may be separately provided with a sealed container to the consumer for off-premises consumption.   (b) Tamper-evident means a lid, cap, or seal that visibly demonstrates when a container has been opened.   e. Reuse for packaging alcoholic liquor or wine any container or receptacle used originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any substance, the contents or remaining contents of an original package of an alcoholic liquor or wine; or knowingly possess any original package which has been so reused or adulterated.   f. Employ a person under eighteen years of age in the sale or serving of alcoholic beverages for consumption on the premises where sold.   g. Allow any person other than the licensee, permittee, or employees of the licensee or permittee, to use or keep on the licensed premises any alcoholic liquor in any bottle or other container which is designed for the transporting of such beverages, except as permitted in section 123.95. This paragraph does not apply to the lodging quarters of a class B liquor control licensee or wine or beer permittee, or to holders of a class D liquor control license.   h. Sell, give, or otherwise supply any alcoholic beverage to any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, or permit any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, to consume any alcoholic beverage.   i. In the case of a retail wine or beer permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to wine, beer, or any other beverage in or about the permittees place of business.   j. Knowingly permit or engage in any criminal activity on the premises covered by the license or permit. However, the absence of security personnel on the licensed premises is insufficient, without additional evidence, to prove that criminal activity occurring on the licensed premises was knowingly permitted in violation of this paragraph j. For purposes of this paragraph j, premises includes parking lots and areas adjacent to the premises of a liquor control licensee or wine or beer permittee authorized to sell alcoholic beverages for consumption on the licensed premises and used by patrons of the liquor control licensee or wine or beer permittee.   k. Sell, give, possess, or otherwise supply a machine which is used to vaporize an alcoholic beverage for the purpose of being consumed in a vaporized form.   3. A person under legal age shall not misrepresent the persons age for the purpose of purchasing or attempting to purchase any alcoholic beverage from any liquor control licensee or wine or beer permittee. If any person under legal age misrepresents the persons age, and the licensee or permittee establishes that the licensee or permittee made reasonable inquiry to determine whether the prospective purchaser was over legal age, the licensee or permittee is not guilty of selling alcoholic beverages to a person under legal age.   4. No privilege of selling alcoholic beverages on Sunday as provided in section 123.36, subsection 6, and section 123.134, subsection 4, shall be granted to a club or other organization which places restrictions on admission or membership in the club or organization on the basis of sex, race, religion, or national origin. However, the privilege may be granted to a club or organization which places restrictions on membership on the basis of sex, if the club or organization has an auxiliary organization open to persons of the other sex.  [C35, 1921-f46, 1921-f114, 1921-g3; C39, 1921.046, 1921.115, 1921.116; C46, 50, 54, 58, 62, 66, 71, 123.46, 124.20, 124.21; C73, 75, 77, 79, 81, 123.49]  84 Acts, ch 1275, 3; 85 Acts, ch 32, 38  42; 86 Acts, ch 1002, 5; 86 Acts, ch 1211, 11; 89 Acts, ch 67, 26; 90 Acts, ch 1175, 8; 91 Acts, ch 245, 2, 3; 94 Acts, ch 1172, 4; 97 Acts, ch 126, 4; 2003 Acts, ch 178, 108, 121; 2003 Acts, ch 179, 142; 2004 Acts, ch 1155, 1; 2006 Acts, ch 1033, 1; 2010 Acts, ch 1128, 4; 2012 Acts, ch 1138, 22; 2017 Acts, ch 119, 10, 11; 2018 Acts, ch 1060, 34  36; 2019 Acts, ch 113, 30, 31, 67, 68; 2020 Acts, ch 1114, 13, 16; 2021 Acts, ch 155, 6  8  Referred to in 123.3, 123.30, 123.36, 123.39, 123.46A, 123.50, 123.50A, 123.92, 123.134, 123.150, 602.6405, 805.8C(2)  Civil liability for dispensing or sale and service to intoxicated persons; see 123.92  For scheduled fines applicable to violations of subsection 2, paragraph h, see 805.8C(2)  Subsection 2, paragraph b amended  Subsection 2, paragraph d, subparagraphs (2) and (3) amended  Subsection 2, paragraph d, NEW subparagraph (4) 
123.5 Alcoholic beverages commission created  appointment  removal  vacancies.   1. An alcoholic beverages commission is created within the division. The commission is composed of five members, not more than three of whom shall belong to the same political party.   2. Members shall be appointed by the governor, subject to confirmation by the senate. Appointments shall be for five-year staggered terms beginning and ending as provided by section 69.19. A member may be reappointed for one additional term.   3. Members of the commission shall be chosen on the basis of managerial ability and experience as business executives. Not more than two members of the commission may be the holder of or have an interest in a permit or license to manufacture alcoholic liquor, wine, or beer or to sell alcoholic liquor, wine, or beer at wholesale or retail.   4. Any commission member shall be subject to removal for any of the causes and in the manner provided by chapter 66 relating to removal from office. Removal shall not be in lieu of any other punishment that may be prescribed by the laws of this state.   5. Any vacancy on the commission shall be filled in the same manner as regular appointments are made for the unexpired portion of the regular term.  [C35, 1921-f6; C39, 1921.006; C46, 50, 54, 58, 62, 66, 71, 123.6; C73, 75, 77, 79, 81, 123.5]  86 Acts, ch 1245, 732; 2015 Acts, ch 30, 39  Referred to in 123.13 
123.50 Criminal and civil penalties.   1. Any person who violates any of the provisions of section 123.49, except section 123.49, subsection 2, paragraph h, or who fails to affix upon sale, defaces, or fails to record a keg identification sticker or produce a record of keg identification stickers pursuant to section 123.138, shall be guilty of a simple misdemeanor. A person who violates section 123.49, subsection 2, paragraph h, commits a simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 2.   2. The conviction of any liquor control licensee or wine or beer permittee for a violation of any of the provisions of section 123.49, subject to subsection 3 of this section, is grounds for the suspension or revocation of the license or permit by the division or the local authority. However, if any liquor control licensee is convicted of any violation of section 123.49, subsection 2, paragraph a, d, or e, or any wine or beer permittee is convicted of a violation of section 123.49, subsection 2, paragraph a or e, the liquor control license or wine or beer permit shall be revoked and shall immediately be surrendered by the holder, and the bond, if any, of the license or permit holder shall be forfeited to the division. However, the division shall retain only that portion of the bond equal to the amount the division determines the license or permit holder owes the division.   3. If any liquor control licensee, wine or beer permittee, or employee of a licensee or permittee is convicted or found in violation of section 123.49, subsection 2, paragraph h, the administrator or local authority shall, in addition to criminal penalties fixed for violations by this section, assess a civil penalty as follows:   a. A first violation shall subject the licensee or permittee to a civil penalty in the amount of five hundred dollars. Failure to pay the civil penalty as ordered under section 123.39 shall result in automatic suspension of the license or permit for a period of fourteen days.   b. A second violation within two years shall subject the licensee or permittee to a thirty-day suspension and a civil penalty in the amount of one thousand five hundred dollars.   c. A third violation within three years shall subject the licensee or permittee to a sixty-day suspension and a civil penalty in the amount of one thousand five hundred dollars.   d. A fourth violation within three years shall result in revocation of the license or permit.   e. For purposes of this subsection:   (1) The date of any violation shall be used in determining the period between violations.   (2) Suspension shall be limited to the specific license or permit for the premises found in violation.   (3) Notwithstanding section 123.40, revocation shall be limited to the specific license or permit found in violation and shall not disqualify a licensee or permittee from holding a license or permit at a separate location.   4. In addition to any other penalties imposed under this chapter, the division shall assess a civil penalty up to the amount of five thousand dollars upon a class E liquor control licensee when the class E liquor license is revoked for a violation of section 123.59. Failure to pay the civil penalty as required under this subsection shall result in forfeiture of the bond to the division. However, the division shall retain only that portion of the bond equal to the amount the division determines the license or permit holder owes the division.   5. If an employee of a liquor control licensee or wine or beer permittee violates section 123.49, subsection 2, paragraph h, the licensee or permittee shall not be assessed a penalty under subsection 3, and the violation shall be deemed not to be a violation of section 123.49, subsection 2, paragraph h, for the purpose of determining the number of violations for which a penalty may be assessed pursuant to subsection 3, if the employee holds a valid certificate of completion of the alcohol compliance employee training program pursuant to section 123.50A at the time of the violation, and if the violation involves selling, giving, or otherwise supplying any alcoholic beverage to a person between the ages of eighteen and twenty years of age. A violation involving a person under the age of eighteen years of age shall not qualify for the bar against assessment of a penalty pursuant to subsection 3, for a violation of section 123.49, subsection 2, paragraph h. A licensee or permittee may assert only once in a four-year period the bar under this subsection against assessment of a penalty pursuant to subsection 3, for a violation of section 123.49, subsection 2, paragraph h, that takes place at the same place of business location.  [C35, 1921-f46, 1921-f127; C39, 1921.046, 1921.132; C46, 50, 54, 58, 62, 66, 71, 123.46, 124.37; C73, 75, 77, 79, 81, 123.50]  84 Acts, ch 1275, 4; 84 Acts, ch 1292, 1; 85 Acts, ch 32, 43; 86 Acts, ch 1246, 745; 88 Acts, ch 1088, 6; 88 Acts, ch 1241, 14; 89 Acts, ch 252, 2; 93 Acts, ch 91, 18; 94 Acts, ch 1172, 5; 97 Acts, ch 126, 5, 6; 98 Acts, ch 1204, 1, 2; 2001 Acts, ch 137, 5; 2004 Acts, ch 1008, 1; 2007 Acts, ch 46, 1; 2011 Acts, ch 30, 6; 2013 Acts, ch 30, 23; 2014 Acts, ch 1026, 27; 2018 Acts, ch 1060, 37  39; 2019 Acts, ch 113, 32  Referred to in 99B.3, 99B.55, 123.39, 123.141  License or permit suspension upon revocation of gambling license or amusement device registration; 99B.3 and 99B.55 
123.50A Alcohol compliance employee training program.   1. If sufficient funding is appropriated, the division shall develop an alcohol compliance employee training program, not to exceed two hours in length for employees and prospective employees of licensees and permittees, to inform the employees about state laws and regulations regarding the sale of alcoholic beverages to persons under legal age, and compliance with and the importance of laws regarding the sale of alcoholic beverages to persons under legal age. In developing the alcohol compliance employee training program, the division may consult with stakeholders who have expertise in the laws and regulations regarding the sale of alcoholic beverages to persons under legal age.   2. The alcohol compliance employee training program shall be made available to employees and prospective employees of licensees and permittees at no cost to the employee, the prospective employee, or the licensee or permittee, and in a manner which is as convenient and accessible to the extent practicable throughout the state so as to encourage attendance. Contingent upon the availability of specified funds for provision of the program, the division shall schedule the program on at least a monthly basis and the program shall be available at a location in at least a majority of counties.   3. Upon completion of the alcohol compliance employee training program, an employee or prospective employee shall receive a certificate of completion, which shall be valid for a period of two years, unless the employee or prospective employee is convicted of a violation of section 123.49, subsection 2, paragraph h, in which case the certificate shall be void.   4. The division shall also offer periodic continuing employee training and recertification for employees who have completed initial training and received an initial certificate of completion as part of the alcohol compliance employee training program.  2011 Acts, ch 30, 7; 2018 Acts, ch 1060, 40  Referred to in 123.50 
123.51 Advertisements for alcoholic liquor, wine, or beer.   1. No signs or other matter advertising any brand of alcoholic liquor, beer, or wine shall be erected or placed upon the outside of any premises occupied by a licensee or permittee authorized to sell alcoholic liquor, beer, or wine at retail. However, signs or other advertising matter may be erected or placed inside the premises, inside a fence or similar enclosure which wholly or partially surrounds the premises, or inside a window facing outward from the premises.   2. Violation of this section is a simple misdemeanor.  [C35, 1921-f47; C39, 1921.047; C46, 50, 54, 58, 62, 66, 71, 123.47; C73, 75, 77, 79, 81, 123.51]  85 Acts, ch 32, 44; 86 Acts, ch 1246, 746; 87 Acts, ch 22, 9; 2017 Acts, ch 119, 12 
123.52 Prohibited sale.   No person not expressly authorized by this chapter to deal in alcoholic liquors shall within the state keep for sale or offer for sale anything which is capable of being mistaken for a package containing alcoholic liquor and is either labeled or branded with the name of any kind of alcoholic liquor, whether the same contains any alcoholic liquor or not.  [C35, 1921-f48; C39, 1921.048; C46, 50, 54, 58, 62, 66, 71, 123.48; C73, 75, 77, 79, 81, 123.52] 
123.53 Beer and liquor control fund  allocations to substance abuse  use of civil penalties. Transferred to 123.17;  2015 Acts, ch 30, 204  . 
123.54 Appropriations. Transferred to 123.18;  2015 Acts, ch 30, 204  . 
123.55 Annual report. Transferred to 123.16;  2015 Acts, ch 30, 204  . 
123.56 Native wines. Transferred to 123.176;  2019 Acts, ch 113, 62  . 
123.57 Examination of accounts.   The financial condition and transactions of all offices, departments, warehouses, and depots of the division shall be examined at least once each year by the state auditor and at shorter periods if requested by the administrator, governor, commission, or the general assemblys standing committees on government oversight.  [C35, 1921-f57; C39, 1921.057; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 123.57]  86 Acts, ch 1246, 749; 2011 Acts, ch 30, 9 
123.58 Auditing.   All provisions of sections 11.6, 11.11, 11.14, 11.21, 11.31, and 11.41, relating to auditing of financial records of governmental subdivisions which are not inconsistent with this chapter are applicable to the division and its offices, warehouses, and depots.  [C35, 1921-f58; C39, 1921.058; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 123.58]  86 Acts, ch 1246, 750; 89 Acts, ch 264, 4; 2011 Acts, ch 75, 34 
123.59 Bootlegging  penalties.   1. Any person who, acting individually, or through another acting for the person, keeps or carries on the person, or in a vehicle, or leaves in a place for another to secure, any alcoholic liquor, wine, or beer, with intent to sell or dispense the liquor, wine, or beer, in violation of law, or who, within this state, in any manner, directly or indirectly, solicits, takes, or accepts an order for the purchase, sale, shipment, or delivery of alcoholic liquor, wine, or beer in violation of law, or aids in the delivery and distribution of alcoholic liquor, wine, or beer so ordered or shipped, or who in any manner procures for, sells, or gives alcoholic liquor, wine, or beer to a person under legal age, for any purpose except as authorized and permitted in this chapter, is a bootlegger.   2. A person who violates any of the provisions of this section commits the following:   a. For a first offense, a simple misdemeanor.   b. For a second or subsequent offense, a serious misdemeanor.  [C51, 924  928; R60, 1559, 1562, 1563, 1583, 1587; C73, 1523, 1540  1542, 1555; C97, 2382; SS15, 2382, 2461-a; C24, 27, 31, 1927; C35, 1921-f59, 1927; C39, 1921.059, 1927; C46, 50, 54, 58, 62, 66, 71, 123.59, 125.7; C73, 75, 77, 79, 81, 123.59]  85 Acts, ch 32, 50; 85 Acts, ch 67, 16; 2018 Acts, ch 1096, 3, 6  Referred to in 123.50, 123.70 
123.6 Commission meetings.   The commission shall meet on or before July 1 of each year for the purpose of selecting one of its members as chairperson for the succeeding year. The commission shall otherwise meet quarterly or at the call of the chairperson or administrator or when three members file a written request for a meeting. Written notice of the time and place of each meeting shall be given to each member of the commission. A majority of the commission members shall constitute a quorum.  [C35, 1921-f10; C39, 1921.010; C46, 50, 54, 58, 62, 66, 71, 123.10; C73, 75, 77, 79, 81, 123.9]  2011 Acts, ch 17, 5; 2015 Acts, ch 30, 204  C2016, 123.6  Former 123.6 repealed by  2015 Acts, ch 30, 198 
123.60 Nuisances.   The premises where the unlawful manufacture or sale, or keeping with intent to sell, use or give away, of alcoholic liquors, wine, or beer is carried on, and any vehicle or other means of conveyance used in transporting liquor, wine, or beer in violation of law, and the furniture, fixtures, vessels and contents, kept or used in connection with such activities are nuisances and shall be abated as provided in this chapter.  [C51, 935; R60, 1564; C73, 1543; C97, 2384; C24, 27, 31, 1929; C35, 1921-f60, 1929; C39, 1921.060, 1929; C46, 50, 54, 58, 62, 66, 71, 123.60, 125.9; C73, 75, 77, 79, 81, 123.60]  85 Acts, ch 32, 51  Referred to in 123.61, 123.88  Nuisances in general, chapter 657 
123.61 Penalty.   Any person who erects, establishes, or uses any premises for any of the purposes prohibited in section 123.60, is guilty of nuisance and shall be subject to the general penalties provided by this chapter.  [C51, 935; R60, 1564; C73, 1543; C97, 2384; C24, 27, 31, 1930; C35, 1921-f61, 1930; C39, 1921.061, 1930; C46, 50, 54, 58, 62, 66, 71, 123.61, 125.10; C73, 75, 77, 79, 81, 123.61] 
123.62 Injunction.   Actions to enjoin nuisances shall be brought in equity in the name of the state by the county attorney who shall prosecute the same to judgment.  [R60, 1564; C73, 1543; C97, 2405, 2406; S13, 2406; SS15, 2405; C24, 27, 31, 2017; C35, 1921-f62, 2017; C39, 1921.062, 2017; C46, 50, 54, 58, 62, 66, 71, 123.62, 128.1; C73, 75, 77, 79, 81, 123.62]  Referred to in 331.756(24) 
123.63 Temporary writ.   In an action to enjoin a nuisance, the court shall, upon the presentation of a petition, allow a temporary writ of injunction without bond, if the petitioner provides evidence to the satisfaction of the court, in the form of affidavits, depositions, oral testimony, or otherwise, that the nuisance complained of exists.  [R60, 1564; C73, 1543; C97, 2405; SS15, 2405; C24, 27, 31, 2018; C35, 1921-f63, 2018; C39, 1921.063, 2018; C46, 50, 54, 58, 62, 66, 71, 123.63, 128.2; C73, 75, 77, 79, 81, 123.63]  2021 Acts, ch 80, 58  Section amended 
123.64 Notice.   Three days notice in writing shall be given the defendant of the hearing of the application, and if then continued at the defendants instance the writ as petitioned for shall be granted as a matter of course.  [C97, 2405; SS15, 2405; C24, 27, 31, 2019; C35, 1921-f64, 2019; C39, 1921.064, 2019; C46, 50, 54, 58, 62, 66, 71, 123.64, 128.3; C73, 75, 77, 79, 81, 123.64]  90 Acts, ch 1168, 26 
123.65 Scope of injunction.   When an injunction has been granted, it shall be binding upon the defendant throughout the state and any violation of the provisions of this chapter anywhere within the state shall be punished as a contempt as provided in section 123.68.  [C97, 2405; SS15, 2405; C24, 27, 31, 2020; C35, 1921-f65, 2020; C39, 1921.065, 2020; C46, 50, 54, 58, 62, 66, 71, 123.65, 128.4; C73, 75, 77, 79, 81, 123.65]  2021 Acts, ch 80, 59  Section amended 
123.66 Trial of action.   Any action brought to enjoin a nuisance or to establish a violation of the injunction shall be accorded priority over other business pending before the district court.  [C97, 2406; S13, 2406; C24, 27, 31, 2021; C35, 1921-f66, 2021; C39, 1921.066, 2021; C46, 50, 54, 58, 62, 66, 71, 123.66, 128.5; C73, 75, 77, 79, 81, 123.66]  2021 Acts, ch 80, 60  Section amended 
123.67 General reputation.   In all actions to enjoin a nuisance or to establish a violation of the injunction, evidence of the general reputation of the premises described in the petition or information shall be admissible for the purpose of proving the existence of the nuisance or the violation of the injunction.  [C97, 2406; S13, 2406; C24, 27, 31, 2022; C35, 1921-f67, 2022; C39, 1921.067, 2022; C46, 50, 54, 58, 62, 66, 71, 123.67, 128.6; C73, 75, 77, 79, 81, 123.67] 
123.68 Contempt.   In the case of a violation of any injunction granted under the provisions of this chapter, the court may summarily try and punish the defendant pursuant to the general penalties provided by this chapter. The proceedings shall be commenced by filing with the clerk of the court an information under oath setting out the alleged facts constituting such violation, upon which the court shall cause a warrant to issue under which the defendant shall be arrested.  [C97, 2407; SS15, 2407; C24, 27, 31, 2027; C35, 1921-f68, 2027; C39, 1921.068, 2027; C46, 50, 54, 58, 62, 66, 71, 123.68, 128.13; C73, 75, 77, 79, 81, 123.68]  Referred to in 123.65 
123.69 Trial of contempt action.   The trial shall be as in equity and may be had upon depositions, or either party may demand the production and oral examination of the witnesses.  [C97, SS15, 2407; C24, 27, 31, 2028; C35, 1921-f69, 2028; C39, 1921.069, 2028; C46, 50, 54, 58, 62, 66, 71, 123.69, 128.14; C73, 75, 77, 79, 81, 123.69] 
123.7 Administrator appointed  duties.   1. The governor shall appoint the administrator of the alcoholic beverages division, subject to confirmation by the senate, to a four-year term. A vacancy in an unexpired term shall be filled in the same manner as a full-term appointment is made. The administrator shall not be a member of the commission. The administrators salary shall be fixed by the general assembly. The administrator shall be qualified to perform the administrators duties by managerial ability and experience as a business executive.   2. The administrator shall devote full time to the discharge of the administrators duties. The administrator shall not hold any other elective or appointive office under the laws of this state, the United States, or any other state or territory. The administrator shall not accept or solicit, directly or indirectly, contributions or anything of value in behalf of the administrator, any political party, or any person seeking an elective or appointive office nor use the administrators official position to advance the candidacy of anyone seeking an elective or appointive office. The administrator, the administrators spouse, and immediate family shall not have any interest in any distillery, winery, brewery, importer, permittee or licensee or any business which is subject to license or regulation pursuant to this chapter.  [C73, 75, 77, 79, 81, 123.10]  86 Acts, ch 1245, 735; 2013 Acts, ch 35, 20; 2015 Acts, ch 30, 204  C2016, 123.7  Referred to in 546.9  Confirmation, see 2.32  Former 123.7 repealed by  2015 Acts, ch 30, 198 
123.70 Injunction against bootlegger.   A bootlegger as defined in section 123.59 may be restrained by injunction from doing or continuing to do any of the acts prohibited herein, and all the proceedings for injunctions, temporary and permanent, and for punishments for violation of the same as prescribed herein, shall be applicable to such person, and the fact that an offender has no known or permanent place of business, or base of supplies, or quits the business after the commencement of an action, shall not prevent a temporary or permanent injunction, as the case may be, from issuing.  [S13, 2461-b; C24, 27, 31, 2031; C35, 1921-f71, 2031; C39, 1921.071, 2031; C46, 50, 54, 58, 62, 66, 71, 123.71, 128.17; C73, 75, 77, 79, 81, 123.70]  2015 Acts, ch 30, 43 
123.71 Conditions on injunction proceeding.   A bootlegger injunction proceeding, as provided in this chapter, shall not be maintained unless it is shown to the court that efforts in good faith have been made to discover the base of supplies or place where the defendant charged as a bootlegger conducts an unlawful business or receives or manufactures the alcoholic liquor, wine, or beer, which the defendant is charged with bootlegging.  [C27, 31, 2031-a1; C35, 1921-f72, 2031-a1; C39, 1921.072, 2031.1; C46, 50, 54, 58, 62, 66, 71, 123.72, 128.18; C73, 75, 77, 79, 81, 123.71]  85 Acts, ch 32, 52 
123.72 Order of abatement of nuisance.   If the existence of a nuisance is established in a civil or criminal action, an order of abatement shall be entered as a part of the judgment in the case. The order shall direct the confiscation of all alcoholic liquor, wine, or beer by the state; the removal from the premises involved of all fixtures, furniture, vessels, or movable property used in any way in conducting the unlawful business; the sale of all removed property as well as any vehicle or other means of conveyance which has been abated, the sale to be conducted in the manner provided for the sale of chattels under execution; and the effective closing of the premises against use for the purpose of manufacture, sale, or consumption of alcoholic liquor, wine, or beer for a period of one year, unless sooner released by the court.  [C51, 935; R60, 1559; C73, 1523, 1543; C97, 2408; C24, 27, 31, 2032; C35, 1921-f73, 2032; C39, 1921.073, 2032; C46, 50, 54, 58, 62, 66, 71, 123.73, 128.19; C73, 75, 77, 79, 81, 123.72]  85 Acts, ch 32, 53 
123.73 Use of abated premises.   If any person uses a premises closed pursuant to an abatement order in violation of such order the person shall be punished for contempt as provided in this chapter.  [C97, 2408; C24, 27, 31, 2033; C35, 1921-f74, 2033; C39, 1921.074, 2033; C46, 50, 54, 58, 62, 66, 71, 123.74, 128.20; C73, 75, 77, 79, 81, 123.73] 
123.74 Fees.   For removing and selling the movable property, the officer shall be entitled to charge and receive the same fees as the officer would for levying upon and selling like property on execution; and for closing the premises and keeping them closed a reasonable sum shall be allowed by the court.  [C97, 2408; C24, 27, 31, 2034; C35, 1921-f75, 2034; C39, 1921.075, 2034; C46, 50, 54, 58, 62, 66, 71, 123.75, 128.21; C73, 75, 77, 79, 81, 123.74] 
123.75 Proceeds of sale.   The proceeds of the sale of personal property in abatement proceedings shall be applied first in payment of the costs of the action and abatement, and second to the satisfaction of any fine and costs adjudged against the proprietor of the premises and keeper of said nuisance, and the balance, if any, shall be paid to the defendant.  [C97, 2409; C24, 27, 31, 2035; C35, 1921-f76, 2035; C39, 1921.076, 2035; C46, 50, 54, 58, 62, 66, 71, 123.76, 128.22; C73, 75, 77, 79, 81, 123.75] 
123.76 Abatement of nuisance.   If the owner of the abated premises appears and pays all costs of the proceeding and files a bond with sureties to be approved by the clerk in the full value of the property, to be ascertained by the court, conditioned that the owner will immediately abate the nuisance and prevent the same from being established or kept on such premises within a period of one year thereafter, the court may order such premises to be delivered to the owner and cancel the order of abatement so far as it may relate to the property.  [C97, 2410; S13, 2410; C24, 27, 31, 2036; C35, 1921-f77, 2036; C39, 1921.077, 2036; C46, 50, 54, 58, 62, 66, 71, 123.77, 128.23; C73, 75, 77, 79, 81, 123.76]  Referred to in 123.78, 602.8102(30) 
123.77 Abatement before judgment.   If the action is in equity and the owner of the premises pays the costs of the action and files the bond prior to the entry of judgment and the abatement order, such action shall be abated as to the premises only.  [C97, 2410; S13, 2410; C24, 27, 31, 2037; C35, 1921-f78, 2037; C39, 1921.078, 2037; C46, 50, 54, 58, 62, 66, 71, 123.78, 128.24; C73, 75, 77, 79, 81, 123.77]  Referred to in 123.78 
123.78 Existing liens.   The release of the property under the provisions of either section 123.76 or 123.77 shall not release it from any judgment lien, penalty, or liability, to which it may be subject by law.  [C97, 2410; S13, 2410; C24, 27, 31, 2038; C35, 1921-f79, 2038; C39, 1921.079, 2038; C46, 50, 54, 58, 62, 66, 71, 123.79, 128.25; C73, 75, 77, 79, 81, 123.78] 
123.79 Abatement bond a lien.   Undertakings of bonds for abatement shall immediately after filing by the clerk of the district court be docketed and entered upon the lien index as required for judgments in civil cases, and from the time of such entries shall be liens upon real estate of the persons executing the same, with like effect as judgments in civil actions.  [C24, 27, 31, 2039; C35, 1921-f80, 2039; C39, 1921.080, 2039; C46, 50, 54, 58, 62, 66, 71, 123.80, 128.26; C73, 75, 77, 79, 81, 123.79]  Referred to in 123.84, 602.8102(30) 
123.8 Duties of commission and administrator.   1. The commission, in addition to the duties specifically enumerated in this chapter, shall act as a division policy-making body and serve in an advisory capacity to the administrator. The administrator shall supervise the daily operations of the division and shall execute the policies of the division as determined by the commission.   2. The commission may review and affirm, reverse, or amend all actions of the administrator, including but not limited to the following instances:   a. Purchases of alcoholic liquor for resale by the division.   b. The establishment of wholesale prices of alcoholic liquor.  [C73, 75, 77, 79, 81, 123.16]  85 Acts, ch 32, 13; 86 Acts, ch 1122, 5; 86 Acts, ch 1245, 737; 86 Acts, ch 1246, 726, 727; 93 Acts, ch 91, 2; 2015 Acts, ch 30, 204  C2016, 123.8  Former 123.8 repealed by  2013 Acts, ch 35, 23 
123.80 Attested copies filed.   Attested copies of such undertakings may be filed in the office of the clerk of the district court of the county in which the real estate is situated in the same manner and with like effect as attested copies of judgments, and shall be immediately docketed and indexed in the same manner.  [C24, 27, 31, 2040; C35, 1921-f81, 2040; C39, 1921.081, 2040; C46, 50, 54, 58, 62, 66, 71, 123.81, 128.27; C73, 75, 77, 79, 81, 123.80]  Referred to in 602.8102(30) 
123.81 Forfeiture of bond.   If the owner of a property who has filed an abatement bond as provided in this chapter fails to abate the alcoholic liquor, wine, or beer nuisance on the premises covered by the bond, or fails to prevent the maintenance of any alcoholic liquor, wine, or beer nuisance on the premises at any time within a period of one year after entry of the abatement order, the court shall, after a hearing in which such fact is established, direct an entry of the violation of the terms of the owners bond to be made on the record and the undertaking of the owners bond shall be forfeited.  [C24, 27, 31, 2041; C35, 1921-f82, 2041; C39, 1921.082, 2041; C46, 50, 54, 58, 62, 66, 71, 123.82, 128.28; C73, 75, 77, 79, 81, 123.81]  85 Acts, ch 32, 54; 2018 Acts, ch 1060, 42 
123.82 Procedure.   A proceeding to forfeit an abatement bond shall be commenced by filing with the clerk of the court, by the county attorney of the county where the bond is filed, an application under oath to forfeit such bond, setting out the alleged facts constituting the violation of the terms of the bond, upon which the court shall direct by order attached to such application that a notice be issued by the clerk of the district court directed to the principal and sureties on the bond to appear at a certain date fixed to show cause why such bond should not be forfeited and judgment entered for the penalty fixed therein.  [C24, 27, 31, 2042; C35, 1921-f83, 2042; C39, 1921.083, 2042; C46, 50, 54, 58, 62, 66, 71, 123.83, 128.29; C73, 75, 77, 79, 81, 123.82]  Referred to in 123.83, 123.84 
123.83 Method of trial.   The trial of an action filed pursuant to section 123.82 shall be to the court and as in equity, and be governed by the same rules of evidence as contempt proceedings.  [C24, 27, 31, 2043; C35, 1921-f84, 2043; C39, 1921.084, 2043; C46, 50, 54, 58, 62, 66, 71, 123.84, 128.30; C73, 75, 77, 79, 81, 123.83]  2015 Acts, ch 30, 44 
123.84 Judgment.   If the court after a hearing in an action filed pursuant to section 123.82 finds an alcoholic liquor, wine, or beer nuisance has been maintained on the premises covered by the abatement bond and that alcoholic liquor, wine, or beer has been sold or kept for sale on the premises contrary to law within one year from the date of the giving of the bond, then the court shall order the forfeiture of the bond and enter judgment for the full amount of the bond against the principal and sureties on the bond. The lien on the real estate created pursuant to section 123.79 shall be decreed foreclosed and the court shall provide for a special and general execution for the enforcement of the decree and judgment.  [C24, 27, 31, 2044; C35, 1921-f85, 2044; C39, 1921.085, 2044; C46, 50, 54, 58, 62, 66, 71, 123.85, 128.31; C73, 75, 77, 79, 81, 123.84]  85 Acts, ch 32, 55; 2015 Acts, ch 30, 45; 2018 Acts, ch 1060, 43  Referred to in 123.85 
123.85 Appeal.   Appeal from a judgment and decree entered pursuant to section 123.84 may be taken as in equity cases and the cause be triable de novo except that if the state appeals it need not file an appeal or supersedeas bond.  [C24, 27, 31, 2045; C35, 1921-f86, 2045; C39, 1921.086, 2045; C46, 50, 54, 58, 62, 66, 71, 123.86, 128.32; C73, 75, 77, 79, 81, 123.85]  2015 Acts, ch 30, 46 
123.86 County attorney to prosecute.   It shall be the duty of the county attorney to prosecute in the name of the state all forfeitures of abatement bonds and the foreclosures of same.  [C24, 27, 31, 2047; C35, 1921-f87, 2047; C39, 1921.087, 2047; C46, 50, 54, 58, 62, 66, 71, 123.87, 128.34; C73, 75, 77, 79, 81, 123.86]  Referred to in 331.756(24) 
123.87 Prompt service.   It shall be a simple misdemeanor for any peace officer to delay service of original notices, writs of injunction, writs of abatement, or warrants for contempt in any equity case filed for injunction or abatement by the state.  [C24, 27, 31, 2049; C35, 1921-f88, 2049; C39, 1921.088, 2049; C46, 50, 54, 58, 62, 66, 71, 123.88, 128.36; C73, 75, 77, 79, 81, 123.87] 
123.88 Evidence.   On the issue whether a party knew or ought to have known of a nuisance described under section 123.60, evidence of the general reputation of the place shall be admissible.  [C24, 27, 31, 2053; C35, 1921-f89, 2053; C39, 1921.089, 2053; C46, 50, 54, 58, 62, 66, 71, 123.89, 128.40; C73, 75, 77, 79, 81, 123.88]  2015 Acts, ch 30, 47 
123.89 Counts.   Informations or indictments under this chapter may allege any number of violations of its provisions by the same party, but the several charges must be set out in separate counts, and the accused may be convicted and punished upon each one as on separate informations or indictments, and a separate judgment shall be rendered on each count under which there is a finding of guilty.  [C51, 931; R60, 1562; C73, 1540; C97, 2425; C24, 27, 31, 1953; C35, 1921-f90, 1953; C39, 1921.090, 1953; C46, 50, 54, 58, 62, 66, 71, 123.90, 126.8; C73, 75, 77, 79, 81, 123.89] 
123.9 Powers of administrator.   The administrator, in executing divisional functions, shall have the following duties and powers:   1. To receive alcoholic liquors on a bailment system for resale by the division in the manner set forth in this chapter.   2. To rent, lease, or equip any building or any land necessary to carry out the provisions of this chapter.   3. To lease all plants and lease or buy equipment necessary to carry out the provisions of this chapter.   4. To appoint clerks, agents, or other employees required for carrying out the provisions of this chapter; to dismiss employees for cause; to assign employees to bureaus as created by the administrator within the division; and to designate their title, duties, and powers. All employees of the division are subject to chapter 8A, subchapter IV, unless exempt under section 8A.412.   5. To grant and issue beer permits, wine permits, liquor control licenses, and other licenses; and to suspend or revoke all such permits and licenses for cause under this chapter.   6. To license, inspect, and control the manufacture of alcoholic beverages and regulate the entire alcoholic beverage industry in the state.   7. To accept alcoholic liquors ordered delivered to the alcoholic beverages division pursuant to chapter 809A, and offer for sale and deliver the alcoholic liquors to class E liquor control licensees, unless the administrator determines that the alcoholic liquors may be adulterated or contaminated. If the administrator determines that the alcoholic liquors may be adulterated or contaminated, the administrator shall order their destruction.  [C35, 1921-f16; C39, 1921.016; C46, 50, 54, 58, 62, 66, 71, 123.16; C73, 75, 77, 79, 81, 123.20]  83 Acts, ch 157, 1; 85 Acts, ch 90, 2; 86 Acts, ch 1122, 6; 86 Acts, ch 1245, 738; 86 Acts, ch 1246, 728  730; 87 Acts, ch 115, 20; 88 Acts, ch 1241, 3; 96 Acts, ch 1133, 40; 2003 Acts, ch 145, 185; 2015 Acts, ch 30, 204  C2016, 123.9  2016 Acts, ch 1008, 1; 2016 Acts, ch 1073, 31; 2018 Acts, ch 1060, 5  Referred to in 123.38A  Former 123.9 transferred to 123.6;  2015 Acts, ch 30, 204 
123.90 Penalties generally.   Unless other penalties are provided in this chapter, any person, except a person under legal age, who violates any of the provisions of this chapter, or who makes a false statement concerning any material fact in submitting an application for a permit or license, shall be guilty of a serious misdemeanor. Any person under legal age who violates any of the provisions of this chapter shall upon conviction be guilty of a simple misdemeanor.  [C35, 1921-f91, 1921-f127; C39, 1921.091, 1921.132; C46, 50, 54, 58, 62, 66, 71, 123.91, 124.37; C73, 75, 77, 79, 81, 123.90]  2020 Acts, ch 1063, 56 
123.91 Second and subsequent conviction.   Unless otherwise provided by law, a person who has been convicted in a criminal action in any court of record of a violation of a provision of this chapter, except for a violation of section 123.46, or a provision of the laws of the United States or of any other state relating to alcoholic liquors, wine, or beer, and who is thereafter convicted of a subsequent criminal offense against any provision of this chapter is guilty of the following offenses:   1. For the second conviction, a serious misdemeanor.   2. For the third and each subsequent conviction, an aggravated misdemeanor.  [R60, 1561, 1563, 1577; C73, 1525, 1538, 1540, 1542, 1559; SS15, 2461-m; C24, 27, 31, 35, 39, 1964; C46, 50, 54, 58, 62, 66, 71, 126.19; C73, 75, 77, 79, 81, 123.91]  85 Acts, ch 32, 56; 2018 Acts, ch 1060, 44; 2019 Acts, ch 59, 44; 2019 Acts, ch 140, 42 
123.92 Civil liability for dispensing or sale and service of any alcoholic beverage (Dramshop Act)  liability insurance  underage persons.   1. a. Subject to the limitation amount specified in paragraph c, if applicable, any third party who is not the intoxicated person who caused the injury at issue and who is injured in person or property or means of support by an intoxicated person or resulting from the intoxication of a person, has a right of action for damages actually sustained, severally or jointly against any licensee or permittee, whether or not the license or permit was issued by the division or by the licensing authority of any other state, who sold and served any alcoholic beverage directly to the intoxicated person, provided that the person was visibly intoxicated at the time of the sale or service.   b. If the injury was proximately caused by an intoxicated person, a permittee or licensee may establish as an affirmative defense that the intoxication did not contribute to the injurious action of the person.   c. The total amount recoverable by each plaintiff in any civil action for noneconomic damages for personal injury, whether in tort, contract, or otherwise, against a licensee or permittee, shall be limited to two hundred fifty thousand dollars for any injury or death of a person, unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or death, which warrants a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained.   2. a. Every liquor control licensee, class B beer permittee, and class C native wine permittee, except a class E liquor control licensee, shall furnish proof of financial responsibility by the existence of a liability insurance policy in an amount determined by the division. If an insurer provides dramshop liability insurance at a new location to a licensee or permittee who has a positive loss experience at other locations for which such insurance is provided by the insurer, and the insurer bases premium rates at the new location on the negative loss history of the previous licensee or permittee at that location, the insurer shall examine and consider adjusting the premium for the new location not less than thirty months after the insurance is issued, based on the loss experience of the licensee or permittee at that location during that thirty-month period of time.   b. A dramshop liability insurance policy may be written on an aggregate limit basis.   c. The purpose of dramshop liability insurance is to provide protection for members of the public who experience damages as a result of licensees or permittees serving patrons any alcoholic beverage to a point that reaches or exceeds the standard set forth in law for liability. Minimum coverage requirements for such insurance are not for the purpose of making the insurance affordable for all licensees or permittees regardless of claims experience. A dramshop liability insurance policy obtained by a licensee or permittee shall meet the minimum insurance coverage requirements as determined by the division and is a mandatory condition for holding a license or permit.   3. a. Notwithstanding section 123.49, subsection 1, any person who is injured in person or property or means of support by an intoxicated person who is under legal age or resulting from the intoxication of a person who is under legal age, has a right of action for all damages actually sustained, severally or jointly, against a person who is not a licensee or permittee and who dispensed or gave any alcoholic beverage to the intoxicated underage person when the nonlicensee or nonpermittee who dispensed or gave the alcoholic beverage to the underage person knew or should have known the underage person was intoxicated, or who dispensed or gave any alcoholic beverage to the underage person to a point where the nonlicensee or nonpermittee knew or should have known that the underage person would become intoxicated.   b. If the injury was caused by an intoxicated person who is under legal age, a person who is not a licensee or permittee and who dispensed or gave the alcoholic beverage to the underage person may establish as an affirmative defense that the intoxication did not contribute to the injurious action of the underage person.   c. For purposes of this subsection, dispensed or gave means the act of physically presenting a receptacle containing any alcoholic beverage to the underage person whose actions or intoxication results in the sustaining of damages by another person. However, a person who dispenses or gives any alcoholic beverage to an underage person shall only be liable for any damages if the person knew or should have known that the underage person was under legal age.  [C73, 1557; C97, 2418; C24, 27, 31, 35, 39, 2055; C46, 50, 54, 58, 62, 129.2; C66, 71, 123.95, 129.2; C73, 75, 77, 79, 81, 123.92]  85 Acts, ch 32, 57; 86 Acts, ch 1211, 12; 88 Acts, ch 1158, 30; 92 Acts, ch 1136, 1; 97 Acts, ch 126, 7; 2009 Acts, ch 128, 1; 2013 Acts, ch 124, 1; 2016 Acts, ch 1008, 9; 2018 Acts, ch 1060, 45  47; 2018 Acts, ch 1090, 1; 2018 Acts, ch 1172, 18, 51  Referred to in 123.3, 123.10, 123.95  Minimum coverage requirements evaluation, see 505.33 
123.93 Limitation of action.   Within six months of the occurrence of an injury, the injured person shall give written notice to the licensee or permittee or such licensees or permittees insurance carrier of the persons intention to bring an action under this section, indicating the time, place and circumstances causing the injury. Such six months period shall be extended if the injured party is incapacitated at the expiration thereof or unable, through reasonable diligence, to discover the name of the licensee, permittee, or person causing the injury or until such time as such incapacity is removed or such person has had a reasonable time to discover the name of the licensee, permittee or person causing the injury.  [C73, 75, 77, 79, 81, 123.93] 
123.94 Inurement of action prohibited.   No right of action for contribution or indemnity shall accrue to any insurer, guarantor or indemnitor of any intoxicated person for any act of such intoxicated person against any licensee or permittee as defined in this chapter.  [C73, 75, 77, 79, 81, 123.94] 
123.95 Premises must be licensed  exception as to conventions and social gatherings.   1. A person shall not allow the dispensing or consumption of alcoholic liquor, except wines and beer, in any establishment unless the establishment is licensed under this chapter or except as otherwise provided in this section.   2. a. The holder of an annual class B liquor control license or an annual class C liquor control license may act as the agent of a private social host for the purpose of providing and serving alcoholic beverages as part of a food catering service for a private social gathering in a private place, provided the licensee has applied for and been granted a catering privilege by the division. The holder of an annual special class C liquor control license shall not act as the agent of a private social host for the purpose of providing and serving wine and beer as part of a food catering service for a private social gathering in a private place. An applicant for a class B or class C liquor control license shall state on the application for the license that the licensee intends to engage in catering food and alcoholic beverages for private social gatherings and the catering privilege shall be noted on the license.   b. The private social host or the licensee shall not solicit payment of any kind, including donations, for the food or alcoholic beverages from the guests, and the alcoholic beverages and food shall be served without cost to the guests.   c. Section 123.92 does not apply to a liquor control licensee who acts in accordance with this section when the liquor control licensee is providing and serving food and alcoholic beverages as an agent of a private social host at a private social gathering in a private place which is not on the licensed premises.   d. A licensee who engages in catering food and alcoholic beverages for private social gatherings shall maintain a record on the licensed premises which includes the name and address of the host of the private social gathering, and the date for which catering was provided. The record maintained pursuant to this section shall be open to inspection pursuant to section 123.30, subsection 1, during normal business hours of the licensee.   3. However, bona fide conventions or meetings may bring their own legal liquor onto the licensed premises if the liquor is served to delegates or guests without cost. All other provisions of this chapter shall be applicable to such premises. The provisions of this section shall have no application to private social gatherings of friends or relatives in a private home or private place which is not of a commercial nature nor where goods or services may be purchased or sold nor any charge or rent or other thing of value is exchanged for the use of such premises for any purpose other than for sleeping quarters.  [C66, 71, 123.96; C73, 75, 77, 79, 81, 123.95]  85 Acts, ch 32, 58; 93 Acts, ch 91, 20; 2019 Acts, ch 113, 36  Referred to in 7D.16, 123.49 
123.97 Covered into general fund.   All revenues, except the portion of license fees remitted to the local authorities, arising under the operation of the provisions of this chapter shall become part of the state general fund.  [C66, 71, 123.101; C73, 75, 77, 79, 81, 123.97] 
123.98 Labeling shipments.   1. It shall be unlawful for any common carrier or for any person to transport or convey by any means, whether for compensation or not, within this state, any alcoholic liquor, wine, or beer, unless the vessel or other package containing such alcoholic liquor, wine, or beer shall be plainly and correctly identified, showing the quantity and kind of alcoholic liquor, wine, or beer contained therein, the name of the party to whom they are to be delivered, and the name of the shipper, or unless such information is shown on a bill of lading or other document accompanying the shipment. No person shall be authorized to receive or keep such alcoholic liquor, wine, or beer unless the same be marked or labeled as required by this section. The violation of any provision of this section by any common carrier, or any agent or employee of any carrier, or by any person, shall be punished under the provisions of this chapter.   2. Any alcoholic liquor, wine, or beer conveyed, carried, transported, or delivered in violation of this section, whether in the hands of the carrier or someone to whom they shall have been delivered, shall be subject to seizure and condemnation, as alcoholic liquor, wine, or beer kept for illegal sale.  [C97, 2421; C24, 27, 31, 35, 39, 1936, 1938; C46, 50, 54, 58, 62, 66, 71, 125.16, 125.18; C73, 75, 77, 79, 81, 123.98]  2018 Acts, ch 1060, 48 
123.99 False statements.   A person commits a simple misdemeanor if the person, for the purpose of procuring the shipment, transportation, or conveyance of any alcoholic liquor, wine, or beer within this state in violation of this chapter, does any of the following:   1. Makes to any person, company, corporation, or common carrier, or to any agent thereof, any false statements as to the character or contents of any box, barrel, or other vessel or package containing such alcoholic liquor, wine, or beer.   2. Refuses to give correct and truthful information as to the contents of any such box, barrel, or other vessel or package so sought to be transported or conveyed.   3. Falsely labels, brands, or marks a box, barrel, or other vessel or package in order to conceal the fact that the same contains alcoholic liquor, wine, or beer.   4. By any device or concealment procures or attempts to procure the conveyance or transportation of alcoholic liquor, wine, or beer.  [C97, 2420; C24, 27, 31, 35, 39, 1934; C46, 50, 54, 58, 62, 66, 71, 125.14; C73, 75, 77, 79, 81, 123.99]  2013 Acts, ch 35, 25; 2018 Acts, ch 1060, 49; 2019 Acts, ch 59, 45 
123A.1 Purposes and scope.   This chapter is enacted pursuant to the authority of the state under the provisions of the twenty-first amendment to the Constitution of the United States to promote the publics interest in fair, efficient, and competitive distribution of beer products through regulation and encouragement of brewer and wholesaler vendors to conduct their business relations toward these ends by:   1. Assuring that the beer wholesaler is free to manage its business enterprise.   2. Assuring the brewer and the public of service from wholesalers who will devote reasonable efforts and resources to distribution and sales of all of the brewers products which the wholesaler has been granted the right to sell and distribute and maintain satisfactory sales levels.   3. Promoting and maintaining a sound, stable, and viable three-tier system of distribution of beer to the public.  95 Acts, ch 101, 1 
123A.10 Waiver  prohibited.   A brewer shall not require a wholesaler to waive compliance with any provision of this chapter. This chapter shall not be construed to limit or prohibit a good faith settlement of a dispute voluntarily entered into between the parties.  95 Acts, ch 101, 10 
123A.11 Indemnification.   A brewer shall fully indemnify and hold harmless the brewers wholesaler against any losses, including but not limited to court costs and reasonable attorney fees or damages arising out of complaints, claims, or lawsuits, including but not limited to strict liability, negligence, misrepresentation, or express or implied warranty where the complaint, claim, or lawsuit relates to the manufacture or packaging of beer or other functions by the brewer which are beyond the control of the wholesaler.  95 Acts, ch 101, 11 
123A.12 Application to existing agreements.   1. The provisions of this chapter apply to a valid agreement in effect immediately before July 1, 1995, when the first of the following dates occurs:   a. On the effective date of the next amendment, modification, or renewal of the existing valid agreement.   b. On the next anniversary date of the execution of the original agreement between the wholesaler and the brewer.   2. If no written agreement exists, the provisions of the chapter apply to the implied or oral unwritten agreement of a brewer and a wholesaler of that brewery on July 1, 1995.  95 Acts, ch 101, 12 
123A.13 Canned cocktails  applicability of chapter.   The provisions of this chapter that apply to a brewer and wholesaler of beer shall apply to a manufacturer and wholesaler of canned cocktails.  2019 Acts, ch 107, 5, 6 
123A.2 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Affected party means a wholesaler, brewer, master distributor, successor brewer, or any person that is a party to an agreement.   2. Agreement means a contract or arrangement whether expressed or implied, oral or written, for a definite or indefinite period between a brewer and a wholesaler pursuant to which a wholesaler has been granted the right to purchase, resell, and distribute one or more brands of beer offered by a brewer, or a contract or arrangement in which a brewer grants to a wholesaler a license to use a trade name, trademark, service mark, or related characteristic and in which there is a community of interest in the marketing of the products of the brewer. An agreement exists when one or more of the following occur:   a. A brewer has shipped beer to a wholesaler or accepted an order for beer from a wholesaler.   b. A brewer purchases the right to manufacture a beer product, the right to use the trade name for the product, or the right to distribute a product from another brewer with whom the wholesaler has an agreement.   3. Beer means beer or high alcoholic content beer as defined in section 123.3.   4. Brand means a word, name, group of letters, symbol, or a combination of words, names, letters, or symbols adopted and used by a brewer to identify a specific beer product, and to distinguish that beer product from other beer products brewed or marketed by that brewery or other breweries.   5. Brand extension means a brand which incorporates all or a substantial part of the unique features of a preexisting brand of the same brewery and which relies to a significant extent on the goodwill associated with the preexisting brand. However, a general corporate logo or symbol or an advertising message, whether appearing on the product packaging or elsewhere, is not a brand, brand extension, or part of a brand or brand extension.   6. Brewer means a person who is engaged in the manufacture of beer for the purpose of sale, barter, exchange, or transportation, a master distributor, or a fermenter, processor, bottler, packager, or importer of beer, or a successor brewer.   7. Canned cocktail means as defined in section 123.3.   8. Designated member means a deceased wholesalers spouse, child, grandchild, parent, brother, or sister, who is entitled to inherit the deceased wholesalers ownership interest under the terms of the deceased wholesalers will, other testamentary device, or the laws of intestate succession. With respect to an incapacitated individual having an ownership interest in a wholesaler, designated member also means a person appointed by the court as the conservator of the individuals property. Designated member also includes the appointed and qualified personal representative and the testamentary trustee of a deceased wholesaler.   9. Good cause exists if the wholesaler or affected party has failed to comply with reasonable requirements which are imposed upon the wholesaler or affected party through an agreement, which do not discriminate either by their terms or in the methods of their enforcement as compared with requirements imposed on other similarly situated wholesalers by the brewer, and which are not in violation of any law or administrative rule.   10. Good faith means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade and defined and interpreted under section 554.1201.   11. Manager means an individual named or designated by agreement between the brewer and wholesaler, who is principally responsible for the daily management of the wholesaler.   12. Master distributor means a wholesaler who acts in the role of or in a similar capacity as a brewer or outside seller of one or more brands of beer to other wholesalers on a regular basis in the normal course of business.   13. Reasonable standards and qualifications means those criteria applied by the brewer to similarly situated wholesalers during a period of twenty-four months before a proposed change in a successor manager of the wholesalers business.   14. Similarly situated wholesalers means wholesalers of a brewer that are of a generally comparable size, and operate in markets with similar demographic characteristics, including population size, density, distribution, and vital statistics, and reasonably similar economic and geographic conditions.   15. Successor brewer means a person who succeeds to the role of a brewer or master distributor to manufacture or distribute one or more brands of beer whether by merger, purchase of corporate shares, purchase of assets, or any other arrangement.   16. Successor manager means an individual named or designated by agreement between a brewer and wholesaler who succeeds to the role of manager who will be principally responsible for the daily management of the wholesaler.   17. Territory means the geographic area of primary sales responsibility designated by an agreement between a wholesaler and brewer for one or more brands of beer of the brewer.   18. Wholesaler means a person, other than a vintner, brewer, or bottler of beer, who sells, barters, exchanges, offers for sale, possesses with intent to sell, deals, or traffics in beer.  95 Acts, ch 101, 2; 2008 Acts, ch 1032, 23; 2015 Acts, ch 17, 1; 2019 Acts, ch 107, 4, 6 
123A.3 Termination and notice of cancellation.   1. Except as provided in subsection 5, a brewer or wholesaler shall not amend, modify, cancel, fail to renew, or otherwise terminate an agreement unless the brewer or wholesaler furnishes prior notification to the other party in accordance with subsection 2.   2. The notification required under subsection 1 shall be in writing and sent to the affected party by certified mail not less than ninety days before the date on which the agreement will be amended, modified, canceled, not renewed, or otherwise terminated. The notification shall contain all of the following:   a. A statement of intention to amend, modify, cancel, fail to renew, or otherwise terminate the agreement.   b. A statement enumerating the facts and reasons for the action, including documentation necessary to fully inform the wholesaler of the reasons for the action.   c. The date on which the action will take effect.   3. For each cancellation, nonrenewal, or termination, the brewer shall have the burden of showing that it has acted in good faith, that the notice requirements under this section have been complied with, and that there was good cause for the cancellation, nonrenewal, or termination.   4. Notwithstanding the terms or conditions of any agreement, good cause exists for the purpose of a cancellation, nonrenewal, or termination if all of the following occur:   a. The wholesaler fails to comply with a provision of the agreement which is both reasonable and of material significance to the business relationship between the wholesaler and the brewer.   b. The brewer first acquired knowledge of the failure described in paragraph a not more than twenty-four months before the date notification was given pursuant to subsection 2.   c. The wholesaler was given notice by the brewer of failure to comply with the agreement.   d. The wholesaler has been given thirty days in which to submit a plan of corrective action to comply with the agreement and an additional ninety days to cure the noncompliance in accordance with the plan, and has failed to correct the failure to comply with the provisions of the agreement.   5. A brewer may cancel, fail to renew, or otherwise terminate an agreement without furnishing any prior notification and without good cause as required in subsection 4 for any of the following reasons:   a. The wholesalers failure to pay any account when due and upon written demand by the brewer for the payment, in accordance with agreed upon payment terms.   b. The wholesalers assignment for the benefit of creditors, or similar disposition, of substantially all of the assets of the partys business.   c. The insolvency of the wholesaler, or the institution of proceedings in bankruptcy by or against the wholesaler.   d. The dissolution or liquidation of the wholesaler.   e. The wholesalers conviction of, or plea of guilty or no contest to, a charge of violating a law or rule in this state which materially and adversely affects the ability of either party to continue to sell beer in this state, or the revocation or suspension of a license or permit to sell beer in this state for a period greater than thirty-one days.   f. Any attempted transfer of business assets of the wholesaler, ten percent or more of the voting stock of the wholesaler or the voting stock of any parent corporation of the wholesaler, or any change in the beneficial ownership or control of any wholesaler without obtaining the prior consent or approval as provided for under section 123A.6.   g. The wholesalers fraudulent conduct relating to a material matter on the part of the wholesaler in dealings with the brewer or its product. However, the brewer shall have the burden of proving fraudulent conduct relating to a material matter on the part of the wholesaler in any legal action challenging the termination.   h. The wholesaler distributes, sells, or delivers beer to a retailer whose premises are situated outside the geographic territory agreed upon by the wholesaler and the brewer as the area in which the wholesaler will sell beer purchased from the brewer, without the consent of the brewer and the distributor who has been assigned the territory by the brewer.  95 Acts, ch 101, 3  Referred to in 123A.4 
123A.4 Cancellation.   A brewer or a wholesaler shall not cancel, fail to renew, or otherwise terminate an agreement unless the party intending that action has good cause for the cancellation, failure to renew, or termination, has made good faith efforts to resolve disagreements, and, in any case in which prior notification is required under section 123A.3, the party intending to act has furnished the prior notification and the other party has not eliminated the reasons specified in the notification for cancellation, failure to renew, or termination, within the periods provided in section 123A.3, subsection 4, paragraph d.  95 Acts, ch 101, 4 
123A.5 Prohibited conduct.   1. A brewer shall not commit any of the following actions:   a. Induce or coerce, or attempt to induce or coerce, any wholesaler to engage in any illegal act or course of conduct.   b. Require a wholesaler to assent to any unreasonable requirement, condition, understanding, or term of an agreement prohibiting a wholesaler from selling the product of another brewer.   c. Fix, maintain, or establish the price at which a wholesaler may resell beer, or to change, by any means, the price charged to the wholesaler after beer has been ordered by the wholesaler from the brewer.   d. Require any wholesaler to accept delivery of any beer or any other item or commodity which shall not have been ordered by the wholesaler.   e. Require a wholesaler without the wholesalers approval to participate in an arrangement for the payment or crediting by an electronic fund transfer transaction for any item or commodity other than beer, or to access a wholesalers account for any item or commodity other than beer.   f. Require or prohibit any change in the manager or successor manager of any wholesaler who has been approved by the brewer as of or subsequent to July 1, 1995, unless the brewer acts in good faith. If a wholesaler changes an approved manager or successor manager, a brewer shall not require or prohibit the change unless the person selected by the wholesaler fails to meet the nondiscriminatory, material, and reasonable standards and qualifications for managers or successor managers consistently applied to similarly situated wholesalers by the brewer. However, the brewer shall have the burden of proving that the person fails to meet the reasonable standards and qualifications.   g. Discriminate among the brewers wholesalers in any business dealings including, but not limited to, the price of beer sold to the wholesaler or terms of sale offered to wholesalers, unless the difference among its wholesalers is based on reasonable grounds.   h. Fail to provide each wholesaler of the brewers brand with a written agreement which contains in total the brewers agreement with each wholesaler, and designates a specific exclusive sales territory. The terms of written agreements executed, amended, or renewed after July 1, 1995, shall be consistent with this chapter, and this chapter may be incorporated by reference in the agreement.   i. Enter into an additional agreement with any other wholesaler for, or to sell to any other wholesaler, the same brand of beer or brand extension in the same territory or any portion of the territory, or to sell directly to any retailer in this state.   j. Require a wholesaler to purchase one or more brands of beer in order for the wholesaler to purchase another brand of beer for any reason.   k. Require a wholesaler, by any means, directly to participate in or contribute to any local or national advertising fund controlled directly or indirectly by a brewer.   l. Require by a provision of an agreement or other instrument in connection with the agreement that any dispute arising out of or in connection with the agreement be determined through the application of any other states laws, be determined in federal court sitting in a state other than Iowa, or be determined in a state court of a state other than this state. A provision contained in any agreement or other instrument in connection with the agreement which contravenes this section shall be null and void.   2. A wholesaler who, pursuant to an agreement, is granted a sales territory for which the wholesaler is primarily responsible or in which the wholesaler is required to concentrate the wholesalers efforts, shall not make any sale or delivery of beer to any retail licensee whose place of business is not within the territory granted to the wholesaler unless agreed upon by all affected parties.  95 Acts, ch 101, 5 
123A.6 Transfer of business assets or stock.   1. A brewer shall not unreasonably withhold or delay its approval of any assignment, sale, or transfer of the stock or other indicia of ownership of a wholesaler or all or any portion of a wholesalers assets, wholesalers voting stock, the voting stock of any parent corporation, or the beneficial ownership or control of any other entity owning or controlling the wholesaler, including the wholesalers rights and obligations under the terms of an agreement when the person to be substituted meets reasonable standards. Upon the death of one of the partners of a partnership operating the business of a wholesaler, a brewer shall not deny the surviving partner of the partnership the right to become a successor-in-interest to the agreement between the brewer and the partnership, if the survivor has been active in the management of the partnership and is otherwise capable of carrying on the business of the partnership.   2. Notwithstanding subsection 1, upon the death of a wholesaler, a brewer shall not deny approval for any transfer of ownership or management to a designated member, including the rights under the agreement with the brewer. The transfer or assignment shall not be effective until written notice is given to the brewer, but the brewers consent to the transfer or assignment shall not be required.  95 Acts, ch 101, 6  Referred to in 123A.3 
123A.7 Reasonable compensation.   1. A brewer who cancels, fails to renew, or terminates any agreement, or unlawfully denies approval of, or unreasonably withholds consent to any assignment, transfer, or sale of a wholesalers business assets or voting stock or other equity securities, except as provided in this chapter, shall pay the wholesaler with which the brewer has an agreement pursuant to this chapter, reasonable compensation for the fair market value of the wholesalers business with relation to the affected brand of beer. The fair market value of the wholesalers business shall include, but not be limited to, its goodwill, if any.   2. If a brewer and a wholesaler are unable to mutually agree on the reasonable compensation to be paid for the value of the wholesalers business, either party may maintain a civil action as provided in section 123A.9, or the matter may, by mutual agreement of the parties, be submitted to a three-member arbitration panel consisting of one representative selected by the brewer but unassociated with the brewer; one representative selected by the wholesaler but unassociated with the wholesaler; and an impartial arbitrator selected by the other two members from a list provided by the American arbitration association, and the claim settled in accordance with the rules provided by the American arbitration association. Arbitration costs shall be paid one-half by the wholesaler and one-half by the brewer. Arbitration shall be conducted in accordance with the commercial arbitration rules of the American arbitration association and the laws of this state, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The award of the arbitrator shall be final and binding on the parties.  95 Acts, ch 101, 7 
123A.8 Right of free association.   A brewer or wholesaler shall not restrict or inhibit, directly or indirectly, the right of free association among brewers or wholesalers for any lawful purpose.  95 Acts, ch 101, 8 
123A.9 Judicial remedies.   1. If a brewer or a wholesaler who is a party to an agreement pursuant to this chapter fails to comply with this chapter or otherwise engages in conduct prohibited under this chapter, the aggrieved party may maintain a civil action in district court if the cause of action directly relates to or stems from the relationship of the individual parties under the agreement.   2. A brewer or wholesaler may bring an action for declaratory judgment for determination of any controversy arising under this chapter or out of the brewer and wholesaler agreement.   3. Upon proper petition to the district court, a brewer or wholesaler may obtain injunctive relief against a violation of this chapter.   4. In an action under subsection 1, the district court may grant the relief as the court determines is necessary or appropriate considering the purposes of this chapter. The district court may, if it finds that a brewer has acted in bad faith in invoking the amendment, modification, cancellation, nonrenewal, or termination provision of the agreement between the brewer and wholesaler, or has unreasonably withheld its consent to any assignment, transfer, or sale of the wholesalers business, award equitable relief, actual damages, court costs, and attorneys fees.   5. The prevailing party in an action under subsection 1 shall be entitled to actual damages, court costs, and attorneys fees at the courts discretion.   6. With respect to a dispute arising under this chapter or out of the agreement between a brewer and wholesaler, the wholesaler and brewer each has the absolute right, before the wholesaler or brewer has agreed to arbitrate a particular dispute, to refuse to arbitrate that particular dispute. A brewer shall not, as a condition of entering into or renewing an agreement, require the wholesaler to agree to arbitration in lieu of judicial remedies.   7. A brewer shall not take retaliatory action against a wholesaler who files or manifests an intention to file a complaint of alleged violation of state or federal law or regulation by the brewer with the appropriate state or federal regulatory authority. Retaliatory action shall include, but shall not be limited to, refusal without good cause to continue the agreement, or a material reduction in the quality of service or quantity of products available to the wholesaler under the agreement, or impede the normal business operations of the wholesaler.  95 Acts, ch 101, 9  Referred to in 123A.7 
124.101 Definitions.   As used in this chapter:   1. Administer means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:   a. A practitioner, or in the practitioners presence, by the practitioners authorized agent; or   b. The patient or research subject at the direction and in the presence of the practitioner.   2. Agent means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouser, or employee of the carrier or warehouser.   3. Board means the board of pharmacy.   4. Bureau means the bureau of narcotics and dangerous drugs, United States department of justice, or its successor agency.   5. Controlled substance means a drug, substance, or immediate precursor in schedules I through V of subchapter II of this chapter.   6. Counterfeit substance means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.   7. Deliver or delivery means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.   8. Department means the department of public safety of the state of Iowa.   9. Dispense means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.   10. Dispenser means a practitioner who dispenses.   11. Distribute means to deliver other than by administering or dispensing a controlled substance.   12. Distributor means a person who distributes.   13. Drug means:   a. Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;   b. Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;   c. Substances, other than food, intended to affect the structure or any function of the human body or animals; and   d. Substances intended for use as a component of any article specified in paragraph a, b, or c of this subsection. It does not include devices or their components, parts, or accessories.   14. Electronic prescription means a prescription which is transmitted by a computer device in a secure manner, including computer-to-computer transmission and computer-to-facsimile transmission.   15. Facsimile prescription means a prescription which is transmitted by a device which sends an exact image to the receiver.   16. Imitation controlled substance means a substance which is not a controlled substance but which by color, shape, size, markings, and other aspects of dosage unit appearance, and packaging or other factors, appears to be or resembles a controlled substance. The board may designate a substance as an imitation controlled substance pursuant to the boards rulemaking authority and in accordance with chapter 17A. Imitation controlled substance also means any substance determined to be an imitation controlled substance pursuant to section 124.101B.   17. Immediate precursor means a substance which the board has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.   18. Isomer means the optical isomer, except as used in section 124.204, subsection 4, and section 124.206, subsection 2, paragraph d. As used in section 124.204, subsection 4, isomer means the optical, positional, or geometric isomer. As used in section 124.206, subsection 2, paragraph d, isomer means the optical or geometric isomer.   19. Manufacture means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance:   a. By a practitioner as an incident to administering or dispensing of a controlled substance in the course of the practitioners professional practice, or   b. By a practitioner, or by an authorized agent under the practitioners supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.   20. Marijuana means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.   21. Narcotic drug means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:   a. Opium, opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. Such term does not include the isoquinoline alkaloids of opium.   b. Poppy straw and concentrate of poppy straw.   c. Opium poppy.   d. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in paragraphs a through c.   22. Office means the governors office of drug control policy, as referred to in section 80E.1.   23. Opiate means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under section 124.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.   24. Opium poppy means the plant of the species Papaver somniferum L., except its seeds.   25. Person means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.   26. Poppy straw means all parts, except the seeds, of the opium poppy, after mowing.   27. Practitioner means either:   a. A physician, dentist, podiatric physician, prescribing psychologist, veterinarian, scientific investigator or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state.   b. A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.   28. Production includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.   29. Simulated controlled substance means a substance which is not a controlled substance but which is expressly represented to be a controlled substance, or a substance which is not a controlled substance but which is impliedly represented to be a controlled substance and which because of its nature, packaging, or appearance would lead a reasonable person to believe it to be a controlled substance.   30. State, when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession, and any area subject to the legal authority of the United States of America.   31. Ultimate user means a person who lawfully possesses a controlled substance for the persons own use or for the use of a member of the persons household or for administering to an animal owned by the person or by a member of the persons household.  [C51, 2728; R60, 4374; C73, 4038; C97, 2593; S13, 2593, 2596-a; C24, 27, 31, 35, 3151; C39, 3169.01, 3169.07; C46, 50, 54, 58, 62, 66, 204.1, 204.7; C71, 204.1, 204.7, 204A.1; C73, 75, 77, 79, 81, 204.101; 82 Acts, ch 1147, 1]  84 Acts, ch 1013, 1  3; 91 Acts, ch 8, 1  C93, 124.101  94 Acts, ch 1009, 1; 95 Acts, ch 108, 1; 99 Acts, ch 89, 1, 2; 2001 Acts, ch 24, 28; 2004 Acts, ch 1036, 1; 2007 Acts, ch 8, 1; 2007 Acts, ch 10, 8; 2009 Acts, ch 25, 1; 2009 Acts, ch 133, 194; 2016 Acts, ch 1112, 2; 2017 Acts, ch 54, 76; 2017 Acts, ch 145, 2  Referred to in 80.1A, 96.5, 124.308, 124.410, 124B.1, 125.2, 155A.27, 204.2, 279.9, 321.208, 453B.1, 657.2, 717F.4, 808B.3, 808B.5, 901D.2 
124.101A Administration of controlled substances  delegation.   Nothing contained in this chapter shall be construed to prevent a physician, dentist, podiatric physician, or veterinarian from delegating the administration of controlled substances under this chapter to a nurse, intern, or other qualified individual or, as to veterinarians, to an orderly or assistant, under the veterinarians direction and supervision; all pursuant to rules adopted by the board.  2009 Acts, ch 133, 195 
124.101B Factors indicating an imitation controlled substance.   If a substance has not been designated as an imitation controlled substance by the board and if dosage unit appearance alone does not establish that a substance is an imitation controlled substance, the following factors may be considered in determining whether the substance is an imitation controlled substance:   1. The person in control of the substance expressly or impliedly represents that the substance has the effect of a controlled substance.   2. The person in control of the substance expressly or impliedly represents that the substance because of its nature or appearance can be sold or delivered as a controlled substance or as a substitute for a controlled substance.   3. The person in control of the substance either demands or receives money or other property having a value substantially greater than the actual value of the substance as consideration for delivery of the substance.  2017 Acts, ch 145, 3  Referred to in 124.101 
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124.201 Duty to recommend changes in schedules  temporary amendments to schedules.   1. The board shall administer the regulatory provisions of this chapter. Annually, within thirty days after the convening of each regular session of the general assembly, the board shall recommend to the general assembly any deletions from, or revisions in the schedules of substances, enumerated in section 124.204, 124.206, 124.208, 124.210, or 124.212, which it deems necessary or advisable. In making a recommendation to the general assembly regarding a substance, the board shall consider the following:   a. The actual or relative potential for abuse;   b. The scientific evidence of its pharmacological effect, if known;   c. State of current scientific knowledge regarding the substance;   d. The history and current pattern of abuse;   e. The scope, duration, and significance of abuse;   f. The risk to the public health;   g. The potential of the substance to produce psychic or physiological dependence liability; and   h. Whether the substance is an immediate precursor of a substance already controlled under this subchapter.   2. After considering the factors described in subsection 1, the board shall make a recommendation to the general assembly, specifying the change which should be made in existing schedules, if it finds that the potential for abuse or lack thereof of the substance is not properly reflected by the existing schedules.   3. If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor. Such designations shall be made pursuant to the procedures of chapter 17A.   4. If any new substance is designated as a controlled substance under federal law and notice of the designation is given to the board, the board shall similarly designate as controlled the new substance under this chapter after the expiration of thirty days from publication in the federal register of a final order designating a new substance as a controlled substance, unless within that thirty-day period the board objects to the new designation. In that case the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing the board shall announce its decision. Upon publication of objection to a new substance being designated as a controlled substance under this chapter by the board, control under this chapter is stayed until the board publishes its decision. If a substance is designated as controlled by the board under this subsection the control shall be considered a temporary amendment to the schedules of controlled substances in this chapter. If the board so designates a substance as controlled, which is considered a temporary amendment to the schedules of controlled substances in this chapter, and if the general assembly does not amend this chapter to enact the temporary amendment and make the enactment effective within two years from the date the temporary amendment first became effective, the temporary amendment is repealed by operation of law two years from the effective date of the temporary amendment. A temporary amendment repealed by operation of law is subject to section 4.13 relating to the construction of statutes and the application of a general savings provision.  [C73, 75, 77, 79, 81, 204.201]  C93, 124.201  2012 Acts, ch 1122, 7, 11; 2013 Acts, ch 90, 24; 2014 Acts, ch 1026, 28; 2017 Acts, ch 54, 76; 2017 Acts, ch 145, 1; 2020 Acts, ch 1063, 58  Referred to in 124.101 
124.201A Cannabis-derived products  rules.   1. If a cannabis-derived investigational product approved as a prescription drug medication by the United States food and drug administration is added to the federal schedule of controlled substances by the federal drug enforcement administration and notice of the addition is given to the board, the board shall similarly add the prescription drug medication in the schedule of controlled substances under this chapter.   2. If a cannabis-derived product approved as a prescription drug medication by the United States food and drug administration is eliminated from or revised in the federal schedule of controlled substances by the federal drug enforcement administration and notice of the elimination or revision is given to the board, the board shall similarly eliminate or revise the prescription drug medication in the schedule of controlled substances under this chapter.   3. The board shall adopt rules pursuant to chapter 17A to administer this section. The board may adopt rules on an emergency basis as provided in section 17A.4, subsection 3, and section 17A.5, subsection 2, to administer this section, and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any emergency rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4, subsection 1.   4. Any cannabis-derived investigational product or cannabis-derived product approved as a prescription drug medication by the United States food and drug administration shall not be considered marijuana or cannabimimetic agents, both as defined in section 124.204, tetrahydrocannabinols as used in section 124.204, subsection 4, paragraph u, unnumbered paragraph 1, or hemp as defined in section 204.2.  2017 Acts, ch 162, 1, 25; 2020 Acts, ch 1023, 1, 13 
124.202 Controlled substances  listed regardless of name.   The controlled substances listed in the schedules in sections 124.204, 124.206, 124.208, 124.210 and 124.212 are included by whatever official name, common or usual name, chemical name, or trade name is designated.  [C73, 75, 77, 79, 81, 204.202]  C93, 124.202 
124.203 Substances listed in schedule I  criteria.   1. The board shall recommend to the general assembly that the general assembly place a substance in schedule I if the substance is not already included therein and the board finds that the substance:   a. Has high potential for abuse; and   b. Has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision.   2. If the board finds that any substance included in schedule I does not meet these criteria, the board shall recommend that the general assembly place the substance in a different schedule or remove the substance from the list of controlled substances, as appropriate.  [C73, 75, 77, 79, 81, 204.203]  C93, 124.203  2009 Acts, ch 41, 34, 263 
124.204 Schedule I  substances included.   1. Schedule I shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.   2. Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:   a. Acetylmethadol.   b. Allylprodine.   c. Alphacetylmethadol (except levo-alphacetylmethadol also known as levo-alpha-  acetylmethadol, levomethadyl acetate, or LAAM).   d. Alphameprodine.   e. Alphamethadol.   f. Alpha-Methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]   propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine).   g. Benzethidine.   h. Betacetylmethadol.   i. Betameprodine.   j. Betamethadol.   k. Betaprodine.   l. Clonitazene.   m. Dextromoramide.   n. Difenoxin.   o. Diampromide.   p. Diethylthiambutene.   q. Dimenoxadol.   r. Dimepheptanol.   s. Dimethylthiambutene.   t. Dioxaphetyl butyrate.   u. Dipipanone.   v. Ethylmethylthiambutene.   w. Etonitazene.   x. Etoxeridine.   y. Furethidine.   z. Hydroxypethidine.   aa. Ketobemidone.   ab. Levomoramide.   ac. Levophenacylmorphan.   ad. Morpheridine.   ae. Noracymethadol.   af. Norlevorphanol.   ag. Normethadone.   ah. Norpipanone.   ai. Phenadoxone.   aj. Phenampromide.   ak. Phenomorphan.   al. Phenoperidine.   am. Piritramide.   an. Proheptazine.   ao. Properidine.   ap. Propiram.   aq. Racemoramide.   ar. Tilidine.   as. Trimeperidine.   at. Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-  3-methyl-4-piperidinyl]-N-phenylpropanamide).   au. Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-   phenylacetamide).   av. Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-   phenylpropanamide).   aw. Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-   phenylpropanamide).   ax. 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-   phenylpropanamide). For purposes of this opiate, isomers includes optical and geometric isomers.   ay. 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-   phenylpropanamide).   az. MPPP (1-methyl-4-phenyl-4-propionoxypiperidine).   ba. Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-  piperidinyl] propanamide).   bb. PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine).   bc. Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide).   bd. AH-7921 (3,4-dichloro-N-[(1-dimethylamino) cyclohexylmethyl]benzamide.   be. MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine).   bf. N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide. Other name:  acetyl fentanyl.   bg. N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide. Other name: Furanyl fentanyl.   bh. N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide. Other  name: Butyryl fentanyl.   bi. N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-  phenylpropionamide. Other name: beta-hydroxythiofentanyl.   bj. 3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-  methylbenzamide. Other name: U-47700.   bk. N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide. Other names: 4-fluoroisobutyryl fentanyl, para-fluoroisobutyryl fentanyl.   bl. N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide.  Other names: ortho-fluorofentanyl; 2-fluorofentanyl.   bm. N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-  carboxamide. Other name: tetrahydrofuranyl fentanyl.   bn. 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide.  Other name: methoxyacetyl fentanyl.   bo. N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide. Other  names: acryl fentanyl; acryloylfentanyl.   bp. N-(1-phenethylpiperidin-4-yl)-N-  phenylcyclopropanecarboxamide. Other name: cyclopropyl fentanyl.   bq. N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide.  Other name: para-fluorobutyryl fentanyl.   br. N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)  acetamide. Other name: ocfentanil.   bs. (E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide.  Other name: crotonyl fentanyl.   3. Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers and salts of isomers, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:   a. Acetorphine.   b. Acetyldihydrocodeine.   c. Benzylmorphine.   d. Codeine methylbromide.   e. Codeine-N-Oxide.   f. Cyprenorphine.   g. Desomorphine.   h. Dihydromorphine.   i. Etorphine (except hydrochloride salt).   j. Heroin.   k. Hydromorphinol.   l. Methyldesorphine.   m. Methyldihydromorphine.   n. Morphine methylbromide.   o. Morphine methylsulfonate.   p. Morphine-N-Oxide.   q. Myrophine.   r. Nicocodeine.   s. Nicomorphine.   t. Normorphine.   u. Pholcodine.   v. Thebacon.   w. Drotebanol.   4. Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term isomer includes the optical, position and geometric isomers):   a. 4-bromo-2,5-dimethoxy-amphetamine. Some trade or other names:  4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA.   b. 2,5-dimethoxyamphetamine. Some trade or other names: 2,5-dimethoxy-a-  methylphenethylamine; 2,5-DMA.   c. 4-methoxyamphetamine. Some trade or other names: 4-methoxy-a-   methylphenethylamine; paramethoxyamphetamine, PMA.   d. 5-methoxy-3,4-methylenedioxy-amphetamine.   e. 4-methyl-2,5-dimethoxyl-amphetamine. Some trade or other names: 4-methyl-2,5-  dimethoxy-a-methylphenethylamine; DOM; and STP.   f. 3,4-methylenedioxy amphetamine, also known as MDA.   g. 3,4,5-trimethoxy amphetamine.   h. Bufotenine. Some trade or other names: 3-(B-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-  dimethyltryptamine; mappine.   i. Diethyltryptamine. Some trade or other names: N,N-Diethyltryptamine; DET.   j. Dimethyltryptamine. Some trade or other names: DMT.   k. Ibogaine. Some trade or other names: 7-Ethyl-6,6B,7,8,9,10,12,13-octahydro-2-  methoxy-6,9-methano-5H-pyrido [1,2:1,2] azepino [5,4-b] indole; Tabernanthe iboga.   l. Lysergic acid diethylamide.   m. Marijuana, except as otherwise provided in subsection 7.   n. Mescaline.   o. Parahexyl. Some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-  trimethyl-6H-dibenzo [b,d]pyran; Synhexyl.   p. Peyote, except as otherwise provided in subsection 8. Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or extracts.   q. N-ethyl-3-piperidyl benzilate.   r. N-methyl-3-piperidyl benzilate.   s. Psilocybin.   t. Psilocyn.   u. (1) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (Cannabis plant) as well as synthetic equivalents of the substances contained in the Cannabis plant, or in the resinous extractives of such plant, and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:   (a) 1 cis or trans tetrahydrocannabinol, and their optical isomers.   (b) 6 cis or trans tetrahydrocannabinol, and their optical isomers.   (c) 3,4 cis or trans tetrahydrocannabinol, and their optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)   (2) Subparagraph (1) does not include tetrahydrocannabinol to the extent excluded in subsection 7.   v. Ethylamine analog of phencyclidine. Some trade or other names: N-ethyl-1-  phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine, N-(1-phenylcyclohexyl)  ethylamine, cyclohexamine, PCE.   w. Pyrrolidine analog of phencyclidine. Some trade or other names:  1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP.   x. Thiophene analog of phencyclidine. Some trade or other names: 1-[1-(2-thienyl)-  cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine, TPCP, TCP.   y. 1-[1-(2-thienyl)cyclohexyl]pyrrolidine. Some other names: TCPy.   z. 3,4-methylenedioxymethamphetamine (MDMA).   aa. 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-  alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA).   ab. N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-  alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA).   ac. 2,5-dimethoxy-4-ethylamphet-amine. Some trade or other names: DOET.   ad. Alpha-ethyltryptamine. Some trade or other names: etryptamine; Monase; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; alpha-ET; and AET.   ae. 4-Bromo-2,5-dimethoxyphenethylamine. Some trade or other names: 2-(4-bromo-   2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, Nexus.   af. 2,5-dimethoxy-4-(n)-propylthiophenethylamine. Other name: 2C-T-7.   ag. Alpha-methyltryptamine. Other name: AMT.   ah. 5-methoxy-N,N-diisopropyltryptamine. Other name: 5-MeO-DIPT.   ai. (1) Salvia divinorum.   (2) Salvinorin A.   (3) HU-210. [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-  yl) 6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol)].   (4) HU-211(dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol).   (5) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of cannabimimetic agents, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.   (a) The term cannabimimetic agents means any substance that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and functional assays within any of the following structural classes:   (i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.   (ii) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.   (iii) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.   (iv) 1-(1-naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.   (v) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.   (b) Such terms include:   (i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497).   (ii) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678).   (iii) 1-butyl-3-(1-naphthoyl)indole (JWH-073).   (iv) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200).   (v) 1-hexyl-3-(1-naphthoyl)indole (JWH-019).   (vi) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081).   (vii) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122).   (viii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250).   (ix) RCS-4 and SR-19 1-pentyl-3-[(4methoxy)-benzoyl]indole.   (x) RCS-8 and SR 18 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole.   (xi) AM2201 1-(5-fluoropentyl)-3-(1-naphthoyl)indole.   (xii) JWH-203 1-pentyl-3-(2-chlorophenylacetyl)indole.   (xiii) JWH-398 1-pentyl-3-(4-chloro-1-naphthoyl)indole.   (xiv) AM694 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole.   (xv) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol  (Cannabicyclohexanol or CP-47,497 C8-homolog).   aj. 3,4-Methylenedioxyl-N-methylcathinone (Methylone).   ak. 5-methoxy-N,N-dimethyltryptamine. Some trade or other names:  5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT.   al. 4-methyl-N-ethylcathinone. Other names: 4-MEC, 2-  (ethylamino)-1-(4-methylphenyl)propan-1-one.   am. 4-methyl-alpha-pyrrolidinopropiophenone.  Other names: 4-MePPP, MePPP, 4-methyl-[alpha]-pyrrolidinopropiophenone,  1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one.   an. Alpha-pyrrolidinopentiophenone. Other names: [alpha]-PVP,  [alpha]-pyrrolidinovalerophenone, 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one.   ao. Butylone. Other names: bk-MBDB, 1-(1,3-benzodioxol-5-yl)-  2-(methylamino)butan-1-one.   ap. Pentedrone. Other names: [alpha]-methylaminovalerophenone,  2-(methylamino)-1-phenylpentan-1-one.   aq. Pentylone. Other names: bk-MBDP, 1-(1,3-benzodioxol-5-yl)-  2-(methylamino)pentan-1-one.   ar. 4-fluoro-N-methylcathinone. Other names: 4-FMC, flephedrone,  1-(4-fluorophenyl)-2-(methylamino)propan-1-one.   as. 3-fluoro-N-methylcathinone. Other names: 3-FMC, 1-(3-  fluorophenyl)-2-(methylamino)propan-1-one.   at. Naphyrone. Other names: naphthylpyrovalerone,  1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one.   au. Alpha-pyrrolidinobutiophenone. Other names: [alpha]-PBP,  1-phenyl-2-(pyrrolidin-1-yl)butan-1-one.   av. Marijuana extract meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, containing greater than 0.3 percent tetrahydrocannabinol on a dry weight basis, other than the separated resin (whether crude or purified) obtained from the plant.   aw. Any substance, compound, mixture, or preparation which contains any quantity of any synthetic cathinone that is not approved as a pharmaceutical, including but not limited to the following:   (1) 4-methylmethcathinone (Mephedrone).   (2) 3,4-methylenedioxypyrovalerone (MDPV).   (3) 4-methoxymethcathinone (methedrone; Bk-PMMA).   (4) 3,4-methylenedioxyethcathinone (ethylone).   (5) N,N-dimethylcathinone(metamfepramone).   (6) Alpha-pyrrolidinopropiophenone (alpha-PPP).   (7) 4-methoxy-alpha-pyrrolidinopropiophenone (MOPPP).   (8) 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (MDPPP).   (9) 6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine) (MDAI).   (10) 3-fluoromethcathinone.   (11) 4-Methyl-alpha-pyrrolidinobutiophenone (MPBP).   (12) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).   (13) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).   (14) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C).   (15) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).   (16) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2).   (17) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4).   (18) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H).   (19) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).   (20) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).   ax. (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)  methanone. Other names: UR-144, 1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole.   ay. [1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-  tetramethylcyclopropyl)methanone. Other names: 5-fluoro-UR-144, 5-F-UR-144, XLR11, 1-  (5-fluoro-pentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole.   az. N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide.  Other names: APINACA, AKB48.   ba. 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)  ethanamine. Other names: 25I-NBOMe,2C-I-NBOMe, 25I, Cimbi-5.   bb. 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)  ethanamine. Other names: 25C-NBOMe,2C-C-NBOMe, 25C, Cimbi-82.   bc. 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)  ethanamine. Other names: 25B-NBOMe,2C-B-NBOMe, 25B, Cimbi-36.   bd. Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate. Other names:  PB-22, QUPIC.   be. Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate. Other  names: 5-fluoro-PB-22, 5F-PB-22.   bf. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-  indazole-3-carboxamide. Other names: AB-FUBINACA.   bg. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-  indazole-3-carboxamide. Other name: ADB-PINACA.   bh. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-  1H-indazole-3-carboxamide. Other name: AB-CHMINACA.   bi. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-  carboxamide. Other name: AB-PINACA.   bj. [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalene-1-yl)  methanone. Other name: THJ-2201.   bk. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-  (cyclohexylmethyl)-1H-indazole-3-carboxamide. Other names: MAB-CHMINACA;  ADB-CHMINACA.   bl. Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-  dimethylbutanoate. Other names: 5F-ADB; 5F-MDMB-PINACA.   bm. Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-  3-methylbutanoate. Other name: 5F-AMB.   bn. N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-  carboxamide. Other names: 5F-APINACA, 5F-AKB48.   bo. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-  1H-indazole-3-carboxamide. Other name: ADB-FUBINACA.   bp. Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-  dimethylbutanoate. Other names: MDMB-CHMICA, MMB-CHMINACA.   bq. Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-  dimethylbutanoate. Other name: MDMB-FUBINACA.   br. Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-  methylbutanoate. Other names: FUB-AMB, MMB-FUBINACA, AMB-FUBINACA.   5. Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, their salts, isomers, and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:   a. Mecloqualone.   b. Methaqualone.   c. Gamma-hydroxybutyric acid. Some trade or other names: GHB;   gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate;   sodium oxybutyrate.   6. Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substance having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:   a. Fenethylline.   b. N-ethylamphetamine.   c. (+-)cis-4-methylaminorex ((+-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine).   d. N,N-dimethylamphetamine (also known as N,N-alpha-trimethyl-benzeneethanamine;   N,N-alpha-trimethylphenethylamine).   e. Cathinone. Some trade or other names: 2-amino-1-phenyl-1-propanone, alpha-   aminopropiophenone, 2-aminopropiophenone, and norephedrone.   f. Aminorex. Some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline;   4,5-dihydro-5-phenyl-2-oxazolamine.   g. Methcathinone, its salts, optical isomers, and salts of optical isomers.  Some other names: 2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone;   2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone;   monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464;   AL-422; AL-463; and UR1432.   h. N-Benzylpiperazine. Some other names: BZP, 1-benzylpiperazine.   7. Exclusions. This section does not apply to any of the following:   a. Hemp as defined in section 204.2 that is or was produced in this state, or was produced in another state, in accordance with the provisions of chapter 204 with a maximum delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis.   b. A hemp product as provided in chapter 204 with a maximum tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis.   8. Peyote. Nothing in this chapter shall apply to peyote when used in bona fide religious ceremonies of the Native American Church; however, persons supplying the product to the church shall register, maintain appropriate records of receipts and disbursements of peyote, and otherwise comply with all applicable requirements of this chapter and rules adopted pursuant thereto.   9. Other substances. Any material, compound, mixture, or preparation which contains any quantity of the following substances or their optical, positional, and geometric isomers, salts, and salts of isomers:   a. 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one. Other names:  N-ethylpentylone or ephylone.   b. 2-(ethylamino)-1-phenylhexan-1-one). Other name: N-Ethylhexedrone.   c. Alpha-Pyrrolidinohexanophenone. Other names: alpha-PHP; alpha-  pyrrolidinohexiophenone; 1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one.   d. 4-Methyl-alpha-ethylaminopentiophenone. Other names: 4-MEAP; 2-(ethylamino)-1-  (4-methylphenyl)pentan-1-one.   e. 4-Methyl-alpha-pyrrolidinohexiophenone. Other names: MPHP; 4-methyl-alpha-  pyrrolidinohexanophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one.   f. alpha-Pyrrolidinoheptaphenone. Other names:  PV8; 1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one.   g. 4-Chloro-alpha-pyrrolidinovalerophenone. Other names: 4-chloro-alpha-PVP; 4-  chloro-alpha-pyrrolidinopentiophenonoe; 1-(4-chlorphenyl)-2-(pyrrolidin-1-yl)pentan-  1-one.   h. N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide. Other name: valeryl fentanyl.   i. N-(4-methyoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butryamide. Other name: para-  methoxybutyryl fentanyl.   j. N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide. Other name: para-  chloroisobutyryl fentanyl.   k. N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide. Other name: isobutyryl  fentanyl.   l. N-(1-phenethylpiperidin-4-yl)-N-phenylcylopentanecarboxamide. Other name:  cyclopentyl fentanyl.   m. Fentanyl-related substances. Fentanyl-related substance means any substance not otherwise listed under this schedule or another schedule, and for which no exemption or approval is in effect under section 505 of the federal Food, Drug, and Cosmetic Act that is structurally related to fentanyl by one or more of the following modifications:   (1) Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle.   (2) Substitution in or on the phenethyl group with alkyl, alkenyl, akloxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups.   (3) Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups.   (4) Replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle.   (5) Replacement of the N-propionyl group by another acyl group.   n. Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate. Other names: NM2201; CBL2201.   o. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide.  Other name: 5F-AB-PINACA.   p. 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide. Other names:  4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL-BUTINACA; 4-CN-CUMYL BINACA;  CUMYL-4CN-BINACA; SGT-78.   q. Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate. Other  names: MMB-CHMICA; AMB-CHMICA.   r. 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3-carboxamide.  Other name: 5F-CUMYL-P7AICA.   s. Ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate. Other  name: 5F-EDMB-PINACA.   t. Methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate. Other  name: 5F-MDMB-PICA.   u. N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide. Other names:  FUB-AKB48; FUB-APINACA, ADKB48 N-(4-FLUOROBENZYL).   v. 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide. Other names:  5F-CUMYL-PINACA; SGT-25.   w. (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl) methanone. Other  name: FUB-144.   x. N,N-diethyl-2-(2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine.  Other names: isotonitazene; N,N-diethyl-2-[[4-(1-methylethoxy)phenyl]-5-nitro-1H-  benzimidzole-1-ethanamine.*  [C73, 75, 77, 79, 81, 204.204; 82 Acts, ch 1044, 1, 2]  84 Acts, ch 1013, 4  8; 85 Acts, ch 86, 1, 2; 86 Acts, ch 1037, 1, 2; 87 Acts, ch 122, 1; 88 Acts, ch 1024, 1; 89 Acts, ch 109, 1, 2; 91 Acts, ch 8, 2  C93, 124.204  94 Acts, ch 1009, 2  8; 2000 Acts, ch 1140, 2  4; 2001 Acts, ch 58, 1; 2003 Acts, ch 53, 1  3; 2007 Acts, ch 8, 2  7; 2007 Acts, ch 10, 9  11; 2011 Acts, ch 131, 134  136; 2011 Acts, ch 134, 18, 27, 28; 2012 Acts, ch 1021, 122, 123, 141, 145, 146; 2012 Acts, ch 1122, 1, 8, 9, 11; 2014 Acts, ch 1056, 1, 2; 2016 Acts, ch 1081, 1, 2; 2017 Acts, ch 27, 1, 2, 11; 2017 Acts, ch 145, 28; 2018 Acts, ch 1138, 28, 31; 2019 Acts, ch 130, 22, 23, 33; 2020 Acts, ch 1023, 2  7, 13; 2021 Acts, ch 80, 61, 62; 2021 Acts, ch 93, 1  19, 38  Referred to in 29B.107A, 124.101, 124.201, 124.201A, 124.202, 124.303, 124.401, 124.410, 124.411, 124.506A, 321J.1, 411.6  *The chemical name N,N-diethyl-2-[[4-(1-methylethoxy)phenyl]methyl]-5-nitro-1H-benzimidzole-1-ethanamine probably intended; corrective legislation is pending  See Code editors note on simple harmonization at the beginning of this Code volume  Subsection 2, paragraphs f and az stricken and rewritten  Subsection 2, NEW paragraphs bf  bs  Subsection 4, unnumbered paragraph 1 amended  Subsection 4, paragraphs h, i, and k stricken and rewritten  Subsection 4, paragraph m amended  Subsection 4, paragraphs o, v, x, ac, and ad stricken and rewritten  Subsection 4, paragraph ai, subparagraph (5), subparagraph division (b), subparagraph subdivisions (i)  (viii) and (xv) stricken and rewritten  Subsection 4, paragraph aj stricken and rewritten  Subsection 4, NEW paragraphs av  br  Subsection 6, paragraph h stricken and rewritten  Subsection 6, paragraph i stricken  Subsection 7 amended  Subsection 9 stricken and rewritten 
124.205 Substances listed in schedule II  criteria.   1. The board shall recommend to the general assembly that the general assembly place a substance in schedule II if the substance is not already included therein and the board finds that:   a. The substance has high potential for abuse;   b. The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and   c. Abuse of the substance may lead to severe psychic or physical dependence.   2. If the board finds that any substance included in schedule II does not meet these criteria, the board shall recommend that the general assembly place the substance in a different schedule or remove the substance from the list of controlled substances, as appropriate.  [C73, 75, 77, 79, 81, 204.205]  C93, 124.205  2009 Acts, ch 41, 35 
124.206 Schedule II  substances included.   1. Schedule II consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.   2. Substances, vegetable origin or chemical synthesis. Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:   a. Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, naldemedine, nalmefene, naloxegol, naloxone, 6beta-naltrexol, and naltrexone, and their respective salts, but including the following:   (1) Raw opium.   (2) Opium extracts.   (3) Opium fluid.   (4) Powdered opium.   (5) Granulated opium.   (6) Tincture of opium.   (7) Codeine.   (8) Ethylmorphine.   (9) Etorphine hydrochloride.   (10) Hydrocodone, also known as dihydrocodeinone.   (11) Hydromorphone, also known as dihydromorphinone.   (12) Metopon.   (13) Morphine.   (14) Oxycodone.   (15) Oxymorphone.   (16) Thebaine.   (17) Dihydroetorphine.   (18) Oripavine.   (19) Noroxymorphone.   b. Any salt, compound, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph a, except that these substances shall not include the isoquinoline alkaloids of opium.   c. Opium poppy and poppy straw.   d. Coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives, and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical to any of such substances, except that the substances shall not include:   (1) Decocainized coca leaves or extractions of coca leaves, which extractions do not contain cocaine or ecgonine.   (2) [\123\I]ioflupane.   e. Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrene alkaloids of the opium poppy).   3. Opiates. Unless specifically excepted or unless listed in another schedule any of the following opiates, including its isomers, esters, ethers, salts and salts of isomers, esters and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:   a. Alphaprodine.   b. Alfentanyl.   c. Anileridine.   d. Bezitramide.   e. Bulk dextropropoxyphene (nondosage forms).   f. Carfentanil.   g. Dihydrocodeine.   h. Diphenoxylate.   i. Fentanyl.   j. Isomethadone.   k. Levomethorphan.   l. Levorphanol.   m. Metazocine.   n. Methadone.   o. Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl butane.   p. Moraide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid.   q. Pethidine (meperidine).   r. Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.   s. Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate.   t. Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid.   u. Phenazocine.   v. Piminodine.   w. Racemethorphan.   x. Racemorphan.   y. Sufentanil.   z. Levo-alphacetylmethadol. Some other names: levo-alpha-acetylmethadol,  levomethadyl acetate, LAAM.   aa. Remifentanil.   ab. Tapentadol.   ac. Thiafentanil.   ad. Oliceridine.   4. Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:   a. Amphetamine, its salts, optical isomers, and salts of its optical isomers.   b. Methamphetamine, its salts, isomers, and salts of its isomers.   c. Phenmetrazine and its salts.   d. Methylphenidate and its salts.   e. Lisdexamfetamine, its salts, isomers, and salts of its isomers.   5. Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:   a. Amobarbital.   b. Glutethimide.   c. Pentobarbital.   d. Phencyclidine.   e. Secobarbital.   6. Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:   a. Phenylacetone, an immediate precursor to amphetamine and methamphetamine. Some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone;  methyl benzyl ketone.   b. Immediate precursors to phencyclidine (PCP):   (1) 1-phenylcyclohexylamine.   (2) 1-piperidinocyclohexanecarbonitrile (PCC).   c. Immediate precursors to fentanyl:   (1) 4-anilino-N-phenethylpiperidine. Other name: ANPP.   (2) N-phenyl-N-(piperidin-4-yl)propionamide. Other name: norfentanyl.   7. Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:   a. Nabilone. Other name:  (+-)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-  hydroxy-6, 6-dimethyl-9H-dibenzo[b,d]pyran-9-one.   b. Dronabinol [(-)-delta-9-trans tetrahydrocannabinol] in an oral solution in a drug product approved for marketing by the United States food and drug administration.   8. The board, by rule, may except any compound, mixture, or preparation containing any stimulant listed in subsection 4 from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant effect on the central nervous system, and if the admixtures are included in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.  [C73, 75, 77, 79, 81, 204.206; 82 Acts, ch 1044, 3, 4]  84 Acts, ch 1013, 9; 85 Acts, ch 86, 3, 4; 86 Acts, ch 1037, 3  5; 87 Acts, ch 122, 2; 90 Acts, ch 1059, 1, 2; 91 Acts, ch 8, 3  C93, 124.206  94 Acts, ch 1009, 9, 10; 2000 Acts, ch 1140, 5  7; 2003 Acts, ch 53, 4, 5; 2007 Acts, ch 8, 8, 9; 2007 Acts, ch 10, 12, 13; 2008 Acts, ch 1010, 1, 2; 2010 Acts, ch 1046, 1; 2012 Acts, ch 1122, 2; 2017 Acts, ch 27, 3  5, 11; 2018 Acts, ch 1041, 40; 2018 Acts, ch 1138, 29, 31; 2020 Acts, ch 1023, 8, 13; 2021 Acts, ch 93, 20  26, 38  Referred to in 124.101, 124.201, 124.202, 124.303, 321J.1, 411.6  Subsection 2, paragraph a, unnumbered paragraph 1 amended  Subsection 2, paragraph a, NEW subparagraph (19)  Subsection 2, paragraph b amended  Subsection 3, paragraphs o, p, r, s, and t stricken and rewritten  Subsection 3, NEW paragraph ad  Subsection 6, paragraph c stricken and rewritten  Subsection 7 stricken and rewritten 
124.207 Substances listed in schedule III  criteria.   1. The board shall recommend to the general assembly that the general assembly place a substance in schedule III if the substance is not already included therein and the board finds that:   a. The substance has a potential for abuse which is less than that of the substances listed in schedules I and II;   b. The substance has currently accepted medical use in treatment in the United States; and   c. Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.   2. If the board finds that any substance included in schedule III does not meet these criteria, the board shall recommend that the general assembly place the substance in a different schedule or remove the substance from the list of controlled substances, as appropriate.  [C73, 75, 77, 79, 81, 204.207]  C93, 124.207  2009 Acts, ch 41, 36 
124.208 Schedule III  substances included.   1. Schedule III shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.   2. Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, positional, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:   a. Benzphetamine.   b. Chlorphentermine.   c. Clortermine.   d. Phendimetrazine.   3. Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:   a. Any compound, mixture or preparation containing amobarbital, secobarbital, pentobarbital or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedules.   b. Any suppository dosage form containing amobarbital, secobarbital, pentobarbital or any salt of any of these drugs and approved by the federal food and drug administration for marketing only as a suppository.   c. Any substance which contains any quantity of a derivative of barbituric acid or any salt thereof including but not limited to Fioricet.   d. Chlorhexadol.   e. Lysergic acid.   f. Lysergic acid amide.   g. Methyprylon.   h. Sulfondiethylmethane.   i. Sulfonethylmethane.   j. Sulfonmethane.   k. Tiletamine and zolazepam or any salt thereof, including the following:   (1) Some trade or other names for a tiletamine-zolazepam combination product: Telazol.   (2) Some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-  cyclohexanone.   (3) Some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-   trimethylpyraxolo-[3,4-e] [1,4]-diazepin-7(1H)-one, flupyrazapon.   l. Ketamine, its salts, isomers, and salts of isomers. Some other names for ketamine: (+-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone.   m. Any drug product containing gamma-hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the federal Food, Drug, and Cosmetic Act.   n. Embutramide.   o. Perampanel, its salts, isomers, and salts of isomers.   4. Nalorphine.   5. Narcotic drugs. Unless specifically excepted or unless listed in another schedule:   a. Any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:   (1) Not more than one point eight grams of codeine per one hundred milliliters or not more than ninety milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.   (2) Not more than one point eight grams of codeine per one hundred milliliters or not more than ninety milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.   (3) Not more than one point eight grams of dihydrocodeine per one hundred milliliters or not more than ninety milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.   (4) Not more than three hundred milligrams of ethylmorphine per one hundred milliliters or not more than fifteen milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.   (5) Not more than five hundred milligrams of opium per one hundred milliliters or per one hundred grams or not more than twenty-five milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.   (6) Not more than fifty milligrams of morphine per one hundred milliliters or per one hundred grams, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.   b. Any material, compound, mixture, or preparation containing the narcotic drug buprenorphine, or its salts.   6. Anabolic steroids. Unless specifically excepted in subsection 7 or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances, including their salts, esters, and ethers:   a. 3[beta],17-dihydroxy-5[alpha]-androstane.   b. 3[alpha],17[beta]-dihydroxy-5[alpha]-androstane.   c. 5[alpha]-androstan-3,17-dione.   d. 1-androstenediol(3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene).   e. 1-androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene).   f. 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene).   g. 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene).   h. 1-androstenedione ([5[alpha]]-androst-1-en-3,17-dione).   i. 4-androstenedione (androst-4-en-3,17-dione).   j. 5-androstenedione (androst-5-en-3,17-dione).   k. Bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one).   l. Boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one).   m. Calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one).   n. Clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one).   o. Dehydrochloromethyltestosterone (4-chloro-17[beta]-hydroxy-17[alpha]-methyl-  androst-1,4-dien-3-one).   p. [Delta]1-dihydrotestosterone (also known as 1-testosterone)(17[beta]-  hydroxy-5[alpha]-androst-1-en-3-one).   q. 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one).   r. Drostanolone (17[beta]-hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one).   s. Ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene).   t. Fluoxymesterone (9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-  4-en-3-one).   u. Formebolone (2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-  1,4-dien-3-one).   v. Furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan).   w. 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one.   x. 4-hydroxytestosterone (4,17[beta]-dihydroxy-androst-4-en-3-one).   y. 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxy-estr-4-en-3-one).   z. Mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5-androstan-3-one).   aa. Mesterolone (1[alpha]methyl-17[beta]-hydroxy-[5[alpha]]-androstan-3-one).   ab. Methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one).   ac. Methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene).   ad. Methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one).   ae. 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5[alpha]-androstane.   af. 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5[alpha]-androstane.   ag. 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene.   ah. 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-methyl-4-hydroxy-  17[beta]-hydroxyestr-4-en-3-one).   ai. Methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one).   aj. Methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9-11-trien-3-one).   ak. Methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one).   al. Mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one).   am. 17[alpha]-methyl-[Delta]1-dihydrotestosterone (17b[beta]-hydroxy-  17[alpha]-methyl-5[alpha]-androst-1-en-3-one) (also known as 17-[alpha]-methyl-1-   testosterone).   an. Nandrolone (17[beta]-hydroxyestr-4-en-3-one).   ao. 19-nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene).   ap. 19-nor-4-androstenediol (3[alpha],17[beta]-dihydroxyestr-4-ene).   aq. 19-nor-5-androstenediol (3[beta],17[beta]-dihydroxyestr-5-ene).   ar. 19-nor-5-androstenediol (3[alpha],17[beta]-dihydroxyestr-5-ene).   as. 19-nor-4-androstenedione (estr-4-en-3,17-dione).   at. 19-nor-5-androstenedione (estr-5-en-3,17-dione).   au. Norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one).   av. Norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one).   aw. Norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one).   ax. Normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one).   ay. Oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-[5[alpha]]-  androstan-3-one).   az. Oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one).   ba. Oxymetholone (17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-  [5[alpha]]-androstan-3-one).   bb. Stanozolol (17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-  eno[3,2-c]-pyrazole).   bc. Stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one).   bd. Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone).   be. Testosterone (17[beta]-hydroxyandrost-4-en-3-one).   bf. Tetrahydrogestrinone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-  4,9,11-trien-3-one).   bg. Trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one).   bh. Boldione (androsta-1,4-diene-3,17-dione).   bi. Desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol);  also known as madol.   bj. 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione).   bk. Methasterone (2[alpha],17[alpha]-dimethyl-5[alpha]-androstan-17[beta]-ol-3-one.   bl. Prostanozol (17[beta]-hydroxy-5[alpha]-androstano[3,2-c]pyrazole).   7. Exclusions  anabolic steroids. This section shall not apply to an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved for such administration. A person who prescribes, dispenses, or distributes such steroid for human use shall be considered to have prescribed, dispensed, or distributed an anabolic steroid subject to this section. This section shall not apply to estrogens, progestins, corticosteroids, or dehydroepiandrosterone.   8. The board by rule may except any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections 2 and 3 of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.   9. Hallucinogenic substances.   a. Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved for marketing by the United States food and drug administration. Other names: (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d]pyran-1-  ol; (-)-delta-9-(trans)-tetrahydrocannabinol.   b. Any drug product in tablet or capsule form containing natural dronabinol (derived from the cannabis plant) or synthetic dronabinol (produced from synthetic materials) for which an abbreviated new drug application (ANDA) has been approved by the United States food and drug administration under section 505(j) of the federal Food, Drug, and Cosmetic Act and which references as its listed drug the drug product identified in paragraph a.  [C73, 75, 77, 79, 81, 204.208; 82 Acts, ch 1044, 5]  84 Acts, ch 1013, 10; 88 Acts, ch 1024, 2; 91 Acts, ch 8, 4; 91 Acts, ch 37, 1  C93, 124.208  94 Acts, ch 1009, 11  13; 95 Acts, ch 6, 1; 2000 Acts, ch 1140, 8  10; 2001 Acts, ch 58, 2; 2003 Acts, ch 53, 6, 7; 2007 Acts, ch 8, 10  12; 2008 Acts, ch 1010, 3, 4; 2012 Acts, ch 1122, 3; 2014 Acts, ch 1056, 3, 4; 2017 Acts, ch 27, 6, 11; 2020 Acts, ch 1023, 9, 13; 2021 Acts, ch 93, 27  30, 38  Referred to in 124.201, 124.202, 124.303, 126.2  Subsection 2, unnumbered paragraph 1 amended  Subsection 6, paragraphs o, z, bj, and bl stricken and rewritten  Subsection 9, paragraph a amended  Subsection 9, paragraph c stricken 
124.209 Substances listed in schedule IV  criteria.   1. The board shall recommend to the general assembly that the general assembly place a substance in schedule IV if the substance is not already included therein and the board finds that:   a. The substance has a low potential for abuse when compared with the substances listed in schedule III;   b. The substance has currently accepted medical use in treatment in the United States; and   c. Abuse of the substance may lead to limited physical dependence or psychological dependence when compared with the substances listed in schedule III.   2. If the board finds that any substance included in schedule IV does not meet these criteria, the board shall recommend that the general assembly place the substance in a different schedule or remove the substance from the list of controlled substances, as appropriate.  [C73, 75, 77, 79, 81, 204.209]  C93, 124.209  2009 Acts, ch 41, 37 
124.210 Schedule IV  substances included.   1. Schedule IV shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.   2. Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:   a. Not more than one milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit.   b. Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-  propionoxybutane).   c. 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers and salts of these isomers (including tramadol).   3. Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:   a. Alprazolam.   b. Barbital.   c. Bromazepam.   d. Camazepam.   e. Carisoprodol.   f. Chloral betaine.   g. Chloral hydrate.   h. Chlordiazepoxide.   i. Clobazam.   j. Clonazepam.   k. Clorazepate.   l. Clotiazepam.   m. Cloxazolam.   n. Delorazepam.   o. Diazepam.   p. Dichloralphenazone.   q. Estazolam.   r. Ethchlorvynol.   s. Ethinamate.   t. Ethyl Loflazepate.   u. Fludiazepam.   v. Flunitrazepam.   w. Flurazepam.   x. Halazepam.   y. Haloxazolam.   z. Ketazolam.   aa. Loprazolam.   ab. Lorazepam.   ac. Lormetazepam.   ad. Mebutamate.   ae. Medazepam.   af. Meprobamate.   ag. Methohexital.   ah. Methylphenobarbital (mephobarbital).   ai. Midazolam.   aj. Nimetazepam.   ak. Nitrazepam.   al. Nordiazepam.   am. Oxazepam.   an. Oxazolam.   ao. Paraldehyde.   ap. Petrichloral.   aq. Phenobarbital.   ar. Pinazepam.   as. Prazepam.   at. Quazepam.   au. Temazepam.   av. Tetrazepam.   aw. Triazolam.   ax. Zaleplon.   ay. Zolpidem.   az. Zopiclone.   ba. Fospropofol.   bb. Alfaxalone.   bc. Suvorexant.   bd. Brexanolone.   be. Lemborexant.   bf. Remimazolam.   4. Fenfluramine. Any material, compound, mixture, or preparation which contains any quantity of fenfluramine, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible.   5. Lorcaserin. Any material, compound, mixture, or preparation which contains any quantity of lorcaserin, including its salts, isomers, and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible.   6. Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:   a. Cathine [(+)-norpseudoephedrine].   b. Diethylpropion.   c. Fencamfamin.   d. Fenproporex.   e. Mazindol.   f. Mefenorex.   g. Pemoline (including organometallic complexes and chelates thereof).   h. Phentermine.   i. Pipradrol.   j. SPA ((-)-1-dimethylamino-1,2-diphenylethane).   k. Modafinil.   l. Sibutramine.   m. Solriamfetol (2-amino-3-phenylpropyl carbamate; benzenepropanol, beta-amino-, carbamate (ester).   7. Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:   a. Pentazocine.   b. Butorphanol (including its optical isomers).   c. Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-  oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid) (including its optical isomers) and its salts, isomers, and salts of isomers.  [C73, 75, 204.210; C77, 79, 81, 204.208(6c), 204.210; 82 Acts, ch 1044, 6  10]  84 Acts, ch 1013, 11; 85 Acts, ch 86, 5; 87 Acts, ch 122, 3; 89 Acts, ch 109, 3  C93, 124.210  94 Acts, ch 1009, 14, 15; 2000 Acts, ch 1140, 11  14; 2002 Acts, ch 1108, 1; 2007 Acts, ch 8, 13, 14; 2010 Acts, ch 1046, 2; 2012 Acts, ch 1122, 4; 2014 Acts, ch 1056, 5; 2017 Acts, ch 27, 7  9, 11; 2020 Acts, ch 1023, 10, 11, 13; 2021 Acts, ch 93, 31, 38  Referred to in 124.201, 124.202, 124.303  Subsection 3, NEW paragraphs be and bf 
124.211 Schedule V  criteria.   1. The board shall recommend to the general assembly that the general assembly place a substance in schedule V if any substance is not already included therein and the board finds that:   a. The substance has a low potential for abuse when compared with the substances listed in schedule IV;   b. The substance has currently accepted medical use in treatment in the United States; and   c. The substance has limited physical dependence or psychological dependence liability when compared with the controlled substances listed in schedule IV.   2. If the board finds that any substance included in schedule V does not meet these criteria, the board shall recommend that the general assembly place the substance in a different schedule or remove the substance from the list of controlled substances, as appropriate.  [C73, 75, 77, 79, 81, 204.211]  C93, 124.211  2009 Acts, ch 41, 38 
124.212 Schedule V  substances included.   1. Schedule V shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.   2. Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:   a. Not more than two hundred milligrams of codeine per one hundred milliliters or per one hundred grams.   b. Not more than one hundred milligrams of dihydrocodeine per one hundred milliliters or per one hundred grams.   c. Not more than one hundred milligrams of ethylmorphine per one hundred milliliters or per one hundred grams.   d. Not more than two point five milligrams of diphenoxylate and not less than twenty-five micrograms of atropine sulfate per dosage unit.   e. Not more than one hundred milligrams of opium per one hundred milliliters or per one hundred grams.   f. Not more than point five milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit.   3. Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of pyrovalerone, including its salts, isomers, and salts of isomers.   4. Precursors to amphetamine and methamphetamine. Unless specifically excepted in paragraph d or e or listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following precursors to amphetamine or methamphetamine, including their salts, optical isomers, and salts of their optical isomers:   a. Ephedrine.   b. Phenylpropanolamine.   c. Pseudoephedrine. A person shall present a government-issued photo identification card when purchasing a pseudoephedrine product from a pharmacy. A person shall not purchase a quantity of pseudoephedrine in violation of section 124.213 from a pharmacy, unless the person has a prescription for a pseudoephedrine product in excess of that quantity. A pseudoephedrine product not excepted from this schedule shall be sold by a pharmacy as provided in section 124.212A.   d. Any product that contains three hundred sixty milligrams or less of pseudoephedrine, its salts, optical isomers, and salts of its optical isomers, which is in liquid, liquid capsule, or liquid-filled gel capsule form, is excepted from this schedule and may be warehoused, distributed, and sold over the counter pursuant to section 126.23A.   e. A pseudoephedrine product warehoused by a distributor located in this state which is warehoused for export to a retailer outside this state is excepted from this schedule. A distributor warehousing and exporting a pseudoephedrine product shall register with the board and comply with any rules adopted by the board and relating to the diversion of pseudoephedrine products from legitimate commerce.   5. Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of any of the following substances having a depressant effect on the central nervous system, including salts of such substances:   a. Ezogabine [N-[2-amino-4(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester].   b. Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide].   c. Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].   d. Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide), including its salts. Other names: BRV, UCB-34714, Briviact.   e. Cenobamate. Other names: [(1R)-1-(2-chlorophenyl)-2-(tetrazol-  2-yl)ethyl] carbamate; 2H-tetrazole-2-ethanol, alpha-(2-chlorphenyl)-, carbamate (ester),  (alphaR)-; carbamic acid (R)-(+)-1-(2-chlorophenyl)-2-(2H-tetrazol-2-yl)ethyl ester.  [C73, 75, 77, 79, 81, 204.212]  84 Acts, ch 1013, 12; 85 Acts, ch 86, 6; 89 Acts, ch 109, 4  C93, 124.212  94 Acts, ch 1009, 16, 17; 97 Acts, ch 77, 1; 2000 Acts, ch 1140, 15, 16; 2003 Acts, ch 53, 8; 2005 Acts, ch 15, 1, 14; 2005 Acts, ch 179, 56; 2007 Acts, ch 8, 15, 16; 2009 Acts, ch 25, 2; 2010 Acts, ch 1046, 3; 2012 Acts, ch 1122, 5; 2017 Acts, ch 27, 10, 11; 2020 Acts, ch 1023, 12, 13; 2021 Acts, ch 93, 32  34, 38  Referred to in 124.201, 124.202, 124.303, 126.23A  Subsection 5, paragraph a stricken and rewritten  Subsection 5, NEW paragraph e  Subsection 6 stricken 
124.212A Pharmacy pseudoephedrine sale  restrictions  records  contingent applicability.   A pharmacy, an employee of a pharmacy, or a licensed pharmacist shall do the following:   1. Provide for the sale of a pseudoephedrine product from a locked cabinet or behind the sales counter where the public is unable to reach the product and where the public is not permitted.   2. Require the purchaser to present a government-issued photo identification card identifying the purchaser prior to purchasing a pseudoephedrine product.   3. Provide an electronic logbook for purchasers of pseudoephedrine products to sign.   4. Require the purchaser to sign the electronic logbook. If the electronic logbook is not available, require a signature that is associated with a transaction number.   5. Enter the purchasers name, address, date of purchase, time of purchase, name of the pseudoephedrine product purchased, and the quantity sold in the electronic logbook. If the electronic logbook is unavailable, an alternative record shall be kept that complies with the rules adopted by both the office and the board.   6. Determine that the signature in the electronic logbook corresponds with the name on the government-issued photo identification card.   7. Provide notice that a purchaser entering a false statement or misrepresentation in the electronic logbook may subject the purchaser to criminal penalties under 18 U.S.C. 1001.   8. Keep electronic logbook records and any other records obtained from pseudoephedrine purchases if the electronic logbook is unavailable for twenty-four months from the date of the last entry.   9. Disclose electronic logbook information and any other pseudoephedrine purchase records as provided by state and federal law.   10. Comply with training requirements pursuant to federal law.  2009 Acts, ch 25, 3, 9; 2010 Acts, ch 1061, 23  Referred to in 124.212 
124.212B Pseudoephedrine sales  tracking  penalty.   1. The office shall establish a real-time electronic repository to monitor and control the sale of schedule V products containing any detectable amount of pseudoephedrine, its salts, or optical isomers, or salts of optical isomers; ephedrine; or phenylpropanolamine. A pharmacy dispensing such products shall report all such sales electronically to a central repository under the control of the office.   2. The information collected in the central repository is confidential unless otherwise ordered by a court, or released by the lawful custodian of the records pursuant to state or federal law.   3. A pharmacy, an employee of a pharmacy, or a licensed pharmacist shall not be provided access to the stored information in the electronic central repository. However, a pharmacy, an employee of a pharmacy, or a licensed pharmacist shall be provided access to the stored information for the limited purpose of determining what sales have been made by the pharmacy. A pharmacy, an employee of a pharmacy, or a licensed pharmacist shall not be given the obligation or duty to view the stored information.   4. A pharmacy, or an employee of a pharmacy, or a licensed pharmacist shall not be given the obligation or duty to seek information from the central repository if the real-time electronic logbook becomes unavailable for use.   5. If the electronic logbook is unavailable for use, a paper record for each sale shall be maintained including the purchasers signature. Any paper record maintained by the pharmacy shall be provided to the office for inclusion in the electronic real-time central repository as soon as practicable.   6. A pharmacy, or an employee of a pharmacy, or a licensed pharmacist shall not be liable, if acting reasonably and in good faith, to any person for any claim which may arise when reporting sales of products enumerated in subsection 1 to the central repository.   7. A person who discloses information stored in the central repository in violation of this section commits a simple misdemeanor.   8. Both the office and the board shall adopt rules to administer this section.   9. The office shall report to the board on an annual basis, beginning January 1, 2010, regarding the repository, including the effectiveness of the repository in discovering unlawful sales of pseudoephedrine products.  2009 Acts, ch 25, 4, 9; 2010 Acts, ch 1069, 13 
124.212C Pseudoephedrine advisory council  electronic monitoring. Repealed by 2013 Acts, ch 68, 2. 
124.213 Pseudoephedrine purchase restrictions from pharmacy or retailer  penalty.   1. A person shall not purchase more than three thousand six hundred milligrams of pseudoephedrine, either separately or collectively, within a twenty-four-hour period from a pharmacy, or more than one package of a product containing pseudoephedrine within a twenty-four-hour period from a retailer in violation of section 126.23A.   2. A person shall not purchase more than seven thousand five hundred milligrams of pseudoephedrine, either separately or collectively, within a thirty-day period from a pharmacy or from a retailer in violation of section 126.23A.   3. A person who violates this section commits a serious misdemeanor.  2005 Acts, ch 15, 2, 14; 2009 Acts, ch 25, 6  Referred to in 124.212 
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124.301 Rules.   The board may, subject to chapter 17A, promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state.  [C73, 75, 77, 79, 81, 204.301]  C93, 124.301  Referred to in 147.82, 155A.43 
124.302 Registration requirements.   1. Every person who manufactures, distributes, dispenses, or conducts research with any controlled substance in this state or who proposes to engage in the manufacture, distribution, or dispensing of or conducting research with any controlled substance within this state, shall obtain and maintain a registration issued by the board in accordance with the boards rules.   2. Persons registered by the board under this chapter to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this subchapter.   3. The following persons need not register and may lawfully possess controlled substances under this chapter:   a. An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if the agent or employee is acting in the usual course of the agents or employees business or employment.   b. A common or contract carrier or warehouse operator, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment.   c. An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in possession of a schedule V substance.   4. A separate registration is required for each principal place of business or professional practice where the applicant manufactures, distributes, dispenses, or conducts research with controlled substances.   5. The board may inspect the establishment of a registrant or applicant for registration in accordance with the boards rules.  [C24, 27, 31, 35, 3155; C39, 3169.03, 3169.12; C46, 50, 54, 58, 62, 66, 71, 204.03, 204.12; C73, 75, 77, 79, 81, 204.302]  91 Acts, ch 233, 5  C93, 124.302  2017 Acts, ch 54, 76; 2018 Acts, ch 1138, 24; 2019 Acts, ch 59, 47  Referred to in 124.417, 124.557 
124.303 Registration.   1. The board shall register an applicant to manufacture or distribute controlled substances included in sections 124.204, 124.206, 124.208, 124.210 and 124.212 unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider all of the following factors:   a. Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels.   b. Compliance with applicable state and local law.   c. Any convictions of the applicant under any federal and state laws relating to any controlled substance.   d. Past experience in the manufacture or distribution of controlled substances, and the existence in the applicants establishment of effective controls against diversion.   e. Furnishing by the applicant of false or fraudulent material in any application filed under this chapter.   f. Suspension or revocation of the applicants federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law.   g. Any other factors relevant to and consistent with the public health and safety.   2. Registration under subsection 1 of this section does not entitle a registrant to manufacture and distribute controlled substances in schedule I or II other than those specified in the registration.   3. Practitioners shall be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II through V if they are authorized to dispense or conduct research under the law of this state. The board need not require separate registration under this subchapter for practitioners engaging in research with nonnarcotic controlled substances in schedules II through V where the registrant is already registered under this subchapter in another capacity. Practitioners registered under federal law to conduct research with schedule I substances may conduct research in schedule I substances within this state upon furnishing the board evidence of the federal registration.   4. Compliance by manufacturers and distributors with the provisions of the federal law respecting registration, excluding fees, entitles them to be registered under this chapter.  [C73, 75, 77, 79, 81, 204.303]  C93, 124.303  2017 Acts, ch 54, 76  Referred to in 124.304 
124.304 Revocation, suspension, or restriction of registration.   1. The board may suspend, revoke, or restrict a registration under section 124.303, or otherwise discipline a registrant, upon a finding that any of the following apply to the registrant:   a. The registrant has furnished false or fraudulent material information in any application filed under this chapter or any other chapter which applies to the registrant or the registrants practice.   b. The registrant has had the registrants federal registration to manufacture, distribute, dispense, or conduct research with controlled substances suspended, revoked, or restricted.   c. The registrant has been convicted of a public offense under any state or federal law relating to any controlled substance. For the purpose of this section only, a conviction shall include a plea of guilty, a forfeiture of bail or collateral deposited to secure a defendants appearance in court which forfeiture has not been vacated, or a finding of guilt in a criminal action even though the entry of the judgment or sentence has been withheld and the individual placed on probation.   d. The registrant has committed such acts as would render the registrants registration under section 124.303 inconsistent with the public interest as determined under that section.   e. If the registrant is a licensed health care professional, the registrant has had the registrants professional license revoked or suspended or has been otherwise disciplined in a way that restricts the registrants authority to handle or prescribe controlled substances.   2. The board may limit revocation, suspension, or restriction of a registration or discipline of a registrant to the particular controlled substance with respect to which grounds for revocation, suspension, restriction, or discipline exist.   3. If the board suspends, revokes, or restricts a registration, or otherwise disciplines a registrant, all controlled substances owned or possessed by the registrant at the time of the suspension, revocation, restriction, or discipline, or at the time of the effective date of the order, may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon an order becoming final, all such controlled substances may be forfeited to the state.   4. The board shall promptly notify the bureau and the department of all orders suspending, revoking, or restricting a registration, or otherwise disciplining a registrant.  [C39, 3169.04; C46, 50, 54, 58, 62, 66, 71, 204.4; C73, 75, 77, 79, 81, 204.304]  91 Acts, ch 233, 6  C93, 124.304  2003 Acts, ch 53, 9; 2018 Acts, ch 1138, 25, 26 
124.305 Contested case proceedings.   1. Prior to suspending, restricting, or revoking a registration, refusing a renewal of registration, or otherwise disciplining a registrant, the board shall serve upon the registrant a notice in accordance with section 17A.12, subsection 1. The proceedings shall comply with the contested case procedures in accordance with chapter 17A. The proceedings shall also be conducted without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.   2. The board may suspend any registration while simultaneously pursuing emergency adjudicative proceedings in accordance with section 17A.18A, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, under the provisions of the Iowa administrative procedure Act, chapter 17A, unless sooner withdrawn by the board or dissolved by the order of the district court or an appellate court.  [C73, 75, 77, 79, 81, 204.305]  C93, 124.305  2003 Acts, ch 44, 114; 2018 Acts, ch 1138, 27 
124.306 Records of registrants.   1. a. Persons registered to manufacture, distribute, dispense, or administer controlled substances under this chapter shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with such additional rules as may be issued by the board. A practitioner who engages in dispensing any controlled substance to the practitioners patients shall keep records of receipt and disbursements of such drugs, including dispensing or other disposition, and information as to controlled substances stolen, lost, or destroyed. In every such case the records of controlled substance received shall show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received. The record of all controlled substances dispensed or otherwise disposed of shall show the date of dispensing, the name and address of the person to whom or for whose use, or the owner and species of animal for which the drugs were dispensed and the kind and quantity of drugs dispensed.   b. Every such record shall be kept for a period of two years from the date of the transaction recorded. Records of controlled substances lost, destroyed, or stolen, shall contain a detailed list of the kind and quantity of such drugs and the date of the discovery of such loss, destruction, or theft.   2. No person shall distribute complimentary packages of controlled substances to a practitioner unless that person prepares and leaves with the practitioner a specific written list of the items so distributed. This list shall be prepared on a form prescribed by rules promulgated by the board, and the person who distributes the items listed shall send a copy of the list to the board as soon as practicable after distribution of the complimentary packages to the practitioner.  [C39, 3169.09; C46, 50, 54, 58, 62, 66, 204.9; C71, 204.9, 204A.4; C73, 75, 77, 79, 81, 204.306]  C93, 124.306  2017 Acts, ch 54, 28 
124.307 Order forms.   Controlled substances in schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.  [C24, 27, 31, 35, 3154, 3155; C39, 3169.05; C46, 50, 54, 58, 62, 66, 71, 204.5; C73, 75, 77, 79, 81, 204.307]  C93, 124.307  Referred to in 124.403 
124.308 Prescriptions.   1. Except when dispensed directly by a practitioner to an ultimate user, a prescription drug as defined in section 155A.3 that is a controlled substance shall not be dispensed without a prescription. The prescription must be authorized by a practitioner and must comply with this section, section 155A.27, applicable federal law and regulation, and rules of the board.   2. a. Beginning January 1, 2020, every prescription issued for a controlled substance shall be transmitted electronically as an electronic prescription pursuant to the requirements in subsection 2, paragraph b, unless exempt under subsection 2, paragraph c.   b. Except for prescriptions identified in paragraph c, a prescription that is transmitted pursuant to paragraph a shall be transmitted to a pharmacy by a practitioner or the practitioners authorized agent in compliance with federal law and regulation for electronic prescriptions of controlled substances. The practitioners electronic prescription system and the receiving pharmacys dispensing system shall comply with federal law and regulation for electronic prescriptions of controlled substances.   c. Paragraph b shall not apply to any of the following:   (1) A prescription for a patient residing in a nursing home, long-term care facility, correctional facility, or jail.   (2) A prescription authorized by a licensed veterinarian.   (3) A prescription dispensed by a department of veterans affairs pharmacy.   (4) A prescription requiring information that makes electronic submission impractical, such as complicated or lengthy directions for use or attachments.   (5) A prescription for a compounded preparation containing two or more components.   (6) A prescription issued in response to a public health emergency in a situation where a non-patient specific prescription would be permitted.   (7) A prescription issued pursuant to an established and valid collaborative practice agreement, standing order, or drug research protocol.   (8) A prescription issued during a temporary technical or electronic failure at the practitioners or pharmacys location, provided that a prescription issued pursuant to this subparagraph shall indicate on the prescription that the practitioner or pharmacy is experiencing a temporary technical or electronic failure.   (9) A prescription issued in an emergency situation pursuant to federal law and regulation rules of the board.   d. A practitioner, as defined in section 124.101, subsection 27, paragraph a, who violates paragraph a is subject to an administrative penalty of two hundred fifty dollars per violation, up to a maximum of five thousand dollars per calendar year. The assessment of an administrative penalty pursuant to this paragraph by the appropriate licensing board of the practitioner alleged to have violated paragraph a shall not be considered a disciplinary action or reported as discipline. A practitioner may appeal the assessment of an administrative penalty pursuant to this paragraph, which shall initiate a contested case proceeding under chapter 17A. A penalty collected pursuant to this paragraph shall be deposited into the drug information program fund established pursuant to section 124.557. The board shall be notified of any administrative penalties assessed by the appropriate professional licensing board and deposited into the drug information program fund under this paragraph.   e. A pharmacist who receives a written, oral, or facsimile prescription shall not be required to verify that the prescription is subject to an exception under paragraph c and may dispense a prescription drug pursuant to an otherwise valid written, oral, or facsimile prescription. However, a pharmacist shall exercise professional judgment in identifying and reporting suspected violations of this section to the board or the appropriate professional licensing board of the practitioner.   3. A prescription issued prior to January 1, 2020, or a prescription that is exempt from the electronic prescription requirement in subsection 2, paragraph c, may be transmitted by a practitioner or the practitioners authorized agent to a pharmacy in any of the following ways:   a. Electronically, if transmitted in accordance with the requirements for electronic prescriptions pursuant to subsection 2.   b. By facsimile for a schedule III, IV, or V controlled substance, or for a schedule II controlled substance only pursuant to federal law and regulation and rules of the board.   c. Orally for a schedule III, IV, or V controlled substance, or for a schedule II controlled substance only in an emergency situation pursuant to federal regulation and rules of the board.   d. By providing an original signed prescription to a patient or a patients authorized representative.   4. If permitted by federal law and in accordance with federal requirements, an electronic or facsimile prescription shall serve as the original signed prescription and the practitioner shall not provide a patient, a patients authorized representative, or the dispensing pharmacy with a signed, written prescription. An original signed prescription shall be retained for a minimum of two years from the date of the latest dispensing or refill of the prescription.   5. A prescription for a schedule II controlled substance shall not be filled more than six months after the date of issuance. A prescription for a schedule II controlled substance shall not be refilled.   6. A prescription for a schedule III, IV, or V controlled substance shall not be filled or refilled more than six months after the date on which the prescription was issued or be refilled more than five times.   7. A controlled substance shall not be distributed or dispensed other than for a medical purpose.   8. A practitioner, medical group, or pharmacy that is unable to timely comply with the electronic prescribing requirements in subsection 2, paragraph b, may petition the board for an exemption from the requirements based upon economic hardship, technical limitations that the practitioner, medical group, or pharmacy cannot control, or other exceptional circumstances. The board shall adopt rules establishing the form and specific information to be included in a request for an exemption and the specific criteria to be considered by the board in determining whether to approve a request for an exemption. The board may approve an exemption for a period of time determined by the board not to exceed one year from the date of approval, and may be renewed annually upon request subject to board approval.  [C39, 3169.06; C46, 50, 54, 58, 62, 66, 204.6; C71, 204.6, 204A.7; C73, 75, 77, 79, 81, 204.308]  87 Acts, ch 215, 44  C93, 124.308  2004 Acts, ch 1036, 2, 3; 2005 Acts, ch 3, 29; 2007 Acts, ch 8, 17; 2018 Acts, ch 1138, 10; 2019 Acts, ch 59, 48  Referred to in 124.402, 155A.29  Drug dispensing and prescriptions, see 147.107, 205.3 
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124.401 Prohibited acts  manufacture, delivery, possession  counterfeit substances, simulated controlled substances, imitation controlled substances  penalties.   1. Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with the intent to manufacture or deliver, a controlled substance, a counterfeit substance, a simulated controlled substance, or an imitation controlled substance, or to act with, enter into a common scheme or design with, or conspire with one or more other persons to manufacture, deliver, or possess with the intent to manufacture or deliver a controlled substance, a counterfeit substance, a simulated controlled substance, or an imitation controlled substance.   a. Violation of this subsection, with respect to the following controlled substances, counterfeit substances, simulated controlled substances, or imitation controlled substances, is a class B felony, and notwithstanding section 902.9, subsection 1, paragraph b, shall be punished by confinement for no more than fifty years and a fine of not more than one million dollars:   (1) More than one kilogram of a mixture or substance containing a detectable amount of heroin.   (2) More than five hundred grams of a mixture or substance containing a detectable amount of any of the following:   (a) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine and their salts have been removed.   (b) Cocaine, its salts, optical and geometric isomers, or salts of isomers.   (c) Ecgonine, its derivatives, their salts, isomers, or salts of isomers.   (d) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraph divisions (a) through (c).   (3) More than two hundred grams of a mixture or substance described in subparagraph (2) which contains cocaine base.   (4) More than one hundred grams of phencyclidine (PCP) or one kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP).   (5) More than ten grams of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD).   (6) More than one thousand kilograms of a mixture or substance containing a detectable amount of marijuana.   (7) More than five kilograms of a mixture or substance containing a detectable amount of any of the following:   (a) Methamphetamine, its salts, isomers, or salts of isomers.   (b) Amphetamine, its salts, isomers, and salts of isomers.   (c) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraph divisions (a) and (b).   (8) More than ten kilograms of a mixture or substance containing any detectable amount of those substances identified in section 124.204, subsection 9.   b. Violation of this subsection with respect to the following controlled substances, counterfeit substances, simulated controlled substances, or imitation controlled substances is a class B felony, and in addition to the provisions of section 902.9, subsection 1, paragraph b, shall be punished by a fine of not less than five thousand dollars nor more than one hundred thousand dollars:   (1) More than one hundred grams but not more than one kilogram of a mixture or substance containing a detectable amount of heroin.   (2) More than one hundred grams but not more than five hundred grams of any of the following:   (a) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine and their salts have been removed.   (b) Cocaine, its salts, optical and geometric isomers, or salts of isomers.   (c) Ecgonine, its derivatives, their salts, isomers, or salts of isomers.   (d) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraph divisions (a) through (c).   (3) More than forty grams but not more than two hundred grams of a mixture or substance described in subparagraph (2) which contains cocaine base.   (4) More than ten grams but not more than one hundred grams of phencyclidine (PCP) or more than one hundred grams but not more than one kilogram of a mixture or substance containing a detectable amount of phencyclidine (PCP).   (5) Not more than ten grams of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD).   (6) More than one hundred kilograms but not more than one thousand kilograms of marijuana.   (7) More than five grams but not more than five kilograms of methamphetamine, its salts, isomers, or salts of isomers, or analogs of methamphetamine, or any compound, mixture, or preparation which contains any quantity or detectable amount of methamphetamine, its salts, isomers, or salts of isomers, or analogs of methamphetamine.   (8) More than five grams but not more than five kilograms of amphetamine, its salts, isomers, or salts of isomers, or any compound, mixture, or preparation which contains any quantity or detectable amount of amphetamine, its salts, isomers, or salts of isomers.   (9) More than five kilograms but not more than ten kilograms of a mixture or substance containing any detectable amount of those substances identified in section 124.204, subsection 9.   c. Violation of this subsection with respect to the following controlled substances, counterfeit substances, simulated controlled substances, or imitation controlled substances is a class C felony, and in addition to the provisions of section 902.9, subsection 1, paragraph d, shall be punished by a fine of not less than one thousand dollars nor more than fifty thousand dollars:   (1) One hundred grams or less of a mixture or substance containing a detectable amount of heroin.   (2) One hundred grams or less of any of the following:   (a) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine and their salts have been removed.   (b) Cocaine, its salts, optical and geometric isomers, or salts of isomers.   (c) Ecgonine, its derivatives, their salts, isomers, or salts of isomers.   (d) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraph divisions (a) through (c).   (3) Forty grams or less of a mixture or substance described in subparagraph (2) which contains cocaine base.   (4) Ten grams or less of phencyclidine (PCP) or one hundred grams or less of a mixture or substance containing a detectable amount of phencyclidine (PCP).   (5) More than fifty kilograms but not more than one hundred kilograms of marijuana.   (6) Five grams or less of methamphetamine, its salts, isomers, or salts of isomers, or analogs of methamphetamine, or any compound, mixture, or preparation which contains any quantity or detectable amount of methamphetamine, its salts, isomers, or salts of isomers, or analogs of methamphetamine.   (7) Five grams or less of amphetamine, its salts, isomers, or salts of isomers, or any compound, mixture, or preparation which contains any quantity or detectable amount of amphetamine, its salts, isomers, or salts of isomers.   (8) Five kilograms or less of a mixture or substance containing any detectable amount of those substances identified in section 124.204, subsection 9.   (9) Any other controlled substance, counterfeit substance, simulated controlled substance, or imitation controlled substance classified in schedule I, II, or III, except as provided in paragraph d.   d. Violation of this subsection, with respect to any other controlled substances, counterfeit substances, simulated controlled substances, or imitation controlled substances classified in schedule IV or V is an aggravated misdemeanor. However, violation of this subsection involving fifty kilograms or less of marijuana or involving flunitrazepam is a class D felony.   e. A person in the immediate possession or control of a firearm while participating in a violation of this subsection shall be sentenced to two times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or suspended.   f. A person in the immediate possession or control of an offensive weapon, as defined in section 724.1, while participating in a violation of this subsection, shall be sentenced to three times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or suspended.   2. If the same person commits two or more acts which are in violation of subsection 1 and the acts occur in approximately the same location or time period so that the acts can be attributed to a single scheme, plan, or conspiracy, the acts may be considered a single violation and the weight of the controlled substances, counterfeit substances, simulated controlled substances, or imitation controlled substances involved may be combined for purposes of charging the offender.   3. It is unlawful for any person to sell, distribute, or make available any product containing ephedrine, its salts, optical isomers, salts of optical isomers, or analogs of ephedrine, or pseudoephedrine, its salts, optical isomers, salts of optical isomers, or analogs of pseudoephedrine, if the person knows, or should know, that the product may be used as a precursor to any illegal substance or an intermediary to any controlled substance. A person who violates this subsection commits a serious misdemeanor.   4. A person who possesses any product containing any of the following commits a class D felony, if the person possesses with the intent that the product be used to manufacture any controlled substance:   a. Ephedrine, its salts, optical isomers, salts of optical isomers, or analogs of ephedrine.   b. Pseudoephedrine, its salts, optical isomers, salts of optical isomers, or analogs of pseudoephedrine.   c. Ethyl ether.   d. Anhydrous ammonia.   e. Red phosphorus.   f. Lithium.   g. Iodine.   h. Thionyl chloride.   i. Chloroform.   j. Palladium.   k. Perchloric acid.   l. Tetrahydrofuran.   m. Ammonium chloride.   n. Magnesium sulfate.   o. Sodium hydroxide.   p. Ammonia nitrate.   q. Ammonia sulfate.   r. Light or medium petroleum distillates.   5. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioners professional practice, or except as otherwise authorized by this chapter. Any person who violates this subsection is guilty of a serious misdemeanor for a first offense. A person who commits a violation of this subsection and who has previously been convicted of violating this chapter or chapter 124B or 453B, or chapter 124A as it existed prior to July 1, 2017, is guilty of an aggravated misdemeanor. A person who commits a violation of this subsection and has previously been convicted two or more times of violating this chapter or chapter 124B or 453B, or chapter 124A as it existed prior to July 1, 2017, is guilty of a class D felony.   If the controlled substance is marijuana, the punishment shall be by imprisonment in the county jail for not more than six months or by a fine of not more than one thousand dollars, or by both such fine and imprisonment for a first offense. If the controlled substance is marijuana and the person has been previously convicted of a violation of this subsection in which the controlled substance was marijuana, the punishment shall be as provided in section 903.1, subsection 1, paragraph b. If the controlled substance is marijuana and the person has been previously convicted two or more times of a violation of this subsection in which the controlled substance was marijuana, the person is guilty of an aggravated misdemeanor.   A person may knowingly or intentionally recommend, possess, use, dispense, deliver, transport, or administer cannabidiol if the recommendation, possession, use, dispensing, delivery, transporting, or administering is in accordance with the provisions of chapter 124E. For purposes of this paragraph, cannabidiol means the same as defined in section 124E.2.   All or any part of a sentence imposed pursuant to this subsection may be suspended and the person placed upon probation upon such terms and conditions as the court may impose including the active participation by such person in a drug treatment, rehabilitation or education program approved by the court.   If a person commits a violation of this subsection, the court shall order the person to serve a term of imprisonment of not less than forty-eight hours. Any sentence imposed may be suspended, and the court shall place the person on probation upon such terms and conditions as the court may impose. If the person is not sentenced to confinement under the custody of the director of the department of corrections, the terms and conditions of probation shall require submission to random drug testing. If the person fails a drug test, the court may transfer the persons placement to any appropriate placement permissible under the court order.   If the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court shall order the person to serve a term of imprisonment of not less than forty-eight hours. Any sentence imposed may be suspended, and the court shall place the person on probation upon such terms and conditions as the court may impose. The court may place the person on intensive probation. However, the terms and conditions of probation shall require submission to random drug testing. If the person fails a drug test, the court may transfer the persons placement to any appropriate placement permissible under the court order.   6. Notwithstanding any other provision in this section to the contrary, a person may produce, possess, use, harvest, handle, manufacture, market, transport, deliver, or distribute any of the following:   a. Hemp that is hemp seed delivered for planting at a licensed crop site, or hemp that is or was produced at the site, by a person operating under a hemp license issued by the department of agriculture and land stewardship in accordance with the provisions of chapter 204.   b. Hemp that was produced in another state in accordance with the federal hemp law and other applicable law.   c. A hemp product as provided in chapter 204.  [C51, 2728; R60, 4374; C73, 4038; C97, 2593, 5003; S13, 2593, 2596-a; C24, 27, 31, 35, 3152, 3168, 3169; C39, 3169.02, 3169.21; C46, 50, 54, 58, 62, 204.2, 204.22; C66, 204.2, 204.20; C71, 204.2, 204.20, 204A.3, 204A.10; C73, 75, 77, 79, 81, 204.401; 82 Acts, ch 1147, 2]  84 Acts, ch 1013, 13, 14; 84 Acts, ch 1105, 2, 3; 89 Acts, ch 225, 11; 90 Acts, ch 1233, 7  C93, 124.401  94 Acts, ch 1107, 7; 96 Acts, ch 1164, 1  4; 97 Acts, ch 122, 1  3; 98 Acts, ch 1138, 24, 25; 99 Acts, ch 12, 2, 3; 99 Acts, ch 65, 1; 2000 Acts, ch 1144, 1; 2000 Acts, ch 1201, 4; 2003 Acts, ch 16, 1; 2003 Acts, ch 156, 1  7; 2004 Acts, ch 1057, 1; 2004 Acts, ch 1086, 32; 2006 Acts, ch 1030, 12; 2007 Acts, ch 8, 18; 2007 Acts, ch 126, 24; 2009 Acts, ch 41, 263; 2011 Acts, ch 134, 19, 20, 47; 2012 Acts, ch 1023, 23; 2012 Acts, ch 1122, 10, 11; 2013 Acts, ch 30, 25, 236  238; 2014 Acts, ch 1082, 1; 2014 Acts, ch 1125, 1; 2015 Acts, ch 30, 53, 207; 2017 Acts, ch 122, 7  9; 2017 Acts, ch 145, 4  10, 24  27; 2017 Acts, ch 162, 2, 25; 2018 Acts, ch 1026, 39, 182; 2019 Acts, ch 130, 24, 33  Referred to in 124.401E, 124.401G, 124.409, 124.410, 124.411, 124.413, 124.416, 124.418, 155A.24, 232.8, 232.22, 232.52, 321.279, 462A.34B, 712.1, 723A.1, 726.6, 809A.4, 811.1, 901.10, 901.11, 901.12, 907.3  Sale, transfer, furnishing, or receipt of precursor for unlawful purpose, see 124B.9 
124.401A Enhanced penalty for manufacture or distribution to persons on certain real property.   In addition to any other penalties provided in this chapter, a person who is eighteen years of age or older who unlawfully manufactures with intent to distribute, distributes, or possesses with intent to distribute a substance or counterfeit substance listed in schedule I, II, or III, or a simulated or imitation controlled substance represented to be a controlled substance classified in schedule I, II, or III, to another person who is eighteen years of age or older in or on, or within one thousand feet of the real property comprising a public or private elementary or secondary school, public park, public swimming pool, public recreation center, or on a marked school bus, may be sentenced up to an additional term of confinement of five years.  90 Acts, ch 1251, 5  C91, 204.401A  C93, 124.401A  94 Acts, ch 1172, 6; 96 Acts, ch 1164, 5; 2002 Acts, ch 1175, 25  ; 2002 Acts, 2nd Ex, ch 1003, 236, 262  ; 2017 Acts, ch 145, 11  Referred to in 671A.2 
124.401B Possession of controlled substances on certain real property  additional penalty.   In addition to any other penalties provided in this chapter or another chapter, a person who unlawfully possesses a substance listed in schedule I, II, or III, or a simulated or imitation controlled substance represented to be a controlled substance classified in schedule I, II, or III, in or on, or within one thousand feet of the real property comprising a public or private elementary or secondary school, public park, public swimming pool, public recreation center, or on a marked school bus, may be sentenced to one hundred hours of community service work for a public agency or a nonprofit charitable organization. The court shall provide the offender with a written statement of the terms and monitoring provisions of the community service.  94 Acts, ch 1172, 7; 96 Acts, ch 1164, 6; 2017 Acts, ch 145, 12  Referred to in 671A.2 
124.401C Manufacturing methamphetamine in presence of minors.   1. In addition to any other penalties provided in this chapter, a person who is eighteen years of age or older and who either directly or by extraction from natural substances, or independently by means of chemical processes, or both, unlawfully manufactures methamphetamine, its salts, isomers, or salts of its isomers in the presence of a minor shall be sentenced up to an additional term of confinement of five years. However, the additional term of confinement shall not be imposed on a person who has been convicted and sentenced for a child endangerment offense under section 726.6, subsection 1, paragraph g, arising from the same facts.   2. For purposes of this section, the term in the presence of a minor shall mean, but is not limited to, any of the following:   a. When a minor is physically present during the activity.   b. When the activity is conducted in the residence of a minor.   c. When the activity is conducted in a building where minors can reasonably be expected to be present.   d. When the activity is conducted in a room offered to the public for overnight accommodation.   e. When the activity is conducted in any multiple-unit residential building.  97 Acts, ch 125, 1; 2004 Acts, ch 1151, 1; 2006 Acts, ch 1030, 13 
124.401D Conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver amphetamine or methamphetamine to a minor.   1. a. It is unlawful for a person eighteen years of age or older to act with, or enter into a common scheme or design with, or conspire with one or more persons to manufacture for delivery to a person under eighteen years of age a material, compound, mixture, preparation, or substance that contains any detectable amount of amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers.   b. A violation of this subsection is a felony punishable under section 902.9, subsection 1, paragraph a.   c. A second or subsequent violation of this subsection is a class A felony.   2. a. It is unlawful for a person eighteen years of age or older to deliver, or possess with the intent to deliver to a person under eighteen years of age, a material, compound, mixture, preparation, or substance that contains any detectable amount of amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, or to act with, or enter into a common scheme or design with, or conspire with one or more persons to deliver or possess with the intent to deliver to a person under eighteen years of age a material, compound, mixture, preparation, or substance that contains any detectable amount of amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers.   b. A violation of this subsection is a felony punishable under section 902.9, subsection 1, paragraph a.   c. A second or subsequent violation of this subsection is a class A felony.  99 Acts, ch 12, 4; 2000 Acts, ch 1144, 2; 2009 Acts, ch 41, 181; 2013 Acts, ch 30, 239, 240  Referred to in 901.10, 902.8A, 902.9 
124.401E Certain penalties for manufacturing or delivery of amphetamine or methamphetamine.   1. If a court sentences a person for the persons first conviction for delivery or possession with intent to deliver a controlled substance under section 124.401, subsection 1, paragraph c, and if the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court may suspend the sentence, and the court may order the person to complete a drug court program if a drug court has been established in the county in which the person is sentenced or order the person to be assigned to a community-based correctional facility for a period of one year or until maximum benefits are achieved, whichever is earlier.   2. If a court sentences a person for a conviction of manufacturing of a controlled substance under section 124.401, subsection 1, paragraph c, and if the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court may suspend the sentence, and the court may order the person to complete a drug court program if a drug court has been established in the county in which the person is sentenced, or order the person to be assigned to a community-based correctional facility for a period of one year or until maximum benefits are achieved, whichever is earlier.   3. If a court sentences a person for the persons second or subsequent conviction for delivery or possession with intent to deliver a controlled substance under section 124.401, subsection 1, and the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court, in addition to any other authorized penalties, shall sentence the person to imprisonment in accordance with section 124.401, subsection 1, and the person shall serve the minimum period of confinement as required by section 124.413.  99 Acts, ch 12, 5; 2000 Acts, ch 1144, 3 
124.401F Prohibitions on tampering with, possessing, or transporting anhydrous ammonia or anhydrous ammonia equipment.   1. A person shall not intentionally tamper with anhydrous ammonia equipment. Tampering occurs when a person who is not authorized by the owner of anhydrous ammonia equipment uses the equipment in violation of a provision of this section. A person shall not in any manner or for any purpose sell, fill, refill, deliver, permit to be delivered, or use an anhydrous ammonia container or receptacle, including for the storage of any gas or compound, unless the person owns the container or receptacle or is authorized to do so by the owner. A person shall not possess or transport anhydrous ammonia in a container or receptacle which is not authorized by the secretary of agriculture to hold anhydrous ammonia.   2. A person violating this section commits a serious misdemeanor. In addition to the imposition of the serious misdemeanor penalty, a person shall be subject to a civil penalty of not more than one thousand five hundred dollars, if the person does any of the following:   a. Intentionally tampers with anhydrous ammonia equipment.   b. Possesses or transports anhydrous ammonia in a container or receptacle which is not authorized to hold anhydrous ammonia according to rules adopted by the secretary of agriculture.   3. A person tampering with anhydrous ammonia equipment in violation of this section shall not have a cause of action against the owner of the equipment, any person responsible for the installation and maintenance of the equipment, or the person lawfully selling the anhydrous ammonia for damages arising out of the tampering.  99 Acts, ch 12, 6; 99 Acts, ch 208, 48; 2000 Acts, ch 1058, 13  Referred to in 200.18 
124.401G Iowa hemp Act  negligent violation program.   Notwithstanding any provision of this chapter to the contrary, a person shall not be guilty of an offense under this chapter, including under section 124.401 or 124.410, for producing, possessing, using, harvesting, handling, manufacturing, marketing, transporting, delivering, or distributing the plant cannabis, if all of the following apply:   1. The person holds a valid hemp license issued by the department of agriculture and land stewardship as provided in chapter 204.   2. The plant is or was produced on the licensees crop site as provided in chapter 204.   3. The offense arises out of a test of a sample of plants that are part of a crop produced on the licensees crop site and the test indicates that the sample does not qualify as hemp under section 204.8 and does not exceed a maximum concentration of two percent delta-9 tetrahydrocannabinol on a dry weight basis.   4. The licensee is participating in or has successfully completed the negligent violation program that applies to the licensees crop site described in subsection 3 if such program is established by the department of agriculture and land stewardship pursuant to section 204.15.  2019 Acts, ch 130, 25, 33 
124.402 Prohibited acts  distributors  registrants  proprietors  penalties.   1. It is unlawful for any person:   a. Who is subject to subchapter III to distribute or dispense a controlled substance in violation of section 124.308;   b. Who is a registrant, to manufacture a controlled substance not authorized by the registration, or to distribute or dispense a controlled substance not authorized by the registration to another registrant or other authorized person;   c. To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this chapter;   d. To refuse an entry into any premises during reasonable business hours for any inspection authorized by this chapter; or   e. Knowingly to keep or permit the keeping or to maintain any premises, store, shop, warehouse, dwelling, temporary, or permanent building, vehicle, boat, aircraft, or other temporary or permanent structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping, possessing or selling them in violation of this chapter.   2. Any person who violates subsection 1 of this section, or who acts with, enters into a common scheme or design with, or conspires with one or more other persons to violate subsection 1 of this section, is guilty of a public offense and upon conviction:   a. Of a violation of paragraphs a, b, d, or e shall be an aggravated misdemeanor.   b. Of a violation of paragraph c shall be a serious misdemeanor.  [C73, 75, 77, 79, 81, 204.402]  C93, 124.402  2017 Acts, ch 54, 76 
124.403 Prohibited acts  controlled substances, distribution, use, possession  records and information  penalties.   1. It is unlawful for any person knowingly or intentionally:   a. To distribute as a registrant a controlled substance classified in schedules I or II, except pursuant to an order form as required by section 124.307;   b. To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;   c. To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge;   d. To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter; or   e. To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.   2. Any person who violates this section, or who acts with, enters into a common scheme or design with, or conspires with one or more other persons to violate this section, is guilty of a serious misdemeanor.  [C39, 3169.17; C46, 50, 54, 58, 62, 204.18; C66, 204.17; C71, 204.17, 204A.3; C73, 75, 77, 79, 81, 204.403]  C93, 124.403 
124.404 Penalties under other laws.   Any penalty imposed for violation of this subchapter shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.  [C73, 75, 77, 79, 81, 204.404]  C93, 124.404  2017 Acts, ch 54, 76 
124.405 Bar to prosecution.   If a violation of this chapter is a violation of a federal law or the law of another state, the conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.  [C39, 3169.22; C46, 50, 54, 58, 62, 204.23; C66, 71, 204.21; C73, 75, 77, 79, 81, 204.405]  C93, 124.405 
124.406 Distribution to person under age eighteen.   1. A person who is eighteen years of age or older who:   a. Unlawfully distributes or possesses with intent to distribute a substance listed in schedule I or II to a person under eighteen years of age commits a class B felony and shall serve a minimum term of confinement of five years. However, if the substance was distributed in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school, public park, public swimming pool, public recreation center, or on a marked school bus, the person shall serve a minimum term of confinement of ten years.   b. Unlawfully distributes or possesses with the intent to distribute a controlled substance listed in schedule III to a person under eighteen years of age who is at least three years younger than the violator commits a class C felony.   c. Unlawfully distributes a controlled substance listed in schedule IV or V to a person under eighteen years of age who is at least three years younger than the violator commits an aggravated misdemeanor.   2. A person who is eighteen years of age or older who:   a. Unlawfully distributes or possesses with the intent to distribute a counterfeit substance listed in schedule I or II, or a simulated or imitation controlled substance represented to be a substance classified in schedule I or II, to a person under eighteen years of age commits a class B felony.   b. Unlawfully distributes or possesses with intent to distribute a counterfeit substance listed in schedule III, or a simulated or imitation controlled substance represented to be any substance listed in schedule III, to a person under eighteen years of age who is at least three years younger than the violator commits a class C felony.   c. Unlawfully distributes a counterfeit substance listed in schedule IV or V, or a simulated or imitation controlled substance represented to be a substance listed in schedule IV or V, to a person under eighteen years of age who is at least three years younger than the violator commits an aggravated misdemeanor.   3. It is unlawful for a person to deliver a controlled substance to another person in order to act with, enter into a common scheme or design with, conspire with, or recruit the other person for the purpose of delivering a controlled substance to one or more persons under eighteen years of age. A person who violates this subsection with respect to a controlled substance classified in schedule I, II, III, IV, or V is guilty of a class D felony.  [C97, 5003; C24, 27, 31, 35, 3168, 3169; C39, 3169.21; C46, 50, 54, 58, 62, 204.22; C66, 204.20; C71, 204.20, 204A.11; C73, 75, 77, 79, 81, 204.406; 82 Acts, ch 1147, 3]  84 Acts, ch 1013, 15; 89 Acts, ch 225, 12; 90 Acts, ch 1251, 6, 7  C93, 124.406  94 Acts, ch 1172, 8, 9; 97 Acts, ch 33, 2, 3; 2017 Acts, ch 145, 13  Referred to in 124.416, 901.10, 903A.5 
124.406A Use of persons under age eighteen in the drug trade.   It is unlawful for a person who is eighteen years of age or older to conspire with or recruit a person under the age of eighteen for the purpose of delivering or manufacturing a controlled substance classified in schedules I through IV. A person violating this section commits a class C felony.  94 Acts, ch 1172, 10 
124.407 Gatherings where controlled substances unlawfully used  penalties.   1. It is unlawful for any person to sponsor, promote, or aid, or assist in the sponsoring or promoting of a meeting, gathering, or assemblage with the knowledge or intent that a controlled substance be there distributed, used, or possessed, in violation of this chapter.   2. a. Any person who violates this section and where the controlled substance is any one other than marijuana is guilty of a class D felony.   b. Any person who violates this section, and where the controlled substance is marijuana only, is guilty of a serious misdemeanor.   3. The district court shall grant an injunction barring a meeting, gathering, or assemblage if upon hearing the court finds that the sponsors or promoters of the meeting, gathering, or assemblage have not taken reasonable means to prevent the unlawful distribution, use, or possession of a controlled substance. Further injunctive relief may be granted against all persons furnishing goods or services to such meeting, gathering, or assemblage.   4. The district court may, upon application and a showing of one or more of the grounds provided in section 639.3, grant to the state or governmental subdivision thereof a writ of attachment, ex parte, without bond, in an amount necessary to secure the payment of any fine that may be imposed and the payment of costs. The reasonable expense to the state and governmental subdivisions thereof to provide the necessary law enforcement resulting from a meeting, gathering, or assemblage held in violation of this section may be taxed as costs in the criminal action.  [C73, 75, 77, 79, 81, 204.407]  C93, 124.407  99 Acts, ch 135, 13; 2017 Acts, ch 54, 29  Referred to in 124.418 
124.408 Joint criminal trials.   Information, indictments, trial, and sentencing for violations of this chapter may allege any number of violations of their provisions against one person and join one or more persons as defendants who it is alleged violated the same provisions in the same transaction or series of transactions and which involve common questions of law and fact. The several charges shall be set out in separate counts and each accused person shall be convicted or acquitted upon each count by separate verdict. Each accused person shall thereafter be sentenced upon each verdict of guilty. The court may consider such separate verdicts of guilty returned at the same time as one offense for the purpose of sentencing as provided in this chapter. The court may grant a severance and separate trial to any accused person jointly charged or indicted if it appears that substantial injustice would result to such accused person unless a separate trial was granted.  [C73, 75, 77, 79, 81, 204.408]  C93, 124.408 
124.409 Conditional discharge, commitment for treatment, and probation.   1. Whenever the court finds that a person who is charged with a violation of section 124.401 and who consents thereto, or who has entered a plea of guilty to or been found guilty of a violation of that section, is addicted to, dependent upon, or a chronic abuser of any controlled substance and that such person will be aided by proper medical treatment and rehabilitative services, the court may order that the person be committed as an in-patient or out-patient to a facility licensed by the Iowa department of public health for medical treatment and rehabilitative services.   2. A person committed under this section who is not possessed of sufficient income or estate to enable the person to make payment of the costs of such treatment in whole or in part shall be considered a state patient and the costs of treatment shall be paid as provided in section 125.44. The determination of ability to pay shall be made by the court. The court shall require the patient, or the patients parent, guardian, or custodian to complete under oath a detailed financial statement. The court may enter appropriate orders requiring the patient or those legally liable for the patients support to reimburse the state with the costs, or any part thereof.   3. In order to obtain the most effective results from such medical treatment and rehabilitative services, the court may commit the person to the custody of a public or private agency or any other responsible person and impose other conditions upon the commitment as is necessary to ensure compliance with the courts order and to ensure that the person will not, during the period of treatment and rehabilitation, again violate a provision of this chapter.   4. If it is established thereafter to the satisfaction of the court that the person has again violated a provision of this chapter, the person may be returned to custody or sentenced upon conviction as provided by law.   5. The public or private agency or responsible person to whom the accused person was committed by the court shall immediately report to the court when the person has received maximum benefit from the program or has recovered from addiction, dependency, or tendency to chronically abuse any controlled substance. The person shall then be returned to the court for disposition of the case. If the person has been charged or indicted, but not convicted, such charge shall proceed to trial or final disposition. If the person has been convicted or is thereafter convicted, the court shall sentence the person as provided by law but may remit all or any part of the sentence and place the person on probation upon terms and conditions as the court may prescribe.  [C73, 75, 77, 79, 81, 204.409]  84 Acts, ch 1013, 16  C93, 124.409  96 Acts, ch 1034, 4; 2002 Acts, ch 1175, 26  ; 2002 Acts, 2nd Ex, ch 1003, 237, 262  ; 2019 Acts, ch 59, 49; 2020 Acts, ch 1062, 23; 2021 Acts, ch 76, 26  Referred to in 125.44, 125.89  Subsection 3 amended 
124.410 Accommodation offense.   1. In a prosecution for unlawful delivery or possession with intent to deliver marijuana, if the prosecution proves that the defendant violated the provisions of section 124.401, subsection 1, by proving that the defendant delivered or possessed with intent to deliver one-half ounce or less of marijuana which was not offered for sale, the defendant is guilty of an accommodation offense and rather than being sentenced as if convicted for a violation of section 124.401, subsection 1, paragraph d, shall be sentenced as if convicted of a violation of section 124.401, subsection 5. An accommodation offense may be proved as an included offense under a charge of delivering or possessing with the intent to deliver marijuana in violation of section 124.401, subsection 1.   2. Subsection 1 does not apply to any of the following:   a. Hashish, hashish oil, or other derivatives of marijuana as defined in section 124.101, subsection 20.   b. Hemp or a hemp product excluded from schedule I of controlled substances as provided in section 124.204, subsection 7.  [C73, 75, 77, 79, 81, 204.410]  89 Acts, ch 225, 13  C93, 124.410  99 Acts, ch 67, 1; 2019 Acts, ch 130, 26, 33  Referred to in 124.401G, 124.413 
124.411 Second or subsequent offenses.   1. Any person convicted of a second or subsequent offense under this chapter, may be punished by imprisonment for a period not to exceed three times the term otherwise authorized, or fined not more than three times the amount otherwise authorized, or punished by both such imprisonment and fine.   2. For purposes of this section, an offense is considered a second or subsequent offense, if, prior to the persons having been convicted of the offense, the offender has ever been convicted under this chapter or under any state or federal statute relating to narcotic drugs or cocaine, marijuana, depressant, stimulant, or hallucinogenic drugs.   3. This section does not apply to any of the following:   a. An offense under section 124.401, subsection 5.   b. Hemp or a hemp product excluded from schedule I of controlled substances as provided in section 124.204, subsection 7.  [C97, 5003; C24, 27, 31, 35, 3168, 3169; C39, 3169.21; C46, 50, 54, 58, 62, 204.22; C66, 71, 204.20; C73, 75, 77, 79, 81, 204.411]  84 Acts, ch 1013, 17  C93, 124.411  2019 Acts, ch 130, 27, 33 
124.412 Notice of conviction.   If a person enters a plea of guilty to, or forfeits bail or collateral deposited to secure the persons appearance in court, and such forfeiture is not vacated, or if a person is found guilty upon an indictment or information alleging a violation of this chapter, a copy of the minutes attached to the indictment returned by the grand jury, or to the county attorneys information, a copy of the judgment and sentence, and a copy of the opinion of the judge if one is filed, shall be sent by the clerk of the district court or the judge to any state board or officer by whom the convicted person has been licensed or registered to practice the persons profession or carry on the persons business. On the conviction of a person, the court may suspend or revoke the license or registration of the convicted defendant to practice the defendants profession or carry on the defendants business. On the application of a person whose license or registration has been suspended or revoked, and upon proper showing and for good cause, the board or officer may reinstate the license or registration.  [C39, 3169.15; C46, 50, 54, 58, 62, 204.16; C66, 71, 204.15; C73, 75, 77, 79, 81, 204.412]  C93, 124.412  93 Acts, ch 16, 1; 2018 Acts, ch 1172, 95, 104  Referred to in 602.8102(35) 
124.413 Mandatory minimum sentence  parole eligibility.   1. Except as provided in subsection 3 and sections 901.11 and 901.12, a person sentenced pursuant to section 124.401, subsection 1, paragraph a, b, e, or f, shall not be eligible for parole or work release until the person has served a minimum term of confinement of one-third of the maximum indeterminate sentence prescribed by law.   2. This section shall not apply if:   a. The offense is found to be an accommodation pursuant to section 124.410; or   b. The controlled substance is marijuana.   3. A person serving a sentence pursuant to section 124.401, subsection 1, paragraph b, shall be denied parole or work release, based upon all the pertinent information as determined by the court under section 901.11, subsection 1, until the person has served between one-half of the minimum term of confinement prescribed in subsection 1 and the maximum indeterminate sentence prescribed by law.  [C79, 81, 204.413]  89 Acts, ch 225, 14  C93, 124.413  2009 Acts, ch 41, 182; 2016 Acts, ch 1104, 1, 2; 2017 Acts, ch 122, 10, 11  Referred to in 124.401E, 232.45, 901.10, 901.11, 901.12, 903A.5 
124.414 Drug paraphernalia.   1. a. As used in this section, drug paraphernalia means all equipment, products, or materials of any kind used or attempted to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to knowingly or intentionally and primarily do any of the following:   (1) Manufacture a controlled substance.   (2) Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.   (3) Test the strength, effectiveness, or purity of a controlled substance.   (4) Enhance the effect of a controlled substance.   b. Drug paraphernalia does not include hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose.   2. It is unlawful for any person to knowingly or intentionally manufacture, deliver, sell, or possess drug paraphernalia.   3. A person who violates this section commits a simple misdemeanor.  2000 Acts, ch 1144, 4  Referred to in 124.418 
124.415 Parental and school notification  persons under eighteen years of age.   A peace officer shall make a reasonable effort to identify a person under the age of eighteen discovered to be in possession of a controlled substance, counterfeit substance, simulated controlled substance, or imitation controlled substance in violation of this chapter, and if the person is not referred to juvenile court, the law enforcement agency of which the peace officer is an employee shall make a reasonable attempt to notify the persons custodial parent or legal guardian of such possession, whether or not the person is arrested, unless the officer has reasonable grounds to believe that such notification is not in the best interests of the person or will endanger that person. If the person is taken into custody, the peace officer shall notify a juvenile court officer who shall make a reasonable effort to identify the elementary or secondary school the person attends, if any, and to notify the superintendent of the school district, the superintendents designee, or the authorities in charge of the nonpublic school of the taking into custody. A reasonable attempt to notify the person includes but is not limited to a telephone call or notice by first-class mail.  90 Acts, ch 1251, 8  C91, 204.415  C93, 124.415  94 Acts, ch 1172, 11; 95 Acts, ch 191, 5; 2017 Acts, ch 145, 14  Referred to in 232.147 
124.416 Exception to restrictions on bail.   Notwithstanding section 811.1, the court, after making the finding required by section 811.1, subsection 3, may admit a person convicted of a violation of section 124.401, subsection 2, or of a violation of section 124.406, to bail if the prosecuting attorney in the action and the defendants counsel jointly petition the court to admit the person to bail.  90 Acts, ch 1251, 9  C91, 204.416  C93, 124.416  95 Acts, ch 191, 6 
124.417 Imitation controlled substances  exceptions.   It is not unlawful under this chapter for a person registered under section 124.302, to manufacture, deliver, or possess with the intent to manufacture or deliver, or to act with, one or more other persons to manufacture, deliver, or possess with the intent to manufacture or deliver an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice or research.  2017 Acts, ch 145, 15 
124.418 Persons seeking medical assistance for drug-related overdose.   1. As used in this section, unless the context otherwise requires:   a. Drug-related overdose means a condition of a person for which each of the following is true:   (1) The person is in need of medical assistance.   (2) The person displays symptoms including but not limited to extreme physical illness, pinpoint pupils, decreased level of consciousness including coma, or respiratory depression.   (3) The persons condition is the result of, or a prudent layperson would reasonably believe such condition to be the result of, the consumption or use of a controlled substance.   b. Overdose patient means a person who is, or would reasonably be perceived to be, suffering a drug-related overdose and who has not previously received immunity under this section.   c. Overdose reporter means a person who seeks medical assistance for an overdose patient and who has not previously received immunity under this section.   d. Protected information means information or evidence collected or derived as a result of any of the following:   (1) An overdose patients good-faith actions to seek medical assistance while experiencing a drug-related overdose.   (2) An overdose reporters good-faith actions to seek medical assistance for an overdose patient experiencing a drug-related overdose if all of the following are true:   (a) The overdose patient is in need of medical assistance for an immediate health or safety concern.   (b) The overdose reporter is the first person to seek medical assistance for the overdose patient.   (c) The overdose reporter provides the overdose reporters name and contact information to medical or law enforcement personnel.   (d) The overdose reporter remains on the scene until assistance arrives or is provided.   (e) The overdose reporter cooperates with medical and law enforcement personnel.   (f) Medical assistance was not sought during the execution of an arrest warrant, search warrant, or other lawful search.   2. Protected information shall not be considered to support probable cause and shall not be admissible as evidence against an overdose patient or overdose reporter for any of the following offenses:   a. Delivery of a controlled substance under section 124.401, subsection 1, if such delivery involved the sharing of the controlled substance without profit.   b. Possession of a controlled substance under section 124.401, subsection 5.   c. Violation of section 124.407.   d. Violation of section 124.414.   3. A persons pretrial release, probation, supervised release, or parole shall not be revoked based on protected information.   4. Notwithstanding any other provision of law to the contrary, a court may consider the act of providing first aid or other medical assistance to someone who is experiencing a drug-related overdose as a mitigating factor in a criminal prosecution.   5. Nothing in this section shall do any of the following:   a. Preclude or prevent an investigation by law enforcement of the drug-related overdose where medical assistance was provided.   b. Be construed to limit or bar the use or admissibility of any evidence or information obtained in connection with the investigation of the drug-related overdose in the investigation or prosecution of other crimes or violations which do not qualify for immunity under this section and which are committed by any person, including the overdose patient or overdose reporter.   c. Preclude the investigation or prosecution of any person on the basis of evidence obtained from sources other than the specific drug-related overdose where medical assistance was provided.  2018 Acts, ch 1138, 32  See also 135.190 
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124.501 Responsibility for enforcement.   The department is primarily responsible for the enforcement of this chapter, and all other laws and regulations of this state, relating to controlled or counterfeit substances, or simulated or imitation controlled substances, except that the board is primarily responsible for making accountability audits of the supply and inventory of controlled substances in the possession of pharmacists, doctors, hospitals, and health care facilities as defined in section 135C.1, subsection 8, as well as in the possession of any and all other individuals or institutions authorized to have possession of any controlled substances, and is also primarily responsible for any other duties in respect to controlled substances as specifically delegated to the board by law. An officer or employee of the board may, when so directed or authorized by the board:   1. Execute and serve search warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state.   2. Make seizures of property pursuant to the provisions of this chapter.  [C39, 3169.19; C46, 50, 54, 58, 62, 204.20, 204.26; C66, 71, 204.19; C73, 75, 77, 79, 81, 204.501; 82 Acts, ch 1147, 10]  C93, 124.501  Referred to in 124.502 
124.502 Administrative inspections and warrants.   1. Issuance and execution of administrative inspection warrants shall be as follows:   a. A district judge or district associate judge, within the courts jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections under this chapter or a related rule. The warrant may also permit seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of the statute or related rules, sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the warrant.   b. A warrant shall issue only upon sworn testimony of an officer or employee of the board duly designated and having knowledge of the facts alleged, before the judicial officer, establishing the grounds for issuing the warrant. If the judicial officer is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the officer shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any.   c. The warrant shall:   (1) State the grounds for its issuance and the name of each person whose testimony has been taken in support thereof.   (2) Be directed to a person authorized by section 124.501 to execute it.   (3) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified.   (4) Identify the item or types of property to be seized, if any.   (5) Direct that it be served during normal business hours, if appropriate, and designate the judge to whom it shall be returned.   d. A warrant issued pursuant to this section must be executed and returned within ten days after its date unless, upon a showing of a need for additional time, the court so instructs otherwise in the warrant. If property is seized pursuant to a warrant, the person executing the warrant shall give to the person from whom the property is seized, or the person in charge of the premises from which the property is seized, a copy of the warrant and a receipt for the property seized or shall leave the copy and receipt at the place from which the property is seized. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property seized. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was seized, if they are present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was seized and to the applicant for the warrant.   e. The judicial officer who has issued a warrant under this section shall require that there be attached to the warrant a copy of the return, and of all papers filed in connection with the return, and shall file them with the clerk of the district court for the county in which the inspection was made.   2. The department may make administrative inspections of controlled premises in accordance with the following provisions:   a. For purposes of this section only, controlled premises means:   (1) Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and   (2) Places including factories, warehouse establishments, and conveyances where persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.   b. Whenever authorized by an administrative inspection warrant issued pursuant to subsection 1 of this section an officer or employee of the board, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, has the right to enter controlled premises for the purpose of conducting an administrative inspection.   c. Whenever authorized by an administrative inspection warrant, an officer or employee of the board has the right:   (1) To inspect and copy records required by this chapter to be kept;   (2) To inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in paragraph e of this subsection, all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this chapter; and   (3) To inventory any stock of any controlled substance therein and obtain samples of any such substance.   d. This section shall not be construed to prevent the inspection without a warrant of books and records pursuant to a subpoena issued in accordance with section 622.65, nor shall this section be construed to prevent entries and administrative inspections, including seizures of property, without a warrant:   (1) With the consent of the owner, operator, or agent in charge of the controlled premises;   (2) In situations presenting imminent danger to health or safety;   (3) In situations involving inspection of conveyances where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;   (4) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; and   (5) In all other situations where a warrant is not constitutionally required.   e. Except when the owner, operator, or agent in charge of the controlled premises so consents in writing, no inspection authorized by this section shall extend to financial data; sales data, other than shipment data; or pricing data.  [C73, 75, 77, 79, 81, 204.502; 82 Acts, ch 1147, 11]  83 Acts, ch 186, 10051, 10052, 10201  C93, 124.502  99 Acts, ch 96, 10; 2009 Acts, ch 41, 183; 2017 Acts, ch 145, 16 
124.503 Injunctions.   1. The district court may exercise jurisdiction to enjoin violations of this chapter.   2. In case of an alleged violation of an injunction or restraining order issued under this section, upon demand of the defendant, trial shall be by a jury.  [C73, 75, 77, 79, 81, 204.503]  C93, 124.503 
124.504 Cooperative arrangements and confidentiality.   1. The department and board, subject to approval and direction of the governor, shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, they may jointly:   a. Arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances.   b. Coordinate and cooperate in training programs on controlled substance law enforcement at the local and state levels.   c. Cooperate with the bureau by establishing a centralized unit which will accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make such information available for federal, state and local law enforcement purposes; except that they shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection 3.   d. Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.   2. Results, information, and evidence received from the bureau relating to the regulatory functions of this chapter, including results of inspections conducted by that agency may be relied upon and acted upon by the board or the department in the exercise of their regulatory functions under this chapter.   3. A practitioner engaged in medical practice or research or the Iowa drug abuse authority or any program which is licensed by the authority shall not be required to furnish the name or identity of a patient or research subject to the board or the department, nor shall the practitioner or the authority or any program which is licensed by the authority be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner or the authority or any of its licensed programs is obligated to keep confidential.  [C73, 75, 77, 79, 81, 204.504]  C93, 124.504 
124.506 Controlled substances  disposal.   All controlled substances, the lawful possession of which is not established or the title to which cannot be ascertained, or excess or undesired controlled substances, which have come into the custody of the board, the department, or any peace officer, shall be disposed of as follows:   1. Except as otherwise provided in this section, the court having jurisdiction shall order such controlled substances forfeited and destroyed. A record of the place where the controlled substances were seized, of the kinds and quantities of controlled substances so destroyed, and of the time, place, and manner of destruction, shall be kept for not less than ten years after destruction, and a return under oath, reporting said destruction, shall be made to the court.   2. Upon written application by the board, the court by whom the forfeiture of controlled substances has been decreed may order the delivery of any of them, except controlled substances listed in schedule I, to the board for distribution or destruction, as provided by this section.   3. Upon a request of any law enforcement agency, the court may order that a portion of a controlled substance subject to forfeiture and destruction pursuant to this section becomes the possession of the requesting law enforcement agency for the sole purpose of canine controlled substance detection training. A law enforcement agency receiving a controlled substance pursuant to this subsection shall do the following:   a. Establish a policy that includes reasonable controls regarding the possession, storage, use, and destruction of the controlled substance.   b. Retain a record of the following for at least ten years from the date the controlled substance is destroyed:   (1) The court order granting the law enforcement agency possession of the controlled substance.   (2) The name of each peace officer who takes possession of the controlled substance.   (3) The time, place, and manner of the destruction of the controlled substance.   4. Upon application by any hospital within this state, not operated for private gain, the board may in its discretion deliver any controlled substances that have come into its custody by authority of this section to the applicant for medicinal use. The board may from time to time deliver excess stocks of controlled substances to the bureau for disposition, or may destroy the excess controlled substances.   5. According to an order for the disposal of a crop that does not qualify as hemp as provided in section 204.10.   6. The board shall keep a full and complete record of all controlled substances received and disposed of, showing the exact kinds, quantities, and forms of controlled substances, the persons from whom received and to whom delivered, by whose authority received, delivered, and destroyed and the dates of the receipt, disposal, or destruction, which record shall be open to inspection by all federal or state officers charged with the enforcement of federal and state laws relating to any controlled substance.  [C39, 3169.14; C46, 50, 54, 58, 62, 204.15; C66, 71, 204.14; C73, 75, 77, 79, 81, 204.506]  C93, 124.506  2009 Acts, ch 24, 2, 3; 2020 Acts, ch 1065, 1, 19; 2020 Acts, ch 1121, 107  109  Referred to in 124.506A, 809A.17 
124.506A Large seizure of a controlled substance  evidence and disposal.   1. a. Notwithstanding the provisions of section 124.506, if more than ten pounds of marijuana or more than one pound of any other controlled substance is seized as a result of a violation of this chapter, the law enforcement agency responsible for retaining the seized controlled substance may destroy the seized controlled substance if the law enforcement agency retains at least ten pounds of the marijuana seized or at least one pound of any other controlled substance seized for evidence purposes.   b. Paragraph a does not apply to hemp or a hemp product excluded from schedule I of controlled substances as provided in section 124.204, subsection 7.   2. Prior to the destruction of any controlled substance under this section, the law enforcement agency shall photograph the controlled substance to be destroyed with identifying case numbers or any other case identifiers and prepare a written report detailing any relevant information about the destruction of the controlled substance. At least thirty days prior to any destruction of a controlled substance, the law enforcement agency destroying the controlled substance shall notify in writing any person arrested in connection with the seizure, the attorney of the person if represented, and any other attorney of record including the prosecuting attorney, and the law enforcement agency that made the arrest if the agency is different than the law enforcement agency responsible for retaining the seized controlled substance, that the law enforcement agency is planning to photograph and destroy part of the controlled substance seized, and any person or agency notified may be present at the photographing of the controlled substance to be destroyed.   3. Any person or agency notified about the destruction of part of the controlled substance seized, or any other interested party, may file an application with the district court resisting the destruction of any of the controlled substance.   4. A rebuttable presumption is created that the portion of any controlled substance retained for representation purposes as evidence and all photographs and records made under this section and properly identified are admissible in any court proceeding for any purpose for which the destroyed controlled substance would have been admissible.  2006 Acts, ch 1027, 1; 2006 Acts, ch 1185, 119; 2019 Acts, ch 130, 28, 33 
124.507 Burden of proof  liabilities.   1. It is not necessary for the state to negate any exemption or exception set forth in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this chapter. The proof of entitlement to any exemption or exception by the person claiming its benefit shall be a valid defense.   2. The absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter creates a rebuttable presumption that the person is not the holder of such registration or form.   3. No liability shall be imposed by virtue of this chapter upon any authorized state, county or municipal officer, engaged in the lawful performance of the officers duties.  [C24, 27, 31, 35, 3156; C39, 3169.18; C46, 50, 54, 58, 62, 204.19; C66, 71, 204.18; C73, 75, 77, 79, 81, 204.507]  C93, 124.507 
124.508 Judicial review.   Judicial review of actions of board or department may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.  [C73, 75, 77, 79, 81, 204.508]  C93, 124.508  2003 Acts, ch 44, 114 
124.509 Education and research.   1. The board and the department, subject to approval and direction of the governor, shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. They shall consult with each other and coordinate their programs so as to avoid duplication of effort. In connection with these programs they may:   a. Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;   b. Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;   c. Consult with interested groups and organizations to aid them in solving administrative and organizational problems;   d. Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;   e. Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and,   f. Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.   2. The board and the department, subject to approval and direction of the governor, shall encourage research on misuse and abuse of controlled substances. In connection with such research, and in furtherance of the enforcement of this chapter, they may in such manner as will best insure coordination and avoid duplication of effort:   a. Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;   b. Make studies and undertake programs of research to:   (1) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this chapter;   (2) Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and,   (3) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances; and,   c. Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled substances.   3. The board or department, subject to approval and direction of the governor, may enter into contracts for educational and research activities without performance bonds.   4. The board and department, subject to approval and direction of the governor, may jointly authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization shall not be compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.   5. The board and department, subject to approval and direction of the governor, may jointly authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization.  [C73, 75, 77, 79, 81, 204.509]  C93, 124.509 
124.510 Reports of arrests and analyses to department.   Any peace officer who arrests for any crime, any known unlawful user of the drugs described in schedule I, II, III, or IV, or who arrests any person for a violation of this chapter, or charges any person with a violation of this chapter subsequent to the persons arrest, shall within five days after the arrest or the filing of the charge, whichever is later, report the arrest and the charge filed to the department. The peace officer or any other peace officer or law enforcement agency which makes or obtains any quantitative or qualitative analysis of any substance seized in connection with the arrest of the person charged, shall report to the department the results of the analysis at the time the arrest is reported or at such later time as the results of the analysis become available. This information is for the exclusive use of the division of narcotics enforcement in the department of public safety, and shall not be a matter of public record.  [C73, 75, 77, 79, 81, 204.510]  C93, 124.510  2005 Acts, ch 35, 29; 2018 Acts, ch 1041, 41 
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124.550 Definitions.   For purposes of this subchapter, unless the context otherwise requires:   1. Pharmacist means a practicing pharmacist who is actively engaged in and responsible for the pharmaceutical care of the patient about whom information is requested.   2. Prescribing practitioner means a practitioner who has prescribed or is contemplating the authorization of a prescription for the patient about whom information is requested. Prescribing practitioner does not include a licensed veterinarian.   3. Proactive notification means a notification by the board, generated based on factors determined by the board and issued to a specific prescribing practitioner or pharmacist, indicating that a patient may be practitioner shopping or pharmacy shopping or at risk of abusing or misusing a controlled substance.   4. Program means the information program for drug prescribing and dispensing.  2016 Acts, ch 1052, 1; 2017 Acts, ch 54, 76; 2018 Acts, ch 1138, 1, 2, 17 
124.551 Information program for drug prescribing and dispensing.   1. Contingent upon the receipt of funds pursuant to section 124.557 sufficient to carry out the purposes of this subchapter, the board, in conjunction with the advisory council created in section 124.555, shall establish and maintain an information program for drug prescribing and dispensing.   2. a. The program shall collect from pharmacies dispensing information for controlled substances identified pursuant to section 124.554, subsection 1, paragraph g, and from first responders as defined in section 147A.1, subsection 7, with the exception of emergency medical care providers as defined in section 147A.1, subsection 4, administration information for opioid antagonists. The department of public health shall provide information for the administration of opioid antagonists to the board as prescribed by rule for emergency medical care providers as defined in section 147A.1, subsection 4. The board shall adopt rules requiring the following information to be provided regarding the administration of opioid antagonists:   (1) Patient identification.   (2) Identification of the person administering opioid antagonists.   (3) The date of administration.   (4) The quantity of opioid antagonists administered.   b. The information collected shall be used by prescribing practitioners, veterinarians, and pharmacists on a need-to-know basis for purposes of improving patient health care by facilitating early identification of patients who may be at risk for addiction, or who may be using, abusing, or diverting drugs for unlawful or otherwise unauthorized purposes at risk to themselves and others, or who may be appropriately using controlled substances lawfully prescribed for them but unknown to the practitioner.   3. The board shall implement technological improvements to facilitate secure access to the program through electronic health and pharmacy information systems. The board shall collect, store, and disseminate program information consistent with security criteria established by rule, including use of appropriate encryption or other industry-recognized security technology.   4. The board shall seek any federal waiver necessary to implement the provisions of the program.  2006 Acts, ch 1147, 2, 11; 2016 Acts, ch 1052, 2; 2017 Acts, ch 54, 76; 2018 Acts, ch 1138, 3; 2020 Acts, ch 1024, 1  Referred to in 22.7(51) 
124.551A Prescribing practitioner program registration.   A prescribing practitioner shall register for the program at the same time the prescribing practitioner applies to the board to register or renews registration to prescribe controlled substances as required by the board. Once the prescribing practitioner registers for the program, the prescribing practitioner or the prescribing practitioners designated agent shall utilize the program database prior to issuing an opioid prescription as prescribed by rules adopted by the prescribing practitioners licensing board to assist the prescribing practitioner in determining appropriate treatment options and to improve the quality of patient care. A prescribing practitioner shall not be required to utilize the program database to assist in the treatment of a patient receiving inpatient hospice care or long-term residential facility patient care.  2018 Acts, ch 1138, 4 
124.552 Information reporting.   1. Unless otherwise prohibited by federal or state law, each licensed pharmacy that dispenses controlled substances identified pursuant to section 124.554, subsection 1, paragraph g, to patients in the state, each licensed pharmacy located in the state that dispenses such controlled substances identified pursuant to section 124.554, subsection 1, paragraph g, to patients inside or outside the state, unless specifically excepted in this section or by rule, and each prescribing practitioner furnishing, dispensing, or supplying controlled substances to the prescribing practitioners patient, shall submit the following prescription information to the program:   a. Pharmacy identification.   b. Patient identification.   c. Prescribing practitioner identification.   d. The date the prescription was issued by the prescribing practitioner.   e. The date the prescription was dispensed.   f. An indication of whether the prescription dispensed is new or a refill.   g. Identification of the drug dispensed.   h. Quantity of the drug dispensed.   i. The number of days supply of the drug dispensed.   j. Serial or prescription number assigned by the pharmacy.   k. Type of payment for the prescription.   l. Other information identified by the board by rule.   2. Information shall be submitted electronically in a secure format specified by the board unless the board has granted a waiver and approved an alternate secure format.   3. Information shall be timely transmitted within one business day of the dispensing of the controlled substance, unless the board grants an extension. The board may grant an extension if either of the following occurs:   a. The pharmacy or prescribing practitioner suffers a mechanical or electronic failure, or cannot meet the deadline established by the board for other reasons beyond the pharmacys or practitioners control.   b. The board is unable to receive electronic submissions.   4. This section shall not apply to dispensing by a licensed pharmacy for the purposes of inpatient hospice care or long-term residential facility patient care.  2006 Acts, ch 1147, 3, 11; 2007 Acts, ch 126, 25, 26; 2018 Acts, ch 1138, 5 
124.553 Information access.   1. The board may provide information from the program to the following:   a. (1) A pharmacist, veterinarian, or prescribing practitioner who requests the information and certifies in a form specified by the board that it is for the purpose of providing medical or pharmaceutical care to a patient of the pharmacist, veterinarian, or prescribing practitioner. A pharmacist, veterinarian, or prescribing practitioner may delegate program information access to another authorized individual or agent only if that individual or agent registers for program information access, pursuant to board rules, as an agent of the pharmacist, veterinarian, or prescribing practitioner. Board rules shall identify the qualifications for a pharmacists, veterinarians, or prescribing practitioners agent and shall limit the number of agents to whom each pharmacist, veterinarian, or prescribing practitioner may delegate program information access.   (2) Notwithstanding subparagraph (1), a prescribing practitioner may delegate program information access to another licensed health care professional in emergency situations where the patient would be placed in greater jeopardy if the prescribing practitioner was required to access the information personally.   b. An individual who requests the individuals own program information in accordance with the procedure established in rules of the board and advisory council adopted under section 124.554.   c. Pursuant to an order, subpoena, or other means of legal compulsion for access to or release of program information that is issued based upon a determination of probable cause in the course of a specific investigation of a specific individual.   d. A prescription database or monitoring program in another jurisdiction pursuant to subsection 7.   e. An institutional user established by the board to facilitate the secure access of a prescribing practitioner or pharmacist to the program through electronic health and pharmacy information systems.   f. The state medical examiner or a county medical examiner as appointed pursuant to section 331.801 or 691.5 or a medical examiner investigator recognized by the office of the state medical examiner when the information requested by the examiner or investigator relates to an investigation being conducted by the examiner or investigator.   g. A prescribing practitioner or pharmacist through the use of a targeted distribution of proactive notifications.   h. A prescribing practitioner for the issuance of a required report pursuant to section 124.554, subsection 3.   2. The board shall maintain a record of each person that requests information from the program and of all proactive notifications distributed to prescribing practitioners and dispensing pharmacists as provided in subsection 1, paragraph g. Pursuant to rules adopted by the board under section 124.554, the board may use the records to document and report statistical information, and may provide program information for statistical, public research, public policy, or educational purposes, after removing personal identifying information of a patient, prescribing practitioner, dispenser, or other person who is identified in the information.   3. Information contained in the program and any information obtained from it, and information contained in the records of requests for information from the program and information distributed to prescribing practitioners and dispensing pharmacists as provided in subsection 1, paragraph g, is privileged and strictly confidential information. Such information is a confidential public record pursuant to section 22.7, and is not subject to discovery, subpoena, or other means of legal compulsion for release except as provided in this subchapter. Information from the program shall not be released, shared with an agency or institution, or made public except as provided in this subchapter.   4. A pharmacist or other dispenser making a report to the program reasonably and in good faith pursuant to this subchapter is immune from any liability, civil, criminal, or administrative, which might otherwise be incurred or imposed as a result of the report.   5. Nothing in this section shall require a pharmacist, veterinarian, or prescribing practitioner to obtain information about a patient from the program. A pharmacist, veterinarian, or prescribing practitioner does not have a duty and shall not be held liable in damages to any person in any civil or derivative criminal or administrative action for injury, death, or loss to person or property on the basis that the pharmacist, veterinarian, or prescribing practitioner did or did not seek or obtain or use information from the program. A pharmacist, veterinarian, or prescribing practitioner acting reasonably and in good faith is immune from any civil, criminal, or administrative liability that might otherwise be incurred or imposed for requesting or receiving or using information from the program.   6. The board shall not charge a fee to a pharmacy, pharmacist, veterinarian, or prescribing practitioner for the establishment, maintenance, or administration of the program, including costs for forms required to submit information to or access information from the program, except that the board may charge a fee to an individual who requests the individuals own program information. A fee charged pursuant to this subsection shall not exceed the actual cost of providing the requested information and shall be considered a repayment receipt as defined in section 8.2.   7. The board may enter into an agreement with a prescription database or monitoring program operated in any state for the mutual exchange of information. Any agreement entered into pursuant to this subsection shall specify that all the information exchanged pursuant to the agreement shall be used and disseminated in accordance with the laws of this state.  2006 Acts, ch 1147, 4, 11; 2007 Acts, ch 8, 19; 2007 Acts, ch 126, 27, 28; 2011 Acts, ch 58, 1; 2014 Acts, ch 1053, 1, 2; 2016 Acts, ch 1052, 3, 4; 2017 Acts, ch 54, 76; 2017 Acts, ch 152, 1; 2017 Acts, ch 162, 3, 25; 2018 Acts, ch 1138, 6, 13, 18, 19; 2020 Acts, ch 1024, 2, 3  Referred to in 22.7(51), 124.554, 124.558 
124.554 Rules and reporting.   1. The board and advisory council shall jointly adopt rules in accordance with chapter 17A to carry out the purposes of, and to enforce the provisions of, this subchapter. The rules shall include but not be limited to the development of procedures relating to:   a. Identifying each patient about whom information is entered into the program.   b. An electronic format for the submission of information from pharmacies and prescribing practitioners.   c. A waiver to submit information in another format for a pharmacy or prescribing practitioner unable to submit information electronically.   d. An application by a pharmacy or prescribing practitioner for an extension of time for transmitting information to the program.   e. The submission by an authorized requestor of a request for information and a procedure for the verification of the identity of the requestor.   f. Use by the board or advisory council of the program request records required by section 124.553, subsection 2, to document and report statistical information.   g. Including all schedule II, schedule III, and schedule IV controlled substances, schedule V controlled substances including when dispensed by a pharmacist without a prescription except for sales of pseudoephedrine that are reported to the real-time electronic repository, opioid antagonists, and other prescription substances that the advisory council and board determine can be addictive or fatal if not taken under the proper care and direction of a prescribing practitioner.   h. Access by a pharmacist or prescribing practitioner to information in the program pursuant to a written agreement with the board and advisory council.   i. The correction or deletion of erroneous information in the program.   j. The issuance annually of a prescribing practitioner activity report compiled from information from the program pursuant to subsection 3.   k. The establishment of thresholds or other criteria or measures to be used in identifying an at-risk patient as provided in section 124.553, subsection 1, paragraph g, and the targeted distribution of proactive notifications suggesting review of the patients prescription history.   2. Beginning February 1, 2021, and annually by February 1 thereafter, the board and advisory council shall present to the general assembly and the governor a report prepared consistent with section 124.555, subsection 3, paragraph d, which shall include but not be limited to the following:   a. The cost to the state of implementing and maintaining the program.   b. Information from pharmacies, prescribing practitioners, the board, the advisory council, and others regarding the benefits or detriments of the program.   c. Information from pharmacies, prescribing practitioners, the board, the advisory council, and others regarding the boards effectiveness in providing information from the program.   3. a. Annually by February 1, the board shall electronically, and at as low a cost as possible, issue each prescribing practitioner who prescribed a controlled substance reported to the program as dispensed in the preceding calendar year in this state a prescribing practitioner activity report which shall include but not be limited to the following:   (1) A summary of the prescribing practitioners history of prescribing controlled substances.   (2) A comparison of the prescribing practitioners history of prescribing controlled substances with the history of other prescribing practitioners of the same profession or specialty.   (3) The prescribing practitioners history of program use.   (4) General patient risk factors.   (5) Educational updates.   (6) Other pertinent information identified by the board and advisory council by rule.   b. Information provided to a prescribing practitioner in a report required under this subsection is privileged and shall be kept confidential pursuant to section 124.553, subsection 3.  2006 Acts, ch 1147, 5, 11; 2007 Acts, ch 126, 29, 30; 2017 Acts, ch 54, 76; 2018 Acts, ch 1138, 7, 14, 15, 20; 2020 Acts, ch 1024, 4  6  Referred to in 124.551, 124.552, 124.553, 124.555, 124.556 
124.555 Advisory council established.   An advisory council shall be established to provide oversight to the board and the program and to comanage program activities. The board and advisory council shall jointly adopt rules specifying the duties and activities of the advisory council and related matters.   1. The council shall consist of eight members appointed by the governor. The members shall include three licensed pharmacists, four physicians licensed under chapter 148, and one licensed prescribing practitioner who is not a physician. The governor shall solicit recommendations for council members from Iowa health professional licensing boards, associations, and societies. The license of each member appointed to and serving on the advisory council shall be current and in good standing with the professionals licensing board.   2. The council shall advance the goals of the program, which include identification of misuse and diversion of controlled substances identified pursuant to section 124.554, subsection 1, paragraph g, and enhancement of the quality of health care delivery in this state.   3. Duties of the council shall include but not be limited to the following:   a. Ensuring the confidentiality of the patient, prescribing practitioner, and dispensing pharmacist and pharmacy.   b. Respecting and preserving the integrity of the patients treatment relationship with the patients health care providers.   c. Encouraging and facilitating cooperative efforts among health care practitioners and other interested and knowledgeable persons in developing best practices for prescribing and dispensing controlled substances and in educating health care practitioners and patients regarding controlled substance use and abuse.   d. Making recommendations regarding the continued benefits of maintaining the program in relationship to cost and other burdens to the patient, prescribing practitioner, pharmacist, and the board. The councils recommendations shall be included in reports required by section 124.554, subsection 2.   e. One physician and one pharmacist member of the council shall include in their duties the responsibility for monitoring and ensuring that patient confidentiality, best interests, and civil liberties are at all times protected and preserved during the existence of the program.   4. Members of the advisory council shall be eligible to request and receive actual expenses for their duties as members of the advisory council, subject to reimbursement limits imposed by the department of administrative services, and shall also be eligible to receive a per diem compensation as provided in section 7E.6, subsection 1.  2006 Acts, ch 1147, 6, 11; 2007 Acts, ch 126, 31, 32; 2008 Acts, ch 1088, 82  Referred to in 124.551, 124.554 
124.556 Education and treatment.   The program shall include education initiatives and outreach to consumers, prescribing practitioners, and pharmacists, and shall also include assistance for identifying substance abuse treatment programs and providers. The program shall also include educational updates and information on general patient risk factors for prescribing practitioners. The board and advisory council shall adopt rules, as provided under section 124.554, to implement this section.  2006 Acts, ch 1147, 7, 11; 2007 Acts, ch 126, 33; 2018 Acts, ch 1138, 16 
124.557 Drug information program fund  surcharge.   The drug information program fund is established to be used by the board to fund or assist in funding the program. The board may make deposits into the fund from any source, public or private, including grants or contributions of money or other items of value, which it determines necessary to carry out the purposes of this subchapter. The board may add a surcharge of not more than twenty-five percent to the applicable fee for a registration issued pursuant to section 124.302 and the surcharge shall be deposited into the fund. Moneys received by the board to establish and maintain the program must be used for the expenses of administering this subchapter. Notwithstanding section 8.33, amounts contained in the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated in future years.  2006 Acts, ch 1147, 8, 11; 2017 Acts, ch 54, 76; 2018 Acts, ch 1138, 8  Referred to in 124.308, 124.551, 155A.27 
124.558 Prohibited acts  penalties.   1. Failure to comply with requirements. A pharmacist, pharmacy, prescribing practitioner, or agent of a pharmacist or prescribing practitioner who knowingly fails to comply with the confidentiality requirements of this subchapter or who delegates program information access to another individual except as provided in section 124.553, is subject to disciplinary action by the appropriate professional licensing board. A pharmacist, pharmacy, or prescribing practitioner that knowingly fails to comply with other requirements of this subchapter is subject to disciplinary action by the board. Each licensing board may adopt rules in accordance with chapter 17A to implement the provisions of this section.   2. Unlawful access, disclosure, or use of information. A person who intentionally or knowingly accesses, uses, or discloses program information in violation of this subchapter, unless otherwise authorized by law, is guilty of a class D felony. This section shall not preclude a pharmacist or prescribing practitioner who requests and receives information from the program consistent with the requirements of this chapter from otherwise lawfully providing that information to any other person for medical or pharmaceutical care purposes.  2006 Acts, ch 1147, 9, 11; 2007 Acts, ch 126, 34; 2011 Acts, ch 58, 2; 2017 Acts, ch 54, 76; 2018 Acts, ch 1138, 9 
124.559 Reserved. Reserved. 
124.560 Reserved. Reserved. 
124.561 Reserved. Reserved. 
124.562 Reserved. Reserved. 
124.563 Reserved. Reserved. 
124.564 Reserved. Reserved. 
124.565 Reserved. Reserved. 
124.566 Reserved. Reserved. 
124.567 Reserved. Reserved. 
124.568 Reserved. Reserved. 
124.569 Reserved. Reserved. 
124.570 Reserved. Reserved. 
124.571 Reserved. Reserved. 
124.572 Reserved. Reserved. 
124.573 Reserved. Reserved. 
124.574 Reserved. Reserved. 
124.575 Reserved. Reserved. 
124.576 Reserved. Reserved. 
124.577 Reserved. Reserved. 
124.578 Reserved. Reserved. 
124.579 Reserved. Reserved. 
124.580 Reserved. Reserved. 
124.581 Reserved. Reserved. 
124.582 Reserved. Reserved. 
124.583 Reserved. Reserved. 
124.584 Reserved. Reserved. 
124.585 Reserved. Reserved. 
124.586 Reserved. Reserved. 
124.587 Reserved. Reserved. 
124.588 Reserved. Reserved. 
124.589 Reserved. Reserved. 
124.590 Reserved. Reserved. 
124.591 Reserved. Reserved. 
124.592 Reserved. Reserved. 
124.593 Reserved. Reserved. 
124.594 Reserved. Reserved. 
124.595 Reserved. Reserved. 
124.596 Reserved. Reserved. 
124.597 Reserved. Reserved. 
124.598 Reserved. Reserved. 
124.599 Reserved. Reserved. 
124.600 Reserved. Reserved. 
124.601 Uniformity of interpretation.   This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.  [C24, 27, 31, 35, 3167; C39, 3169.23; C46, 50, 54, 58, 62, 204.24; C66, 71, 204.22; C73, 75, 77, 79, 81, 204.601]  C93, 124.601 
124.602 Short title.   This chapter may be cited as the Uniform Controlled Substances Act.  [C39, 3169.24; C46, 50, 54, 58, 62, 204.25; C66, 71, 204.23; C73, 75, 77, 79, 81, 204.602]  C93, 124.602 
CHAPTER 124A  IMITATION CONTROLLED SUBSTANCES  Repealed by 2017 Acts, ch 145, 23; see chapter 124 
124B.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Board means the board of pharmacy.   2. Controlled substance means a controlled substance as defined in section 124.101.   3. Practitioner means a practitioner as defined in section 155A.3.   4. Precursor substance means a substance which may be used as a precursor in the illegal production of a controlled substance and is specified under section 124B.2.   5. Recipient means a person in this state who purchases, transfers, or otherwise receives a precursor substance.   6. Vendor means a person who manufactures, wholesales, retails, or otherwise sells, transfers, or furnishes in this state a precursor substance.  90 Acts, ch 1251, 10  C91, 204B.1  C93, 124B.1  2007 Acts, ch 10, 16 
124B.10 False statement  penalty.   A person who knowingly makes a false statement in connection with any report or record required to be made under this chapter commits an aggravated misdemeanor.  90 Acts, ch 1251, 19  C91, 204B.10  C93, 124B.10 
124B.11 Permit requirements  penalty.   1. A vendor or a recipient who receives a precursor substance from a source outside the state shall obtain a permit for the transaction from the board. However, a permit is not required of a vendor of a drug containing ephedrine, phenylpropanolamine, or pseudoephedrine or of a cosmetic that contains a precursor substance if the drug or cosmetic is lawfully sold, transferred, or furnished either over the counter without a prescription in accordance with chapter 126 or with a prescription pursuant to chapter 155A.   2. An application for a permit shall be filed in writing and signed by the applicant, and shall set forth the name of the applicant, the business in which the applicant is engaged, the business address of the applicant, and a full description of any precursor substance sold, transferred, or otherwise furnished or received.   3. The board may grant a permit on a form adopted by rule. A permit shall be effective for not more than one year from the date of issuance.   4. An applicant shall pay, at the time of filing an application, a permit fee determined by the board.   5. A permit granted under this chapter may be annually renewed on a date to be determined by the board pursuant to rule, upon the filing of a renewal application and the payment of a permit renewal fee.   6. Permit fees charged by the board shall not exceed the costs incurred by the board in administering this chapter.   7. Selling, transferring, or otherwise furnishing, or receiving a precursor substance without a permit obtained pursuant to this section is a serious misdemeanor.  90 Acts, ch 1251, 20  C91, 204B.11  C93, 124B.11 
124B.12 Permit  refusal, suspension, or revocation.   The board shall refuse, suspend, or revoke a permit upon finding that any of the following conditions exist:   1. The permit was obtained through fraud, misrepresentation, or deceit.   2. The permittee has violated or has permitted any employee of the permittee to violate any of the laws of this state relating to drugs, controlled substances, cosmetics, or nonprescription drugs, or has violated this chapter, a rule adopted pursuant to this chapter, or any other rule of the board.  90 Acts, ch 1251, 21  C91, 204B.12  C93, 124B.12 
124B.2 Reporting required.   1. A report to the board shall be submitted in accordance with this chapter by a manufacturer, retailer, or other person who sells, transfers, or otherwise furnishes to any person in this state any of the following substances:   a. Anthranilic acid, its esters, and its salts.   b. Benzyl cyanide.   c. Ethylamine and its salts.   d. Ergonovine and its salts.   e. Ergotamine and its salts.   f. 3,4 - methylenedioxyphenyl-2-propanone.   g. N-acetylanthranilic acid, its esters, and its salts.   h. Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers.   i. Phenylacetic acid, its esters, and its salts.   j. Piperidine and its salts.   k. Methylamine and its salts.   l. Propionic anhydride.   m. Isosafrole.   n. Safrole.   o. Piperonal.   p. N-methylephedrine, its salts, optical isomers, and salts of optical isomers.   q. N-methylpseudoephedrine, its salts, optical isomers, and salts of optical isomers.   r. Hydriodic acid.   s. Benzaldehyde.   t. Nitroethane.   u. Gamma-Butyrolactone (also known as GBL; Dihydro-2(3H)-furanone; 1,2-Butanolide;   1,4-Butanolide; 4-Hydroxybutanoic acid lactone; or gamma-hydroxy-butyric acid lactone).   v. Red phosphorus.   w. White phosphorus (another name: yellow phosphorus).   x. Hypophosphorous acid and its salts (including ammonium hypophosphite, calcium hypophosphite, iron hypophosphite, potassium hypophosphite, manganese hypophosphite, magnesium hypophosphite, and sodium hypophosphite).   y. Iodine.   z. N-phenethyl-4-piperidone (NPP).   aa. Ergocristine and its salts.   ab. Alpha-phenylacetoacetonitrile and its salts, optical isomers, and salts of optical isomers. Other name: APAAN.   ac. N-(1-benzylpiperidin-4-yl)-N-phenylpropionamide  (benzylfentanyl) and its salts.   ad. N-phenylpiperidin-4-amine(4-anilinopiperidine; N-phenyl-4-  piperidinamine; 4-AP), its amides, its carbamates, and its salts.   2. The board shall administer the regulatory provisions of this chapter and may, by rule adopted pursuant to chapter 17A, add a substance to or remove a substance from the list in subsection 1. In determining whether to add or remove a substance from the list, the board shall consider the following:   a. The likelihood that the substance may be used as a precursor in the illegal production of a controlled substance.   b. The availability of the substance.   c. The appropriateness of including the substance under this chapter or under chapter 124.   d. The extent and nature of legitimate uses for the substance.   3. On or before November 1 of each year, the board shall inform the general assembly of any substances added, deleted, or changed in the list contained in this section and shall provide an explanation of any addition, deletion, or change.  90 Acts, ch 1251, 11  C91, 204B.2  C93, 124B.2  2000 Acts, ch 1140, 17, 18; 2002 Acts, ch 1108, 2, 3; 2003 Acts, ch 53, 10; 2008 Acts, ch 1010, 5; 2009 Acts, ch 36, 1; 2012 Acts, ch 1122, 6; 2018 Acts, ch 1138, 30, 31; 2021 Acts, ch 93, 35, 36, 38  Referred to in 124B.1, 124B.3, 124B.6  Subsection 1, unnumbered paragraph 1 amended  Subsection 1, NEW paragraphs ac and ad 
124B.3 Identification required.   1. Before selling, transferring, or otherwise furnishing any substance specified in section 124B.2 to a person in this state, a vendor shall require proper identification from the purchaser.   2. For the purposes of this section, in the case of a face-to-face purchase, proper identification means all of the following:   a. A drivers license containing the purchasers photograph and residential or mailing address, other than a post office box number, or any other official state-issued identification containing this information.   b. The motor vehicle license number of the vehicle owned or operated by the purchaser.   c. A letter of authorization from the person who is making the purchase. The letter shall include the persons business license number and business address, a description as to how the substance will be used, and the purchasers signature. The vendor shall affix the vendors signature as a witness to the signature and identification of the purchaser.   3. The board shall provide by rule for the form of proper identification required for purchases which are not face to face.   4. A person who violates this section or rules adopted pursuant to this section commits a simple misdemeanor.  90 Acts, ch 1251, 12  C91, 204B.3  92 Acts, ch 1175, 27  C93, 124B.3  98 Acts, ch 1073, 9  Referred to in 124B.4, 124B.6 
124B.4 Vendor reporting.   1. At least twenty-one days prior to the delivery of a precursor substance to a recipient, the vendor shall submit a report of the transaction to the board. The report must contain the identification information specified under section 124B.3. However, if regular, repeated transactions of a particular precursor substance occur between the vendor and the recipient, the board may authorize the vendor to report the transactions monthly if either of the following conditions exists:   a. A pattern of regular supply of the precursor substance exists between the vendor and the recipient.   b. The recipient has established a record of lawfully using the precursor substance.   2. A vendor who does not submit a report pursuant to this section commits a serious misdemeanor.  90 Acts, ch 1251, 13  C91, 204B.4  C93, 124B.4  Referred to in 124B.6 
124B.5 Receipt of substance from outside the state  penalty.   1. A vendor, recipient, or other person required to report pursuant to this chapter who receives a precursor substance from a source outside the state shall submit a report to the board pursuant to rules adopted by the board.   2. A person who does not submit a report required under this section commits a serious misdemeanor.  90 Acts, ch 1251, 14  C91, 204B.5  C93, 124B.5  Referred to in 124B.6 
124B.6 Exceptions.   The requirements of sections 124B.2 through 124B.5 do not apply to any of the following:   1. A licensed pharmacist or other person authorized under chapter 155A to sell or furnish a precursor substance upon the prescription of a practitioner.   2. A practitioner who administers or furnishes a precursor substance to a patient.   3. A vendor who holds a permit issued by the board and who sells, transfers, or otherwise furnishes a precursor substance to a practitioner or a pharmacy as defined in section 155A.3.   4. A sale, transfer, furnishing, or receipt of a drug containing ephedrine, phenylpropanolamine, or pseudoephedrine or of a cosmetic containing a precursor substance if the drug or cosmetic is lawfully sold, transferred, or furnished over the counter without a prescription in accordance with chapter 126.  90 Acts, ch 1251, 15  C91, 204B.6  C93, 124B.6  Referred to in 124B.8 
124B.7 Reporting form.   1. The board shall adopt rules prescribing a common form for the filing of reports required under this chapter. The rules shall provide that the information which must be submitted shall include but is not limited to all of the following:   a. The name of the precursor substance.   b. The quantity of the precursor substance sold, transferred, or furnished.   c. The date the precursor substance was sold, transferred, or furnished.   d. The name and address of the recipient.   e. The name and address of the vendor.   2. Reports authorized under subsection 1 may be computer-generated and submitted monthly in accordance with rules adopted by the board.  90 Acts, ch 1251, 16  C91, 204B.7  C93, 124B.7 
124B.8 Missing quantity  reporting.   A person who is required to report to the board pursuant to this chapter or a person listed as an exception under section 124B.6 shall report to the board either of the following occurrences within seven days of knowledge of the loss or occurrence:   1. Loss or theft of a precursor substance.   2. A difference between the amount of a precursor substance shipped and the amount of a precursor substance received. If applicable, the report shall include the name of the person who transported the precursor substance and the date of shipment.  90 Acts, ch 1251, 17  C91, 204B.8  C93, 124B.8 
124B.9 Sale, transfer, furnishing, or receipt for unlawful purpose  penalty.   1. A person who sells, transfers, or otherwise furnishes a precursor substance with knowledge or the intent that the recipient will use the precursor substance to unlawfully manufacture a controlled substance commits a class C felony.   2. A person who receives a precursor substance with the intent that the substance be used unlawfully to manufacture a controlled substance commits a class C felony.  90 Acts, ch 1251, 18  C91, 204B.9  C93, 124B.9  2004 Acts, ch 1057, 2  Unlawful manufacture of a controlled substance, see 124.401 
124C.1 Definitions.   As used in this chapter, unless the context clearly requires otherwise:   1. Clandestine laboratory site means a location or operation, including but not limited to buildings or vehicles equipped with glassware, heating devices, and precursors or related reagents and solvents needed to unlawfully prepare or manufacture controlled substances defined in chapter 124.   2. Cleanup means actions necessary to contain, collect, control, identify, analyze, disassemble, treat, remove, or otherwise disperse all substances and materials, including but not limited to those found to be hazardous waste as defined in section 455B.411 and controlled substances defined in chapter 124, including contamination caused by those chemicals or substances.   3. Commissioner means the commissioner of public safety.   4. Department means the department of public safety.   5. Hazardous substance means any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, and other substances defined in rules adopted pursuant to section 455B.381 and controlled substances as defined in chapter 124.   6. Person having control over a clandestine laboratory site means a person who at any time possesses, produces, handles, stores, uses, transports, or disposes of a hazardous substance or controlled substance used or intended for use at a clandestine laboratory site. A person having control over a clandestine laboratory site does not include persons performing duties listed in section 124C.2 at the direction of the commissioner and does not include a person who is the owner of the property or a person holding a security interest in the property in or upon which the clandestine laboratory site is located unless the person knew that a clandestine laboratory existed in or upon the persons property.  93 Acts, ch 141, 1; 2000 Acts, ch 1148, 1; 2002 Acts, ch 1119, 12, 200, 201; 2003 Acts, ch 44, 35 
124C.2 Powers and duties of the commissioner.   1. The commissioner or the commissioners designee may use funds appropriated or otherwise available to the department for the following purposes:   a. Administrative services for the identification, assessment, and cleanup of clandestine laboratory sites.   b. Payments to other government agencies or private contractors for services consistent with the management and cleanup of a clandestine laboratory site.   c. Emergency response activities involving clandestine laboratory sites, including surveillance, entry, security, cleanup, and disposal.   2. The commissioner may request the assistance of other state, federal, and local agencies as necessary.   3. The commissioner shall proceed, pursuant to this section, to collect all costs incurred in cleanup of a clandestine laboratory site from the person having control over a clandestine laboratory site.   4. The commissioner shall make all reasonable efforts to recover the full amount of moneys expended, through litigation or otherwise. Moneys recovered shall be deposited with the treasurer of state and credited to the department of public safety.  93 Acts, ch 141, 2; 2009 Acts, ch 41, 184  Referred to in 124C.1 
124C.3 Liability to the state.   A person having control over a clandestine laboratory site shall be strictly liable to the state for all of the following:   1. The reasonable costs incurred by the state as a result of cleanup of the site.   2. The reasonable costs incurred by the state to evacuate people from the area threatened by the clandestine laboratory site.   3. The reasonable damages to the state for the injury to, destruction of, or loss of natural resources resulting from the clandestine laboratory site, including the costs of assessing the injury, destruction, or loss.  93 Acts, ch 141, 3  Referred to in 124C.4 
124C.4 Claim of state.   1. An amount for which a person having control over a clandestine laboratory is liable to the state shall constitute a lien in favor of the state upon all property and rights to property, real and personal, belonging to that person. This lien shall attach at the time the charges set out in section 124C.3 become due and payable and shall continue for ten years from the time the lien attaches unless sooner released or otherwise discharged. The lien may be extended, within ten years from the date the lien attaches, by filing a notice with the appropriate county official of the appropriate county and from the time of filing the lien shall be extended as to the property in that county for ten years, unless sooner released or otherwise discharged, with no limit on the number of extensions.   2. In order to preserve the lien against subsequent mortgagees, purchasers, or judgment creditors for value and without notice of the lien, the commissioner shall file with the recorder of the county in which the property is located a notice of the lien. A laboratory cleanup lien shall be recorded in the index of income tax liens in the county.   3. Each notice of lien shall be endorsed with the day, hour, and minute when the notice was filed for recording and the document reference number, and the notice shall be preserved, indexed, and recorded in the manner provided for recording real estate mortgages. The lien is effective from the time of its indexing. The department shall pay recording fees as provided by section 331.604 for the recording of the lien or for its satisfaction.   4. Upon payment of a charge for which the commissioner has filed a notice of lien with a county, the commissioner shall immediately file with the county a satisfaction of the charge and the satisfaction of the charge shall be indicated on the index.   5. The attorney general, upon the request of the commissioner, shall bring an action at law or in equity, without bond, to enforce payment of any charges or penalties, and in such action the attorney general shall have the assistance of the county attorney of the county in which the action is pending.   6. The remedies available to the state in this chapter shall be cumulative and no action taken by the commissioner or attorney general shall be construed to be an election on the part of the state to pursue any remedy to the exclusion of any other remedy provided by law.  93 Acts, ch 141, 4; 2002 Acts, ch 1113, 2; 2009 Acts, ch 27, 3; 2009 Acts, ch 41, 185 
124C.5 Liability of state employees or persons providing cleanup assistance.   The state and its officers or employees are not liable for damages or injury caused by a condition at a clandestine laboratory site or resulting from action or inaction taken by any officers or employees when acting in their official capacity pursuant to this chapter, unless the damage or injury resulted from intentional wrongdoing or gross negligence.  93 Acts, ch 141, 5 
124C.6 Legal remedies.   This chapter does not deny a person any legal or equitable rights, remedies, or defenses, or affect any legal relationship other than the legal relationship between the state and a person having control over a clandestine laboratory site.  93 Acts, ch 141, 6 
124C.7 Rulemaking authority.   The department may adopt rules pursuant to chapter 17A necessary to administer this chapter.  93 Acts, ch 141, 7 
CHAPTER 124D  MEDICAL CANNABIDIOL ACT  Repealed by 2017 Acts, ch 162, 23, 25; see chapter 124E 
124E.1 Short title.   This chapter shall be known and may be cited as the Medical Cannabidiol Act.  2017 Acts, ch 162, 4, 25 
124E.10 Fees.   All fees collected by the department under this chapter shall be retained by the department for operation of the medical cannabidiol registration card program and the medical cannabidiol manufacturer and medical cannabidiol dispensary licensing programs. The moneys retained by the department shall be considered repayment receipts as defined in section 8.2 and shall be used for any of the departments duties under this chapter, including but not limited to the addition of full-time equivalent positions for program services and investigations. Notwithstanding section 8.33, moneys retained by the department pursuant to this section shall not revert to the general fund of the state but shall remain available for expenditure only for the purposes specified in this section.  2017 Acts, ch 162, 13, 25; 2018 Acts, ch 1165, 124, 126 
124E.11 Department duties  rules.   1. a. The department shall maintain a confidential file of the names of each patient to or for whom the department issues a medical cannabidiol registration card and the name of each primary caregiver to whom the department issues a medical cannabidiol registration card under section 124E.4.   b. Individual names contained in the file shall be confidential and shall not be subject to disclosure, except as provided in subparagraph (1).   (1) Information in the confidential file maintained pursuant to paragraph a may be released on an individual basis to the following persons under the following circumstances:   (a) To authorized employees or agents of the department as necessary to perform the duties of the department pursuant to this chapter.   (b) To authorized employees of law enforcement agencies of a state or political subdivision thereof, but only for the purpose of verifying that a person is lawfully in possession of a medical cannabidiol registration card issued pursuant to this chapter.   (c) To authorized employees of a medical cannabidiol dispensary, but only for the purposes of verifying that a person is lawfully in possession of a medical cannabidiol registration card issued pursuant to this chapter and that a person has not purchased total tetrahydrocannabinol in excess of the amount authorized by this chapter.   (d) To any other authorized persons recognized by the department by rule, but only for the purpose of verifying that a person is lawfully in possession of a medical cannabidiol registration card issued pursuant to this chapter.   (e) To a health care practitioner for the purpose of determining whether a patient seeking a written certification pursuant to section 124E.3 has already received a written certification from another health care practitioner.   (2) Release of information pursuant to subparagraph (1) shall be consistent with the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.   2. The department shall adopt rules pursuant to chapter 17A to administer this chapter which shall include but not be limited to rules to do all of the following:   a. Govern the manner in which the department shall consider applications for new and renewal medical cannabidiol registration cards.   b. Ensure that the medical cannabidiol registration card program operates on a self-sustaining basis.   c. Establish the form and quantity of medical cannabidiol allowed to be dispensed to a patient or primary caregiver pursuant to this chapter as appropriate to serve the medical needs of patients with debilitating medical conditions, subject to recommendation by the medical cannabidiol board and approval by the board of medicine.   d. Establish requirements for the licensure of medical cannabidiol manufacturers and medical cannabidiol dispensaries and set forth procedures for medical cannabidiol manufacturers and medical cannabidiol dispensaries to obtain licenses.   e. Develop a dispensing system for medical cannabidiol within this state that provides for all of the following:   (1) Medical cannabidiol dispensaries within this state housed on secured grounds and operated by licensed medical cannabidiol dispensaries.   (2) The dispensing of medical cannabidiol to patients and their primary caregivers to occur at locations designated by the department.   f. Establish and collect annual fees from medical cannabidiol manufacturers and medical cannabidiol dispensaries to cover the costs associated with regulating and inspecting medical cannabidiol manufacturers and medical cannabidiol dispensaries.   g. Specify and implement procedures that address public safety including security procedures and product quality including measures to ensure contaminant-free cultivation of medical cannabidiol, safety, and labeling.   h. Establish and implement a real-time, statewide medical cannabidiol registry management sale tracking system that is available to medical cannabidiol dispensaries on a twenty-four-hour-a-day, seven-day-a-week basis for the purpose of verifying that a person is lawfully in possession of a medical cannabidiol registration card issued pursuant to this chapter and for tracking the date of the sale and quantity of medical cannabidiol purchased by a patient or a primary caregiver.   i. Establish and implement a medical cannabidiol inventory and delivery tracking system to track medical cannabidiol from production by a medical cannabidiol manufacturer through dispensing at a medical cannabidiol dispensary.  2017 Acts, ch 162, 14, 25; 2020 Acts, ch 1116, 21, 22 
124E.12 Use of medical cannabidiol  affirmative defenses.   1. A health care practitioner, including any authorized agent or employee thereof, shall not be subject to prosecution for the unlawful certification, possession, or administration of marijuana under the laws of this state for activities arising directly out of or directly related to the certification or use of medical cannabidiol in the treatment of a patient diagnosed with a debilitating medical condition as authorized by this chapter.   2. A medical cannabidiol manufacturer, including any authorized agent or employee thereof, shall not be subject to prosecution for manufacturing, possessing, cultivating, harvesting, transporting, packaging, processing, or supplying medical cannabidiol pursuant to this chapter.   3. A medical cannabidiol dispensary, including any authorized agent or employee thereof, shall not be subject to prosecution for dispensing medical cannabidiol pursuant to this chapter.   4. a. In a prosecution for the unlawful possession of marijuana under the laws of this state for the possession of medical cannabidiol, including but not limited to chapters 124 and 453B, it is an affirmative and complete defense to the prosecution that the patient has been diagnosed with a debilitating medical condition, used or possessed medical cannabidiol pursuant to a certification by a health care practitioner as authorized under this chapter, and, for a patient eighteen years of age or older, is in possession of a valid medical cannabidiol registration card issued pursuant to this chapter.   b. In a prosecution for the unlawful possession of marijuana under the laws of this state for the possession of medical cannabidiol, including but not limited to chapters 124 and 453B, it is an affirmative and complete defense to the prosecution that the person possessed medical cannabidiol because the person is a primary caregiver of a patient who has been diagnosed with a debilitating medical condition and is in possession of a valid medical cannabidiol registration card issued pursuant to this chapter, and where the primary caregivers possession of the medical cannabidiol is on behalf of the patient and for the patients use only as authorized under this chapter.   c. If a patient or primary caregiver is charged with the unlawful possession of marijuana under the laws of this state for the possession of medical cannabidiol, including but not limited to chapters 124 and 453B, and is not in possession of the persons medical cannabidiol registration card, any charge or charges filed against the person for the possession of medical cannabidiol shall be dismissed by the court if the person produces to the court prior to or at the persons trial a medical cannabidiol registration card issued to that person and valid at the time the person was charged.   5. An agency of this state or a political subdivision thereof, including any law enforcement agency, shall not remove or initiate proceedings to remove a patient under the age of eighteen from the home of a parent based solely upon the parents or patients possession or use of medical cannabidiol as authorized under this chapter.   6. The department and any health care practitioner, including any authorized agent or employee thereof, are not subject to any civil or disciplinary penalties by the board of medicine or any business, occupational, or professional licensing board or entity, solely for activities conducted relating to a patients possession or use of medical cannabidiol as authorized under this chapter. Nothing in this section affects a professional licensing board from taking action in response to violations of any other section of law.   7. Notwithstanding any law to the contrary, the department, the governor, or any employee of any state agency shall not be held civilly or criminally liable for any injury, loss of property, personal injury, or death caused by any act or omission while acting within the scope of office or employment as authorized under this chapter.   8. An attorney shall not be subject to disciplinary action by the Iowa supreme court or attorney disciplinary board for providing legal assistance to a patient, primary caregiver, or others based upon a patients or primary caregivers possession or use of medical cannabidiol as authorized under this chapter.   9. Possession of a medical cannabidiol registration card or an application for a medical cannabidiol registration card by a person entitled to possess or apply for a medical cannabidiol registration card shall not constitute probable cause or reasonable suspicion, and shall not be used to support a search of the person or property of the person possessing or applying for the medical cannabidiol registration card, or otherwise subject the person or property of the person to inspection by any governmental agency.  2017 Acts, ch 162, 15, 25; 2020 Acts, ch 1116, 23; 2021 Acts, ch 80, 63  Subsection 6 amended 
124E.13 Medical cannabidiol source.   Medical cannabidiol provided exclusively pursuant to a written certification of a health care practitioner, if not legally available in this state or from any other bordering state, shall be obtained from an out-of-state source.  2017 Acts, ch 162, 16, 25 
124E.14 Out-of-state medical cannabidiol dispensaries.   The department of public health shall utilize a request for proposals process to select and license by December 1, 2017, up to two out-of-state medical cannabidiol dispensaries from a bordering state to sell and dispense medical cannabidiol to a patient or primary caregiver in possession of a valid medical cannabidiol registration card issued under this chapter.  2017 Acts, ch 162, 17, 25 
124E.15 Iowa patients and primary caregivers registering in the state of Minnesota.   A patient or a primary caregiver with a valid medical cannabidiol registration card issued pursuant to this chapter may register in the state of Minnesota as a visiting qualified patient or primary caregiver and may register with one or more medical cannabis manufacturers registered under the laws of Minnesota.  2017 Acts, ch 162, 18, 25 
124E.16 Penalties.   1. A person who knowingly or intentionally possesses or uses medical cannabidiol in violation of the requirements of this chapter is subject to the penalties provided under chapters 124 and 453B.   2. A medical cannabidiol manufacturer or a medical cannabidiol dispensary shall be assessed a civil penalty of up to one thousand dollars per violation for any violation of this chapter in addition to any other applicable penalties.  2017 Acts, ch 162, 19, 25 
124E.17 Use of medical cannabidiol  smoking prohibited.   A patient shall not consume medical cannabidiol possessed or used as authorized under this chapter by smoking medical cannabidiol.  2017 Acts, ch 162, 20, 25 
124E.18 Reciprocity.   A valid medical cannabidiol registration card, or its equivalent, issued under the laws of another state that allows an out-of-state patient to possess or use medical cannabidiol in the jurisdiction of issuance shall have the same force and effect as a valid medical cannabidiol registration card issued pursuant to this chapter, except that an out-of-state patient in this state shall not obtain medical cannabidiol from a medical cannabidiol dispensary in this state.  2017 Acts, ch 162, 21, 25 
124E.19 Background investigations.   1. The division of criminal investigation of the department of public safety shall conduct thorough background investigations for the purposes of licensing medical cannabidiol manufacturers and medical cannabidiol dispensaries under this chapter. The results of any background investigation conducted pursuant to this section shall be presented to the department.   a. An applicant for a medical cannabidiol manufacturer license or a medical cannabidiol dispensary license and their owners, investors, and employees shall submit all required information on a form prescribed by the department of public safety.   b. The department shall charge an applicant for a medical cannabidiol manufacturer license or a medical cannabidiol dispensary license a fee determined by the department of public safety and adopted by the department by rule to defray the costs associated with background investigations conducted pursuant to the requirements of this section. The fee shall be in addition to any other fees charged by the department. The fee may be retained by the department of public safety and shall be considered repayment receipts as defined in section 8.2.   2. The department shall require an applicant for a medical cannabidiol manufacturer license or a medical cannabidiol dispensary license, their owners and investors, and applicants for employment at a medical cannabidiol manufacturer or medical cannabidiol dispensary to submit fingerprints and other required identifying information to the department on a form prescribed by the department of public safety. The department shall submit the fingerprint cards and other identifying information to the division of criminal investigation of the department of public safety for submission to the federal bureau of investigation for the purpose of conducting a national criminal history record check. The department may require employees and contractors involved in carrying out a background investigation to submit fingerprints and other identifying information for the same purpose.   3. The department may enter into a chapter 28E agreement with the department of public safety to meet the requirements of this section.   4. An applicant for a medical cannabidiol manufacturer license or a medical cannabidiol dispensary license shall submit information and fees required by this section at the time of application.   5. The results of background investigations conducted pursuant to this section shall not be considered public records under chapter 22.  2018 Acts, ch 1165, 125, 126  Referred to in 124E.7, 124E.9 
124E.2 Definitions.   As used in this chapter:   1. Bordering state means the same as defined in section 331.910.   2. Debilitating medical condition means any of the following:   a. Cancer, if the underlying condition or treatment produces one or more of the following:   (1) Severe or chronic pain.   (2) Nausea or severe vomiting.   (3) Cachexia or severe wasting.   b. Multiple sclerosis with severe and persistent muscle spasms.   c. Seizures, including those characteristic of epilepsy.   d. AIDS or HIV as defined in section 141A.1.   e. Crohns disease.   f. Amyotrophic lateral sclerosis.   g. Any terminal illness, with a probable life expectancy of under one year, if the illness or its treatment produces one or more of the following:   (1) Severe or chronic pain.   (2) Nausea or severe vomiting.   (3) Cachexia or severe wasting.   h. Parkinsons disease.   i. Chronic pain.   j. Severe, intractable autism with self-injurious or aggressive behaviors.   k. Post-traumatic stress disorder.   3. Department means the department of public health.   4. Disqualifying felony offense means a violation under federal or state law of a felony under federal or state law, which has as an element the possession, use, or distribution of a controlled substance, as defined in 21 U.S.C. 802(6).   5. Employee means a natural person who is employed in this state for wages by an employer.   6. Employer means a person who in this state employs for wages an employee.   7. Health care practitioner means an individual licensed under chapter 148 to practice medicine and surgery or osteopathic medicine and surgery, a physician assistant licensed under chapter 148C, an advanced registered nurse practitioner licensed under chapter 152, or an advanced practice registered nurse under chapter 152E, who is a patients primary care provider or a podiatrist licensed pursuant to chapter 149.   8. Laboratory means the state hygienic laboratory at the university of Iowa in Iowa City or any other independent medical cannabidiol testing facility accredited to standard ISO/IEC 17025 by an international organization for standards-approved accrediting body, with a controlled substance registration certificate from the United States drug enforcement administration and a certificate of registration from the board of pharmacy. For the purposes of this chapter, an independent laboratory is a laboratory operated by an entity that has no equity ownership in a medical cannabidiol manufacturer.   9. Marijuana means any derivative of marijuana including but not limited to medical cannabidiol.   10. Medical cannabidiol means any pharmaceutical grade cannabinoid found in the plant Cannabis sativa L. or Cannabis indica or any other preparation thereof that is delivered in a form recommended by the medical cannabidiol board, approved by the board of medicine, and adopted by the department pursuant to rule.   11. Primary caregiver means a person who is a resident of this state or a bordering state as defined in section 331.910, including but not limited to a parent or legal guardian, at least eighteen years of age, who has been designated by a patients health care practitioner as a necessary caretaker taking responsibility for managing the well-being of the patient with respect to the use of medical cannabidiol pursuant to the provisions of this chapter.   12. Total tetrahydrocannabinol means eighty-seven and seven-tenths percent of the amount of tetrahydrocannabinolic acid plus the amount of tetrahydrocannabinol.   13. Untreatable pain means any pain whose cause cannot be removed and, according to generally accepted medical practice, the full range of pain management modalities appropriate for the patient has been used without adequate result or with intolerable side effects.   14. Written certification means a document signed by a health care practitioner, with whom the patient has established a patient-provider relationship, which states that the patient has a debilitating medical condition and identifies that condition and provides any other relevant information.  2017 Acts, ch 162, 5, 25; 2020 Acts, ch 1116, 2  5  Referred to in 96.5, 124.401 
124E.20 Observational effectiveness study.   The department may conduct an observational effectiveness study in cooperation with patients and health care practitioners and pursuant to rules of the department in order to study the effectiveness of medical cannabidiol in the treatment of debilitating medical conditions.  2020 Acts, ch 1116, 24 
124E.21 Employer regulation of marijuana use.   1. Nothing in this chapter shall require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, distribution, sale, or growing of marijuana in the workplace.   2. Nothing in this chapter shall prohibit an employer from implementing policies restricting the use of marijuana by employees for the purpose of promoting workplace health and safety.   3. Nothing in this chapter shall prohibit an employer from including in a contract with an employee a provision prohibiting the use of marijuana.   4. Nothing in this chapter shall prohibit an employer from establishing and enforcing a zero-tolerance drug policy or a drug-free workplace by use of a drug testing policy in accordance with section 730.5 or any other procedures provided by federal statutes, federal regulations, or orders issued pursuant to federal law.  2020 Acts, ch 1116, 25 
124E.22 Regulation of marijuana use by government medical assistance programs, private health insurers, and other entities.   Nothing in this chapter shall require a government medical assistance program, private health insurer, workers compensation carrier, or self-insured employer providing workers compensation benefits to reimburse a person for costs associated with the medical use of marijuana.  2020 Acts, ch 1116, 26 
124E.23 Regulation of marijuana use on property.   Nothing in this chapter shall require a person that owns, occupies, or controls a property to allow the use, consumption, possession, transfer, display, transportation, distribution, sale, or growing of marijuana on or in that property.  2020 Acts, ch 1116, 27 
124E.24 Limitation of liability.   Nothing in this chapter shall create any claim, cause of action, sanction, or penalty, for discrimination or under any other theory of liability, under chapter 216 or any other provision of law, based on an act, omission, policy, or contractual provision permissible under this chapter including but not limited to refusing to hire, discharging, disciplining, discriminating, retaliating, or otherwise taking any adverse employment action against a person with respect to hiring, tenure, or any terms, conditions, or privileges of employment.  2020 Acts, ch 1116, 28 
124E.25 Cannabis-derived products  exemption.   This chapter shall not apply to any cannabis-derived investigational product or cannabis-derived product approved as a prescription drug medication by the United States food and drug administration.  2020 Acts, ch 1116, 29 
124E.26 Applicability.   The provisions of this chapter apply notwithstanding any other provision of law to the contrary.  2020 Acts, ch 1116, 30 
124E.3 Health care practitioner certification  duties.   1. Prior to a patients submission of an application for a medical cannabidiol registration card pursuant to section 124E.4, a health care practitioner shall do all of the following:   a. Determine, in the health care practitioners medical judgment, whether the patient whom the health care practitioner has examined and treated suffers from a debilitating medical condition that qualifies for the use of medical cannabidiol under this chapter, and if so determined, provide the patient with a written certification of that diagnosis.   b. Provide explanatory information as provided by the department to the patient about the therapeutic use of medical cannabidiol and the possible risks, benefits, and side effects of the proposed treatment.   2. Subsequently, the health care practitioner shall do the following:   a. Determine, on an annual basis, if the patient continues to suffer from a debilitating medical condition and, if so, issue the patient a new certification of that diagnosis.   b. Otherwise comply with all requirements established by the department pursuant to rule.   3. A health care practitioner may provide, but has no duty to provide, a written certification pursuant to this section.  2017 Acts, ch 162, 6, 25  Referred to in 124E.11 
124E.4 Medical cannabidiol registration card.   1. Issuance to patient. Subject to subsection 6, the department may issue a medical cannabidiol registration card to a patient who:   a. Is at least eighteen years of age.   b. Is a permanent resident of this state.   c. Submits a written certification to the department signed by the patients health care practitioner that the patient is suffering from a debilitating medical condition.   d. Submits an application to the department, on a form created by the department, that contains all of the following:   (1) The patients full name, Iowa residence address, date of birth, and telephone number.   (2) A copy of the patients valid photo identification.   (3) Full name, address, and telephone number of the patients health care practitioner.   (4) Full name, residence address, date of birth, and telephone number of each primary caregiver of the patient, if any.   (5) Any other information required by rule.   e. Submits a medical cannabidiol registration card fee of one hundred dollars to the department. If the patient attests to receiving social security disability benefits, supplemental security insurance payments, or being enrolled in the medical assistance program, the fee shall be twenty-five dollars.   2. Patient card contents. A medical cannabidiol registration card issued to a patient by the department pursuant to subsection 1 shall contain, at a minimum, all of the following:   a. The patients full name, Iowa residence address, and date of birth.   b. The date of issuance and expiration date of the medical cannabidiol registration card.   c. Any other information required by rule.   3. Issuance to primary caregiver. For a patient in a primary caregivers care, subject to subsection 6, the department may issue a medical cannabidiol registration card to the primary caregiver who:   a. Submits a written certification to the department signed by the patients health care practitioner that the patient in the primary caregivers care is suffering from a debilitating medical condition.   b. Submits an application to the department, on a form created by the department, that contains all of the following:   (1) The primary caregivers full name, residence address, date of birth, and telephone number.   (2) The patients full name.   (3) A copy of the primary caregivers valid photo identification.   (4) Full name, address, and telephone number of the patients health care practitioner.   (5) Any other information required by rule.   c. Submits a medical cannabidiol registration card fee of twenty-five dollars to the department.   4. Primary caregiver card contents. A medical cannabidiol registration card issued by the department to a primary caregiver pursuant to subsection 3 shall contain, at a minimum, all of the following:   a. The primary caregivers full name, residence address, and date of birth.   b. The date of issuance and expiration date of the registration card.   c. The medical cannabidiol registration card number of each patient in the primary caregivers care. If the patient in the primary caregivers care is under the age of eighteen, the full name of the patients parent or legal guardian.   d. Any other information required by rule.   5. Expiration date of card. A medical cannabidiol registration card issued pursuant to this section shall expire one year after the date of issuance and may be renewed.   6. Federally approved clinical trials. The department shall not approve the issuance of a medical cannabidiol registration card pursuant to this section for a patient who is enrolled in a federally approved clinical trial for the treatment of a debilitating medical condition with medical cannabidiol.  2017 Acts, ch 162, 7, 25; 2019 Acts, ch 24, 17, 18; 2020 Acts, ch 1116, 6  16  Referred to in 124E.3, 124E.11 
124E.5 Medical cannabidiol board  duties.   1. a. A medical cannabidiol board is created consisting of eight practitioners representing the fields of neurology, pain management, gastroenterology, oncology, psychiatry, pediatrics, family medicine, and pharmacy, and one representative from law enforcement.   b. The practitioners shall be licensed in this state and nationally board-certified in their area of specialty and knowledgeable about the use of medical cannabidiol.   c. Applicants for membership on the board shall submit a membership application to the department and the governor shall appoint members from the applicant pool.   d. For purposes of this subsection, representative from law enforcement means a regularly employed member of a police force of a city or county, including a sheriff, or of the state patrol, in this state, who is responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state.   2. The medical cannabidiol board shall convene at least twice per year.   3. The duties of the medical cannabidiol board shall include but not be limited to the following:   a. Accepting and reviewing petitions to add medical conditions, medical treatments, or debilitating diseases to the list of debilitating medical conditions for which the medical use of cannabidiol would be medically beneficial under this chapter.   b. Making recommendations relating to the removal or addition of debilitating medical conditions to the list of allowable debilitating medical conditions for which the medical use of cannabidiol under this chapter would be medically beneficial.   c. Working with the department regarding the requirements for the licensure of medical cannabidiol manufacturers and medical cannabidiol dispensaries, including licensure procedures.   d. Advising the department regarding the location of medical cannabidiol manufacturers and medical cannabidiol dispensaries throughout the state.   e. Making recommendations relating to the form and quantity of allowable medical uses of cannabidiol.   4. Recommendations made by the medical cannabidiol board pursuant to subsection 3, paragraphs b and e, shall be made to the board of medicine for consideration, and if approved, shall be adopted by the board of medicine by rule.   5. On or before January 1 of each year, beginning January 1, 2018, the medical cannabidiol board shall submit a report detailing the activities of the board.   6. The general assembly shall have the sole authority to revise the definition of medical cannabidiol for purposes of this chapter.  2017 Acts, ch 162, 8, 25; 2020 Acts, ch 1116, 17 
124E.6 Medical cannabidiol manufacturer licensure.   1. a. The department shall issue a request for proposals to select and license by December 1, 2017, up to two medical cannabidiol manufacturers to manufacture and to possess, cultivate, harvest, transport, package, process, or supply medical cannabidiol within this state consistent with the provisions of this chapter. The department shall license new medical cannabidiol manufacturers or relicense the existing medical cannabidiol manufacturers by December 1 of each year.   b. Information submitted during the application process shall be confidential until a medical cannabidiol manufacturer is licensed by the department unless otherwise protected from disclosure under state or federal law.   2. As a condition for licensure, a medical cannabidiol manufacturer must agree to begin supplying medical cannabidiol to medical cannabidiol dispensaries in this state no later than December 1, 2018.   3. The department shall consider the following factors in determining whether to select and license a medical cannabidiol manufacturer:   a. The technical expertise of the medical cannabidiol manufacturer regarding medical cannabidiol.   b. The qualifications of the medical cannabidiol manufacturers employees.   c. The long-term financial stability of the medical cannabidiol manufacturer.   d. The ability to provide appropriate security measures on the premises of the medical cannabidiol manufacturer.   e. Whether the medical cannabidiol manufacturer has demonstrated an ability to meet certain medical cannabidiol production needs for medical use regarding the range of recommended dosages for each debilitating medical condition, the range of chemical compositions of any plant of the genus cannabis that will likely be medically beneficial for each of the debilitating medical conditions, and the form of the medical cannabidiol in the manner determined by the department pursuant to rule.   f. The medical cannabidiol manufacturers projection of and ongoing assessment of fees on patients with debilitating medical conditions.   4. A medical cannabidiol manufacturer shall contract with a laboratory to perform spot-check testing of the medical cannabidiol produced by the medical cannabidiol manufacturer as provided in section 124E.7. The department shall require that the laboratory report testing results to the medical cannabidiol manufacturer and the department as determined by the department by rule. If a medical cannabidiol manufacturer contracts with a laboratory other than the state hygienic laboratory at the university of Iowa in Iowa City, the department shall approve the laboratory to perform testing pursuant to this chapter.   5. Each entity submitting an application for licensure as a medical cannabidiol manufacturer shall pay a nonrefundable application fee of seven thousand five hundred dollars to the department.  2017 Acts, ch 162, 9, 25; 2020 Acts, ch 1116, 18 
124E.7 Medical cannabidiol manufacturers.   1. A medical cannabidiol manufacturer shall contract with a laboratory to perform spot-check testing of the medical cannabidiol produced by the medical cannabidiol manufacturer as to content, contamination, and consistency. The cost of all laboratory testing shall be paid by the medical cannabidiol manufacturer.   2. The operating documents of a medical cannabidiol manufacturer shall include all of the following:   a. Procedures for the oversight of the medical cannabidiol manufacturer and procedures to ensure accurate recordkeeping.   b. Procedures for the implementation of appropriate security measures to deter and prevent the theft of medical cannabidiol and unauthorized entrance into areas containing medical cannabidiol.   3. A medical cannabidiol manufacturer shall implement security requirements, including requirements for protection of each location by a fully operational security alarm system, facility access controls, perimeter intrusion detection systems, and a personnel identification system.   4. A medical cannabidiol manufacturer shall not share office space with, refer patients to, or have any financial relationship with a health care practitioner.   5. A medical cannabidiol manufacturer shall not permit any person to consume medical cannabidiol on the property of the medical cannabidiol manufacturer.   6. A medical cannabidiol manufacturer is subject to reasonable inspection by the department.   7. A medical cannabidiol manufacturer shall not employ a person who is under eighteen years of age or who has been convicted of a disqualifying felony offense. An employee of a medical cannabidiol manufacturer shall be subject to a background investigation conducted by the division of criminal investigation of the department of public safety and a national criminal history background check pursuant to section 124E.19.   8. A medical cannabidiol manufacturer owner shall not have been convicted of a disqualifying felony offense and shall be subject to a background investigation conducted by the division of criminal investigation of the department of public safety and a national criminal history background check pursuant to section 124E.19.   9. A medical cannabidiol manufacturer shall not operate at the same physical location as a medical cannabidiol dispensary.   10. A medical cannabidiol manufacturer shall not operate in any location, whether for manufacturing, possessing, cultivating, harvesting, transporting, packaging, processing, or supplying, within one thousand feet of a public or private school existing before the date of the medical cannabidiol manufacturers licensure by the department.   11. A medical cannabidiol manufacturer shall comply with reasonable restrictions set by the department relating to signage, marketing, display, and advertising of medical cannabidiol.   12. a. A medical cannabidiol manufacturer shall provide a reliable and ongoing supply of medical cannabidiol to medical cannabidiol dispensaries pursuant to this chapter.   b. All manufacturing, cultivating, harvesting, packaging, and processing of medical cannabidiol shall take place in an enclosed, locked facility at a physical address provided to the department during the licensure process.   c. A medical cannabidiol manufacturer shall not manufacture edible medical cannabidiol products.  2017 Acts, ch 162, 10, 25; 2018 Acts, ch 1165, 122, 126; 2020 Acts, ch 1116, 19  Referred to in 124E.6 
124E.8 Medical cannabidiol dispensary licensure.   1. a. The department shall issue a request for proposals to select and license by April 1, 2018, up to five medical cannabidiol dispensaries to dispense medical cannabidiol within this state consistent with the provisions of this chapter. The department shall license new medical cannabidiol dispensaries or relicense the existing medical cannabidiol dispensaries by December 1 of each year.   b. Information submitted during the application process shall be confidential until a medical cannabidiol dispensary is licensed by the department unless otherwise protected from disclosure under state or federal law.   2. As a condition for licensure, a medical cannabidiol dispensary must agree to begin supplying medical cannabidiol to patients by December 1, 2018.   3. The department shall consider the following factors in determining whether to select and license a medical cannabidiol dispensary:   a. The technical expertise of the medical cannabidiol dispensary regarding medical cannabidiol.   b. The qualifications of the medical cannabidiol dispensarys employees.   c. The long-term financial stability of the medical cannabidiol dispensary.   d. The ability to provide appropriate security measures on the premises of the medical cannabidiol dispensary.   e. The medical cannabidiol dispensarys projection and ongoing assessment of fees for the purchase of medical cannabidiol on patients with debilitating medical conditions.   4. Each entity submitting an application for licensure as a medical cannabidiol dispensary shall pay a nonrefundable application fee of five thousand dollars to the department.  2017 Acts, ch 162, 11, 25 
124E.9 Medical cannabidiol dispensaries.   1. a. The medical cannabidiol dispensaries shall be located based on geographical need throughout the state to improve patient access.   b. A medical cannabidiol dispensary may dispense medical cannabidiol pursuant to the provisions of this chapter but shall not dispense any medical cannabidiol in a form or quantity other than the form or quantity allowed by the department pursuant to rule.   2. The operating documents of a medical cannabidiol dispensary shall include all of the following:   a. Procedures for the oversight of the medical cannabidiol dispensary and procedures to ensure accurate recordkeeping.   b. Procedures for the implementation of appropriate security measures to deter and prevent the theft of medical cannabidiol and unauthorized entrance into areas containing medical cannabidiol.   3. A medical cannabidiol dispensary shall implement security requirements, including requirements for protection by a fully operational security alarm system, facility access controls, perimeter intrusion detection systems, and a personnel identification system.   4. A medical cannabidiol dispensary shall not share office space with, refer patients to, or have any financial relationship with a health care practitioner.   5. A medical cannabidiol dispensary shall not permit any person to consume medical cannabidiol on the property of the medical cannabidiol dispensary.   6. A medical cannabidiol dispensary is subject to reasonable inspection by the department.   7. A medical cannabidiol dispensary shall not employ a person who is under eighteen years of age or who has been convicted of a disqualifying felony offense. An employee of a medical cannabidiol dispensary shall be subject to a background investigation conducted by the division of criminal investigation of the department of public safety and a national criminal history background check pursuant to section 124E.19.   8. A medical cannabidiol dispensary owner shall not have been convicted of a disqualifying felony offense and shall be subject to a background investigation conducted by the division of criminal investigation of the department of public safety and a national criminal history background check pursuant to section 124E.19.   9. A medical cannabidiol dispensary shall not operate at the same physical location as a medical cannabidiol manufacturer.   10. A medical cannabidiol dispensary shall not operate in any location within one thousand feet of a public or private school existing before the date of the medical cannabidiol dispensarys licensure by the department.   11. A medical cannabidiol dispensary shall comply with reasonable restrictions set by the department relating to signage, marketing, display, and advertising of medical cannabidiol.   12. Prior to dispensing of any medical cannabidiol, a medical cannabidiol dispensary shall do all of the following:   a. Verify that the medical cannabidiol dispensary has received a valid medical cannabidiol registration card from a patient or a patients primary caregiver, if applicable.   b. Assign a tracking number to any medical cannabidiol dispensed from the medical cannabidiol dispensary.   c. Properly package medical cannabidiol in compliance with federal law regarding child resistant packaging and exemptions for packaging for elderly patients, and label medical cannabidiol with a list of all active ingredients and individually identifying information.   13. A medical cannabidiol dispensary shall employ a pharmacist or pharmacy technician licensed or registered pursuant to chapter 155A for the purpose of making dosing recommendations.   14. A medical cannabidiol dispensary shall not dispense more than a combined total of four and one-half grams of total tetrahydrocannabinol to a patient and the patients primary caregiver in a ninety-day period, except as provided in subsection 15.   15. A medical cannabidiol dispensary may dispense more than a combined total of four and one-half grams of total tetrahydrocannabinol to a patient and the patients primary caregiver in a ninety-day period if any of the following apply:   a. The health care practitioner who certified the patient to receive a medical cannabidiol registration card certifies that patients debilitating medical condition is a terminal illness with a life expectancy of less than one year. A certification issued pursuant to this paragraph shall include a total tetrahydrocannabinol cap deemed appropriate by the patients health care practitioner.   b. The health care practitioner who certified the patient to receive a medical cannabidiol registration card certifies that the patient has participated in the medical cannabidiol program and that the health care practitioner has determined that four and one-half grams of total tetrahydrocannabinol in a ninety-day period is insufficient to treat the patients debilitating medical condition. A certification issued pursuant to this paragraph shall include a total tetrahydrocannabinol cap deemed appropriate by the patients health care practitioner.  2017 Acts, ch 162, 12, 25; 2018 Acts, ch 1165, 123, 126; 2020 Acts, ch 1116, 20; 2020 Acts, ch 1121, 62, 70 
125.1 Declaration of policy.   It is the policy of this state:   1. That persons with substance-related disorders be afforded the opportunity to receive quality treatment and directed into rehabilitation services which will help them resume a socially acceptable and productive role in society.   2. To encourage substance abuse education and prevention efforts and to insure that such efforts are coordinated to provide a high quality of services without unnecessary duplication.   3. To insure that substance abuse programs are being operated by individuals who are qualified in their field whether through formal education or through employment or personal experience.  [C71, 73, 123B.2; C75, 77, 79, 81, 125.1]  [A portion of subsection 1 was inadvertently omitted in the 1993 Code]  2011 Acts, ch 121, 24, 62  Referred to in 125.3, 125.7 
125.10 Duties of director.   The director shall:   1. Prepare and submit a state plan subject to approval by the board and in accordance with 42 U.S.C. 300x-21 et seq. The state plan shall designate the department as the sole agency for supervising the administration of the plan.   2. Develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of substance misuse and the treatment of persons with substance-related disorders in cooperation with public and private agencies, organizations and individuals, and provide technical assistance and consultation services for these purposes.   3. Coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in the prevention of substance misuse and the treatment of persons with substance-related disorders. The directors actions to implement this subsection shall also address the treatment needs of persons who have a mental illness, an intellectual disability, brain injury, or other co-occurring condition in addition to a substance-related disorder.   4. Cooperate with the department of human services and the Iowa department of public health in establishing and conducting programs to provide treatment for persons with substance-related disorders.   5. Cooperate with the department of education, boards of education, schools, police departments, courts, and other public and private agencies, organizations, and individuals in establishing programs for the prevention of substance misuse and the treatment of persons with substance-related disorders, and in preparing relevant curriculum materials for use at all levels of school education.   6. Prepare, publish, evaluate and disseminate educational material dealing with the nature and effects of chemical substances.   7. Develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of persons with substance-related disorders, which program shall include the dissemination of information concerning the nature and effects of substances.   8. Organize and implement, in cooperation with local treatment programs, training programs for all persons engaged in treatment of persons with substance-related disorders.   9. Sponsor and implement research in cooperation with local treatment programs into the causes and nature of substance misuse and treatment of persons with substance-related disorders, and serve as a clearing house for information relating to substance misuse.   10. Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment.   11. Develop and implement, with the counsel and approval of the board, the comprehensive plan for treatment of persons with substance-related disorders in accordance with this chapter.   12. Assist in the development of, and cooperate with, substance abuse education and treatment programs for employees of state and local governments and businesses and industries in the state.   13. Utilize the support and assistance of interested persons in the community, particularly persons who are recovering from substance-related disorders to encourage persons with substance-related disorders to voluntarily undergo treatment.   14. Cooperate with the commissioner of public safety in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated.   15. Encourage general hospitals and other appropriate health facilities to admit without discrimination persons with substance-related disorders and to provide them with adequate and appropriate treatment. The director may negotiate and implement contracts with hospitals and other appropriate health facilities with adequate detoxification facilities.   16. Encourage all health and disability insurance programs to include substance-related disorders as covered illnesses.   17. Review all state health, welfare, education and treatment proposals to be submitted for federal funding under federal legislation, and advise the governor on provisions to be included relating to substance misuse and persons with substance-related disorders.  [C62, 66, 123A.5; C71, 73, 123B.17; C75, 77, 125.10, 224B.5; C79, 81, 125.10; 81 Acts, ch 58, 3]  83 Acts, ch 96, 157, 159; 90 Acts, ch 1085, 4; 2005 Acts, ch 175, 64; 2011 Acts, ch 121, 30, 62; 2012 Acts, ch 1021, 41; 2012 Acts, ch 1120, 62; 2014 Acts, ch 1092, 30, 167  Referred to in 125.3, 125.7 
125.12 Comprehensive program for treatment  regional facilities.   1. The board shall review the comprehensive substance abuse program implemented by the department for the treatment of persons with substance-related disorders and concerned family members. Subject to the review of the board, the director shall divide the state into appropriate regions for the conduct of the program and establish standards for the development of the program on the regional level. In establishing the regions, consideration shall be given to city and county lines, population concentrations, and existing substance abuse treatment services.   2. The program of the department shall include:   a. Emergency treatment provided by a facility affiliated with or part of the medical service of a general hospital.   b. Inpatient treatment.   c. Residential treatment.   d. Outpatient and follow-up treatment and rehabilitation.   e. Prevention and education.   f. Assessment.   g. Halfway house treatment.   3. The director shall provide for adequate and appropriate treatment for persons with substance-related disorders and concerned family members admitted under sections 125.33 and 125.34, or under section 125.75, 125.81, or 125.91. Treatment shall not be provided at a correctional institution except for inmates. A mental health professional who is employed by a treatment provider under the program may provide treatment to a person with co-occurring substance-related and mental health disorders. Such treatment may also be provided by a person employed by such a treatment provider who is receiving the supervision required to meet the definition of mental health professional but has not completed the supervision component.   4. The director shall maintain, supervise and control all facilities operated by the director pursuant to this chapter.   5. All appropriate public and private resources shall be coordinated with and utilized in the program if possible.   6. The director shall prepare, publish and distribute annually a list of all facilities.   7. The director may contract for the use of a facility if the director, pursuant to section 125.44, considers this to be an effective and economical course to follow.  [C75, 77, 79, 81, 125.12; 82 Acts, ch 1212, 23]  86 Acts, ch 1001, 3; 86 Acts, ch 1245, 1129; 90 Acts, ch 1085, 5; 2005 Acts, ch 175, 65; 2011 Acts, ch 121, 31, 62; 2012 Acts, ch 1120, 63; 2017 Acts, ch 34, 2  Referred to in 125.3, 125.7, 321J.25 
125.13 Programs licensed  exceptions.   1. a. Except as provided in subsection 2, a person shall not maintain or conduct any chemical substitutes or antagonists program, residential program, or nonresidential outpatient program, the primary purpose of which is the treatment and rehabilitation of persons with substance-related disorders without having first obtained a written license for the program from the department.   b. Four types of licenses may be issued by the department. A renewable license may be issued for one, two, or three years. A treatment program applying for its initial license may be issued a license for two hundred seventy days. A license issued for two hundred seventy days shall not be renewed or extended.   2. The licensing requirements of this chapter do not apply to any of the following:   a. A hospital providing care or treatment to persons with substance-related disorders licensed under chapter 135B which is accredited by the joint commission on the accreditation of health care organizations, the commission on accreditation of rehabilitation facilities, the American osteopathic association, or another recognized organization approved by the board. All survey reports from the accrediting or licensing body must be sent to the department.   b. Any practitioner of medicine and surgery or osteopathic medicine and surgery, in the practitioners private practice. However, a program shall not be exempted from licensing by the board by virtue of its utilization of the services of a medical practitioner in its operation.   c. Private institutions conducted by and for persons who adhere to the faith of any well recognized church or religious denomination for the purpose of providing care, treatment, counseling, or rehabilitation to persons with substance-related disorders and who rely solely on prayer or other spiritual means for healing in the practice of religion of such church or denomination.   d. A program that provides only education, prevention, referral or post treatment services.   e. Alcoholics anonymous.   f. Individuals in private practice who are providing substance abuse treatment services independent from a program that is required to be licensed under subsection 1.   g. Intervention and referral programs which are financed and managed by a county or counties, are staffed by county employees, and do not receive state payments pursuant to a contract under section 125.44.   h. Voluntary, nonprofit groups whose funding is provided solely from nontax sources.   i. A substance abuse treatment program not funded by the department which is accredited or licensed by the joint commission on the accreditation of health care organizations, the commission on the accreditation of rehabilitation facilities, the American osteopathic association, or another recognized organization approved by the board. All survey reports from the accrediting or licensing body must be sent to the department.   j. A hospital substance abuse treatment program that is accredited or licensed by the joint commission on the accreditation of health care organizations, the commission on the accreditation of rehabilitation facilities, the American osteopathic association, or another recognized organization approved by the board. All survey reports for the hospital substance abuse treatment program from the accrediting or licensing body shall be sent to the department.  [C75, 77, 125.14, 224B.12, 224B.13; C79, 81, 125.13; 81 Acts, ch 58, 4  7; 82 Acts, ch 1244, 1, 2]  86 Acts, ch 1001, 4; 89 Acts, ch 243, 2; 90 Acts, ch 1085, 6, 7; 94 Acts, ch 1068, 1; 2002 Acts, ch 1108, 4, 5; 2005 Acts, ch 175, 66; 2009 Acts, ch 41, 263; 2011 Acts, ch 121, 32, 33, 62  Referred to in 125.2, 125.3, 125.7, 125.20, 125.21, 125.58, 125.59, 135H.4 
125.14 Licenses  renewal  fees.   The board shall consider all cases involving initial issuance, and renewal, denial, suspension, or revocation of a license. The department shall issue a license to an applicant whom the board determines meets the licensing requirements of this chapter. Licenses shall expire no later than three years from the date of issuance and shall be renewed upon timely application made in the same manner as for initial issuance of a license unless notice of nonrenewal is given to the licensee at least thirty days prior to the expiration of the license. The department shall not charge a fee for licensing or renewal of programs contracting with the department for provision of treatment services. A fee may be charged to other licensees.  [C75, 77, 224B.14, 224B.15; C79, 81, 125.14; 81 Acts, ch 58, 8]  89 Acts, ch 243, 3; 2000 Acts, ch 1140, 19; 2002 Acts, ch 1108, 6; 2005 Acts, ch 175, 67  Referred to in 125.3, 125.7 
125.14A Personnel of a licensed program admitting juveniles.   1. If a person is being considered for licensure under this chapter, or for employment involving direct responsibility for a child or with access to a child when the child is alone, by a program admitting juveniles subject to licensure under this chapter, or if a person will reside in a facility utilized by such a program, and if the person has been convicted of a crime or has a record of founded child abuse, the department of human services and the program, for an employee of the program, shall perform an evaluation to determine whether the crime or founded child abuse warrants prohibition of licensure, employment, or residence in the facility. The department of human services shall conduct criminal and child abuse record checks in this state and may conduct these checks in other states. The evaluation shall be performed in accordance with procedures adopted for this purpose by the department of human services.   2. If the department of human services determines that a person has committed a crime or has a record of founded child abuse and is licensed, employed by a program licensed under this chapter, or resides in a licensed facility the department shall notify the program that an evaluation will be conducted to determine whether prohibition of the persons licensure, employment, or residence is warranted.   3. In an evaluation, the department of human services and the program for an employee of the program shall consider the nature and seriousness of the crime or founded child abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child abuse, the circumstances under which the crime or founded child abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child abuse again, and the number of crimes or founded child abuses committed by the person involved. The department of human services may permit a person who is evaluated to be licensed, employed, or to reside, or to continue to be licensed, employed, or to reside in a program, if the person complies with the departments conditions relating to the persons licensure, employment, or residence, which may include completion of additional training. For an employee of a licensee, these conditional requirements shall be developed with the licensee. The department of human services has final authority in determining whether prohibition of the persons licensure, employment, or residence is warranted and in developing any conditional requirements under this subsection.   4. If the department of human services determines that the person has committed a crime or has a record of founded child abuse which warrants prohibition of licensure, employment, or residence, the person shall not be licensed under this chapter to operate a program admitting juveniles and shall not be employed by a program or reside in a facility admitting juveniles licensed under this chapter.   5. In addition to the record checks required under this section, the department of human services may conduct dependent adult abuse record checks in this state and may conduct these checks in other states, on a random basis. The provisions of this section, relative to an evaluation following a determination that a person has been convicted of a crime or has a record of founded child abuse, shall also apply to a random check conducted under this subsection.   6. Beginning July 1, 1994, a program or facility shall inform all new applicants for employment of the possibility of the performance of a record check and shall obtain, from the applicant, a signed acknowledgment of the receipt of the information.   7. On or after July 1, 1994, a program or facility shall include the following inquiry in an application for employment:   Do you have a record of founded child or dependent adult abuse or have you ever been convicted of a crime, in this state or any other state?  90 Acts, ch 1221, 1; 91 Acts, ch 138, 1; 92 Acts, ch 1163, 33; 94 Acts, ch 1130, 11  Referred to in 125.3, 125.7 
125.15 Inspections.   The department may inspect the facilities and review the procedures utilized by any chemical substitutes or antagonists program, residential program, or nonresidential outpatient program that has as a primary purpose the treatment and rehabilitation of persons with substance-related disorders, for the purpose of ensuring compliance with this chapter and the rules adopted pursuant to this chapter. The examination and review may include case record audits and interviews with staff and patients, consistent with the confidentiality safeguards of state and federal law.  [C75, 77, 224B.16; C79, 81, 125.15]  86 Acts, ch 1245, 1130; 2000 Acts, ch 1140, 20; 2011 Acts, ch 121, 34, 62  Referred to in 125.3, 125.7 
125.15A Licensure  emergencies.   1. The department may place an employee or agent to serve as a monitor in a licensed substance abuse treatment program or may petition the court for appointment of a receiver for a program when any of the following conditions exist:   a. The program is operating without a license.   b. The board has suspended, revoked, or refused to renew the existing license of the program.   c. The program is closing or has informed the department that it intends to close and adequate arrangements for the location of clients have not been made at least thirty days before the closing.   d. The department determines that an emergency exists, whether or not it has initiated revocation or nonrenewal procedures, and because of the unwillingness or inability of the licensee to remedy the emergency, the department determines that a monitor or receiver is necessary. As used in this paragraph, emergency means a threat to the health, safety, or welfare of a client that the program is unwilling or unable to correct.   2. The monitor shall observe operation of the program, assist the program with advice regarding compliance with state regulations, and report periodically to the department on the operation of the program.  93 Acts, ch 139, 1; 2005 Acts, ch 175, 68  Referred to in 125.3, 125.7 
125.16 Transfer of license or change of location prohibited.   A license issued under this chapter may not be transferred, and the location of the physical facilities occupied or utilized by any program licensed under this chapter shall not be changed without the prior written consent of the board.  [C75, 77, 224B.17; C79, 81, 125.16]  2005 Acts, ch 175, 69  Referred to in 125.3, 125.7 
125.17 License suspension or revocation.   Violation of any of the requirements or restrictions of this chapter or of any of the rules adopted pursuant to this chapter is cause for suspension, revocation, or refusal to renew a license. The director shall at the earliest time feasible notify a licensee whose license the board is considering suspending or revoking and shall inform the licensee what changes must be made in the licensees operation to avoid such action. The licensee shall be given a reasonable time for compliance, as determined by the director, after receiving such notice or a notice that the board does not intend to renew the license. When the licensee believes compliance has been achieved, or if the licensee considers the proposed suspension, revocation, or refusal to renew unjustified, the licensee may submit pertinent information to the board and the board shall expeditiously make a decision in the matter and notify the licensee of the decision.  [C75, 77, 224B.18; C79, 81, 125.17]  2005 Acts, ch 175, 70  Referred to in 125.3, 125.7 
125.18 Hearing before board.   If a licensee under this chapter makes a written request for a hearing within thirty days of suspension, revocation, or refusal to renew a license, a hearing before the board shall be expeditiously arranged by the department of inspections and appeals whose decision is subject to review by the board. The board shall issue a written statement of the boards findings within thirty days after conclusion of the hearing upholding or reversing the proposed suspension, revocation, or refusal to renew a license. Action involving suspension, revocation, or refusal to renew a license shall not be taken by the board unless a quorum is present at the meeting. A copy of the boards decision shall be promptly transmitted to the affected licensee who may, if aggrieved by the decision, seek judicial review of the actions of the board in accordance with the terms of chapter 17A.  [C75, 77, 224B.19; C79, 81, 125.18]  86 Acts, ch 1245, 1131; 2005 Acts, ch 175, 71  Referred to in 125.3, 125.7 
125.19 Reissuance or reinstatement.   After suspension, revocation, or refusal to renew a license pursuant to this chapter, the affected licensee shall not have the license reissued or reinstated within one year of the effective date of the suspension, revocation, or expiration upon refusal to renew, unless the board orders otherwise. After that time, proof of compliance with the requirements and restrictions of this chapter and the rules adopted pursuant to this chapter must be presented to the board prior to reinstatement or reissuance of a license.  [C75, 77, 224B.20; C79, 81, 125.19]  2005 Acts, ch 175, 72  Referred to in 125.3, 125.7 
125.2 Definitions.   For purposes of this chapter, unless the context clearly indicates otherwise:   1. Board means the state board of health created pursuant to chapter 136.   2. Chemical substance means alcohol, wine, spirits, and beer as defined in chapter 123 and controlled substances as defined in section 124.101.   3. Chief medical officer means the medical director in charge of a public or private hospital, or the directors physician-designee. This chapter does not negate the authority otherwise reposed by chapter 226 in the respective superintendents of the state mental health institutes to make decisions regarding the appropriateness of admissions or discharges of patients of those institutes, however, it is the intent of this chapter that a superintendent who is not a licensed physician shall be guided in these decisions by the chief medical officer of the institute.   4. Clerk means the clerk of the district court.   5. County of residence means the same as defined in section 331.394.   6. Department means the Iowa department of public health.   7. Director means the director of the Iowa department of public health.   8. Facility means an institution, a detoxification center, or an installation providing care, maintenance and treatment for persons with substance-related disorders licensed by the department under section 125.13, hospitals licensed under chapter 135B, or the state mental health institutes designated by chapter 226.   9. Incapacitated by a chemical substance means that a person, as a result of the use of a chemical substance, is unconscious or has the persons judgment otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the need for treatment.   10. Incompetent person means a person who has been adjudged incompetent by a court of law.   11. Interested person means a person who, in the discretion of the court, is legitimately concerned that a respondent receive substance abuse treatment services.   12. Mental health professional means the same as defined in section 228.1.   13. Psychiatric advanced registered nurse practitioner means an individual currently licensed as a registered nurse under chapter 152 or 152E who holds a national certification in psychiatric mental health care and who is licensed by the board of nursing as an advanced registered nurse practitioner.   14. Respondent means a person against whom an application is filed under section 125.75.   15. Substance-related disorder means a diagnosable substance abuse disorder of sufficient duration to meet diagnostic criteria specified within the most current diagnostic and statistical manual of mental disorders published by the American psychiatric association that results in a functional impairment.  [C62, 66, 123A.1; C71, 73, 123A.1, 123B.1; C75, 77, 125.2; C79, 81, 125.2, 229.50; 81 Acts, ch 58, 1; 82 Acts, ch 1212, 1]  86 Acts, ch 1245, 1122; 89 Acts, ch 197, 21; 90 Acts, ch 1085, 1, 2; 2005 Acts, ch 175, 59, 60; 2008 Acts, ch 1082, 1; 2011 Acts, ch 121, 25  28, 62; 2012 Acts, ch 1021, 40; 2015 Acts, ch 56, 1; 2017 Acts, ch 34, 1; 2018 Acts, ch 1137, 21, 22  Referred to in 125.3, 125.7, 125.44, 125.75, 229.6, 282.19, 321J.24, 321J.25, 600A.8, 709.16 
125.20 Rules.   The department shall establish rules pursuant to chapter 17A requiring facilities to use reasonable accounting and reimbursement systems which recognize relevant cost-related factors for substance abuse patients. A facility shall not be licensed nor shall any payment be made under this chapter to a facility which fails to comply with those rules or which does not permit inspection by the department or examination of all records, including financial records, methods of administration, general and special dietary programs, the disbursement of drugs and methods of supply, and any other records the department deems relevant to the establishment of such a system. However, rules issued pursuant to this paragraph shall not apply to any facility referred to in section 125.13, subsection 2 or section 125.43.  [C77, 125.13(8); C79, 81, 125.20]  86 Acts, ch 1245, 1132  Referred to in 125.3, 125.7 
125.21 Chemical substitutes and antagonists programs.   1. The board has exclusive power in this state to approve and license chemical substitutes and antagonists programs, and to monitor chemical substitutes and antagonists programs to ensure that the programs are operating within the rules adopted pursuant to this chapter. The board shall grant approval and license if the requirements of the rules are met and state funding is not requested. The chemical substitutes and antagonists programs conducted by persons exempt from the licensing requirements of this chapter pursuant to section 125.13, subsection 2, are subject to approval and licensure under this section.   2. The department may do any of the following:   a. Provide advice, consultation, and technical assistance to chemical substitutes and antagonists programs.   b. Approve local agencies or bodies to assist the department in carrying out the provisions of this chapter.  [C75, 77, 224B.21; C79, 81, 125.21; 81 Acts, ch 58, 9]  87 Acts, ch 32, 1; 97 Acts, ch 203, 12; 2005 Acts, ch 175, 73  Referred to in 125.3, 125.7 
125.25 Approval of facility budget.   1. Before making any allocation of funds to a local substance abuse program, the department shall require a detailed line item budget clearly indicating the funds received from each revenue source for the fiscal year for which the funds are requested on forms provided by the department for each program.   2. The department shall adopt rules governing the approval of line item budgets for the operation of facilities. The rules shall include provisions for the approval of a facilitys budget by the department.  [C79, 81, 125.25]  86 Acts, ch 1001, 5; 86 Acts, ch 1245, 1133  Referred to in 125.3, 125.7 
125.3 Substance abuse program established.   The Iowa department of public health shall develop, implement, and administer a comprehensive substance abuse program pursuant to sections 125.1 and 125.2, this section, and sections 125.7, 125.9, 125.10, 125.12 through 125.21, 125.25, 125.32 through 125.34, and 125.37 through 125.43.  [C62, 66, 71, 73, 123A.2; C75, 77, 79, 81, 125.3; 81 Acts, ch 58, 2]  86 Acts, ch 1245, 1123; 2005 Acts, ch 175, 61; 2021 Acts, ch 80, 64  Referred to in 125.7  Section amended 
125.32 Acceptance for treatment  rules.   The department shall adopt and may amend and repeal rules for acceptance of persons into the treatment program, subject to chapter 17A, considering available treatment resources and facilities, for the purpose of early and effective treatment of persons with substance-related disorders and concerned family members. In establishing the rules the department shall be guided by the following standards:   1. If possible a patient shall be treated on a voluntary rather than an involuntary basis.   2. A patient shall be initially assigned or transferred to outpatient treatment, unless the patient is found to require inpatient, residential, or halfway house treatment.   3. A person shall not be denied treatment solely because the person has withdrawn from treatment against medical advice on a prior occasion or because the person has relapsed after earlier treatment.   4. An individualized treatment plan shall be prepared and maintained on a current basis for each patient after the assessment process.   5. Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and may utilize other appropriate treatment.  [C75, 77, 125.15; C79, 81, 125.32]  86 Acts, ch 1001, 6; 86 Acts, ch 1245, 1134; 90 Acts, ch 1085, 8; 2011 Acts, ch 121, 35, 62  Referred to in 125.3, 125.7 
125.32A Discrimination prohibited.   Any substance abuse treatment program receiving state funding under this chapter or any other chapter of the Code shall not discriminate against a person seeking treatment solely because the person is pregnant, unless the program in each instance identifies and refers the person to an alternative and acceptable treatment program for the person.  90 Acts, ch 1264, 33  Referred to in 125.3, 125.7 
125.33 Voluntary treatment of persons with substance-related disorders.   1. A person with a substance-related disorder may apply for voluntary treatment or rehabilitation services directly to a facility or to a licensed physician and surgeon or osteopathic physician and surgeon or to a mental health professional. If the proposed patient is a minor or an incompetent person, a parent, a legal guardian or other legal representative may make the application. The licensed physician and surgeon or osteopathic physician and surgeon, mental health professional, or any employee or person acting under the direction or supervision of the physician and surgeon or osteopathic physician and surgeon, mental health professional, or facility shall not report or disclose the name of the person or the fact that treatment was requested or has been undertaken to any law enforcement officer or law enforcement agency; nor shall such information be admissible as evidence in any court, grand jury, or administrative proceeding unless authorized by the person seeking treatment. If the person seeking such treatment or rehabilitation is a minor who has personally made application for treatment, the fact that the minor sought treatment or rehabilitation or is receiving treatment or rehabilitation services shall not be reported or disclosed to the parents or legal guardian of such minor without the minors consent, and the minor may give legal consent to receive such treatment and rehabilitation.   2. Subject to rules adopted by the department, the administrator or the administrators designee in charge of a facility may determine who shall be admitted for treatment or rehabilitation. If a person is refused admission, the administrator or the administrators designee, subject to rules adopted by the department, shall refer the person to another facility for treatment if possible and appropriate.   3. A person with a substance-related disorder seeking treatment or rehabilitation and who is either addicted or dependent on a chemical substance may first be examined and evaluated by a licensed physician and surgeon or osteopathic physician and surgeon or a mental health professional who may prescribe, if authorized or licensed to do so, a proper course of treatment and medication, if needed. The licensed physician and surgeon or osteopathic physician and surgeon or mental health professional may further prescribe a course of treatment or rehabilitation and authorize another licensed physician and surgeon or osteopathic physician and surgeon, mental health professional, or facility to provide the prescribed treatment or rehabilitation services. Treatment or rehabilitation services may be provided to a person individually or in a group. A facility providing or engaging in treatment or rehabilitation shall not report or disclose to a law enforcement officer or law enforcement agency the name of any person receiving or engaged in the treatment or rehabilitation; nor shall a person receiving or participating in treatment or rehabilitation report or disclose the name of any other person engaged in or receiving treatment or rehabilitation or that the program is in existence, to a law enforcement officer or law enforcement agency. Such information shall not be admitted in evidence in any court, grand jury, or administrative proceeding. However, a person engaged in or receiving treatment or rehabilitation may authorize the disclosure of the persons name and individual participation.   4. If a patient receiving inpatient or residential care leaves a facility, the patient shall be encouraged to consent to appropriate outpatient or halfway house treatment. If it appears to the administrator in charge of the facility that the patient is a person with a substance-related disorder who requires help, the director may arrange for assistance in obtaining supportive services.   5. If a patient leaves a facility, with or against the advice of the administrator in charge of the facility, the director may make reasonable provisions for the patients transportation to another facility or to the patients home. If the patient has no home the patient shall be assisted in obtaining shelter. If the patient is a minor or an incompetent person, the request for discharge from an inpatient facility shall be made by a parent, legal guardian, or other legal representative, or by the minor or incompetent person if the patient was the original applicant.   6. Any person who reports or discloses the name of a person receiving treatment or rehabilitation services to a law enforcement officer or law enforcement agency or any person receiving treatment or rehabilitation services who discloses the name of any other person receiving treatment or rehabilitation services without the written consent of the person in violation of the provisions of this section shall upon conviction be guilty of a simple misdemeanor.  [C71, 73, 224A.2, 224A.3; C75, 77, 125.16, 224A.2, 224A.3; C79, 81, 125.33]  86 Acts, ch 1001, 7; 86 Acts, ch 1245, 1135; 90 Acts, ch 1085, 9; 2011 Acts, ch 121, 36, 62; 2017 Acts, ch 34, 3; 2021 Acts, ch 76, 27  Referred to in 125.3, 125.7, 125.12, 230.20, 321J.3, 331.910  Subsection 5 amended 
125.34 Treatment and services for persons with substance-related disorders due to intoxication and substance-induced incapacitation.   1. A person with a substance-related disorder due to intoxication or substance-induced incapacitation may come voluntarily to a facility for emergency treatment. A person who appears to be intoxicated or incapacitated by a substance in a public place and in need of help may be taken to a facility by a peace officer under section 125.91. If the person refuses the proffered help, the person may be arrested and charged with intoxication under section 123.46, if applicable.   2. If no facility is readily available the person may be taken to an emergency medical service customarily used for incapacitated persons. The peace officer in detaining the person and in taking the person to a facility shall make every reasonable effort to protect the persons health and safety. In detaining the person the detaining officer may take reasonable steps for self-protection. Detaining a person under section 125.91 is not an arrest and no entry or other record shall be made to indicate that the person who is detained has been arrested or charged with a crime.   3. A person who arrives at a facility and voluntarily submits to examination shall be examined by a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional as soon as possible after the person arrives at the facility. The person may then be admitted as a patient or referred to another health facility. The referring facility shall arrange for transportation.   4. If a person is voluntarily admitted to a facility, the persons family or next of kin shall be notified as promptly as possible. If an adult patient who is not incapacitated requests that there be no notification, the request shall be respected.   5. A peace officer who acts in compliance with this section is acting in the course of the officers official duty and is not criminally or civilly liable therefor, unless such acts constitute willful malice or abuse.   6. If the physician and surgeon or osteopathic physician and surgeon in charge of the facility determines it is for the patients benefit, the patient shall be encouraged to agree to further diagnosis and appropriate voluntary treatment.   7. A licensed physician and surgeon or osteopathic physician and surgeon, mental health professional, facility administrator, or an employee or a person acting as or on behalf of the facility administrator, is not criminally or civilly liable for acts in conformity with this chapter, unless the acts constitute willful malice or abuse.  [C75, 77, 125.17; C79, 81, 125.34; 82 Acts, ch 1212, 24]  86 Acts, ch 1001, 8; 2011 Acts, ch 121, 37, 62; 2017 Acts, ch 34, 4; 2018 Acts, ch 1026, 40  Referred to in 125.3, 125.7, 125.12, 230.20 
125.37 Records confidential.   1. The registration and other records of facilities shall remain confidential and are privileged to the patient.   2. Notwithstanding subsection 1, the director may make available information from patients records for purposes of research into the causes and treatment of substance abuse. Information under this subsection shall not be published in a way that discloses patients names or other identifying information.   3. Notwithstanding the provisions of subsection 1, a patients records may be disclosed only under any of the following circumstances:   a. To medical personnel in a medical emergency with or without the patients consent.   b. For purposes of care coordination as defined in section 135D.2 if not otherwise restricted by federal law or regulation.  [C75, 77, 125.20, 224B.23; C79, 81, 125.37]  2016 Acts, ch 1055, 1, 3, 4, 6  Referred to in 125.3, 125.7, 125.93 
125.38 Rights and privileges of patients.   1. Subject to reasonable rules regarding hours of visitation which the department may adopt, a patient in a facility shall be granted an opportunity for adequate consultation with counsel, and for continuing contact with family and friends consistent with an effective treatment program, provided that such consultation and contact may be provided telephonically or electronically.   2. Neither mail nor other communication to or from a patient in a facility may be intercepted, read or censored, except that the department may adopt reasonable rules regarding the use of telephones by patients in facilities and the delivery of chemical substances.   3. The patient shall be provided an opportunity to receive prompt evaluation, emergency services and care as indicated by sound medical practice and treatment which, in the judgment of the chief medical officer of a facility, is most likely to result in the individuals recovery or in the mitigation of the individuals condition to an extent sufficient to permit the individuals discharge from the facility.  [C75, 77, 125.21; C79, 81, 125.38]  86 Acts, ch 1245, 1136; 2020 Acts, ch 1103, 36, 51  Referred to in 125.3, 125.7 
125.39 Eligible entities.   A local governmental unit which is providing funds to a facility for treatment of substance abuse may request from the facility a treatment program plan prior to authorizing payment of any claims filed by the facility. The governing body of the local governmental unit may review the plan, but shall not impose on the facility any requirement conflicting with the comprehensive treatment program of the facility.  [C77, 125.22; C79, 81, 125.39]  86 Acts, ch 1001, 9; 88 Acts, ch 1158, 31; 99 Acts, ch 141, 1  Referred to in 125.3, 125.7 
125.4 Repealed by  2005 Acts, ch 175, 128  . 
125.40 Criminal laws limitations.   1. No county or city may adopt or enforce a local law, ordinance, resolution or rule having the force of law in contravention of the provisions of this chapter.   2. No county or city may interpret or apply any law of general application to circumvent the provision of subsection 1.   3. Nothing in this chapter affects any law, ordinance, resolution or rule against drunken driving, driving under the influence of alcohol or other chemical substance, or other similar offense involving the operation of a vehicle, aircraft, boat, machinery or other equipment, or regarding the sale, purchase, dispensing, possessing or use of alcoholic beverages or beer at stated times and places or by a particular class of persons or regarding the sale, purchase, possession or use of another chemical substance.  [C75, 77, 125.23; C79, 81, 125.40]  Referred to in 125.3, 125.7, 331.382 
125.41 Judicial review.   Judicial review of the orders or actions of the director may be sought in accordance with the provisions of the Iowa administrative procedure Act, chapter 17A.  [C75, 77, 125.24; C79, 81, 125.41]  2003 Acts, ch 44, 114  Referred to in 125.3, 125.7 
125.42 Appeals.   An aggrieved party may obtain a review of any final judgment of the court by appeal to the supreme court. The appeal shall be taken as in other civil cases.  [C75, 77, 125.25; C79, 81, 125.42]  Referred to in 125.3, 125.7 
125.43 Funding at mental health institutes.   Chapter 230 governs the determination of the costs and payment for treatment provided to persons with substance-related disorders in a mental health institute under the department of human services, except that the charges are not a lien on real estate owned by persons legally liable for support of the person with a substance-related disorder and the daily per diem shall be billed at twenty-five percent. The superintendent of a state hospital shall total only those expenditures which can be attributed to the cost of providing inpatient treatment to persons with substance-related disorders for purposes of determining the daily per diem. Section 125.44 governs the determination of who is legally liable for the cost of care, maintenance, and treatment of a person with a substance-related disorder and of the amount for which the person is liable.  [C75, 77, 125.26; C79, 81, 125.43]  83 Acts, ch 96, 157, 159; 84 Acts, ch 1067, 21; 86 Acts, ch 1001, 10; 90 Acts, ch 1085, 10; 2011 Acts, ch 121, 38, 62  Referred to in 125.3, 125.7, 125.20 
125.43A Prescreening  exception.   Except in cases of medical emergency or court-ordered admissions, a person shall be admitted to a state mental health institute for treatment of a substance-related disorder only after a preliminary intake and assessment by a department-licensed treatment facility or a hospital providing care or treatment for persons with substance-related disorders licensed under chapter 135B and accredited by the joint commission on the accreditation of health care organizations, the commission on accreditation of rehabilitation facilities, the American osteopathic association, or another recognized organization approved by the board, or by a designee of a department-licensed treatment facility or a hospital other than a state mental health institute, which confirms that the admission is appropriate to the persons substance-related disorder service needs. A county board of supervisors may seek an admission of a patient to a state mental health institute who has not been confirmed for appropriate admission and the county shall be responsible for one hundred percent of the cost of treatment and services of the patient.  86 Acts, ch 1001, 11; 92 Acts, ch 1097, 1; 2005 Acts, ch 175, 74; 2011 Acts, ch 121, 39, 62; 2012 Acts, ch 1021, 42  Referred to in 125.44 
125.44 Agreements with facilities  liability for costs.   1. The director may, consistent with the comprehensive substance abuse program, enter into written agreements with a facility as defined in section 125.2 to pay for one hundred percent of the cost of the care, maintenance, and treatment of persons with substance-related disorders, except when section 125.43A applies. All payments for state patients shall be made in accordance with the limitations of this section. Such contracts shall be for a period of no more than one year.   2. The contract may be in the form and contain provisions as agreed upon by the parties. The contract shall provide that the facility shall admit and treat persons with substance-related disorders regardless of where they have residence. If one payment for care, maintenance, and treatment is not made by the patient or those legally liable for the patient, the payment shall be made by the department directly to the facility. Payments shall be made each month and shall be based upon the rate of payment for services negotiated between the department and the contracting facility. If a facility projects a temporary cash flow deficit, the department may make cash advances at the beginning of each fiscal year to the facility. The repayment schedule for advances shall be part of the contract between the department and the facility. This section does not pertain to patients treated at the mental health institutes.   3. If the appropriation to the department is insufficient to meet the requirements of this section, the department shall request a transfer of funds and section 8.39 shall apply.   4. The person with a substance-related disorder is legally liable to the facility for the total amount of the cost of providing care, maintenance, and treatment for the person with a substance-related disorder while a voluntary or committed patient in a facility. This section does not prohibit any individual from paying any portion of the cost of treatment.   5. The department is liable for the cost of care, treatment, and maintenance of persons with substance-related disorders admitted to the facility voluntarily or pursuant to section 125.75, 125.81, or 125.91 or section 321J.3 or 124.409 only to those facilities that have a contract with the department under this section, only for the amount computed according to and within the limits of liability prescribed by this section, and only when the person with a substance-related disorder is unable to pay the costs and there is no other person, firm, corporation, or insurance company bound to pay the costs.   6. The departments maximum liability for the costs of care, treatment, and maintenance of persons with substance-related disorders in a contracting facility is limited to the total amount agreed upon by the parties and specified in the contract under this section.  [C71, 73, 123B.4, 123B.8; C75, 77, 125.27, 125.31; C79, 125.44, 125.48; C81, 125.44; 82 Acts, ch 1212, 25]  86 Acts, ch 1001, 12, 13; 86 Acts, ch 1220, 25; 86 Acts, ch 1245, 1137; 89 Acts, ch 243, 4, 5; 90 Acts, ch 1085, 11; 2011 Acts, ch 121, 40, 62  Referred to in 124.409, 125.12, 125.13, 125.43, 321J.3, 462A.14 
125.46 County of residence determined.   The facility shall, when a person with a substance-related disorder is admitted, or as soon thereafter as it receives the proper information, determine and enter upon its records the Iowa county of residence of the person with a substance-related disorder, or that the person resides in some other state or country, or that the person is unclassified with respect to residence.  [C71, 73, 123B.6; C75, 77, 125.29; C79, 81, 125.46]  90 Acts, ch 1085, 12; 2011 Acts, ch 121, 41, 62 
125.48 List of contracting facilities.   The department shall provide a current list of facilities that have a contract with the department to the clerk of each district court in the state. The clerk shall provide the list to all district court judges and judicial magistrates in the district.  [C81, 125.48] 
125.5 Repealed by  2005 Acts, ch 175, 128  . 
125.54 Use of funds.   The director is not required to distribute or guarantee funds, except as provided in section 125.59:   1. To any program which does not meet licensing standards,   2. To any program providing unnecessary, duplicative or overlapping services within the same geographical area, or   3. To any program which has adequate resources at its disposal.  [C79, 81, 125.54]  86 Acts, ch 1001, 14 
125.55 Audits.   All licensed substance abuse programs are subject to annual audit either by the auditor of state or in lieu of an audit by the auditor of state the substance abuse program may contract with or employ certified public accountants to conduct the audit, in accordance with sections 11.6, 11.14, and 11.19. The audit format shall be as prescribed by the auditor of state. The certified public accountant shall submit a copy of the audit to the director. A licensed substance abuse program is also subject to special audits as the director requests. The licensed substance abuse program or the department shall pay all expenses incurred by the auditor of state in conducting an audit under this section.  [C79, 81, 125.55; 81 Acts, ch 58, 10; 82 Acts, ch 1166, 1]  89 Acts, ch 264, 5; 2011 Acts, ch 75, 35 
125.58 Inspection  penalties.   1. If the department has probable cause to believe that an institution, place, building, or agency not licensed as a substance abuse treatment and rehabilitation facility is in fact a substance abuse treatment and rehabilitation facility as defined by this chapter, and is not exempt from licensing by section 125.13, subsection 2, the board may order an inspection of the institution, place, building, or agency. If the inspector upon presenting proper identification is denied entry for the purpose of making the inspection, the inspector may, with the assistance of the county attorney of the county in which the premises are located, apply to the district court for an order requiring the owner or occupant to permit entry and inspection of the premises to determine whether there have been violations of this chapter. The investigation may include review of records, reports, and documents maintained by the facility and interviews with staff members consistent with the confidentiality safeguards of state and federal law.   2. A person establishing, conducting, managing, or operating a substance abuse treatment and rehabilitation facility without a license is guilty of a serious misdemeanor. Each day of continued violation after conviction or notice from the department by certified mail of a violation shall be considered a separate offense or chargeable offense. A person establishing, conducting, managing or operating a substance abuse treatment and rehabilitation facility without a license may be temporarily or permanently restrained therefrom by a court of competent jurisdiction in an action brought by the state.   3. Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against a person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a substance abuse treatment and rehabilitation facility without a license.  [81 Acts, ch 58, 12; 82 Acts, ch 1244, 3]  2005 Acts, ch 175, 75 
125.59 Transfer of certain revenue  county program funding.   The treasurer of state, on each July 1 for that fiscal year, shall transfer the estimated amounts to be received from section 123.36, subsection 8 and section 123.143, subsection 1 to the department.   1. a. Of these funds, notwithstanding section 125.13, subsection 1, one-half of the transferred amount shall be used for grants to counties operating a substance abuse program involving only education, prevention, referral or posttreatment services, either with the counties own employees or by contract with a nonprofit corporation. The grants shall not annually exceed ten thousand dollars to any one county, subject to the following conditions:   (1) The money shall be paid to the county after expenditure by the county and submission of the requirements in subparagraph (2) on the basis of one dollar for each three dollars spent by the county. The county may submit a quarterly claim for reimbursement.   (2) The county shall submit an accounting of the expenditures and shall submit an annual financial report, a description of the program, and the results obtained within sixty days after the end of the fiscal year in which the money is granted.   b. If the transferred amount for this subsection exceeds grant requests funded to the ten thousand dollar maximum, the department of public health may use the remainder for activities and public information resources that align with best practices for substance-related disorder prevention or to increase grants pursuant to subsection 2.   2. a. Of these funds, one-half of the transferred amount shall be used for prevention programs in addition to the amount budgeted for prevention programs by the department in the same fiscal year. The department shall use this additional prevention program money for grants to a county, person, or nonprofit agency operating a prevention program. A grant to a county, person, or nonprofit agency is subject to the following conditions:   (1) The money shall be paid to the county, person, or nonprofit agency after submission of the requirements in subparagraph (2) on the basis of two dollars for each dollar designated for prevention by the county, person, or nonprofit agency.   (2) The county, person, or nonprofit agency shall submit a description of the program.   (3) The county, person, or nonprofit agency shall submit an annual financial report and the results obtained before June 10 of the same fiscal year in which the money is granted.   b. The department may consider in-kind contributions received by a county, person, or nonprofit agency for matching purposes required in paragraph a, subparagraph (1).  86 Acts, ch 1001, 15; 87 Acts, ch 110, 1; 94 Acts, ch 1068, 2; 2009 Acts, ch 41, 186; 2017 Acts, ch 148, 1  Referred to in 125.54 
125.6 Repealed by  2005 Acts, ch 175, 128  . 
125.60 Grant formula.   The funding distributed by the department for program grants pursuant to the appropriation received by the department shall be distributed to each county or multicounty area by a formula based on population, need, and other criteria as determined by the department.  86 Acts, ch 1001, 16 
125.7 Duties of the board.   The board shall:   1. Approve the comprehensive substance abuse program, developed by the department pursuant to sections 125.1 through 125.3, this section, and sections 125.9, 125.10, 125.12 through 125.21, 125.25, 125.32 through 125.34, and 125.37 through 125.43.   2. Advise the department on policies governing the performance of the department in the discharge of any duties imposed on the department by law.   3. Advise or make recommendations to the governor and the general assembly relative to substance abuse treatment, intervention, education, and prevention programs in this state.   4. Adopt rules for subsections 1 and 6 and review other rules necessary to carry out the provisions of this chapter, subject to review in accordance with chapter 17A.   5. Investigate the work of the department relating to substance abuse, and for this purpose the board shall have access at any time to all books, papers, documents, and records of the department.   6. Consider and approve or disapprove all applications for a license and all cases involving the renewal, denial, suspension, or revocation of a license.   7. Act as the appeal board regarding funding decisions made by the department.  [C71, 73, 123B.3; C75, 77, 79, 81, 125.7]  86 Acts, ch 1245, 1126; 89 Acts, ch 243, 1; 2005 Acts, ch 175, 62; 2021 Acts, ch 80, 65  Referred to in 125.3  Subsection 1 amended 
125.74 Preapplication screening assessment  program.   Prior to filing an application pursuant to section 125.75, the clerk of the district court or the clerks designee shall inform the interested person referred to in section 125.75 about the option of requesting a preapplication screening assessment through a preapplication screening assessment program, if available. The state court administrator shall prescribe practices and procedures for implementation of the preapplication screening assessment program.  2013 Acts, ch 130, 36  Referred to in 125.75, 602.1209 
125.75 Application.   1. Proceedings for the involuntary commitment or treatment of a person with a substance-related disorder to a facility pursuant to this chapter or for the involuntary hospitalization of a person pursuant to chapter 229 may be commenced by any interested person by filing a verified application with the clerk of the district court of the county where the respondent is presently located or which is the respondents place of residence. The clerk or the clerks designee shall assist the applicant in completing the application.   2. The application shall:   a. State the applicants belief that the respondent is a person who presents a danger to self or others and lacks judgmental capacity due to either of the following:   (1) A substance-related disorder as defined in section 125.2.   (2) A serious mental impairment as defined in section 229.1.   b. State facts in support of each belief described in paragraph a.   c. Be accompanied by one or more of the following:   (1) A written statement of a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional in support of the application.   (2) One or more supporting affidavits corroborating the application.   (3) Corroborative information obtained and reduced to writing by the clerk or the clerks designee, but only when circumstances make it infeasible to obtain, or when the clerk considers it appropriate to supplement, the information under either subparagraph (1) or (2).   3. Prior to the filing of an application pursuant to this section, the clerk or the clerks designee shall inform the interested person referred to in subsection 1 about the option of requesting a preapplication screening assessment pursuant to section 125.74.   4. The supreme court shall prescribe rules and establish forms as necessary to carry out the provisions of this section.  [C75, 77, 125.19(1, 2); C79, 81, 229.51; 82 Acts, ch 1212, 3]  90 Acts, ch 1085, 13; 2011 Acts, ch 121, 42, 43, 62; 2013 Acts, ch 130, 37; 2017 Acts, ch 34, 5; 2018 Acts, ch 1026, 41  Referred to in 125.2, 125.12, 125.44, 125.74, 125.75A, 125.77, 125.78, 125.79, 125.85, 125.91, 229.21, 331.910  Summary of involuntary commitment procedures available from clerk; see 229.45 
125.75A Involuntary proceedings  minors  jurisdiction.   The juvenile court has exclusive original jurisdiction in proceedings concerning a minor for whom an application is filed under section 125.75. In proceedings under this subchapter concerning a minors involuntary commitment or treatment, the term court, judge, or clerk means the juvenile court, judge, or clerk.  89 Acts, ch 283, 1; 92 Acts, ch 1124, 1; 2013 Acts, ch 130, 38; 2017 Acts, ch 54, 76  Referred to in 229.21 
125.75B Dual filings. Repealed by 2013 Acts, ch 130, 55. 
125.76 Appointment of counsel for applicant.   The applicant, if not the county attorney, may apply for the appointment of counsel if financially unable to employ an attorney to assist the applicant in presenting evidence in support of the application for commitment. If the applicant applies for the appointment of counsel, the application shall include the submission of a financial statement as required under section 815.9.  [C75, 77, 125.19(10); C79, 81, 229.52(6); 82 Acts, ch 1212, 4]  83 Acts, ch 101, 15; 83 Acts, ch 186, 10044, 10201  Referred to in 229.21 
125.77 Service of notice.   Upon the filing of an application pursuant to section 125.75, the clerk shall docket the case and immediately notify a district court judge, a district associate judge, or magistrate who is admitted to the practice of law in this state, who shall review the application and accompanying documentation. The clerk shall send copies of the application and supporting documentation, together with the notice informing the respondent of the procedures required by this subchapter, to the sheriff, for immediate service upon the respondent. If the respondent is taken into custody under section 125.81, service of the application, documentation, and notice upon the respondent shall be made at the time the respondent is taken into custody.  [C75, 77, 125.19(2); C79, 81, 229.51(3); 82 Acts, ch 1212, 5]  91 Acts, ch 108, 1; 2013 Acts, ch 130, 39; 2017 Acts, ch 54, 76  Referred to in 125.84, 125.85, 229.21, 229.45 
125.78 Procedure after application.   As soon as practical after the filing of an application pursuant to section 125.75, the court shall:   1. Determine whether the respondent has an attorney who is able and willing to represent the respondent in the commitment proceeding, and if not, whether the respondent is financially able to employ an attorney and capable of meaningfully assisting in selecting an attorney. In accordance with those determinations, the court shall allow the respondent to select an attorney or shall assign an attorney to the respondent. If the respondent is financially unable to pay an attorney, the county shall compensate the attorney at an hourly rate to be established by the county board of supervisors in substantially the same manner as provided in section 815.7.   2. If the application includes a request for a court-appointed attorney for the applicant and the court is satisfied that a court-appointed attorney is necessary to assist the applicant in a meaningful presentation of the evidence, and that the applicant is financially unable to employ an attorney, the court shall appoint an attorney to represent the applicant and the county shall compensate the attorney at an hourly rate to be established by the county board of supervisors in substantially the same manner as provided in section 815.7.   3. Issue a written order:   a. Scheduling a tentative time and place for a hearing, subject to the findings of the report required under section 125.80, subsections 3 and 4, but not less than forty-eight hours after notice to the respondent, unless the respondent waives the forty-eight-hour notice requirement.   b. Requiring an examination of the respondent, prior to the hearing, by one or more licensed physicians and surgeons or osteopathic physicians and surgeons or mental health professionals who shall submit a written report of the examination to the court as required by section 125.80.  [C75, 77, 125.19(1, 2); C79, 81, 229.51(2, 3), 229.52(6); 82 Acts, ch 1212, 6]  84 Acts, ch 1219, 5; 99 Acts, ch 135, 14; 2013 Acts, ch 130, 40; 2017 Acts, ch 34, 6; 2018 Acts, ch 1026, 42  Referred to in 125.79, 125.85, 229.21 
125.79 Respondents attorney informed.   The court shall direct the clerk to furnish at once to the respondents attorney, copies of the application pursuant to section 125.75 and the supporting documentation, and of the courts order issued pursuant to section 125.78, subsection 3. If the respondent is taken into custody under section 125.81, the attorney shall also be advised of that fact. The respondents attorney shall represent the respondent at all stages of the proceedings and shall attend the commitment hearing.  [82 Acts, ch 1212, 7]  2013 Acts, ch 130, 41  Referred to in 125.85, 229.21 
125.80 Physicians or mental health professionals examination  report  scheduling of hearing.   1. a. An examination of the respondent shall be conducted within a reasonable time and prior to the commitment hearing by one or more licensed physicians and surgeons or osteopathic physicians and surgeons or mental health professionals as required by the courts order. If the respondent is taken into custody under section 125.81, the examination shall be conducted within twenty-four hours after the respondent is taken into custody. If the respondent desires, the respondent may have a separate examination by a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional of the respondents own choice. The court shall notify the respondent of the right to choose a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional for a separate examination. The reasonable cost of the examinations shall be paid from county funds upon order of the court if the respondent lacks sufficient funds to pay the cost.   b. A licensed physician and surgeon or osteopathic physician and surgeon or mental health professional conducting an examination pursuant to this section may consult with or request the participation in the examination of facility personnel, and may include with or attach to the written report of the examination any findings or observations by facility personnel who have been consulted or have participated in the examination.   c. If the respondent is not taken into custody under section 125.81, but the court is subsequently informed that the respondent has declined to be examined by a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional pursuant to the court order, the court may order limited detention of the respondent as necessary to facilitate the examination of the respondent by the licensed physician and surgeon or osteopathic physician and surgeon or mental health professional.   2. A written report of the examination by a court-designated licensed physician and surgeon or osteopathic physician and surgeon or mental health professional shall be filed with the clerk prior to the hearing date. A written report of an examination by a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional chosen by the respondent may be similarly filed. The clerk shall immediately:   a. Cause a report to be shown to the judge who issued the order.   b. Cause the respondents attorney to receive a copy of the report of a court-designated licensed physician and surgeon or osteopathic physician and surgeon or mental health professional.   3. If the report of a court-designated licensed physician and surgeon or osteopathic physician and surgeon or mental health professional is to the effect that the respondent is not a person with a substance-related disorder, the court, without taking further action, shall terminate the proceeding and dismiss the application on its own motion and without notice.   4. If the report of a court-designated licensed physician and surgeon or osteopathic physician and surgeon or mental health professional is to the effect that the respondent is a person with a substance-related disorder, the court shall schedule a commitment hearing as soon as possible. The hearing shall be held not more than forty-eight hours after the report is filed, excluding Saturdays, Sundays, and holidays, unless an extension for good cause is requested by the respondent, or as soon thereafter as possible if the court considers that sufficient grounds exist for delaying the hearing.  [C75, 77, 125.19(1  4); C79, 81, 229.51, 229.52(1, 2); 82 Acts, ch 1212, 8]  90 Acts, ch 1085, 14; 2009 Acts, ch 41, 263; 2011 Acts, ch 121, 44, 62; 2017 Acts, ch 34, 7; 2018 Acts, ch 1026, 43; 2018 Acts, ch 1056, 1  Referred to in 125.78, 125.84, 125.85, 229.21 
125.81 Immediate custody.   1. If a person filing an application requests that a respondent be taken into immediate custody, and the court upon reviewing the application and accompanying documentation, finds probable cause to believe that the respondent is a person with a substance-related disorder who is likely to injure the person or other persons if allowed to remain at liberty, the court may enter a written order directing that the respondent be taken into immediate custody by the sheriff, and be detained until the commitment hearing, which shall be held no more than five days after the date of the order, except that if the fifth day after the date of the order is a Saturday, Sunday, or a holiday, the hearing may be held on the next business day. The court may order the respondent detained for the period of time until the hearing is held, and no longer except as provided in section 125.88, in accordance with subsection 2, paragraph a, if possible, and if not, then in accordance with subsection 2, paragraph b, or, only if neither of these alternatives is available in accordance with subsection 2, paragraph c.   2. Detention may be:   a. In the custody of a relative, friend, or other suitable person who is willing and able to accept responsibility for supervision of the respondent, with reasonable restrictions as the court may order including but not limited to restrictions on or a prohibition of any expenditure, encumbrance, or disposition of the respondents funds or property.   b. In a suitable hospital, the chief medical officer of which shall be informed of the reasons why immediate custody has been ordered. The hospital may provide treatment which is necessary to preserve the respondents life, or to appropriately control the respondents behavior which is likely to result in physical injury to the person or to others if allowed to continue, and other treatment as deemed appropriate by the chief medical officer.   c. In the nearest facility which is licensed to care for persons with mental illness or substance abuse, provided that detention in a jail or other facility intended for confinement of those accused or convicted of a crime shall not be ordered.   3. A respondent shall be released from detention prior to the commitment hearing if a licensed physician or mental health professional examines the respondent and determines the respondent no longer meets the criteria for detention under subsection 1 and provides notification to the court.   4. The respondents attorney may be allowed by the court to present evidence and arguments before the courts determination under this section. If such an opportunity is not provided at that time, respondents attorney shall be allowed to present evidence and arguments after the issuance of the courts order of confinement and while the respondent is confined.  [82 Acts, ch 1212, 9]  90 Acts, ch 1085, 15; 91 Acts, ch 108, 2; 92 Acts, ch 1072, 1; 92 Acts, ch 1165, 1; 2009 Acts, ch 41, 187; 2011 Acts, ch 121, 45, 62; 2018 Acts, ch 1056, 2  Referred to in 125.12, 125.44, 125.77, 125.79, 125.80, 125.82, 125.84, 125.87, 125.88, 125.91, 125.92, 229.21 
125.82 Commitment hearing.   1. At a commitment hearing, evidence in support of the contentions made in the application may be presented by the applicant, or by an attorney for the applicant, or by the county attorney. During the hearing, the applicant and the respondent shall be afforded an opportunity to testify and to present and cross-examine witnesses, and the court may receive the testimony of other interested persons. If the respondent is present at the hearing, as provided in subsection 3, and has been medicated within twelve hours, or a longer period of time as the court may designate, prior to the beginning of the hearing or a session of the hearing, the court shall be informed of that fact and of the probable effects of the medication upon convening of the hearing.   2. A person not necessary for the conduct of the hearing shall be excluded, except that the court may admit a person having a legitimate interest in the hearing. Upon motion of the applicant, the court may exclude the respondent from the hearing during the testimony of a witness if the court determines that the witness testimony is likely to cause the respondent severe emotional trauma.   3. The person who filed the application and a licensed physician and surgeon or osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor certified by the nongovernmental Iowa board of substance abuse certification who has examined the respondent in connection with the commitment hearing shall be present at the hearing, unless the court for good cause finds that their presence or testimony is not necessary. The applicant, respondent, and the respondents attorney may waive the presence or telephonic appearance of the licensed physician and surgeon or osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor who examined the respondent and agree to submit as evidence the written report of the licensed physician and surgeon or osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor. The respondents attorney shall inform the court if the respondents attorney reasonably believes that the respondent, due to diminished capacity, cannot make an adequately considered waiver decision. Good cause for finding that the testimony of the licensed physician and surgeon or osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor who examined the respondent is not necessary may include, but is not limited to, such a waiver. If the court determines that the testimony of the licensed physician and surgeon or osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor is necessary, the court may allow the licensed physician and surgeon or osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor to testify by telephone. The respondent shall be present at the hearing unless prior to the hearing the respondents attorney stipulates in writing that the attorney has conversed with the respondent, and that in the attorneys judgment the respondent cannot make a meaningful contribution to the hearing, or that the respondent has waived the right to be present, and the basis for the attorneys conclusions. A stipulation to the respondents absence shall be reviewed by the court before the hearing, and may be rejected if it appears that insufficient grounds are stated or that the respondents interests would not be served by the respondents absence.   4. The respondents welfare is paramount, and the hearing shall be tried as a civil matter and conducted in as informal a manner as is consistent with orderly procedure. The hearing may be held by video conference at the discretion of the court. Discovery as permitted under the Iowa rules of civil procedure is available to the respondent. The court shall receive all relevant and material evidence, but the court is not bound by the rules of evidence. A presumption in favor of the respondent exists, and the burden of evidence and support of the contentions made in the application shall be upon the person who filed the application. If upon completion of the hearing the court finds that the contention that the respondent is a person with a substance-related disorder has not been sustained by clear and convincing evidence, the court shall deny the application and terminate the proceeding.   5. If the respondent is not taken into custody under section 125.81, but the court finds good cause to believe that the respondent is about to depart from the jurisdiction of the court, the court may order limited detention of the respondent as authorized in section 125.81, as is necessary to ensure that the respondent will not depart from the jurisdiction of the court without the courts approval until the proceeding relative to the respondent has been concluded.  [C75, 77, 125.19(3-7, 10, 13); C79, 81, 229.52(1); 82 Acts, ch 1212, 10]  90 Acts, ch 1085, 16; 91 Acts, ch 108, 3; 2006 Acts, ch 1115, 1; 2006 Acts, ch 1116, 1; 2006 Acts, ch 1159, 30; 2011 Acts, ch 121, 46, 62; 2017 Acts, ch 34, 8; 2018 Acts, ch 1026, 44; 2018 Acts, ch 1056, 3  Referred to in 125.84, 229.21, 602.8103 
125.83 Placement for evaluation.   If upon completion of the commitment hearing, the court finds that the contention that the respondent is a person with a substance-related disorder has been sustained by clear and convincing evidence, the court shall order the respondent placed at a facility or under the care of a suitable facility on an outpatient basis as expeditiously as possible for a complete evaluation and appropriate treatment. The court shall furnish to the facility at the time of admission or outpatient placement, a written statement of facts setting forth the evidence on which the finding is based. The administrator of the facility shall report to the court no more than fifteen days after the individual is admitted to or placed under the care of the facility, which shall include the chief medical officers recommendation concerning treatment of a substance-related disorder. An extension of time may be granted for a period not to exceed seven days upon a showing of good cause. A copy of the report shall be sent to the respondents attorney who may contest the need for an extension of time if one is requested. If the request is contested, the court shall make an inquiry as it deems appropriate and may either order the respondent released from the facility or grant extension of time for further evaluation. If the administrator fails to report to the court within fifteen days after the individual is admitted to the facility, and no extension of time has been requested, the administrator is guilty of contempt and shall be punished under chapter 665. The court shall order a rehearing on the application to determine whether the respondent should continue to be held at the facility.  [C75, 77, 125.19(4); C79, 81, 229.52(2); 82 Acts, ch 1212, 11]  90 Acts, ch 1020, 1; 90 Acts, ch 1085, 17; 2011 Acts, ch 121, 47, 62; 2012 Acts, ch 1021, 43  Referred to in 125.84, 125.85, 125.87, 125.88, 125.89, 229.21 
125.83A Placement in certain federal facilities.   1. If upon completion of the commitment hearing, the court finds that the contention that the respondent is a person with a substance-related disorder has been sustained by clear and convincing evidence, and the court is furnished evidence that the respondent is eligible for care and treatment in a facility operated by the United States department of veterans affairs or another agency of the United States government and that the facility is willing to receive the respondent, the court may so order. The respondent, when so placed in a facility operated by the United States department of veterans affairs or another agency of the United States government within or outside of this state, shall be subject to the rules of the United States department of veterans affairs or other agency, but shall not lose any procedural rights afforded the respondent by this chapter. The chief officer of the facility shall have, with respect to the respondent so placed, the same powers and duties as the chief medical officer of a hospital in this state would have in regard to submission of reports to the court, retention of custody, transfer, convalescent leave, or discharge. Jurisdiction is retained in the court to maintain surveillance of the respondents treatment and care, and at any time to inquire into the respondents condition and the need for continued care and custody.   2. Upon receipt of a certificate stating that a respondent placed under this chapter is eligible for care and treatment in a facility operated by the United States department of veterans affairs or another agency of the United States government which is willing to receive the respondent without charge to the state of Iowa or any county in the state, the chief medical officer may transfer the respondent to that facility. Upon so doing, the chief medical officer shall notify the court which ordered the respondents placement in the same manner as would be required in the case of a transfer under section 125.86, subsection 2, and the respondent transferred shall be entitled to the same rights as the respondent would have under that subsection. No respondent shall be transferred under this section who is confined pursuant to conviction of a public offense or whose placement was ordered upon contention of incompetence to stand trial by reason of mental illness, without prior approval of the court which ordered that respondents placement.   3. A judgment or order of commitment by a court of competent jurisdiction of another state or the District of Columbia, under which any person is hospitalized or placed in a facility operated by the United States department of veterans affairs or another agency of the United States government, shall have the same force and effect with respect to that person while the person is in this state as the judgment or order would have if the person were in the jurisdiction of the court which issued it. That court shall be deemed to have retained jurisdiction of the person so placed for the purpose of inquiring into that persons condition and the need for continued care and custody, as do courts in this state under this section. Consent is given to the application of the law of the state or district in which the court is situated which issued the judgment or order as regards authority of the chief officer of any facility, operated in this state by the United States department of veterans affairs or another agency of the United States government, to retain custody, transfer, place on convalescent leave, or discharge the person so committed.  97 Acts, ch 159, 2; 2009 Acts, ch 26, 8; 2011 Acts, ch 121, 48, 62  Referred to in 229.21 
125.84 Evaluation report.   The facility administrators report to the court of the chief medical officers substance abuse evaluation of the respondent shall be made no later than the expiration of the time specified in section 125.83. At least two copies of the report shall be filed with the clerk, who shall distribute the copies in the manner described by section 125.80, subsection 2. The report shall state one of the four following alternative findings:   1. That the respondent does not, as of the date of the report, require further treatment for substance abuse. If the report so states, the court shall order the respondents immediate release from involuntary commitment and terminate the proceedings.   2. That the respondent is a person with a substance-related disorder who is in need of full-time custody, care, and treatment in a facility, and is considered likely to benefit from treatment. If the report so states, the court shall enter an order which may require the respondents continued placement and commitment to a facility for appropriate treatment.   3. That the respondent is a person with a substance-related disorder who is in need of treatment, but does not require full-time placement in a facility. If the report so states, the report shall include the chief medical officers recommendation for treatment of the respondent on an outpatient or other appropriate basis, and the court shall enter an order which may direct the respondent to submit to the recommended treatment. The order shall provide that if the respondent fails or refuses to submit to treatment, as directed by the courts order, the court may order that the respondent be taken into immediate custody as provided by section 125.81 and, following notice and hearing held in accordance with the procedures of sections 125.77 and 125.82, may order the respondent treated as a patient requiring full-time custody, care, and treatment as provided in subsection 2, and may order the respondent involuntarily committed to a facility.   4. That the respondent is a person with a substance-related disorder who is in need of treatment, but in the opinion of the chief medical officer is not responding to the treatment provided. If the report so states, the report shall include the facility administrators recommendation for alternative placement, and the court shall enter an order which may direct the respondents transfer to the recommended placement or to another placement after consultation with respondents attorney and the facility administrator who made the report under this subsection.  [82 Acts, ch 1212, 12]  90 Acts, ch 1020, 2; 90 Acts, ch 1085, 18; 2011 Acts, ch 121, 49, 62  Referred to in 125.85, 125.86, 229.21, 321J.3 
125.85 Custody, discharge, and termination of proceeding.   1. A respondent committed under section 125.84, subsection 2, shall remain in the custody of a facility for treatment for a period of thirty days, unless sooner discharged. The department is not required to pay the cost of any medication or procedure provided to the respondent during that period which is not necessary or appropriate to the specific objectives of detoxification and treatment of substance abuse. At the end of the thirty-day period, the respondent shall be discharged automatically unless the administrator of the facility, before expiration of the period, obtains a court order for the respondents recommitment pursuant to an application under section 125.75, for a further period not to exceed ninety days.   2. A respondent recommitted under subsection 1 who has not been discharged by the facility before the end of the ninety-day period shall be discharged at the expiration of that period unless the administrator of the facility, before expiration of the period, obtains a court order for the respondents recommitment pursuant to an application under section 125.75, for a further period not to exceed ninety days.   3. Upon the filing of an application for recommitment under subsection 1 or 2, the court shall schedule a recommitment hearing for no later than ten days after the date the application is filed. A copy of the application, the notice of hearing, and any reports shall be served or provided in the manner and to the persons as required by sections 125.77 through 125.80, 125.83, and 125.84.   4. Following a respondents discharge from a facility or from treatment, the administrator of the facility shall immediately report that fact to the court which ordered the respondents commitment or treatment. The court shall issue an order confirming the respondents discharge from the facility or from treatment, as the case may be, and shall terminate the proceedings pursuant to which the order was issued. Copies of the order shall be sent by regular mail to the facility and the respondent.   5. A person who is placed for evaluation at a facility under section 125.83 or who is committed to a facility under section 125.84, subsection 2, shall remain at that facility unless discharged or otherwise permitted to leave by the court or administrator of the facility. If a person placed at a facility or committed to a facility leaves the facility without permission or without having been discharged, the administrator may notify the sheriff of the persons absence and the sheriff shall take the person into custody and return the person promptly to the facility.  [C75, 77, 125.19; C79, 81, 229.52(3  5), 229.53; 82 Acts, ch 1212, 13]  92 Acts, ch 1072, 2; 99 Acts, ch 144, 1; 2021 Acts, ch 80, 66  Referred to in 229.21  Subsection 3 amended 
125.86 Periodic reports required.   1. No more than thirty days after entry of a court order for commitment to a facility under section 125.84, subsection 2, and thereafter at successive intervals not to exceed ninety days for as long as involuntary commitment of the respondent continues, the administrator of the facility shall report to the court which entered the order. The report shall be submitted in the manner required by section 125.84, shall state whether in the opinion of the chief medical officer the respondents condition has improved, remains unchanged, or has deteriorated, and shall indicate the further length of time the respondent will be required to remain at the facility.   2. No more than sixty days after entry of a court order for treatment of a respondent under section 125.84, subsection 3, and thereafter at successive intervals not to exceed ninety days for as long as involuntary treatment continues, the administrator of the facility or the psychiatrist or psychiatric advanced registered nurse practitioner treating the patient shall report to the court which entered the order. The report shall be submitted in the manner required by section 125.84, shall state whether in the opinion of the chief medical officer or the psychiatrist or psychiatric advanced registered nurse practitioner the respondents condition has improved, remains unchanged, or has deteriorated, and shall indicate the further length of time the respondent will require treatment by the facility. If the respondent fails or refuses to submit to treatment as ordered by the court, the administrator of the facility shall at once notify the court, which shall order the respondent committed for treatment as provided by section 125.84, subsection 3, unless the court finds that the failure or refusal was with good cause, and that the respondent is willing to receive treatment as provided in the courts order, or in a revised order if the court sees fit to enter one. If the administrator of the facility reports to the court that the respondent requires full-time custody, care, and treatment in a facility, and the respondent is willing to be admitted voluntarily to the facility for these purposes, the court may enter an order approving the placement upon consultation with the administrator of the facility in which the respondent is to be placed. If the respondent is unwilling to be admitted voluntarily to the facility, the procedure for determining involuntary commitment, as provided in section 125.84, subsection 3, shall be followed.   3. a. A psychiatric advanced registered nurse practitioner treating a respondent previously committed under this chapter may complete periodic reports pursuant to this section on the respondent if the respondent has been recommended for treatment on an outpatient or other appropriate basis pursuant to section 125.84, subsection 3, and if a psychiatrist licensed pursuant to chapter 148 personally evaluates the respondent on at least an annual basis.   b. An advanced registered nurse practitioner who is not certified as a psychiatric advanced registered nurse practitioner but who meets the qualifications of a mental health professional may complete periodic reports pursuant to paragraph a.  [82 Acts, ch 1212, 14]  2008 Acts, ch 1082, 2, 3; 2009 Acts, ch 133, 29; 2013 Acts, ch 90, 25; 2017 Acts, ch 34, 9  Referred to in 125.83A, 229.21, 321J.3, 462A.14 
125.87 Status during appeal.   If a respondent appeals to the supreme court from a lower courts finding that commitment is warranted, the respondent shall remain committed if already in custody, pursuant to an order of immediate custody under section 125.81 or pursuant to an order for evaluation and treatment under section 125.83, before notice of appeal was filed, unless the supreme court orders otherwise.  [82 Acts, ch 1212, 15]  Referred to in 229.21 
125.88 Status if commitment delayed.   If a court directs a respondent who was previously ordered taken into immediate custody under section 125.81 to be placed at a facility for evaluation and appropriate treatment under section 125.83, and no suitable facility can immediately admit the respondent, the respondent shall remain in custody as previously ordered by the court, notwithstanding the time limits stated in section 125.81, until a suitable facility can admit the respondent. The court shall take appropriate steps to expedite the admission of the respondent to a suitable facility at the earliest feasible time.  [82 Acts, ch 1212, 16]  Referred to in 125.81, 229.21 
125.89 Respondents charged with or convicted of crime.   1. If a court orders a respondent placed at a facility for evaluation and treatment under section 125.83 at a time when the respondent has been convicted of a public offense, or when there is pending against the respondent an unresolved formal charge of a public offense, and the respondents liberty has therefore been restricted in any manner, the findings of fact required by section 125.83 shall clearly so inform the administrator of the facility where the respondent is placed.   2. The commitment powers of the court under section 124.409 supersede the procedures and requirements of this subchapter.  [82 Acts, ch 1212, 17]  2017 Acts, ch 54, 76  Referred to in 229.21 
125.9 Powers of director.   The director may:   1. Plan, establish and maintain treatment, intervention, education, and prevention programs as necessary or desirable in accordance with the comprehensive substance abuse program.   2. Make contracts necessary or incidental to the performance of the duties and the execution of the powers of the director, including contracts with public and private agencies, organizations and individuals to pay them for services rendered or furnished to persons with substance-related disorders.   3. Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services or property from the federal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies and the department in making an application for any grant.   4. Coordinate the activities of the department and cooperate with substance abuse programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local or private agencies in this and other states for the treatment of persons with substance-related disorders and for the common advancement of substance abuse programs.   5. Require that a written report, in reasonable detail, be submitted to the director at any time by any agency of this state or of any of its political subdivisions in respect to any substance abuse prevention function, or program for the benefit of persons who are or have been involved in substance abuse, which is being conducted by the agency.   6. Submit to the governor a written report of the pertinent facts at any time the director concludes that any agency of this state or of any of its political subdivisions is conducting any substance abuse prevention function, or program for the benefit of persons who are or have been involved in substance abuse in a manner not consistent with or which impairs achievement of the objectives of the state plan to combat substance abuse, and has failed to effect appropriate changes in the function or program.   7. Keep records and engage in research and the gathering of relevant statistics.   8. Employ a deputy director who shall be exempt from the merit system. The director may employ other staff necessary to carry out the duties assigned to the director.   9. Do other acts and things necessary or convenient to execute the authority expressly granted to the director.  [C62, 66, 123A.5, 123A.7, 123A.8; C71, 73, 123A.7, 123A.8, 123B.17; C75, 77, 125.9, 224B.4, 224B.6; C79, 81, 125.9]  86 Acts, ch 1245, 1128; 87 Acts, ch 8, 1; 90 Acts, ch 1085, 3; 2005 Acts, ch 175, 63; 2011 Acts, ch 121, 29, 62  Referred to in 125.3, 125.7  Merit system, see chapter 8A, subchapter IV 
125.90 Judicial hospitalization referee.   Judicial hospitalization referees shall be utilized as provided in section 229.21 for performing the duties of the court prescribed by this subchapter.  [C79, 81, 229.51(3); 82 Acts, ch 1212, 18]  2017 Acts, ch 54, 76  Referred to in 229.21 
125.91 Emergency detention.   1. The procedure prescribed by this section shall only be used for a person with a substance-related disorder due to intoxication or substance-induced incapacitation who has threatened, attempted, or inflicted physical self-harm or harm on another, and is likely to inflict physical self-harm or harm on another unless immediately detained, or who is incapacitated by a substance, if an application has not been filed naming the person as the respondent pursuant to section 125.75 and the person cannot be ordered into immediate custody and detained pursuant to section 125.81.   2. a. A peace officer who has reasonable grounds to believe that the circumstances described in subsection 1 are applicable may, without a warrant, take or cause that person to be taken to the nearest available facility referred to in section 125.81, subsection 2, paragraph b or c. Such a person with a substance-related disorder due to intoxication or substance-induced incapacitation who also demonstrates a significant degree of distress or dysfunction may also be delivered to a facility by someone other than a peace officer upon a showing of reasonable grounds. Upon delivery of the person to a facility under this section, the attending physician and surgeon or osteopathic physician and surgeon may order treatment of the person, but only to the extent necessary to preserve the persons life or to appropriately control the persons behavior if the behavior is likely to result in physical injury to the person or others if allowed to continue. The peace officer or other person who delivered the person to the facility shall describe the circumstances of the matter to the attending physician and surgeon or osteopathic physician and surgeon. If the person is a peace officer, the peace officer may do so either in person or by written report. If the attending physician and surgeon or osteopathic physician and surgeon has reasonable grounds to believe that the circumstances in subsection 1 are applicable, the attending physician shall at once communicate with the nearest available magistrate as defined in section 801.4, subsection 10. The magistrate shall, based upon the circumstances described by the attending physician and surgeon or osteopathic physician and surgeon, give the attending physician and surgeon or osteopathic physician and surgeon oral instructions either directing that the person be released forthwith, or authorizing the persons detention in an appropriate facility. The magistrate may also give oral instructions and order that the detained person be transported to an appropriate facility.   b. If the magistrate orders that the person be detained, the magistrate shall, by the close of business on the next working day, file a written order with the clerk in the county where it is anticipated that an application may be filed under section 125.75. The order may be filed by facsimile if necessary. The order shall state the circumstances under which the person was taken into custody or otherwise brought to a facility and the grounds supporting the finding of probable cause to believe that the person is a person with a substance-related disorder likely to result in physical injury to the person or others if not detained. The order shall confirm the oral order authorizing the persons detention including any order given to transport the person to an appropriate facility. The clerk shall provide a copy of that order to the attending physician and surgeon or osteopathic physician and surgeon at the facility to which the person was originally taken, any subsequent facility to which the person was transported, and to any law enforcement department or ambulance service that transported the person pursuant to the magistrates order.   3. The attending physician and surgeon or osteopathic physician and surgeon shall examine and may detain the person pursuant to the magistrates order for a period not to exceed forty-eight hours from the time the order is dated, excluding Saturdays, Sundays, and holidays, unless the order is dismissed by a magistrate. The facility may provide treatment which is necessary to preserve the persons life or to appropriately control the persons behavior if the behavior is likely to result in physical injury to the person or others if allowed to continue or is otherwise deemed medically necessary by the attending physician and surgeon or osteopathic physician and surgeon or mental health professional, but shall not otherwise provide treatment to the person without the persons consent. The person shall be discharged from the facility and released from detention no later than the expiration of the forty-eight-hour period, unless an application for involuntary commitment is filed with the clerk pursuant to section 125.75. The detention of a person by the procedure in this section, and not in excess of the period of time prescribed by this section, shall not render the peace officer, attending physician and surgeon or osteopathic physician and surgeon, or facility detaining the person liable in a criminal or civil action for false arrest or false imprisonment if the peace officer, attending physician and surgeon or osteopathic physician and surgeon, mental health professional, or facility had reasonable grounds to believe that the circumstances described in subsection 1 were applicable.   4. The cost of detention in a facility under the procedure prescribed in this section shall be paid in the same way as if the person had been committed to the facility pursuant to an application filed under section 125.75.  [C75, 77, 125.17, 125.18; C79, 81, 125.34(4), 125.35; 82 Acts, ch 1212, 19]  90 Acts, ch 1085, 19; 2003 Acts, ch 68, 1, 2; 2009 Acts, ch 41, 188; 2011 Acts, ch 121, 50, 62; 2012 Acts, ch 1021, 44; 2012 Acts, ch 1079, 2; 2017 Acts, ch 34, 10; 2018 Acts, ch 1026, 45  Referred to in 125.12, 125.34, 125.44, 125.92, 229.21, 602.6405 
125.92 Rights and privileges of committed persons.   A person who is detained, taken into immediate custody, or committed under this subchapter has the right to:   1. Prompt evaluation, emergency services, and care and treatment as indicated by sound clinical practice.   2. Render informed consent, except for treatment provided pursuant to sections 125.81 and 125.91. If the person is incompetent treatment may be consented to by the persons next of kin or guardian notwithstanding the persons refusal. If the person refuses treatment which in the opinion of the chief medical officer is necessary or if the person is incompetent and the next of kin or guardian refuses to consent to the treatment or no next of kin or guardian is available the facility may petition a court of appropriate jurisdiction for approval to treat the person.   3. The protection of the persons constitutional rights.   4. Enjoy all legal, medical, religious, social, political, personal, and working rights and privileges, which the person would enjoy if not detained, taken into immediate custody, or committed, consistent with the effective treatment of the person and of the other persons in the facility. If the persons rights are restricted, the physician and surgeons or osteopathic physician and surgeons or mental health professionals direction to that effect shall be noted in the persons record. The person or the persons next of kin or guardian shall be advised of the persons rights and be provided a written copy upon the persons admission to or arrival at the facility.  [82 Acts, ch 1212, 20]  2017 Acts, ch 34, 11; 2017 Acts, ch 54, 76; 2018 Acts, ch 1026, 46  Referred to in 229.21 
125.93 Commitment records  confidentiality.   Records of the identity, diagnosis, prognosis, or treatment of a person which are maintained in connection with the provision of substance abuse treatment services are confidential, consistent with the requirements of section 125.37, and with the federal confidentiality regulations authorized by the federal Drug Abuse Office and Treatment Act, 42 U.S.C. 290ee and the federal Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act, 42 U.S.C. 290dd-2. However, such records may be disclosed to an employee of the department of corrections, if authorized by the director of the department of corrections, or to an employee of a judicial district department of correctional services, if authorized by the director of the judicial district department of correctional services.  [82 Acts, ch 1212, 21]  2014 Acts, ch 1092, 168; 2021 Acts, ch 11, 1  Referred to in 229.21  Section amended 
125.94 Supreme court rules.   The supreme court may prescribe rules of pleading, practice, and procedure and the forms of process, writs, and notices under section 602.4201, for all commitment proceedings in a court of this state under this chapter. The rules shall be drawn for the purpose of simplifying and expediting the proceedings, so far as is consistent with the rights of the parties involved. The rules shall not abridge, enlarge, or modify the substantive rights of a party to a commitment proceeding under this chapter.  [82 Acts, ch 1212, 22]  83 Acts, ch 186, 10045, 10201  Referred to in 229.21  Rules adopted by the supreme court are published in the compilation Iowa Court Rules 
126.1 Title.   This chapter may be cited as the Iowa Drug, Device, and Cosmetic Act.  89 Acts, ch 197, 1  CS89, 203B.1  C93, 126.1 
126.10 Drugs and devices  misbranding  labeling.   1. A drug or device is misbranded under any of the following circumstances:   a. If its labeling is false or misleading in any particular.   b. (1) If in a package form unless it bears a label containing both of the following:   (a) The name and place of business of the manufacturer, packer, or distributor.   (b) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count.   (2) However, under subparagraph (1), subparagraph division (a), reasonable variations shall be permitted, and exemptions as to small packages shall be allowed, in accordance with rules adopted by the board.   c. If any word, statement, or other information required by or under the authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.   d. If it is for use by humans and contains any quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or sulphonmethane; or any chemical derivative of such a substance, which derivative, after investigation, has been designated as habit forming, by rules adopted by the board under this chapter or by regulations adopted by the secretary pursuant to section 502(d) of the federal Act; unless its label bears the name and quantity or proportion of such substance or derivative and in juxtaposition therewith the statement Warning  May Be Habit Forming.   e. (1) If it is a drug, unless both of the following apply:   (a) Its label bears, to the exclusion of any other nonproprietary name except the applicable systematic chemical name or the chemical formula:   (i) The established name of the drug, as specified in subparagraph (3), if such exists; and   (ii) If the drug is fabricated from two or more ingredients, the established name and quantity of each active ingredient, including the quantity, kind, and proportion of any alcohol, and also including, whether active or not, the established name and quantity or proportion of any bromides, ether, chloroform, acetanilide, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances, contained therein. However, the requirement for stating the quantity of the active ingredients, other than the quantity of those specifically named in this subparagraph subdivision, applies only to prescription drugs.   (b) For a prescription drug, the established name of the prescription drug or of an ingredient is printed, on the label and on any labeling on which a name for the prescription drug or an ingredient is used, prominently and in type at least half as large as that used thereon for any proprietary name or designation for the prescription drug or ingredient. However, to the extent that compliance with subparagraph division (a), subparagraph subdivision (ii), or this subparagraph division is impracticable, exemptions shall be allowed under rules or regulations adopted by the board or the secretary under the federal Act.   (2) If it is a device and it has an established name, unless its label bears, to the exclusion of any other nonproprietary name, its established name, as defined in subparagraph (4), prominently printed in type at least half as large as that used thereon for any proprietary name or designation for the device, except that to the extent compliance with this subparagraph is impracticable, exemptions shall be allowed under rules or regulations adopted by the board or the secretary under the federal Act.   (3) As used in subparagraph (1), the term established name, with respect to a drug or ingredient thereof, means one of the following:   (a) The applicable official name designated pursuant to section 508 of the federal Act.   (b) If no such official name exists and the drug or ingredient is an article recognized in an official compendium, then its official title in the compendium.   (c) If neither subparagraph division (a) nor (b) applies, then the common or usual name, if any, of the drug or ingredient. However, if subparagraph division (b) applies to an article recognized in the United States Pharmacopoeia National Formulary and in the Homeopathic Pharmacopoeia of the United States under different official titles, the official title used in the United States Pharmacopoeia National Formulary applies unless it is labeled and offered for sale as a homeopathic drug, in which case the official title used in the Homeopathic Pharmacopoeia of the United States applies.   (4) As used in subparagraph (2), the term established name with respect to a device means one of the following:   (a) The applicable official name of the device pursuant to section 508 of the federal Act.   (b) If no such official name exists and the device is an article recognized in an official compendium, then its official title in the compendium.   (c) If neither subparagraph division (a) nor (b) applies, then any common or usual name of the device.   f. (1) Unless its labeling bears both of the following:   (a) Adequate directions for use.   (b) Adequate warnings against use in those pathological conditions, or by children, where its use may be dangerous to health, or against unsafe dosage or methods or durations of administration or application, in the manner and form necessary for the protection of users.   (2) However, if a requirement of subparagraph (1), subparagraph division (a), as applied to a drug or device, is not necessary for the protection of the public health, the board or the secretary shall adopt rules or regulations exempting the drug or device from that requirement.   g. If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed in the official compendium. However, the method of packing may be modified with the consent of the board or the secretary. If a drug is recognized in both the United States Pharmacopoeia National Formulary and the Homeopathic Pharmacopoeia of the United States, it is subject to the requirements of the United States Pharmacopoeia National Formulary with respect to packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it is subject to the Homeopathic Pharmacopoeia of the United States, and not to the United States Pharmacopoeia National Formulary. However, if an inconsistency exists between this paragraph and paragraph e as to the name by which the drug or its ingredients shall be designated, paragraph e prevails.   h. If it has been found by the board or the secretary to be a drug liable to deterioration, unless it is packaged in the form and manner, and its label bears a statement of the precautions that the board or the secretary by rule or regulation requires as necessary for the protection of public health. Such a rule or regulation shall not be established for a drug recognized in an official compendium until the board or the secretary has informed the appropriate body charged with the revision of the official compendium of the need for such packaging or labeling requirements and that body has failed within a reasonable time to prescribe such requirements.   i. (1) If it is a drug and its container is so made, formed, or filled as to be misleading.   (2) If it is an imitation of another drug.   (3) If it is offered for sale under the name of another drug.   j. If it is dangerous to health when used in the dosage or manner, or with the frequency or duration prescribed, recommended, or suggested in its labeling.   k. If it is, or purports to be, or is represented as a drug composed wholly or partly of insulin, unless both of the following apply:   (1) It is from a batch with respect to which a certificate or release has been issued pursuant to section 506 of the federal Act.   (2) The certificate or release is in effect with respect to the drug.   l. (1) If it is, or purports to be, or is represented as a drug, composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin, or any other antibiotic drug, or any derivative thereof, unless both of the following apply:   (a) It is from a batch with respect to which a certificate or release has been issued pursuant to section 507 of the federal Act.   (b) The certificate or release is in effect with respect to the drug.   (2) However, this paragraph l does not apply to any drug or class of drugs exempted by regulations adopted under section 507(c) or 507(d) of the federal Act.   m. If it is a color additive, the intended use of which is for the purpose of coloring only, unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable to that color additive, as contained in regulations adopted under section 706 of the federal Act.   n. If it is a prescription drug distributed or offered for sale in this state, unless the manufacturer, packer, or distributor includes in all advertising and other descriptive printed matter issued or caused to be issued by the manufacturer, packer, or distributor with respect to the prescription drug a true statement of all of the following:   (1) The established name as defined in paragraph e, printed prominently and in type at least half as large as that used for any trade or brand name thereof.   (2) The formula showing quantitatively each ingredient of the prescription drug to the extent required for labels under paragraph e.   (3) Other information in brief summary relating to side effects, contraindications, and effectiveness as required in regulations adopted pursuant to section 701(e) of the federal Act.   o. If it was manufactured, prepared, propagated, compounded, or processed in an establishment in this state not duly registered under section 510 of the federal Act, if it was not included on a list required by section 510(j) of the federal Act, if a notice or other information respecting it was not provided as required by that section or section 510(k) of the federal Act, or if it does not bear the symbols from the uniform system for identification of devices prescribed under section 510(e) of the federal Act that are required by regulation.   p. If it is a drug and its packaging or labeling is in violation of an applicable regulation adopted pursuant to section 3 or 4 of the federal Poison Prevention Packaging Act of 1970, 15 U.S.C. 1471 et seq.   q. If a trademark, trade name, or other identifying mark, imprint, or device of another trademark, trade name, mark, or imprint or any likeness of the foregoing has been placed thereon or upon its container with intent to defraud.   r. In the case of a restricted device distributed or offered for sale in this state, if either of the following applies:   (1) Its advertising is false or misleading in any particular.   (2) It is sold, distributed, or used in violation of regulations adopted pursuant to section 520(e) of the federal Act.   s. In the case of a restricted device distributed or offered for sale in this state, unless the manufacturer, packer, or distributor includes in all advertising and other descriptive printed matter issued by the manufacturer, packer, or distributor with respect to the device both of the following:   (1) A true statement of the devices established name as defined in paragraph e, printed prominently and in type at least half as large as that used for any trade or brand name thereof.   (2) A brief statement of the intended uses of the device and relevant warnings, precautions, side effects, and contraindications; and in the case of a specific device made subject to regulations adopted pursuant to the federal Act, a full description of the components of the device or the formula showing quantitatively each ingredient of the device to the extent required in regulations under the federal Act.   t. If it is a device subject to a performance standard established under section 514 of the federal Act, unless it bears labeling as prescribed in that performance standard.   u. If it is a device and there was a failure or refusal to comply with any requirement prescribed under section 518 of the federal Act respecting the device, or to furnish material required by or under section 519 of the federal Act respecting the device.   2. If an article is alleged to be misbranded because the labeling or advertising is misleading, then in determining whether the labeling or advertising is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, or any combination thereof, but also the extent to which the labeling or advertising fails to reveal facts material in the light of such representations, or material with respect to consequences which may result from the use of the article to which the labeling or advertising relates, under the conditions of use prescribed in the labeling or advertising or under customary or usual conditions of use.   3. The representation of a drug, in its labeling, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body.  89 Acts, ch 197, 10  CS89, 203B.10  C93, 126.10  2009 Acts, ch 41, 189  Referred to in 126.11 
126.11 Exemptions in cases of drugs and devices  dispensing by prescription only.   1. The board shall adopt rules exempting from any labeling or packaging requirement of this chapter drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packaged, on condition that such drugs and devices are not adulterated or misbranded upon removal from the processing, labeling, or repacking establishment.   2. Drug and device labeling or packaging exemptions adopted pursuant to the federal Act shall apply to drugs and devices in this state except insofar as modified or rejected by rules adopted by the board.   3. a. (1) This paragraph a applies to a drug intended for use by humans which is any of the following:   (a) Is a habit-forming drug to which section 126.10, subsection 1, paragraph d applies.   (b) Because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer the drug.   (c) Is limited by an approved application under section 505 of the federal Act to use under the professional supervision of a practitioner licensed by law to administer the drug.   (2) Such a drug shall be dispensed only upon a written, electronic, or facsimile prescription of a practitioner licensed by law to administer the drug, or upon an oral prescription of such a practitioner which is reduced promptly to writing and filed by the pharmacist, or by refilling any such written, electronic, facsimile, or oral prescription if the refilling is authorized by the prescriber either in the original written, electronic, or facsimile prescription or by oral order which is reduced promptly to writing and filed by the pharmacist. The act of dispensing a drug contrary to this paragraph a while the drug is held for sale results in the drug being misbranded.   b. A drug dispensed by filling or refilling a written, electronic, facsimile, or oral prescription of a practitioner licensed by law to administer the drug is exempt from section 126.10, except section 126.10, subsection 1, paragraph a, section 126.10, subsection 1, paragraph i, subparagraphs (2) and (3), and section 126.10, subsection 1, paragraphs k and l, and the packaging requirements of section 126.10, subsection 1, paragraphs g, h, and p, if the drug bears a label containing the name and address of the dispenser, the date of the prescription or of its filling, the name of the prescriber, and, if stated in the prescription, the name of the patient, and the directions for use and cautionary statements, if any, contained in the prescription. This exemption does not apply to a drug dispensed in the course of the conduct of the business of dispensing drugs pursuant to diagnosis by mail, or to a drug dispensed in violation of paragraph a of this subsection.   c. The board may, by rule, remove a drug subject to section 126.10, subsection 1, paragraph d, and section 505 of the federal Act from the requirements of paragraph a of this subsection when such requirements are not necessary for the protection of the public health.   d. A drug which is subject to paragraph a of this subsection is misbranded if, at any time prior to dispensing, its label fails to bear the statement: Caution: Federal Law Prohibits Dispensing Without Prescription, or Caution: State Law Prohibits Dispensing Without Prescription. A drug to which paragraph a of this subsection does not apply is misbranded if, at any time prior to dispensing, its label bears the caution statement quoted in the preceding sentence.   e. Prescription drug samples dispensed by a practitioner licensed by law to administer such drugs are exempt from section 126.10.   f. All electronic or facsimile prescriptions transmitted under this section shall comply with section 155A.27.  89 Acts, ch 197, 11  CS89, 203B.11  C93, 126.11  2004 Acts, ch 1036, 5  7; 2009 Acts, ch 41, 190; 2013 Acts, ch 30, 26; 2013 Acts, ch 140, 58 
126.12 New drugs.   1. A person shall not sell, deliver, offer for sale, hold for sale, or give away a new drug unless both of the following apply:   a. An application with respect to the new drug has been approved and the approval has not been withdrawn under section 505 of the federal Act.   b. A copy of the letter of approval or approvability issued by the United States food and drug administration is on file with the secretary of the board, if the product is manufactured in this state.   2. A person shall not use in humans a new drug limited to investigational use unless the person has filed with the United States food and drug administration a completed and signed Notice of Claimed Investigational Exemption for a New Drug form in accordance with  21 C.F.R. 312.1   and the exemption has not been terminated. The drug shall be plainly labeled in compliance with section 505(i) or 507(d) of the federal Act.   3. This section does not apply to either of the following:   a. A drug which is not a new drug as defined in the federal Act.   b. A drug which is licensed under the federal Public Health Service Act of July 1, 1944, 42 U.S.C. 201 et seq. or under the Animal Virus-Serum-Toxin Act of March 4, 1913, 21 U.S.C. 151 et seq.  89 Acts, ch 197, 12  CS89, 203B.12  C93, 126.12  2010 Acts, ch 1061, 24  Referred to in 126.3, 126.6 
126.14 Cosmetics  adulteration.   A cosmetic is adulterated if any of the following apply:   1. a. It bears or contains a poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in its labeling or under customary or usual conditions of use. However, this does not apply to coal-tar hair dye if the label of the dye bears the following legend conspicuously displayed and the label bears adequate directions for the preliminary testing:   Caution  This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness.   b. For the purposes of this subsection and subsection 5, hair dye does not include eyelash dyes or eyebrow dyes.   2. It consists in whole or in part of any filthy, putrid, or decomposed substance.   3. It has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.   4. Its container is composed, in whole or in part, of a poisonous or deleterious substance which may render the contents injurious to health.   5. It is not a hair dye and it is, or it bears or contains a color additive which is unsafe within the meaning of section 706(a) of the federal Act.  89 Acts, ch 197, 13  CS89, 203B.14  C93, 126.14  2018 Acts, ch 1041, 42  Referred to in 126.15 
126.15 Cosmetics  misbranding.   1. A cosmetic is misbranded if any of the following apply:   a. Its labeling is false or misleading in any particular.   b. If in package form unless it bears a label containing both of the following:   (1) The name and place of business of the manufacturer, packer, or distributor.   (2) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, which statement shall be separately and accurately stated in a uniform location upon the principal display panel of the label.   c. A word, statement, or other information required by or under the authority of this chapter to appear on the label or labeling is not prominently placed there with such conspicuousness, as compared with other words, statements, designs, or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.   d. Its container is so made, formed, or filled as to be misleading.   e. It is a color additive, unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable to that color additive prescribed under section 706 of the federal Act. This paragraph does not apply to packages of color additives which, with respect to their use of cosmetics, are marketed and intended for use only in or on hair dyes, as specified in section 126.14, subsection 1.   f. Its packaging or labeling is in violation of an applicable regulation adopted pursuant to section 3 or 4 of the federal Poison Prevention Packaging Act of 1970, 15 U.S.C. 1471 et seq.   2. The board shall adopt rules exempting from any labeling requirement of this chapter, cosmetics which are in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where they are originally processed or packed, on condition that such cosmetics are not adulterated or misbranded upon removal from the processing, labeling, or repacking establishment. Cosmetic labeling exemptions adopted under the federal Act apply to cosmetics in this state except as modified or rejected by rules adopted by the board.  89 Acts, ch 197, 14  CS89, 203B.15  C93, 126.15  2009 Acts, ch 41, 263 
126.16 False advertising.   1. The advertising of a drug, device, or cosmetic is false if it is false or misleading in any particular.   2. For the purpose of this chapter, advertising is false if it represents a drug, device, or cosmetic to have any effect in the diagnosis, prevention, or treatment of arthritis, blood disorders, bone or joint diseases, kidney diseases or disorders, cancer, diabetes, gall bladder disease or disorders, heart and vascular disease, high blood pressure, diseases or disorders of the ear, mental disease or an intellectual disability, degenerative neurological diseases, paralysis, prostate gland disorders, conditions of the scalp affecting hair loss, baldness, endocrine disorders, sexual impotence, tumors, venereal diseases, varicose ulcers, breast enlargement, purifying blood, metabolic disorders, immune system disorders or conditions affecting the immune system, extension of life expectancy, stress and tension, brain stimulation or performance, the bodys natural defense mechanisms, blood flow, and depression. However, advertising not in violation of subsection 1 is not false under this subsection if it is disseminated only to members of the medical, dental, or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices. However, if the board determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in this subsection, the board shall by rule authorize the advertising of drugs having curative or therapeutic effect for such disease, subject to the conditions and restrictions the board deems necessary in the interests of the public health. However, this subsection does not indicate that self-medication for diseases other than those named in this subsection is safe and efficacious.  89 Acts, ch 197, 15  CS89, 203B.16  C93, 126.16  2012 Acts, ch 1019, 6 
126.17 Rules  hearings.   1. The board may adopt rules pursuant to chapter 17A for the efficient enforcement of this chapter. The board may make the rules adopted under this chapter conform, insofar as practicable, with those regulations adopted pursuant to the federal Act.   2. Hearings authorized or required by this chapter shall be conducted by the board or by an officer, agent, or employee designated by the board.  89 Acts, ch 197, 16  CS89, 203B.17  C93, 126.17 
126.18 Inspections.   1. a. For purposes of enforcement of this chapter, the board or any of its authorized agents, upon presenting appropriate credentials to the owner, operator, or agent in charge, may do both of the following:   (1) Enter at reasonable times any factory, warehouse, or other establishment in which drugs, devices, or cosmetics are manufactured, processed, packed, or held, for introduction into commerce or after such introduction; or enter a vehicle being used to transport or hold drugs, devices, or cosmetics in commerce.   (2) Inspect at reasonable times and within reasonable limits and in a reasonable manner such a factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein, and obtain samples necessary to the enforcement of this chapter. In the case of a factory, warehouse, establishment, or consulting laboratory in which prescription drugs are manufactured, processed, packed, or held, the inspection shall extend to all things therein, including records, files, papers, processes, controls, and facilities, bearing on whether prescription drugs or restricted devices which are adulterated or misbranded or which may not be manufactured, introduced into commerce, or sold or offered for sale by reason of any provision of this chapter, have been or are being manufactured, processed, packed, transported, or held in violation of or bearing on a violation of this chapter. An inspection authorized for prescription drugs by the preceding sentence shall not extend to financial data, sales data other than shipment data, pricing data, personnel data other than data as to qualifications of technical and professional personnel performing functions subject to this chapter, and research data other than data relating to new drugs, and antibiotic drugs, and devices, and subject to reporting and inspection under regulations lawfully issued pursuant to section 505(i) or 505(j), or section 507(d) or 507(g), section 519, or section 520(g) of the federal Act, and data, relating to other drugs, or devices which in the case of a new drug would be subject to reporting or inspection under lawful regulations issued pursuant to section 505(j) of the federal Act. The inspection shall be commenced and completed with reasonable promptness.   b. Paragraph a does not apply to any of the following:   (1) Pharmacies which maintain establishments in conformance with laws of this state regulating the practice of pharmacy and medicine and which are regularly engaged in dispensing prescription drugs, or devices, upon prescription of practitioners licensed to administer the drugs or devices to patients under the care of the practitioners in the course of their professional practice, and which do not, either through a subsidiary or otherwise, manufacture, prepare, propagate, compound, or process drugs or devices for sale other than in the regular course of their business of dispensing or selling drugs or devices at retail.   (2) Practitioners licensed by law to prescribe or administer drugs or prescribe or use devices, and who manufacture, prepare, propagate, compound, or process drugs, or manufacture or process devices solely for use in the course of their professional practice.   (3) Persons who manufacture, prepare, propagate, compound, or process drugs, or manufacture or process devices solely for use in research, teaching, or chemical analysis and not for sale.   (4) Duly employed sales representatives of pharmaceutical companies acting in the normal and customary performance of their duties.   (5) Other classes of persons the board exempts from the application of this section by rule upon a finding that inspection as applied to such classes of persons in accordance with this section is not necessary for the protection of the public health.   2. a. Upon completion of an inspection of a factory, warehouse, consulting laboratory, or other establishment and prior to leaving the premises, the authorized agent making the inspection shall give to the owner, operator, or agent in charge a report in writing setting forth any conditions or practices observed by the authorized agent which, in the judgment of the authorized agent, indicate that any drug, device, or cosmetic in the establishment meets either of the following:   (1) Consists in whole or in part of a filthy, putrid, or decomposed substance.   (2) Has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.   b. A copy of the report shall be sent promptly to the board.   3. If the authorized agent making an inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises the authorized agent shall give to the owner, operator, or agent in charge a receipt describing the sample obtained.   4. A person required under this chapter or section 519 or 520(g) of the federal Act to maintain records and a person who is in charge or custody of such records shall, upon request of an authorized agent designated by the board, permit the authorized agent at all reasonable times to have access and to copy and verify such records.   5. For the purposes of enforcing this chapter, carriers engaged in commerce, and persons receiving drugs, devices, or cosmetics in commerce or holding such articles so received, shall, upon the request of a duly authorized agent of the board, permit the agent, at reasonable times, to have access to and to copy all records showing the movement in commerce of a drug, device, or cosmetic, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof. It is unlawful for any such carrier or person to fail to permit such access to and copying of any such record so requested when the request is accompanied by a statement in writing specifying the nature or kind of drug, device, or cosmetic to which the request relates.   6. Evidence obtained under this section or evidence which is directly or indirectly derived from such evidence obtained under this section, shall not be used in a criminal prosecution of the person from whom the evidence was obtained; and carriers are not subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of drugs, devices, or cosmetics in the usual course of business as carriers.  89 Acts, ch 197, 17  CS89, 203B.18  C93, 126.18  2009 Acts, ch 41, 263  Referred to in 126.3 
126.19 Publicity.   1. The board may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charges and their disposition.   2. The board may also cause to be disseminated information regarding drugs, devices, or cosmetics, in situations involving, in the opinion of the board, imminent danger to health, or gross deception of the consumer. This section does not prohibit the board from collecting, reporting, and illustrating the results of investigations by the board.  89 Acts, ch 197, 18  CS89, 203B.19  C93, 126.19 
126.2 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Advertising means any representation disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of drugs, devices, or cosmetics.   2. Anabolic steroid means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids, or dehydroepiandrosterone, which substance is identified as an anabolic steroid in section 124.208, subsection 6, and includes any other substance designated by the board as an anabolic steroid through the adoption of rules pursuant to chapter 17A.   3. Board means the board of pharmacy.   4. Contaminated with filth means not securely protected from dust, dirt, and as far as is necessary by all reasonable means, from all foreign or injurious contaminations.   5. Cosmetic means any of the following, but does not include soap:   a. An article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part of a human body for cleaning, beautifying, promoting attractiveness, or altering the appearance.   b. An article intended for use as a component of an article defined in paragraph a.   6. Counterfeit drug means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any such likeness, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed the drug and which falsely purports or is represented to be the product of, or to have been packed or distributed by, such other drug manufacturer, processor, packer, or distributor.   7. Device means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory of any of these, which is any of the following:   a. Recognized as a device in the official United States Pharmacopoeia National Formulary or any supplement to it.   b. Intended for use in the diagnosis of diseases or other conditions, or in the cure, mitigation, treatment, or prevention of diseases or other conditions in a human.   c. Intended to affect the structure or any function of the body of a human, and which does not achieve any of its principal intended purposes through chemical action within or on the body of a human and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes.   8. Drug means any of the following, but does not include a device:   a. An article recognized as a drug in the official United States Pharmacopoeia National Formulary, official Homeopathic Pharmacopoeia of the United States, or any supplement to either document.   b. An article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in a human.   c. An article, other than food, intended to affect the structure or any function of the body of a human.   d. An article intended for use as a component of any articles specified in paragraphs a, b, or c.   9. Electronic prescription means a prescription which is transmitted by a computer device in a secure manner, including computer-to-computer transmission and computer-to-facsimile transmission.   10. Facsimile prescription means a prescription which is transmitted by a device which sends an exact image to the receiver.   11. Federal Act means the federal Food, Drug, and Cosmetic Act, which is codified in 21 U.S.C. 301 et seq.   12. Immediate container does not include a package liner.   13. Label means a display of written, printed, or graphic matter upon the immediate container of an article; and a requirement made by or under authority of this chapter that any word, statement, or other information appear on the label is not complied with unless the word, statement, or other information also appears on the outside container or wrapper of the retail package of the article, or is easily legible through the outside container or wrapper.   14. Labeling means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers, or accompanying an article.   15. New drug means either of the following:   a. Any drug, the composition of which is such that the drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in its labeling, except that a drug not so recognized is not a new drug if at any time prior to the enactment of this chapter it was subject to the federal Act, and if at that time its labeling contained the same representations concerning the conditions of its use.   b. Any drug, the composition of which is such that the drug, as a result of investigations to determine its safety and effectiveness for use under the conditions prescribed, recommended, or suggested in its labeling, has become recognized as safe and effective, but which has not, other than in such investigations, been used to a material extent or for a material time under the conditions prescribed, recommended, or suggested in its labeling.   16. Official compendium means the official United States Pharmacopoeia National Formulary, official Homeopathic Pharmacopoeia of the United States, or any supplement to either document.   17. Person means an individual, partnership, corporation, or association.   18. Principal display panel means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.   19. Safe as used in this chapter has reference to the health of a human.   20. Secretary means the secretary of the United States department of health and human services.  89 Acts, ch 197, 2  CS89, 203B.2  90 Acts, ch 1078, 1  C93, 126.2  2004 Acts, ch 1036, 4; 2007 Acts, ch 8, 20; 2007 Acts, ch 10, 17  Referred to in 280.16 
126.20 Chapter not applicable to commercial feed.   This chapter does not apply to the Iowa Commercial Feed Law of 1974 under chapter 198 or to administrative rules adopted pursuant to chapter 198.  89 Acts, ch 197, 19  CS89, 203B.20  C93, 126.20 
126.21 Chapter not applicable to animal drugs.   This chapter does not apply to drugs intended for use for animals and not for humans.  89 Acts, ch 197, 20  CS89, 203B.21  C93, 126.21 
126.22 Nitrous oxide.   1. Unlawful possession. Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses, or who knowingly and with the intent to do so is under the influence of nitrous oxide or any material containing nitrous oxide, is guilty of a serious misdemeanor. This subsection shall not apply to a person who is under the influence of nitrous oxide or any material containing nitrous oxide for the purpose of medical, surgical, or dental care by a person duly licensed to administer such an agent.   2. Unlawful distribution. Any person who distributes nitrous oxide, or possesses nitrous oxide with intent to distribute to any other person, if such distribution is with the intent to induce unlawful inhaling of the substance or is with the knowledge that the other person will unlawfully inhale the substance, is guilty of a serious misdemeanor.  97 Acts, ch 39, 6 
126.23 Gamma-hydroxybutyrate.   1. Unlawful possession. Any person who possesses gamma-hydroxybutyrate (also known as gamma-hydroxybutyric acid, or GHB), or any substance containing gamma-hydroxybutyrate, commits an aggravated misdemeanor. This subsection shall not apply to any person who obtains or possesses gamma-hydroxybutyrate or any material containing gamma-hydroxybutyrate pursuant to a lawful order of a physician or other authorized prescriber for the legitimate treatment of disease.   2. Unlawful distribution. Any person who distributes gamma-hydroxybutyrate, or possesses gamma-hydroxybutyrate with the intent to distribute to any other person, commits an aggravated misdemeanor if the person intends to promote or allow the unlawful use of the substance or if the person knows that the other person will use the substance for unlawful purposes.  97 Acts, ch 95, 1 
126.23A Pseudoephedrine retail restrictions.   1. a. A retailer or an employee of a retailer shall not do any of the following:   (1) Sell more than seven thousand five hundred milligrams of pseudoephedrine to the same person within a thirty-day period.   (2) Knowingly sell more than one package of a product containing pseudoephedrine to a person in a twenty-four-hour period.   (3) Sell a package of a pseudoephedrine product that can be further broken down or subdivided into two or more separate and distinct packages or offer promotions where a pseudoephedrine product is given away for free as part of any purchase transaction.   b. A retailer or an employee of a retailer shall do the following:   (1) Provide for the sale of a pseudoephedrine product from a locked cabinet or behind a sales counter where the public is unable to reach the product and where the public is not permitted.   (2) Require a purchaser to present a government-issued photo identification card identifying the purchaser prior to purchasing a pseudoephedrine product.   (3) Require the purchaser to sign a logbook and to also require the purchaser to legibly print the purchasers name and address in the logbook.   (4) Print the name of the pseudoephedrine product purchased and quantity sold next to the name of each purchaser in the logbook.   (5) Determine the signature in the logbook corresponds with the name on the government-issued photo identification card.   (6) Keep the logbook twenty-four months from the date of the last entry.   (7) Provide notification in a clear and conspicuous manner in a location where a pseudoephedrine product is offered for sale stating the following:   Iowa law prohibits the over-the-counter purchase of more than one package of a product containing pseudoephedrine in a twenty-four-hour period or of more than seven thousand five hundred milligrams of pseudoephedrine within a thirty-day period. If you purchase a product containing pseudoephedrine, you are required to sign a logbook which may be accessible to law enforcement officers.   (8) Provide notification affixed to the logbook stating that a purchaser entering a false statement or misrepresentation in the logbook may subject the purchaser to criminal penalties under 18 U.S.C. 1001.   (9) Disclose logbook information as provided by state and federal law.   (10) Comply with training requirements pursuant to federal law.   2. A purchaser shall not do any of the following:   a. Purchase more than one package of a pseudoephedrine product within a twenty-four-hour period from a retailer.   b. Purchase more than seven thousand five hundred milligrams of pseudoephedrine from a retailer, either separately or collectively, within a thirty-day period.   3. A purchaser shall sign the logbook and also legibly print the purchasers name and address in the logbook.   4. Enforcement of this section shall be implemented uniformly throughout the state. A political subdivision of the state shall not adopt an ordinance regulating the display or sale of products containing pseudoephedrine. An ordinance adopted in violation of this section is void and unenforceable and any enforcement activity of an ordinance in violation of this section is void.   5. The logbook may be kept in an electronic format upon approval by the department of public safety.   6. A pharmacy that sells a product that contains three hundred sixty milligrams or less of pseudoephedrine on a retail basis shall comply with the provisions of this section with respect to the sale of such product. However, a pharmacy is exempted from the provisions of this section when selling a pseudoephedrine product pursuant to section 124.212.   7. A retailer or an employee of a retailer that reports to any law enforcement agency any alleged criminal activity related to the purchase or sale of pseudoephedrine or who refuses to sell a pseudoephedrine product to a person is immune from civil liability for that conduct, except in cases of willful misconduct.   8. If a retailer or an employee of a retailer violates any provision of this section, a city or county may assess a civil penalty against the retailer upon hearing and notice as provided in section 126.23B.   9. An employee of a retailer who commits a violation of subsection 1 or a purchaser who commits a violation of subsection 2 commits a simple misdemeanor punishable by a scheduled fine under section 805.8C, subsection 6.   10. As used in this section, retailer means a person or business entity engaged in this state in the business of selling products on a retail basis. An employee of a retailer means any employee, contract employee, or agent of the retailer.  2004 Acts, ch 1127, 1; 2005 Acts, ch 15, 3, 14; 2005 Acts, ch 179, 115  117; 2009 Acts, ch 25, 7, 8; 2010 Acts, ch 1061, 25  Referred to in 124.212, 124.213, 126.23B, 602.8105, 714.7C, 805.8C(6)  Theft of pseudoephedrine, see 714.7C 
126.23B Civil penalty.   1. A city or a county may enforce section 126.23A, after giving the retailer an opportunity to be heard upon ten days written notice by restricted certified mail stating the alleged violation and the time and place at which the retailer may appear and be heard.   2. For a violation of section 126.23A by the retailer or an employee of the retailer a civil penalty shall be assessed against the retailer as follows:   a. For a first violation, the retailer shall be assessed a civil penalty in the amount of three hundred dollars.   b. For a second violation within a period of two years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars.   c. For a third violation within a period of three years, the retailer shall be assessed a civil penalty in the amount of two thousand dollars. The retailer may also be prohibited from selling pseudoephedrine for up to three years from the date of assessment of the civil penalty.   d. For a fourth or subsequent violation within a period of three years, the retailer shall be assessed a civil penalty in the amount of three thousand dollars. On a fourth or subsequent violation, the retailer shall be prohibited from selling pseudoephedrine products for three years from the date of the assessment of the civil penalty.   3. The city or county that takes legal action against a retailer under this section shall report the assessment of a civil penalty to the department of public safety within thirty days of the penalty being assessed.   4. The civil penalty shall be collected by the clerk of the district court and shall be distributed as provided in section 602.8105, subsection 4.  2005 Acts, ch 15, 4, 14  Referred to in 126.23A, 602.8105 
126.25 Human immunodeficiency virus home testing kits  prohibition  penalties. Repealed by 2013 Acts, ch 81, 4. 
126.26 Notice of conviction under chapter. Repealed by 2019 Acts, ch 59, 238. 
126.2A Applicability.   The provisions of this chapter regarding the selling of drugs, devices, or cosmetics are applicable to the manufacture, production, processing, packaging, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article, and the supplying or applying of any such article, in the conduct of any drug, device, or cosmetic establishment.  C93, 126.2(unn. 2)  CS2007, 126.2A 
126.3 Prohibited acts.   The following acts and the causing of the acts within this state are unlawful:   1. The introduction or delivery for introduction into commerce of any drug, device, or cosmetic that is adulterated or misbranded.   2. The adulteration or misbranding of any drug, device, or cosmetic in commerce.   3. The receipt in commerce of a drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.   4. The introduction or delivery for introduction into commerce of a drug, device, or cosmetic in violation of section 126.12.   5. The dissemination of any false advertising.   6. The refusal to permit entry or inspection, or to permit the taking of a sample or to permit access to or copying of any record as authorized by section 126.18; or the failure to establish or maintain any record or make any report required under section 512(j), 512(l), or 512(m) of the federal Act, or the refusal to permit access to or verification or copying of any such required record.   7. The manufacture within this state of a drug, device, or cosmetic that is adulterated or misbranded.   8. The giving of a guaranty or undertaking referred to in section 126.5, subsection 2, if the guaranty or undertaking is false, except by a person who relied upon a guaranty or undertaking to the same effect, signed by, and containing the name and address of, the person residing in this state from whom the person received the drug, device, or cosmetic in good faith.   9. The removal or disposal of a detained or embargoed drug, device, or cosmetic in violation of section 126.6, subsection 1.   10. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a drug, device, or cosmetic, if the act is done while the article is held for sale, whether or not it would be the first sale, after shipment in commerce; and if the action results in the article being adulterated or misbranded.   11. Forging, counterfeiting, simulating, or falsely representing, or without proper authority using a mark, stamp, tag, label, or other identification device authorized or required by rules or regulations adopted under this chapter or the federal Act.   12. Making, selling, disposing of, or keeping in possession, control, or custody, or concealing a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another trademark, trade name, mark, imprint, or device or a likeness of any trademark, trade name, mark, imprint, or device upon a drug or drug container or the labeling thereof so as to render the drug a counterfeit drug.   13. The doing of an act which causes a drug to be a counterfeit drug, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit drug.   14. The use by a person to the persons own advantage, or the revealing, other than to the board or to the persons authorized representative or to the courts when relevant in a judicial proceeding under this chapter, of any information acquired under authority of this chapter concerning any method or process which as a trade secret is entitled to protection.   15. The use, on the labeling of a drug or device or in advertising relating to a drug or device, of a representation or suggestion that approval of an application with respect to the drug or device is in effect under section 126.12 or section 505, 515, or 520(g) of the federal Act, or that the drug or device complies with the provisions of any of those sections.   16. The use, in labeling, advertising, or other sales promotion of a reference to a report or analysis furnished in compliance with section 126.18 or section 704 of the federal Act.   17. If a prescription drug is distributed or offered for sale in this state, the failure of the manufacturer, packer, or distributor of the prescription drug to maintain for transmittal, or to transmit, to any practitioner licensed by applicable law to administer the drug who makes written request for information as to the drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the federal Act. This subsection does not exempt any person from a labeling requirement imposed by or under this chapter.   18. a. Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trademark, trade name, or other identifying mark or imprint of another trademark, trade name, mark, or imprint or any likeness of such a trademark, trade name, mark, or imprint.   b. Selling, dispensing, disposing of; causing to be sold, dispensed, or disposed of; or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, a drug, device, or container thereof, with knowledge that the trademark, trade name, or other identifying mark or imprint of another trademark, trade name, mark, or imprint or any likeness of any trademark, trade name, mark, or imprint has been placed thereon in a manner prohibited by paragraph a.   c. Making, selling, disposing of; causing to be made, sold, or disposed of; keeping in possession, control, or custody; or concealing with intent to defraud any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another trademark, trade name, mark, or imprint or any likeness of any trademark, trade name, mark, or imprint upon a drug or container or labeling thereof so as to render the drug a counterfeit drug.   19. The failure to register in accordance with section 510 of the federal Act, the failure to provide any information required by section 510(j) or 510(k) of the federal Act, or the failure to provide a notice required by section 510(j)(2) of the federal Act.   20. a. The failure or refusal to:   (1) Comply with a requirement prescribed under section 518 or 520(g) of the federal Act.   (2) Furnish any notification or other material or information required by or under section 519 or 520(g) of the federal Act.   b. With respect to any device, the submission of any report required by or under this chapter that is false or misleading in any material respect.   21. The movement of a device in violation of an order under section 304(g) of the federal Act or the removal or alteration of any mark or label required by the order to identify the device as detained.   22. The failure to provide the notice required by section 412(b) or 412(c) of the federal Act, the failure to make the reports required by section 412(d)(1)(B) of the federal Act, or the failure to meet the requirements prescribed under section 412(d)(2) of the federal Act.   23. Selling, dispensing, or distributing; causing to be sold, dispensed, or distributed; or possessing with intent to sell, dispense, or distribute, an anabolic steroid to a person under eighteen years of age, with knowledge that the anabolic steroid is not necessary for the legitimate treatment of disease pursuant to an order of a physician.  89 Acts, ch 197, 3  CS89, 203B.3  90 Acts, ch 1078, 2  C93, 126.3  Referred to in 126.4, 126.5, 232.52, 321.215 
126.4 Injunction proceedings.   The board may apply to the district court for, and the court has jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of section 126.3 whether or not there exists an adequate remedy at law.  89 Acts, ch 197, 4  CS89, 203B.4  C93, 126.4 
126.5 Penalties  guaranty  false advertising liability.   1. A person who violates a provision of this chapter, other than a violation of section 126.3, subsection 23, is guilty of a serious misdemeanor; but if the violation is committed after a conviction of the person under this section has become final, the person is guilty of an aggravated misdemeanor.   2. A person is not subject to the penalties of subsection 1 if the person establishes a guaranty or undertaking signed by, and containing the name and address of another person residing in this state from whom the person received the article in good faith, to the effect that the article is not adulterated or misbranded.   3. A publisher, radio-broadcast licensee, or agency or medium which disseminates false advertising, except the manufacturer, packer, distributor, or seller of the article to which false advertising relates, is not liable under this section for the dissemination of the false advertising, unless the person knew or believed that the advertising was deceptive, false, or misleading or the person has refused upon the request of the board to furnish the board the name and address, if known, of the manufacturer, packer, distributor, seller, or advertising agency which caused the person to disseminate the advertisement.   4. A person who violates section 126.3, subsection 23, commits an aggravated misdemeanor.   5. A violation of this chapter is a violation of section 714.16, subsection 2, paragraph a.  89 Acts, ch 197, 5  CS89, 203B.5  90 Acts, ch 1078, 3, 4; 92 Acts, ch 1062, 2  C93, 126.5  Referred to in 126.3  See also 716A.3, subsection 2 
126.6 Embargo.   1. If a duly authorized agent of the board finds, or has probable cause to believe, that a drug, device, or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter, or is in violation of section 126.12, the agent shall affix to the article a tag or other appropriate marking, giving notice that the article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by an authorized agent or the court. It is unlawful for a person to remove or dispose of the detained or embargoed article by sale or otherwise without such permission.   2. When an article is adulterated or misbranded or is in violation of section 126.12 and has been detained or embargoed, a petition may be filed with the district court in whose jurisdiction the article is located, detained, or embargoed for an order for condemnation of the article. If a duly authorized agent has found that an article which is embargoed or detained is not adulterated or misbranded, the agent shall remove the tag or other marking.   3. If the court finds that a sampled, detained, or embargoed article is adulterated or misbranded, the article shall be destroyed at the expense of the claimant of the article, under the supervision of the agent, and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of the article or the claimants agent; but if the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after costs, fees, storage, and other expenses have been paid and a good and sufficient bond, conditioned that the article shall be so labeled or processed, has been executed, may by order direct that the article be delivered to the claimant for such labeling or processing under the supervision of a duly authorized agent of the board. The expense of supervision shall be paid by the claimant. The article shall be returned to the claimant and the bond shall be discharged on the representation to the court by the board that the article is no longer in violation of this chapter, and that the expenses of supervision have been paid.  89 Acts, ch 197, 6  CS89, 203B.6  C93, 126.6  Referred to in 126.3 
126.7 Prosecutions.   The attorney general, or a county attorney, or a city attorney to whom the board reports a violation of this chapter, shall cause appropriate court proceedings to be instituted without delay and to be prosecuted in the manner required by law. Before a violation of this chapter is reported to any such attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present the persons views before the board or its agent, either orally or in writing, in person or by attorney, with regard to the contemplated proceeding. However, the drug, device, or cosmetic shall be embargoed by the duly authorized agent.  89 Acts, ch 197, 7  CS89, 203B.7  C93, 126.7  Referred to in 331.756(36) 
126.8 Minor violations.   This chapter does not require the board to report minor violations for prosecution, or for the institution of proceedings under this chapter, if the board believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.  89 Acts, ch 197, 8  CS89, 203B.8  C93, 126.8 
126.9 Drugs and devices  adulteration.   A drug or device is adulterated under any of the following circumstances:   1. a. If it consists in whole or in part of any filthy, putrid, or decomposed substance.   b. If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health.   c. If it is a drug and the methods used in, or the facilities or controls used for its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to assure that the drug meets the requirements of this chapter as to safety and has the identity and strength, and meets the quality and purity characteristics, which it purports or is represented to possess.   d. If its container is composed, in whole or part, of any poisonous or deleterious substance which may render the contents injurious to health.   2. If it purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standards set forth in the official compendium. A determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in the official compendium, or in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal Act. A drug defined in an official compendium is not adulterated under this subsection because it differs from the standard of strength, quality, or purity set forth in the official compendium, if its difference in strength, quality, or purity from such standards is plainly stated on its label. If a drug is recognized in both the United States Pharmacopoeia National Formulary and the Homeopathic Pharmacopoeia of the United States it is subject to the United States Pharmacopoeia National Formulary unless it is labeled and offered for sale as a homeopathic drug, in which case it is subject to the Homeopathic Pharmacopoeia of the United States and not to the United States Pharmacopoeia National Formulary.   3. If it is not subject to subsection 2 and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess.   4. If it is a drug and any substance has been mixed or packed with it so as to reduce its quality or strength, or any substance has been substituted for it wholly or in part.   5. If it is, or purports to be or is represented as, a device which is subject to a performance standard established under section 514 of the federal Act, unless the device is in all respects in conformity with such standard.   6. If it is a device banned by the board or by the United States food and drug administration.   7. If it is a device and the methods used in, or the facilities or controls used for its manufacture, packing, storage, or installation are not in conformity with applicable requirements under section 520(f)(1) of the federal Act or an applicable condition as prescribed by an order under section 520(f)(2) of the federal Act.   8. If it is a device for which an exemption has been granted under section 520(g) of the federal Act for investigational use and the person who was granted the exemption or any investigator who uses the device under the exemption fails to comply with a requirement prescribed by or under that section.  89 Acts, ch 197, 9  CS89, 203B.9  C93, 126.9 
135.1 Definitions.   For the purposes of chapter 155 and Title IV, subtitle 2, excluding chapter 146, unless otherwise defined:   1. Director shall mean the director of public health.   2. Health officer means the physician, physician assistant, advanced registered nurse practitioner, or advanced practice registered nurse who is the health officer of the local board of health.   3. Local board shall mean the local board of health.   4. Physician means a person licensed to practice medicine and surgery, osteopathic medicine and surgery, chiropractic, podiatry, or optometry under the laws of this state; but a person licensed as a physician and surgeon shall be designated as a physician or surgeon, a person licensed as an osteopathic physician and surgeon shall be designated as an osteopathic physician or osteopathic surgeon, a person licensed as a chiropractor shall be designated as a chiropractor, a person licensed as a podiatrist shall be designated as a podiatric physician, and a person licensed as an optometrist shall be designated as an optometrist. A definition or designation contained in this subsection shall not be interpreted to expand the scope of practice of such licensees.   5. Rules shall include regulations and orders.   6. State department or department shall mean the Iowa department of public health.  [S13, 2583-b; C24, 27, 31, 35, 39, 2181; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.1]  86 Acts, ch 1245, 1101; 88 Acts, ch 1199, 1; 94 Acts, ch 1023, 10; 95 Acts, ch 108, 2; 96 Acts, ch 1036, 1; 96 Acts, ch 1212, 15; 2008 Acts, ch 1058, 14; 2008 Acts, ch 1084, 10; 2008 Acts, ch 1088, 141; 2009 Acts, ch 133, 30; 2012 Acts, ch 1113, 16; 2020 Acts, ch 1083, 1  Referred to in 135C.1, 144.26, 514.21 
135.10 Office.   The department shall be located at the seat of government.  [C97, 2564; S13, 2564; C24, 27, 31, 35, 39, 2190; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.10] 
135.100 Definitions.   For the purposes of this subchapter, unless the context otherwise requires:   1. Department means the Iowa department of public health.   2. Local board means the local board of health.  87 Acts, ch 55, 1; 2019 Acts, ch 24, 104 
135.101 Childhood lead poisoning prevention program.   There is established a childhood lead poisoning prevention program within the Iowa department of public health. The department shall implement and review programs necessary to eliminate potentially dangerous toxic lead levels in children in Iowa in a year for which funds are appropriated to the department for this purpose.  87 Acts, ch 55, 2; 99 Acts, ch 141, 5 
135.102 Rules.   The department shall adopt rules, pursuant to chapter 17A, regarding the:   1. Implementation of the grant program pursuant to section 135.103.   2. Maintenance of laboratory facilities for the childhood lead poisoning prevention program.   3. Maximum blood lead levels in children living in targeted rental dwelling units.   4. Standards and program requirements of the grant program pursuant to section 135.103.   5. Prioritization of proposed childhood lead poisoning prevention programs, based on the geographic areas known with children identified with elevated blood lead level resulting from surveys completed by the department.   6. Model regulations for lead hazard remediation to be used in instances in which a child is confirmed as lead poisoned. The department shall make the model regulations available to local boards of health and shall promote the adoption of the regulations at the local level, in cities and counties implementing lead hazard remediation programs. Nothing in this subsection shall be construed as requiring the adoption of the model regulations.   7. Implementation of a requirement that children receive a blood lead test prior to the age of six and before enrolling in any elementary school in Iowa in accordance with section 135.105D.  87 Acts, ch 55, 3; 99 Acts, ch 141, 6; 2001 Acts, ch 182, 9; 2007 Acts, ch 79, 1  Referred to in 135.105D 
135.103 Grant program.   The department shall implement a childhood lead poisoning prevention grant program which provides federal, state, or other funds to local boards of health or cities for the program after standards and requirements for the local program are developed. The department may also use federal, state, or other funds provided for the childhood lead poisoning prevention grant program to purchase environmental and blood testing services from a public health laboratory.  87 Acts, ch 55, 4; 91 Acts, ch 268, 307; 99 Acts, ch 141, 7; 2004 Acts, ch 1168, 2  Referred to in 135.102, 135.105 
135.104 Requirements.   The program by a local board of health or city receiving funding for an approved childhood lead poisoning prevention grant program shall include:   1. A public education program about lead poisoning and dangers of lead poisoning to children.   2. An effective outreach effort to ensure availability of services in the predicted geographic area.   3. A screening program for children, with emphasis on children less than six years of age.   4. Access to laboratory services for lead analysis.   5. A program of referral of identified children for assessment and treatment.   6. An environmental assessment of suspect dwelling units.   7. Surveillance to ensure correction of the identified hazardous settings.   8. A plan of intent to continue the program on a maintenance basis after the grant is discontinued.  87 Acts, ch 55, 5; 99 Acts, ch 141, 8, 9; 2002 Acts, ch 1108, 9; 2004 Acts, ch 1168, 3 
135.105 Department duties.   The department shall:   1. Coordinate the childhood lead poisoning prevention program with the department of natural resources, the university of Iowa poison control program, the mobile and regional child health specialty clinics, and any agency or program known for a direct interest in lead levels in the environment.   2. Survey geographic areas not included in the grant program pursuant to section 135.103 periodically to determine prioritization of such areas for future grant programs.  87 Acts, ch 55, 6; 99 Acts, ch 141, 10; 2012 Acts, ch 1023, 24 
135.105A Lead inspector, lead abater, and lead-safe renovator training and certification program established  civil penalty.   1. The department shall establish a program for the training and certification of lead inspectors, lead abaters, and lead-safe renovators. The department shall maintain a listing, available to the public and to city and county health departments, of lead inspector, lead abater, and lead-safe renovator training programs that have been approved by the department, and of lead inspectors, lead abaters, and lead-safe renovators who have successfully completed the training program and have been certified by the department. A person may be certified as a lead inspector, a lead abater, or a lead-safe renovator, or may be certified to provide two or more of such services. However, a person who holds more than one such certification shall not provide inspection service and also provide abatement service or renovation service at the same site unless a written consent or waiver, following full disclosure by the person, is obtained from the owner or manager of the site.   2. A person who owns real property which includes a residential dwelling and who performs lead inspection, lead abatement, or renovation of the residential dwelling is not required to obtain certification to perform these measures, unless the residential dwelling is occupied by a person other than the owner or a member of the owners immediate family while the measures are being performed. However, the department shall encourage property owners who are not required to be certified to complete the applicable training course to ensure the use of appropriate and safe lead inspection, lead abatement, or lead-safe renovation procedures.   3. Except as otherwise provided in this section, a person shall not perform lead abatement or lead inspections, and shall not perform renovations on target housing or a child-occupied facility, unless the person has completed a training program approved by the department and has obtained certification pursuant to this section. All lead abatement and lead inspections; and lead inspector, lead abater, and lead-safe renovation training programs; and renovations on target housing or a child-occupied facility, shall be performed and conducted in accordance with work practice standards established by the department. A person shall not conduct a training program for lead inspectors, lead abaters, or lead-safe renovators unless the program has been submitted to and approved by the department.   4. A person who violates this section is subject to a civil penalty not to exceed five thousand dollars for each offense.   5. The department shall adopt rules regarding minimum requirements for lead inspector, lead abater, and lead-safe renovator training programs, certification, work practice standards, and suspension and revocation requirements, and shall implement the training and certification programs. Rules adopted pursuant to this subsection shall comply with chapter 272C. The department shall seek federal funding and shall establish fees in amounts sufficient to defray the cost of the programs. The fees shall be used for any of the departments duties under this subchapter, including but not limited to the costs of full-time equivalent positions for program services and investigations. Fees received shall be considered repayment receipts as defined in section 8.2.  96 Acts, ch 1161, 1, 4; 97 Acts, ch 159, 5; 98 Acts, ch 1100, 14; 2004 Acts, ch 1167, 2; 2009 Acts, ch 37, 1; 2010 Acts, ch 1192, 49, 73; 2019 Acts, ch 24, 104; 2020 Acts, ch 1103, 10, 31  Referred to in 135.105C  For definitions, see 135.105C(2) 
135.105B Voluntary guidelines  health and environmental measures  confirmed cases of lead poisoning.   1. The department may develop voluntary guidelines which may be used to develop and administer local programs to address the health and environmental needs of children who are confirmed as lead poisoned.   2. The voluntary guidelines may be based upon existing local ordinances that address the medical case management of childrens health needs and the mitigation of the environmental factors which contributed to the lead poisoning.   3. Following development of the voluntary guidelines, cities or counties may elect to utilize the guidelines in developing and administering local programs through city or county health departments on a city, county, or multicounty basis or may request that the state develop and administer the local program. However, cities and counties are not required to develop and administer local programs based upon the guidelines.  96 Acts, ch 1161, 2, 4 
135.105C Renovation, remodeling, and repainting  lead hazard notification process established.   1. a. A person who performs renovation, remodeling, or repainting services for target housing or a child-occupied facility for compensation shall provide an approved lead hazard information pamphlet to the owner and occupant of the housing or facility prior to commencing the services. The department shall adopt rules to implement the renovation, remodeling, and repainting lead hazard notification process under this section.   b. The rules shall include but are not limited to an authorization that the lead hazard notification to parents or guardians of the children attending a child-occupied facility may be completed by posting an informational sign and a copy of the approved lead hazard information pamphlet. The rules shall also address requirements for notification of parents or guardians of the children visiting a child-occupied facility when the facility is vacant for an extended period of time.   2. For the purpose of this section and section 135.105A, unless the context otherwise requires:   a. (1) Child-occupied facility means a building, or portion of a building, constructed prior to 1978, that is described by all of the following:   (a) The building is visited on a regular basis by the same child, who is less than six years of age, on at least two different days within any week. For purposes of this paragraph a, a week is a Sunday through Saturday period.   (b) Each days visit by the child lasts at least three hours, and the combined annual visits total at least sixty hours.   (2) A child-occupied facility may include but is not limited to a child care center, preschool, or kindergarten classroom. A child-occupied facility also includes common areas that are routinely used by children who are less than six years of age, such as restrooms and cafeterias, and the exterior walls and adjoining space of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under the age of six years.   b. Target housing means housing constructed prior to 1978 with the exception of housing for the elderly or for persons with disabilities and housing that does not contain a bedroom, unless at least one child, under six years of age, resides or is expected to reside in the housing.   3. A person who violates this section is subject to a civil penalty not to exceed five thousand dollars for each offense.  97 Acts, ch 159, 6, 24; 2000 Acts, ch 1140, 22; 2001 Acts, ch 58, 4; 2009 Acts, ch 37, 2 
135.105D Blood lead testing  provider education  payor of last resort.   1. For purposes of this section:   a. Blood lead testing means taking a capillary or venous sample of blood and sending it to a laboratory to determine the level of lead in the blood.   b. Capillary means a blood sample taken from the finger or heel for lead analysis.   c. Health care provider means a physician who is licensed under chapter 148, or a person who is licensed as a physician assistant under chapter 148C or as an advanced registered nurse practitioner.   d. Venous means a blood sample taken from a vein in the arm for lead analysis.   2. a. A parent or guardian of a child under the age of two is strongly encouraged to have the child tested for elevated blood lead levels by the age of two. Except as provided in paragraph b and subsection 4, a parent or guardian shall provide evidence to the school district elementary attendance center or the accredited nonpublic elementary school in which the parents or guardians child is enrolled that the child was tested for elevated blood lead levels by the age of six according to recommendations provided by the department.   b. The board of directors of each school district and the authorities in charge of each nonpublic school shall, in collaboration with the department, do the following:   (1) Ensure that the parent or guardian of a student enrolled in the school has complied with the requirements of paragraph a.   (2) Provide, if the parent or guardian cannot provide evidence that the child received a blood lead test in accordance with paragraph a, the parent or guardian with community blood lead testing program information, including contact information for the department.   c. Notwithstanding any other provision to the contrary, nothing in this section shall subject a parent, guardian, or legal custodian of a child of compulsory attendance age to any penalties under chapter 299.   3. The board of directors of each school district and the authorities in charge of each nonpublic school shall furnish the department, in the format specified by the department, within sixty days after the start of the school calendar, a list of the children enrolled in kindergarten. The department shall notify the school districts and nonpublic schools of the children who have not met the blood lead testing requirements set forth in this section and shall work with the school districts, nonpublic schools, and the local childhood lead poisoning prevention programs to assure that these children are tested as required by this section.   4. The department may waive the requirements of subsection 2 if the department determines that a child is of very low risk for elevated blood lead levels, or if the childs parent or legal guardian submits an affidavit, signed by the parent or legal guardian, stating that the blood lead testing conflicts with a genuine and sincere religious belief.   5. The department shall provide rules adopted pursuant to section 135.102, subsection 7, to local school boards and the authorities in charge of nonpublic schools.   6. The department shall work with health care provider associations to educate health care providers regarding requirements for testing children who are enrolled in certain federally funded programs and regarding department recommendations for testing other children for lead poisoning.   7. The department shall implement blood lead testing for children under six years of age who are not eligible for the testing services to be paid by a third-party source. The department shall contract with one or more public health laboratories to provide blood lead analysis for such children. The department shall establish by rule the procedures for health care providers to submit samples to the contracted public health laboratories for analysis. The department shall also establish by rule a method to reimburse health care providers for drawing blood samples from such children and the dollar amount that the department will reimburse health care providers for the service. The department shall also establish by rule a method to reimburse health care providers for analyzing blood lead samples using a portable blood lead testing instrument and the dollar amount that the department will reimburse health care providers for the service. Payment for blood lead analysis and drawing blood samples shall be limited to the amount appropriated for the program in a fiscal year.  2006 Acts, ch 1184, 79; 2007 Acts, ch 79, 2, 3; 2007 Acts, ch 215, 88; 2008 Acts, ch 1020, 4  6; 2008 Acts, ch 1088, 87  Referred to in 135.102, 299.4  Nurse licensure, see chapter 152 
135.106 Healthy families programs  HOPES-HFI program.   1. The Iowa department of public health shall establish a healthy opportunities for parents to experience success (HOPES)  healthy families Iowa (HFI) program to provide services to families and children during the prenatal through preschool years. The program shall be designed to do all of the following:   a. Promote optimal child health and development.   b. Improve family coping skills and functioning.   c. Promote positive parenting skills and intrafamilial interaction.   d. Prevent child abuse and neglect and infant mortality and morbidity.   2. The HOPES-HFI program shall be developed by the Iowa department of public health, and may be implemented, in whole or in part, by contracting with a nonprofit child abuse prevention organization, local nonprofit certified home health program or other local nonprofit organizations, and shall include, but is not limited to, all of the following components:   a. Identification of barriers to positive birth outcomes, encouragement of collaboration and cooperation among providers of health care, social and human services, and other services to pregnant women and infants, and encouragement of pregnant women and women of childbearing age to seek health care and other services which promote positive birth outcomes.   b. Provision of community-based home-visiting family support to pregnant women and new parents who are identified through a standardized screening process to be at high risk for problems with successfully parenting their child.   c. Provision by family support workers of individual guidance, information, and access to health care and other services through care coordination and community outreach, including transportation.   d. Provision of systematic screening, prenatally or upon the birth of a child, to identify high-risk families.   e. Interviewing by a HOPES-HFI program worker or hospital social worker of families identified as high risk and encouragement of acceptance of family support services.   f. Provision of services including, but not limited to, home visits, support services, and instruction in child care and development.   g. Individualization of the intensity and scope of services based upon the familys needs, goals, and level of risk.   h. Assistance by a family support worker to participating families in creating a link to a medical home in order to promote preventive health care.   i. Evaluation and reporting on the program, including an evaluation of the programs success in reducing participants risk factors and provision of services and recommendations for changes in or expansion of the program.   j. Provision of continuous follow-up contact with a family served by the program until identified children reach age three or age four in cases of continued high need or until the family attains its individualized goals for health, functioning, and self-sufficiency.   k. Provision or employment of family support workers who have experience as a parent, knowledge of health care services, social and human services, or related community services and have participated in a structured training program.   l. Provision of a training program that meets established standards for the education of family support workers. The structured training program shall include at a minimum the fundamentals of child health and development, dynamics of child abuse and neglect, and principles of effective parenting and parenting education.   m. Provision of crisis child care through utilization of existing child care services to participants in the program.   n. Program criteria shall include a required match of one dollar provided by the organization contracting to deliver services for each two dollars provided by the state grant. This requirement shall not restrict the department from providing unmatched grant funds to communities to plan new or expanded programs for HOPES-HFI. The department shall establish a limit on the amount of administrative costs that can be supported with state funds.   o. Involvement with the community assessment and planning process in the community served by HOPES-HFI programs to enhance collaboration and integration of family support programs.   p. Collaboration, to the greatest extent possible, with other family support programs funded or operated by the state.   q. Utilization of private party, third party, and medical assistance for reimbursement to defray the costs of services provided by the program to the extent possible.   3. It is the intent of the general assembly to provide communities with the discretion and authority to redesign existing local programs and services targeted at and assisting families expecting babies and families with children who are newborn through five years of age. The Iowa department of public health, department of human services, department of education, and other state agencies and programs, as appropriate, shall provide technical assistance and support to communities desiring to redesign their local programs and shall facilitate the consolidation of existing state funding appropriated and made available to the community for family support services. Funds which are consolidated in accordance with this subsection shall be used to support the redesigned service delivery system. In redesigning services, communities are encouraged to implement a single uniform family risk assessment mechanism and shall demonstrate the potential for improved outcomes for children and families. Requests by local communities for the redesigning of services shall be submitted to the Iowa department of public health, department of human services, and department of education, and are subject to the approval of the early childhood Iowa state board in consultation with the departments, based on the practices utilized with early childhood Iowa areas under chapter 256I.   4. It is the intent of the general assembly that priority for family support funding be given to approaches using evidence-based or promising models for family support.  92 Acts, 2nd Ex, ch 1001, 419; 97 Acts, ch 138, 1; 98 Acts, ch 1206, 10; 2004 Acts, ch 1086, 35; 2006 Acts, ch 1157, 15; 2010 Acts, ch 1031, 290; 2011 Acts, ch 129, 84, 156; 2016 Acts, ch 1113, 1  Referred to in 232.69, 256I.13 
135.107 Center for rural health and primary care established  duties.   1. The center for rural health and primary care is established within the department.   2. The center for rural health and primary care shall do all of the following:   a. Provide technical planning assistance to rural communities and counties exploring innovative means of delivering rural health services through community health services assessment, planning, and implementation, including but not limited to hospital conversions, cooperative agreements among hospitals, physician and health practitioner support, recruitment and retention of primary health care providers, public health services, emergency medical services, medical assistance facilities, rural health care clinics, and alternative means which may be included in the long-term community health services assessment and developmental plan. The center for rural health and primary care shall encourage collaborative efforts of the local boards of health, hospital governing boards, and other public and private entities located in rural communities to adopt a long-term community health services assessment and developmental plan pursuant to rules adopted by the department and perform the duties required of the Iowa department of public health in section 135B.33.   b. Provide technical assistance to assist rural communities in improving Medicare reimbursements through the establishment of rural health clinics, defined pursuant to 42 U.S.C. 1395x, and distinct part skilled nursing facility beds.   c. Coordinate services to provide research for the following items:   (1) Examination of the prevalence of rural occupational health injuries in the state.   (2) Assessment of training and continuing education available through local hospitals and others relating to diagnosis and treatment of diseases associated with rural occupational health hazards.   (3) Determination of continuing education support necessary for rural health practitioners to diagnose and treat illnesses caused by exposure to rural occupational health hazards.   (4) Determination of the types of actions that can help prevent agricultural accidents.   (5) Surveillance and reporting of disabilities suffered by persons engaged in agriculture resulting from diseases or injuries, including identifying the amount and severity of agricultural-related injuries and diseases in the state, identifying causal factors associated with agricultural-related injuries and diseases, and indicating the effectiveness of intervention programs designed to reduce injuries and diseases.   d. Cooperate with the center for agricultural health and safety established under section 262.78, the center for health effects of environmental contamination established under section 263.17, and the department of agriculture and land stewardship. The agencies shall coordinate programs to the extent practicable.   e. Administer grants for farm safety education efforts directed to rural families for the purpose of preventing farm-related injuries to children.   3. The center for rural health and primary care shall establish a primary care provider recruitment and retention endeavor, to be known as PRIMECARRE. The endeavor shall include a health care workforce and community support grant program and a primary care provider loan repayment program. The endeavor shall be developed and implemented in a manner to promote and accommodate local creativity in efforts to recruit and retain health care professionals to provide services in the locality. The focus of the endeavor shall be to promote and assist local efforts in developing health care provider recruitment and retention programs. The center for rural health and primary care may enter into an agreement with the college student aid commission for the administration of the centers grant and loan repayment programs.   a. Health care workforce and community support grant program.   (1) The center for rural health and primary care shall adopt rules establishing flexible application processes based upon the departments strategic plan to be used by the center to establish a grant assistance program as provided in this paragraph a, and establishing the criteria to be used in evaluating the applications. Selection criteria shall include a method for prioritizing grant applications based on illustrated efforts to meet the health care provider needs of the locality and surrounding area. Such assistance may be in the form of a forgivable loan, grant, or other nonfinancial assistance as deemed appropriate by the center. An application submitted may contain a commitment of matching funds for the grant assistance. Application may be made for assistance by a single community or group of communities or in response to programs recommended in the strategic plan to address health workforce shortages.   (2) Grants awarded under the program shall be awarded to rural, underserved areas or special populations as identified by the departments strategic plan or evidence-based documentation.   b. Primary care provider loan repayment program.   (1) A primary care provider loan repayment program is established to increase the number of health professionals practicing primary care in federally designated health professional shortage areas of the state. Under the program, loan repayment may be made to a recipient for educational expenses incurred while completing an accredited health education program directly related to obtaining credentials necessary to practice the recipients health profession.   (2) The center for rural health and primary care shall adopt rules relating to the establishment and administration of the primary care provider loan repayment program. Rules adopted pursuant to this paragraph shall provide, at a minimum, for all of the following:   (a) Determination of eligibility requirements and qualifications of an applicant to receive loan repayment under the program, including but not limited to years of obligated service, clinical practice requirements, and residency requirements. One year of obligated service shall be provided by the applicant in exchange for each year of loan repayment, unless federal requirements otherwise require. Loan repayment under the program shall not be approved for a health provider whose license or certification is restricted by a medical regulatory authority of any jurisdiction of the United States, other nations, or territories.   (b) Identification of federally designated health professional shortage areas of the state and prioritization of such areas according to need.   (c) Determination of the amount and duration of the loan repayment an applicant may receive, giving consideration to the availability of funds under the program, and the applicants outstanding educational loans and professional credentials.   (d) Determination of the conditions of loan repayment applicable to an applicant.   (e) Enforcement of the states rights under a loan repayment program contract, including the commencement of any court action.   (f) Cancellation of a loan repayment program contract for reasonable cause unless federal requirements otherwise require.   (g) Participation in federal programs supporting repayment of loans of health care providers and acceptance of gifts, grants, and other aid or amounts from any person, association, foundation, trust, corporation, governmental agency, or other entity for the purposes of the program.   (h) Upon availability of state funds, determination of eligibility criteria and qualifications for participating communities and applicants not located in federally designated shortage areas.   (i) Other rules as necessary.   4. a. Eligibility under any of the programs established under the primary care provider recruitment and retention endeavor shall be based upon a community health services assessment completed under subsection 2, paragraph a. Participation in a community health services assessment process shall be documented by the community or region.   b. Assistance under this subsection shall not be granted until such time as the community or region making application has completed a community health services assessment and adopted a long-term community health services assessment and developmental plan. In addition to any other requirements, an applicants plan shall include, to the extent possible, a clear commitment to informing high school students of the health care opportunities which may be available to such students.   c. The center for rural health and primary care shall seek additional assistance and resources from other state departments and agencies, federal agencies and grant programs, private organizations, and any other person, as appropriate. The center is authorized and directed to accept on behalf of the state any grant or contribution, federal or otherwise, made to assist in meeting the cost of carrying out the purpose of this subsection. All federal grants to and the federal receipts of the center are appropriated for the purpose set forth in such federal grants or receipts. Funds appropriated by the general assembly to the center for implementation of this subsection shall first be used for securing any available federal funds requiring a state match, with remaining funds being used for the health care workforce and community support grant program.   d. The center for rural health and primary care may, to further the purposes of this subsection, provide financial assistance in the form of grants to support the effort of a community which is clearly part of the communitys long-term community health services assessment and developmental plan. Efforts for which such grants may be awarded include but are not limited to the procurement of clinical equipment, clinical facilities, and telecommunications facilities, and the support of locum tenens arrangements and primary care provider mentor programs.  89 Acts, ch 304, 702; 90 Acts, ch 1207, 1, 2; 90 Acts, ch 1223, 18  C93, 135.13  94 Acts, ch 1168, 2  C95, 135.107  95 Acts, ch 67, 10; 96 Acts, ch 1128, 2, 3; 97 Acts, ch 23, 14; 97 Acts, ch 203, 14; 98 Acts, ch 1100, 15; 2000 Acts, ch 1058, 16, 17; 2000 Acts, ch 1140, 23  25; 2000 Acts, ch 1223, 20, 21; 2005 Acts, ch 89, 5; 2009 Acts, ch 41, 41; 2010 Acts, ch 1031, 396; 2010 Acts, ch 1061, 26; 2017 Acts, ch 148, 13  15; 2019 Acts, ch 85, 70  Referred to in 262.78, 263.17  Legislative findings;  94 Acts, ch 1168, 1 
135.108 Definitions.   As used in this subchapter, unless the context otherwise requires:   1. Department means the Iowa department of public health.   2. Director means the director of public health.   3. Domestic abuse death means a homicide or suicide that involves or is a result of an assault as defined in section 708.1 and to which any of the following circumstances apply to the parties involved:   a. The alleged or convicted perpetrator is related to the decedent as spouse, separated spouse, or former spouse.   b. The alleged or convicted perpetrator resided with the decedent at the time of the assault that resulted in the homicide or suicide.   c. The alleged or convicted perpetrator and the decedent resided together in the past but did not reside together at the time of the assault that resulted in the homicide or suicide.   d. The alleged or convicted perpetrator and decedent are parents of the same minor child, whether they were married or lived together at any time.   e. The alleged or convicted perpetrator was in an ongoing personal relationship with the decedent.   f. The alleged or convicted perpetrator was arrested for or convicted of stalking or harassing the decedent, or an order or court-approved agreement was entered against the perpetrator under chapter 232, 236, 598, or 915 to restrict contact by the perpetrator with the decedent.   g. The decedent was related by blood or affinity to an individual who lived in the same household with or was in the workplace or proximity of the decedent, and that individual was threatened with assault by the perpetrator.   4. Team means the domestic abuse death review team established in section 135.109.  2000 Acts, ch 1136, 1; 2019 Acts, ch 24, 104  Referred to in 135.112 
135.109 Iowa domestic abuse death review team membership.   1. An Iowa domestic abuse death review team is established as an independent agency of state government.   2. The department shall provide staffing and administrative support to the team.   3. The team shall include the following members:   a. The state medical examiner or the state medical examiners designee.   b. A licensed physician or nurse who is knowledgeable concerning domestic abuse injuries and deaths, including suicides.   c. A licensed mental health professional who is knowledgeable concerning domestic abuse.   d. A representative or designee of the Iowa coalition against domestic violence.   e. A certified or licensed professional who is knowledgeable concerning substance abuse.   f. A law enforcement official who is knowledgeable concerning domestic abuse.   g. A law enforcement investigator experienced in domestic abuse investigation.   h. An attorney experienced in prosecuting domestic abuse cases.   i. A judicial officer appointed by the chief justice of the supreme court.   j. A clerk of the district court appointed by the chief justice of the supreme court.   k. An employee or subcontractor of the department of corrections who is a trained batterers education program facilitator.   l. An attorney licensed in this state who provides criminal defense assistance or child custody representation, and who has experience in dissolution of marriage proceedings.   m. Both a female and a male victim of domestic abuse.   n. A family member of a decedent whose death resulted from domestic abuse.   4. The following individuals shall each designate a liaison to assist the team in fulfilling the teams duties:   a. The attorney general.   b. The director of the Iowa department of corrections.   c. The director of public health.   d. The director of human services.   e. The commissioner of public safety.   f. The administrator of the bureau of vital records of the Iowa department of public health.   g. The director of the department of education.   h. The state court administrator.   i. The director of the department of human rights.   j. The director of the state law enforcement academy.   5. a. The director of public health, in consultation with the attorney general, shall appoint review team members who are not designated by another appointing authority.   b. A membership vacancy shall be filled in the same manner as the original appointment.   c. The membership of the review team is subject to the provisions of sections 69.16 and 69.16A, relating to political affiliation and gender balance.   d. A member of the team may be reappointed to serve additional terms on the team, subject to the provisions of chapter 69.   6. Membership terms shall be three-year staggered terms.   7. Members of the team are eligible for reimbursement of actual and necessary expenses incurred in the performance of their official duties.   8. Team members and their agents are immune from any liability, civil or criminal, which might otherwise be incurred or imposed as a result of any act, omission, proceeding, decision, or determination undertaken or performed, or recommendation made as a team member or agent provided that the team members or agents acted reasonably and in good faith and without malice in carrying out their official duties in their official capacity. A complainant bears the burden of proof in establishing malice or unreasonableness or lack of good faith in an action brought against team members involving the performance of their duties and powers.  2000 Acts, ch 1136, 2; 2006 Acts, ch 1184, 80, 81  Referred to in 135.108, 135.112, 216A.133 
135.11 Duties of department.   The director of public health shall be the head of the Iowa Department of Public Health, which shall:   1. Exercise general supervision over the public health, promote public hygiene and sanitation, prevent substance abuse and unless otherwise provided, enforce the laws relating to the same.   2. Conduct campaigns for the education of the people in hygiene and sanitation.   3. Issue monthly health bulletins containing fundamental health principles and other health data deemed of public interest.   4. Make investigations and surveys in respect to the causes of disease and epidemics, and the effect of locality, employment, and living conditions upon the public health. For this purpose the department may use the services of the experts connected with the state hygienic laboratory at the state university of Iowa.   5. Establish stations throughout the state for the distribution of antitoxins and vaccines to physicians, druggists, and other persons, at cost. All antitoxin and vaccine thus distributed shall be labeled Iowa Department of Public Health.   6. Exercise general supervision over the administration and enforcement of the sexually transmitted diseases and infections law, chapter 139A, subchapter II.   7. Exercise sole jurisdiction over the disposal and transportation of the dead bodies of human beings and prescribe the methods to be used in preparing such bodies for disposal and transportation. However, the department may approve a request for an exception to the application of specific embalming and disposition rules adopted pursuant to this subsection if such rules would otherwise conflict with tenets and practices of a recognized religious denomination to which the deceased individual adhered or of which denomination the deceased individual was a member. The department shall inform the board of mortuary science of any such approved exception which may affect services provided by a funeral director licensed pursuant to chapter 156.   8. Establish, publish, and enforce rules which require companies, corporations, and other entities to obtain a permit from the department prior to scattering cremated human remains.   9. Exercise general supervision over the administration and enforcement of the vital statistics law, chapter 144.   10. Enforce the law relative to chapter 146 and Health-related Professions, Title IV, subtitle 3, excluding chapter 155.   11. Establish and maintain divisions as are necessary for the proper enforcement of the laws administered by the department.   12. Establish, publish, and enforce rules not inconsistent with law for the enforcement of the provisions of chapters 125 and 155, and Title IV, subtitle 2, excluding chapter 146 and for the enforcement of the various laws, the administration and supervision of which are imposed upon the department.   13. Administer healthy aging and essential public health services by approving grants of state funds to the local boards of health for the purposes of promoting healthy aging throughout the lifespan and enhancing health promotion and disease prevention services, and by providing guidelines for the approval of the grants and allocation of the state funds. Guidelines, evaluation requirements and formula allocation procedures for the services shall be established by the department by rule.   14. Administer chapters 125, 136A, 136C, 139A, 142, 142A, 144, and 147A.   15. Issue an annual report to the governor as provided in section 7E.3, subsection 4.   16. Consult with the office of statewide clinical education programs at the university of Iowa college of medicine and annually submit a report to the general assembly by January 15 verifying the number of physicians in active practice in Iowa by county who are engaged in providing obstetrical care. To the extent data are readily available, the report shall include information concerning the number of deliveries per year by specialty and county, the age of physicians performing deliveries, and the number of current year graduates of the university of Iowa college of medicine and the Des Moines university  osteopathic medical center entering into residency programs in obstetrics, gynecology, and family practice. The report may include additional data relating to access to obstetrical services that may be available.   17. Administer the statewide maternal and child health program and the program for children with disabilities by conducting mobile and regional child health specialty clinics and conducting other activities to improve the health of low-income women and children and to promote the welfare of children with actual or potential conditions which may cause disabilities and children with chronic illnesses in accordance with the requirements of Tit. V of the federal Social Security Act. The department shall provide technical assistance to encourage the coordination and collaboration of state agencies in developing outreach centers which provide publicly supported services for pregnant women, infants, and children. The department shall also, through cooperation and collaborative agreements with the department of human services and the mobile and regional child health specialty clinics, establish common intake proceedings for maternal and child health services. The department shall work in cooperation with the legislative services agency in monitoring the effectiveness of the maternal and child health centers, including the provision of transportation for patient appointments and the keeping of scheduled appointments.   18. Establish, publish, and enforce rules requiring prompt reporting of methemoglobinemia, pesticide poisoning, and the reportable poisonings and illnesses established pursuant to section 139A.21.   19. Collect and maintain reports of pesticide poisonings and other poisonings, illnesses, or injuries caused by selected chemical or physical agents, including methemoglobinemia and pesticide and fertilizer hypersensitivity; and compile and publish, annually, a statewide and county-by-county profile based on the reports.   20. Adopt rules which require personnel of a licensed hospice, of a homemaker-home health aide provider agency which receives state homemaker-home health aide funds, or of an agency which provides respite care services and receives funds to complete training concerning blood-borne pathogens, including human immunodeficiency virus and viral hepatitis, consistent with standards from the federal occupational safety and health administration.   21. Adopt rules which require all emergency medical services personnel, fire fighters, and law enforcement personnel to complete training concerning blood-borne pathogens, including human immunodeficiency virus and viral hepatitis, consistent with standards from the federal occupational safety and health administration.   22. Adopt rules which provide for the testing of a convicted or alleged offender for the human immunodeficiency virus pursuant to sections 915.40 through 915.43. The rules shall provide for the provision of counseling, health care, and support services to the victim.   23. Establish ad hoc and advisory committees to the director in areas where technical expertise is not otherwise readily available. Members may be compensated for their actual and necessary expenses incurred in the performance of their duties. To encourage health consumer participation, public members may also receive a per diem as specified in section 7E.6 if funds are available and the per diem is determined to be appropriate by the director. Expense moneys paid to the members shall be paid from funds appropriated to the department. A majority of the members of such a committee constitutes a quorum.   24. Administer annual grants to county boards of health for the purpose of conducting programs for the testing of private water supply wells, the closing of abandoned private water supply wells, and the renovation or rehabilitation of private water supply wells. Grants shall be funded through moneys transferred to the department from the agriculture management account of the groundwater protection fund pursuant to section 455E.11, subsection 2, paragraph b, subparagraph (2), subparagraph division (b). The department shall adopt rules relating to the awarding of the grants.   25. Establish and administer, if sufficient funds are available to the department, a program to assess and forecast health workforce supply and demand in the state for the purpose of identifying current and projected workforce needs. The program may collect, analyze, and report data that furthers the purpose of the program. The program shall not release information that permits identification of individual respondents of program surveys.   26. In consultation with the advisory committee for perinatal guidelines, develop and maintain the statewide perinatal program based on the recommendations of the American academy of pediatrics and the American college of obstetricians and gynecologists contained in the most recent edition of the guidelines for perinatal care, and shall adopt rules in accordance with chapter 17A to implement those recommendations. Hospitals within the state shall determine whether to participate in the statewide perinatal program, and select the hospitals level of participation in the program. A hospital having determined to participate in the program shall comply with the guidelines appropriate to the level of participation selected by the hospital. Perinatal program surveys and reports are privileged and confidential and are not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other than the affected hospital, and are not admissible in evidence in a judicial or administrative proceeding other than a proceeding involving verification of the participating hospital under this subsection.   27. In consultation with the department of corrections, the antibiotic resistance task force, and the American federation of state, county and municipal employees, develop educational programs to increase awareness and utilization of infection control practices in institutions listed in section 904.102.   28. Administer the Iowa youth survey, in collaboration with other state agencies, as appropriate, every two years to students in grades six, eight, and eleven in Iowas public and nonpublic schools. Survey data shall be evaluated and reported, with aggregate data available online at the Iowa youth survey internet site.  1. [C97, 2565; C24, 27, 31, 35, 39, 2191; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.11(1)]  2, 3. [C24, 27, 31, 35, 39, 2191; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.11(2, 3)]  4. [C97, 2565; C24, 27, 31, 35, 39, 2191; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.11(4)]  5, 6. [C24, 27, 31, 35, 39, 2191; C46, 50, 54, 58, 62, 66, 71, 135.11(8, 9); C73, 75, 77, 79, 81, 135.11(7, 8)]  7. [S13, 2572-a, -b, -c; C24, 27, 31, 35, 39, 2191; C46, 50, 54, 58, 62, 66, 71, 135.11(11); C73, 135.11(10); C75, 77, 79, 81, 135.11(9)]  8. [C24, 27, 31, 35, 39, 2191; C46, 50, 54, 58, 62, 66, 71, 135.11(12); C73, 135.11(11); C75, 77, 79, 81, 135.11(10)]  9. [S13, 2575-a42; C24, 27, 31, 35, 39, 2191; C46, 50, 54, 58, 62, 66, 71, 135.11(13); C73, 135.11(12); C75, 77, 79, 81, 135.11(11)]  10. [C97, 2565; C24, 27, 31, 35, 39, 2191; C46, 50, 54, 58, 62, 66, 71, 135.11(14); C73, 135.11(13); C75, 77, 79, 81, 135.11(12)]  11, 12. [C24, 27, 31, 35, 39, 2191; C46, 50, 54, 58, 62, 66, 71, 135.11(15, 16); C73, 135.11(14, 15); C75, 77, 79, 81, 135.11(13, 14)]  13. [C97, 2565; C24, 27, 31, 35, 39, 2191; C46, 50, 54, 58, 62, 66, 71, 135.11(17); C73, 135.11(16); C75, 77, 79, 81, 135.11(15)]  14. [C75, 77, 79, 81, 135.11(16)]  15. [82 Acts, ch 1260, 55]  83 Acts, ch 27, 7; 86 Acts, ch 1245, 1104; 87 Acts, ch 8, 2; 87 Acts, ch 115, 22; 87 Acts, ch 225, 202; 88 Acts, ch 1224, 12; 89 Acts, ch 304, 103; 90 Acts, ch 1259, 10; 91 Acts, ch 258, 29; 93 Acts, ch 140, 4; 94 Acts, ch 1023, 11; 94 Acts, ch 1132, 9; 96 Acts, ch 1036, 2; 96 Acts, ch 1128, 1; 96 Acts, ch 1129, 23; 97 Acts, ch 23, 13; 97 Acts, ch 197, 1; 98 Acts, ch 1053, 1; 98 Acts, ch 1087, 1; 98 Acts, ch 1090, 60, 84; 98 Acts, ch 1221, 12; 99 Acts, ch 141, 2; 2000 Acts, ch 1058, 14; 2000 Acts, ch 1066, 37; 2000 Acts, ch 1223, 18; 2001 Acts, ch 58, 3; 2001 Acts, ch 122, 1; 2001 Acts, ch 184, 6  ; 2001 Acts, 2nd Ex, ch 1, 25, 28  ; 2002 Acts, ch 1108, 7; 2003 Acts, ch 33, 8, 11; 2003 Acts, ch 35, 45, 49; 2003 Acts, ch 44, 36; 2004 Acts, ch 1167, 1; 2005 Acts, ch 89, 2, 3; 2007 Acts, ch 10, 18; 2007 Acts, ch 159, 17; 2008 Acts, ch 1058, 1, 2, 15; 2008 Acts, ch 1084, 11; 2008 Acts, ch 1088, 83; 2008 Acts, ch 1180, 20; 2009 Acts, ch 41, 263; 2009 Acts, ch 151, 30; 2010 Acts, ch 1088, 4  6; 2011 Acts, ch 63, 33; 2012 Acts, ch 1113, 22; 2013 Acts, ch 129, 49; 2014 Acts, ch 1106, 1; 2017 Acts, ch 148, 2, 20; 2018 Acts, ch 1041, 127; 2019 Acts, ch 91, 1  Referred to in 231B.4, 237.3, 455E.11  Laboratory tests, 263.7, 263.8  Requirement for department to collaborate with Iowa Medicaid enterprise and child health speciality clinics to integrate initiative for first five years of a childs life with various integrated care models;  2013 Acts, ch 138, 3, 133  ;  2014 Acts, ch 1140, 3  ; 2015 Acts, ch 137, 3, 123; 2016 Acts, ch 1139, 3; 2017 Acts, ch 174, 3, 42; 2018 Acts, ch 1165, 6; 2019 Acts, ch 85, 3; 2020 Acts, ch 1121, 1; 2021 Acts, ch 182, 3 
135.110 Iowa domestic abuse death review team powers and duties.   1. The review team shall perform the following duties:   a. Prepare a biennial report for the governor, supreme court, attorney general, and the general assembly concerning the following subjects:   (1) The causes and manner of domestic abuse deaths, including an analysis of factual information obtained through review of domestic abuse death certificates and domestic abuse death data, including patient records and other pertinent confidential and public information concerning domestic abuse deaths.   (2) The contributing factors of domestic abuse deaths.   (3) Recommendations regarding the prevention of future domestic abuse deaths, including actions to be taken by communities, based on an analysis of these contributing factors.   b. Advise and consult the agencies represented on the team and other state agencies regarding program and regulatory changes that may prevent domestic abuse deaths.   c. Develop protocols for domestic abuse death investigations and team review.   2. In performing duties pursuant to subsection 1, the review team shall review the relationship between the decedent victim and the alleged or convicted perpetrator from the point where the abuse allegedly began, until the domestic abuse death occurred, and shall review all relevant documents pertaining to the relationship between the parties, including but not limited to protective orders and dissolution, custody, and support agreements and related court records, in order to ascertain whether a correlation exists between certain events in the relationship and any escalation of abuse, and whether patterns can be established regarding such events in relation to domestic abuse deaths in general. The review team shall consider such conclusions in making recommendations pursuant to subsection 1.   3. The team shall meet upon the call of the chairperson, upon the request of a state agency, or as determined by a majority of the team.   4. The team shall annually elect a chairperson and other officers as deemed necessary by the team.   5. The team may establish committees or panels to whom the team may assign some or all of the teams responsibilities.   6. Members of the team who are currently practicing attorneys or current employees of the judicial branch of state government shall not participate in the following:   a. An investigation by the team that involves a case in which the team member is presently involved in the members professional capacity.   b. Development of protocols by the team for domestic abuse death investigations and team review.   c. Development of regulatory changes related to domestic abuse deaths.  2000 Acts, ch 1136, 3; 2000 Acts, ch 1232, 48; 2002 Acts, ch 1119, 131; 2006 Acts, ch 1184, 82  Referred to in 135.112 
135.111 Confidentiality of domestic abuse death records.   1. A person in possession or control of medical, investigative, or other information pertaining to a domestic abuse death and related incidents and events preceding the domestic abuse death, shall allow for the inspection and review of written or photographic information related to the death, whether the information is confidential or public in nature, by the department upon the request of the department and the team, to be used only in the administration and for the official duties of the team. Information and records produced under this section that are confidential under the law of this state or under federal law, or because of any legally recognized privilege, and information or records received from the confidential records, remain confidential under this section.   2. A person does not incur legal liability by reason of releasing information to the department as required under and in compliance with this section.   3. A person who releases or discloses confidential data, records, or any other type of information in violation of this section is guilty of a serious misdemeanor.  2000 Acts, ch 1136, 4  Referred to in 135.112 
135.112 Rulemaking.   The department shall adopt rules pursuant to chapter 17A relating to the administration of the domestic abuse death review team and sections 135.108 through 135.111.  2000 Acts, ch 1136, 5 
135.118 Child protection center grant program.   1. A child protection center grant program is established in the Iowa department of public health in accordance with this section. The director of public health shall establish requirements for the grant program and shall award grants. A grant may be used for establishment of a new center or for support of an existing center.   2. The eligibility requirements for a child protection center grant shall include but are not limited to all of the following:   a. A grantee must meet or be in the process of meeting the standards established by the national childrens alliance for childrens advocacy centers.   b. A grantee must have in place an interagency memorandum of understanding regarding participation in the operation of the center and for coordinating the activities of the government entities that respond to cases of child abuse in order to facilitate the appropriate disposition of child abuse cases through the juvenile and criminal justice systems. Agencies participating under the memorandum must include the following that are operating in the area served by the grantee:   (1) Department of human services county offices assigned to child protection.   (2) County and municipal law enforcement agencies.   (3) Office of the county attorney.   (4) Other government agencies involved with child abuse assessments or service provision.   c. The interagency memorandum must provide for a cooperative team approach to responding to child abuse, reducing the number of interviews required of a victim of child abuse, and establishing an approach that emphasizes the best interest of the child and that provides investigation, assessment, and rehabilitative services.   d. As necessary to address serious cases of child abuse such as those involving sexual abuse, serious physical abuse, and substance abuse, a grantee must be able to involve or consult with persons from various professional disciplines who have training and expertise in addressing special types of child abuse. These persons may include but are not limited to physicians and other health care professionals, mental health professionals, social workers, child protection workers, attorneys, juvenile court officers, public health workers, child development experts, child educators, and child advocates.   3. The director shall create a committee to consider grant proposals and to make grant recommendations to the director. The committee membership may include but is not limited to representatives of the following: departments of human services, justice, and public health, Iowa medical society, Iowa hospital association, Iowa nurses association, and an association representing social workers.   4. Implementation of the grant program is subject to the availability of funding for the grant program.  2001 Acts, ch 166, 1 
135.119 Shaken baby syndrome prevention program.   1. For the purposes of this section:   a. Birth center and birthing hospital mean the same as defined in section 135.131.   b. Child care provider means the same as a child care facility, as defined in section 237A.1, that is providing child care to a child who is newborn through age three.   c. Family support program means a program offering instruction and support for families in which home visitation is the primary service delivery mechanism.   d. Parent means the same as custodian, guardian, or parent, as defined in section 232.2, of a child who is newborn through age three.   e. Person responsible for the care of a child means the same as defined in section 232.68, except that it is limited to persons responsible for the care of a child who is newborn through age three.   f. Shaken baby syndrome means the collection of signs and symptoms resulting from the vigorous shaking of a child who is three years of age or younger. Shaken baby syndrome may result in bleeding inside the childs head and may cause one or more of the following conditions: irreversible brain damage; blindness, retinal hemorrhage, or eye damage; cerebral palsy; hearing loss; spinal cord injury, including paralysis; seizures; learning disability; central nervous system injury; closed head injury; rib fracture; subdural hematoma; or death. Shaken baby syndrome also includes the symptoms included in the diagnosis code for shaken infant syndrome utilized by Iowa hospitals.   2. a. The department shall establish a statewide shaken baby syndrome prevention program to educate parents and persons responsible for the care of a child about the dangers to children three years of age or younger caused by shaken baby syndrome and to discuss ways to reduce the syndromes risks. The program plan shall allow for voluntary participation by parents and persons responsible for the care of a child.   b. The program plan shall describe strategies for preventing shaken baby syndrome by providing education and support to parents and persons responsible for the care of a child and shall identify multimedia resources, written materials, and other resources that can assist in providing the education and support.   c. The department shall consult with experts with experience in child abuse prevention, child health, and parent education in developing the program plan.   d. The program plan shall incorporate a multiyear, collaborative approach for implementation of the plan. The plan shall address how to involve those who regularly work with parents and persons responsible for the care of a child, including but not limited to child abuse prevention programs, child care resource and referral programs, child care providers, family support programs, programs receiving funding through the early childhood Iowa initiative, public and private schools, health care providers, local health departments, birth centers, and birthing hospitals.   e. The program plan shall identify the methodology to be used for improving the tracking of shaken baby syndrome incidents and for evaluating the effectiveness of the plans education and support efforts.   f. The program plan shall describe how program results will be reported.   g. The program plan may provide for implementation of the program through a contract with a private agency or organization experienced in furnishing the services set forth in the program plan.   3. The department shall implement the program plan to the extent of the amount appropriated or made available for the program for a fiscal year.  2009 Acts, ch 7, 1; 2010 Acts, ch 1031, 291 
135.11A Professional licensure division  other licensing boards  expenses  fees.   1. There shall be a professional licensure division within the department of public health. Each board under chapter 147 or under the administrative authority of the department, except the board of nursing, board of medicine, dental board, and board of pharmacy, shall receive administrative and clerical support from the division and may not employ its own support staff for administrative and clerical duties. The executive director of the board of nursing, board of medicine, dental board, and board of pharmacy shall be appointed pursuant to section 135.11B.   2. The professional licensure division and the licensing boards may expend funds in addition to amounts budgeted, if those additional expenditures are directly the result of actual examination and exceed funds budgeted for examinations. Before the division or a licensing board expends or encumbers an amount in excess of the funds budgeted for examinations, the director of the department of management shall approve the expenditure or encumbrance. Before approval is given, the department of management shall determine that the examination expenses exceed the funds budgeted by the general assembly to the division or board and the division or board does not have other funds from which examination expenses can be paid. Upon approval of the department of management, the division or licensing board may expend and encumber funds for excess examination expenses. The amounts necessary to fund the excess examination expenses shall be collected as fees from additional examination applicants and shall be treated as repayment receipts as defined in section 8.2.  86 Acts, ch 1245, 1105; 91 Acts, ch 268, 306; 92 Acts, ch 1163, 34; 2007 Acts, ch 10, 19; 2007 Acts, ch 218, 192; 2018 Acts, ch 1041, 127; 2019 Acts, ch 85, 58 
135.11B Appointment of certain executive directors.   1. The director shall appoint and supervise a full-time executive director for each of the following boards:   a. The board of medicine.   b. The board of nursing.   c. The dental board.   d. The board of pharmacy.   2. Each board listed in subsection 1 shall advise the director in evaluating potential candidates for the position of executive director, consult with the director in the hiring of the executive director, and review and advise the director on the performance of the executive director in the discharge of the executive directors duties.   3. Each board listed in subsection 1 shall retain sole discretion and authority to execute the core functions of the board including but not limited to policymaking, advocating for and against legislation, rulemaking, licensing, licensee investigations, licensee disciplinary proceedings, and oversight of professional health programs. The directors supervision of the executive director shall not interfere with the boards discretion and authority in executing the core functions of the board.  2019 Acts, ch 85, 59  Referred to in 135.11A, 147.80, 152.2, 153.33, 153.33B 
135.12 Statutory board, commission, committee, or council of committee  teleconference option.   Any statutorily established board, commission, committee, or council established under the purview of the department shall provide for a teleconference option for board, commission, committee, or council members to participate in official meetings.  2019 Acts, ch 85, 80  Former 135.12 repealed by  2017 Acts, ch 174, 99 
135.120 Taxation of organized delivery systems. Repealed by 2017 Acts, ch 148, 101. 
135.130 Substance abuse treatment facility for persons on probation. Repealed by 2017 Acts, ch 148, 24. 
135.131 Universal newborn and infant hearing screening.   1. For the purposes of this section, unless the context otherwise requires:   a. Birth center means birth center as defined in section 135.61.   b. Birthing hospital means a private or public hospital licensed pursuant to chapter 135B that has a licensed obstetric unit or is licensed to provide obstetric services.   2. All newborns and infants born in this state shall be screened for hearing loss in accordance with this section. The person required to perform the screening shall use at least one of the following procedures:   a. Automated or diagnostic auditory brainstem response.   b. Otoacoustic emissions.   c. Any other technology approved by the department.   3. a. A birthing hospital shall screen every newborn delivered in the hospital for hearing loss prior to discharge of the newborn from the birthing hospital. A birthing hospital that transfers a newborn for acute care prior to completion of the hearing screening shall notify the receiving facility of the status of the hearing screening. The receiving facility shall be responsible for completion of the newborn hearing screening.   b. The birthing hospital or other facility completing the hearing screening under this subsection shall report the results of the screening to the parent or guardian of the newborn and to the department in a manner prescribed by rule of the department. The birthing hospital or other facility shall also report the results of the hearing screening to the primary care provider of the newborn or infant upon discharge from the birthing hospital or other facility. If the newborn or infant was not tested prior to discharge, the birthing hospital or other facility shall report the status of the hearing screening to the primary care provider of the newborn or infant.   4. A birth center shall refer the newborn to a licensed audiologist, physician, or hospital for screening for hearing loss prior to discharge of the newborn from the birth center. The hearing screening shall be completed within thirty days following discharge of the newborn. The person completing the hearing screening shall report the results of the screening to the parent or guardian of the newborn and to the department in a manner prescribed by rule of the department. Such person shall also report the results of the screening to the primary care provider of the newborn.   5. If a newborn is delivered in a location other than a birthing hospital or a birth center, the physician or other health care professional who undertakes the pediatric care of the newborn or infant shall ensure that the hearing screening is performed within three months of the date of the newborns or infants birth. The physician or other health care professional shall report the results of the hearing screening to the parent or guardian of the newborn or infant, to the primary care provider of the newborn or infant, and to the department in a manner prescribed by rule of the department.   6. A birthing hospital, birth center, physician, or other health care professional required to report information under subsection 3, 4, or 5 shall report all of the following information to the department relating to a newborns or infants hearing screening, as applicable:   a. The name, address, and telephone number, if available, of the mother of the newborn or infant.   b. The primary care provider at the time of the newborns or infants discharge from the birthing hospital or birth center.   c. The results of the hearing screening.   d. Any rescreenings and the diagnostic audiological assessment procedures used.   e. Any known risk indicators for hearing loss of the newborn or infant.   f. Other information specified in rules adopted by the department.   7. The department may share information with agencies and persons involved with newborn and infant hearing screenings, follow-up, and intervention services, including the local birth-to-three coordinator or similar agency, the local area education agency, and local health care providers. The department shall adopt rules to protect the confidentiality of the individuals involved.   8. An audiologist who provides services addressed by this section shall conduct diagnostic audiological assessments of newborns and infants in accordance with standards specified in rules adopted by the department. The audiologist shall report all of the following information to the department relating to a newborns or infants hearing, follow-up, diagnostic audiological assessment, and intervention services, as applicable:   a. The name, address, and telephone number, if available, of the mother of the newborn or infant.   b. The results of the hearing screening and any rescreenings, including the diagnostic audiological assessment procedures used.   c. The nature of any follow-up or other intervention services provided to the newborn or infant.   d. Any known risk indicators for hearing loss of the newborn or infant.   e. Other information specified in rules adopted by the department.   9. a. If the results of the newborn hearing screening performed under this section demonstrate that the newborn has hearing loss, the birthing hospital, birth center, physician, or other health care professional required to ensure that the hearing screening is performed on the newborn under this section, shall do all of the following:   (1) Test the newborn or ensure that the newborn is tested for congenital cytomegalovirus before the newborn is twenty-one days of age.   (2) Provide information to the parent of the newborn including information regarding the birth defects caused by congenital cytomegalovirus and early intervention and treatment resources and services available for children diagnosed with congenital cytomegalovirus.   b. This subsection shall not apply if the parent objects to the testing. If a parent objects to the testing, the birthing hospital, birth center, physician, or other health care professional required to test or to ensure that the newborn is tested for congenital cytomegalovirus under this subsection shall obtain a written refusal from the parent, shall document the refusal in the newborns or infants medical record, and shall report the refusal to the department in the manner prescribed by rule of the department.   10. This section shall not apply if the parent objects to the screening. If a parent objects to the screening, the birthing hospital, birth center, physician, or other health care professional required to report information under subsection 3, 4, or 5 to the department shall obtain a written refusal from the parent, shall document the refusal in the newborns or infants medical record, and shall report the refusal to the department in the manner prescribed by rule of the department.   11. A person who acts in good faith in complying with this section shall not be civilly or criminally liable for reporting the information required to be reported by this section.  2003 Acts, ch 102, 1; 2009 Acts, ch 37, 3; 2017 Acts, ch 77, 2  Referred to in 135.119, 135B.18A 
135.132 Interagency pharmaceuticals bulk purchasing council. Repealed by 2017 Acts, ch 148, 26. 
135.14 State public health dental director  duties.   1. The position of state public health dental director is established within the department.   2. The dental director shall perform all of the following duties:   a. Plan and direct all work activities of the statewide public health dental program.   b. Develop comprehensive dental initiatives for prevention activities.   c. Evaluate the effectiveness of the statewide public health dental program and of program personnel.   d. Manage the oral and health delivery systems bureau including direction, supervision, and fiscal management of bureau staff.   e. Other related work as required.  2007 Acts, ch 159, 13; 2021 Acts, ch 76, 28  Subsection 2, paragraph d amended 
135.140 Definitions.   As used in this subchapter, unless the context otherwise requires:   1. Bioterrorism means the intentional use of any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism.   2. Department means the Iowa department of public health.   3. Director means the director of public health or the directors designee.   4. Disaster means disaster as defined in section 29C.2.   5. Division means the division of acute disease prevention and emergency response of the department.   6. Public health disaster means a state of disaster emergency proclaimed by the governor in consultation with the department pursuant to section 29C.6 for a disaster which specifically involves an imminent threat of an illness or health condition that meets any of the following conditions of paragraphs a and b:   a. Is reasonably believed to be caused by any of the following:   (1) Bioterrorism or other act of terrorism.   (2) The appearance of a novel or previously controlled or eradicated infectious agent or biological toxin.   (3) A chemical attack or accidental release.   (4) An intentional or accidental release of radioactive material.   (5) A nuclear or radiological attack or accident.   (6) A natural occurrence or incident, including but not limited to fire, flood, storm, drought, earthquake, tornado, or windstorm.   (7) A man-made occurrence or incident, including but not limited to an attack, spill, or explosion.   b. Poses a high probability of any of the following:   (1) A large number of deaths in the affected population.   (2) A large number of serious or long-term disabilities in the affected population.   (3) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of the affected population.   (4) Short-term or long-term physical or behavioral health consequences to a large number of the affected population.   7. Public health response team means a team of professionals, including licensed health care providers, nonmedical professionals skilled and trained in disaster or emergency response, and public health practitioners, which is sponsored by a hospital or other entity and approved by the department to provide disaster assistance in the event of a disaster or threatened disaster.  2003 Acts, ch 33, 1, 11; 2003 Acts, ch 179, 64; 2005 Acts, ch 89, 6, 7; 2006 Acts, ch 1184, 83; 2009 Acts, ch 37, 4, 5; 2019 Acts, ch 24, 104  Referred to in 29C.6, 135M.1, 135M.3, 135M.4, 137.116, 139A.2 
135.141 Division of acute disease prevention and emergency response  establishment  duties of department.   1. A division of acute disease prevention and emergency response is established within the department. The division shall coordinate the administration of this subchapter with other administrative divisions of the department and with federal, state, and local agencies and officials.   2. The department shall do all of the following:   a. Coordinate with the department of homeland security and emergency management the administration of emergency planning matters which involve the public health, including development, administration, and execution of the public health components of the comprehensive emergency plan and emergency management program pursuant to section 29C.8.   b. Coordinate with federal, state, and local agencies and officials, and private agencies, organizations, companies, and persons, the administration of emergency planning, response, and recovery matters that involve the public health.   c. If a public health disaster exists, or if there is reasonable cause to believe that a public health disaster is imminent, conduct a risk assessment of any present or potential danger to the public health from chemical, radiological, or other potentially dangerous agents.   d. For the purpose of paragraph c, an employee or agent of the department may enter into and examine any premises containing potentially dangerous agents with the consent of the owner or person in charge of the premises or, if the owner or person in charge of the premises refuses admittance, with an administrative search warrant obtained under section 808.14. Based on findings of the risk assessment and examination of the premises, the director may order reasonable safeguards or take any other action reasonably necessary to protect the public health pursuant to rules adopted to administer this subsection.   e. Coordinate the location, procurement, storage, transportation, maintenance, and distribution of medical supplies, drugs, antidotes, and vaccines to prepare for or in response to a public health disaster, including receiving, distributing, and administering items from the strategic national stockpile program of the centers for disease control and prevention of the United States department of health and human services.   f. Conduct or coordinate public information activities regarding emergency and disaster planning, response, and recovery matters that involve the public health.   g. Apply for and accept grants, gifts, or other funds to be used for programs authorized by this subchapter.   h. Establish and coordinate other programs or activities as necessary for the prevention, detection, management, and containment of public health disasters, and for the recovery from such disasters.   i. Adopt rules pursuant to chapter 17A for the administration of this subchapter including rules adopted in cooperation with the Iowa pharmacy association and the Iowa hospital association for the development of a surveillance system to monitor supplies of drugs, antidotes, and vaccines to assist in detecting a potential public health disaster. Prior to adoption, the rules shall be approved by the state board of health and the director of the department of homeland security and emergency management.  2003 Acts, ch 33, 2, 11; 2003 Acts, ch 179, 157; 2005 Acts, ch 89, 8; 2009 Acts, ch 37, 6; 2009 Acts, ch 41, 42; 2012 Acts, ch 1021, 45; 2013 Acts, ch 29, 45; 2017 Acts, ch 148, 21, 22; 2019 Acts, ch 24, 99, 100 
135.142 Health care supplies.   1. The department may purchase and distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies as deemed advisable in the interest of preparing for or controlling a public health disaster.   2. If a public health disaster exists or there is reasonable cause to believe that a public health disaster is imminent and if the public health disaster or belief that a public health disaster is imminent results in a statewide or regional shortage or threatened shortage of any product described under subsection 1, whether or not such product has been purchased by the department, the department may control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, allocation, or other means, the use, sale, dispensing, distribution, or transportation of the relevant product necessary to protect the public health, safety, and welfare of the people of this state. The department shall collaborate with persons who have control of the products when reasonably possible.   3. In making rationing or other supply and distribution decisions, the department shall give preference to health care providers, disaster response personnel, and mortuary staff.   4. During a public health disaster, the department may procure, store, or distribute any antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies located within the state as may be reasonable and necessary to respond to the public health disaster, and may take immediate possession of these pharmaceutical agents and supplies. If a public health disaster affects more than one state, this section shall not be construed to allow the department to obtain antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies for the primary purpose of hoarding such items or preventing the fair and equitable distribution of these pharmaceutical and medical supplies among affected states. The department shall collaborate with affected states and persons when reasonably possible.   5. The state shall pay just compensation to the owner of any product lawfully taken or appropriated by the department for the departments temporary or permanent use in accordance with this section. The amount of compensation shall be limited to the costs incurred by the owner to procure the item.  2003 Acts, ch 33, 3, 11; 2004 Acts, ch 1086, 34 
135.143 Public health response teams.   1. The department shall approve public health response teams to supplement and support disrupted or overburdened local medical and public health personnel, hospitals, and resources. Assistance shall be rendered under the following circumstances:   a. At or near the site of a disaster or threatened disaster by providing direct medical care to victims or providing other support services.   b. If local medical or public health personnel or hospitals request the assistance of a public health response team to provide direct medical care to victims or to provide other support services in relation to any of the following incidents:   (1) During an incident resulting from a novel or previously controlled or eradicated infectious agent, disease, or biological toxin.   (2) After a chemical attack or accidental chemical release.   (3) After an intentional or accidental release of radioactive material.   (4) In response to a nuclear or radiological attack or accident.   (5) Where an incident poses a high probability of a large number of deaths or long-term disabilities in the affected population.   (6) During or after a natural occurrence or incident, including but not limited to fire, flood, storm, drought, earthquake, tornado, or windstorm.   (7) During or after a man-made occurrence or incident, including but not limited to an attack, spill, or explosion.   2. The department shall provide by rule a process for registration and approval of public health response team members and sponsor entities and shall authorize specific public health response teams, which may include but are not limited to disaster assistance teams and environmental health response teams. The department may expedite the registration and approval process during a disaster, threatened disaster, or other incident described in subsection 1.   3. A member of a public health response team acting pursuant to this subchapter shall be considered an employee of the state under section 29C.21 and chapter 669, shall be afforded protection as an employee of the state under section 669.21, and shall be considered an employee of the state for purposes of workers compensation, disability, and death benefits, provided that the member has done all of the following:   a. Registered with and received approval to serve on a public health response team from the department.   b. Provided direct medical care or other support services during a disaster, threatened disaster, or other incident described in subsection 1; or participated in a training exercise to prepare for a disaster or other incident described in subsection 1.   4. The department shall provide the department of administrative services with a list of individuals who have registered with and received approval from the department to serve on a public health response team. The department shall update the list on a quarterly basis, or as necessary for the department of administrative services to determine eligibility for coverage.   5. Upon notification of a compensable loss, the department of administrative services shall seek authorization from the executive council to pay as an expense from the appropriations addressed in section 7D.29 those costs associated with covered workers compensation benefits.  2003 Acts, ch 33, 4, 11; 2003 Acts, ch 145, 286; 2005 Acts, ch 89, 9; 2009 Acts, ch 37, 7, 8; 2011 Acts, ch 131, 25, 158; 2019 Acts, ch 24, 101  Referred to in 29C.20 
135.144 Additional duties of the department related to a public health disaster.   If a public health disaster exists, the department, in conjunction with the governor, may do any of the following:   1. Decontaminate or cause to be decontaminated, to the extent reasonable and necessary to address the public health disaster, any facility or material if there is cause to believe the contaminated facility or material may endanger the public health.   2. Adopt and enforce measures to provide for the identification and safe disposal of human remains, including performance of postmortem examinations, transportation, embalming, burial, cremation, interment, disinterment, and other disposal of human remains. To the extent possible, religious, cultural, family, and individual beliefs of the deceased person or the deceased persons family shall be considered when disposing of any human remains.   3. Take reasonable measures as necessary to prevent the transmission of infectious disease and to ensure that all cases of communicable disease are properly identified, controlled, and treated.   4. Take reasonable measures as necessary to ensure that all cases of chemical, biological, and radiological contamination are properly identified, controlled, and treated.   5. Order physical examinations and tests and collect specimens as necessary for the diagnosis or treatment of individuals, to be performed by any qualified person authorized to do so by the department. An examination or test shall not be performed or ordered if the examination or test is reasonably likely to lead to serious harm to the affected individual. The department may isolate or quarantine, pursuant to chapter 139A and the rules implementing chapter 139A and this subchapter, any individual whose refusal of medical examination or testing results in uncertainty regarding whether the individual has been exposed to or is infected with a communicable or potentially communicable disease or otherwise poses a danger to public health.   6. Vaccinate or order that individuals be vaccinated against an infectious disease and to prevent the spread of communicable or potentially communicable disease. Vaccinations shall be administered by any qualified person authorized to do so by the department. The vaccination shall not be provided or ordered if it is reasonably likely to lead to serious harm to the affected individual. To prevent the spread of communicable or potentially communicable disease, the department may isolate or quarantine, pursuant to chapter 139A and the rules implementing chapter 139A and this subchapter, any person who is unable or unwilling to undergo vaccination pursuant to this subsection.   7. Treat or order that individuals exposed to or infected with disease receive treatment or prophylaxis. Treatment or prophylaxis shall be administered by any qualified person authorized to do so by the department. Treatment or prophylaxis shall not be provided or ordered if the treatment or prophylaxis is reasonably likely to lead to serious harm to the affected individual. To prevent the spread of communicable or potentially communicable disease, the department may isolate or quarantine, pursuant to chapter 139A and the rules implementing chapter 139A and this subchapter, any individual who is unable or unwilling to undergo treatment or prophylaxis pursuant to this section.   8. Isolate or quarantine individuals or groups of individuals pursuant to chapter 139A and the rules implementing chapter 139A and this subchapter.   9. Inform the public when a public health disaster has been declared or terminated, about protective measures to take during the disaster, and about actions being taken to control the disaster.   10. Accept grants and loans from the federal government pursuant to section 29C.6 or available provisions of federal law.   11. If a public health disaster or other public health emergency situation exists which poses an imminent threat to the public health, safety, and welfare, the department, in conjunction with the governor, may provide financial assistance, from funds appropriated to the department that are not otherwise encumbered, to political subdivisions as needed to alleviate the disaster or the emergency. If the department does not have sufficient unencumbered funds, the governor may request the executive council to authorize the payment of up to one million dollars as an expense from the appropriations addressed in section 7D.29 to alleviate the disaster or the emergency. If additional financial assistance is required in excess of one million dollars, approval by the legislative council is also required.   12. Temporarily reassign department employees for purposes of response and recovery efforts, to the extent such employees consent to the reassignments.   13. Order, in conjunction with the department of education, temporary closure of any public school or nonpublic school, as defined in section 280.2, to prevent or control the transmission of a communicable disease as defined in section 139A.2.  2003 Acts, ch 33, 5, 11; 2003 Acts, ch 179, 65; 2004 Acts, ch 1097, 1; 2005 Acts, ch 19, 32; 2009 Acts, ch 37, 9; 2010 Acts, ch 1088, 1; 2011 Acts, ch 131, 26, 158; 2019 Acts, ch 24, 102 
135.145 Information sharing.   1. When the department of public safety or other federal, state, or local law enforcement agency learns of a case of a disease or health condition, unusual cluster, or a suspicious event that may be the cause of a public health disaster, the department or agency shall immediately notify the department, the director of the department of homeland security and emergency management, the department of agriculture and land stewardship, and the department of natural resources as appropriate.   2. When the department learns of a case of a disease or health condition, an unusual cluster, or a suspicious event that may be the cause of a public health disaster, the department shall immediately notify the department of public safety, the department of homeland security and emergency management, and other appropriate federal, state, and local agencies and officials.   3. Sharing of information on diseases, health conditions, unusual clusters, or suspicious events between the department and public safety authorities and other governmental agencies shall be restricted to sharing of only the information necessary for the prevention, control, and investigation of a public health disaster.   4. Release of information pursuant to this section shall be consistent with the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.  2003 Acts, ch 33, 6, 11; 2003 Acts, ch 179, 157; 2006 Acts, ch 1079, 1; 2013 Acts, ch 29, 46  Communicable and infectious diseases and poisonings, see chapter 139A 
135.146 First responder vaccination program.   1. In the event that federal funding is received for administering vaccinations for first responders, the department shall offer a vaccination program for first responders who may be exposed to infectious diseases when deployed to disaster locations. For purposes of this section, first responder means state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to sites of bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and other disasters. The vaccinations shall include, but not be limited to, vaccinations for hepatitis B, diphtheria, tetanus, influenza, and other vaccinations when recommended by the United States public health service and in accordance with federal emergency management agency policy. Immune globulin will be made available when necessary.   2. Participation in the vaccination program shall be voluntary, except for first responders who are classified as having occupational exposure to blood-borne pathogens as defined by the occupational safety and health administration standard contained in  29 C.F.R. 1910.1030  . First responders who are so classified shall be required to receive the vaccinations as described in subsection 1. A first responder shall be exempt from this requirement, however, when a written statement from a licensed physician is presented indicating that a vaccine is medically contraindicated for that person or the first responder signs a written statement that the administration of a vaccination conflicts with religious tenets.   3. The department shall establish first responder notification procedures regarding the existence of the program by rule, and shall develop, and distribute to first responders, educational materials on methods of preventing exposure to infectious diseases. In administering the program, the department may contract with county and local health departments, not-for-profit home health care agencies, hospitals, physicians, and military unit clinics.  2004 Acts, ch 1012, 1, 2; 2005 Acts, ch 3, 31 
135.147 Immunity for emergency aid  exceptions.   1. A person, corporation, or other legal entity, or an employee or agent of such person, corporation, or entity, who, during a public health disaster, in good faith and at the request of or under the direction of the department or the department of public defense renders emergency care or assistance to a victim of the public health disaster shall not be liable for civil damages for causing the death of or injury to a person, or for damage to property, unless such acts or omissions constitute recklessness.   2. The immunities provided in this section shall not apply to any person, corporation, or other legal entity, or an employee or agent of such person, corporation, or entity, whose act or omission caused in whole or in part the public health disaster and who would otherwise be liable therefor.  2007 Acts, ch 159, 21 
135.15 Oral and health delivery systems bureau established  responsibilities.   An oral and health delivery systems bureau is established within the division of health promotion and chronic disease prevention of the department. The bureau shall be responsible for all of the following:   1. Providing population-based oral health services, including public health training, improvement of dental support systems for families, technical assistance, awareness-building activities, and educational services, at the state and local level to assist Iowans in maintaining optimal oral health throughout all stages of life.   2. Performing infrastructure building and enabling services through the administration of state and federal grant programs targeting access improvement, prevention, and local oral health programs utilizing maternal and child health programs, Medicaid, and other new or existing programs.   3. Leveraging federal, state, and local resources for programs under the purview of the bureau.   4. Facilitating ongoing strategic planning and application of evidence-based research in oral health care policy development that improves oral health care access and the overall oral health of all Iowans.   5. Developing and implementing an ongoing oral health surveillance system for the evaluation and monitoring of the oral health status of children and other underserved populations.   6. Facilitating the provision of oral health services through dental homes. For the purposes of this section, dental home means a network of individualized care based on risk assessment, which includes oral health education, dental screenings, preventive services, diagnostic services, treatment services, and emergency services.  2007 Acts, ch 159, 14; 2017 Acts, ch 148, 4; 2018 Acts, ch 1165, 110; 2021 Acts, ch 76, 29  Referred to in 135.39E  Unnumbered paragraph 1 amended 
135.150 Gambling treatment program  standards and licensing.   1. a. The department shall operate a gambling treatment program to provide programs which may include but are not limited to outpatient and follow-up treatment for persons affected by problem gambling, rehabilitation and residential treatment programs, information and referral services, crisis call access, education and preventive services, and financial management and credit counseling services.   b. A person shall not maintain or conduct a gambling treatment program funded through the department unless the person has obtained a license for the program from the department. The department shall adopt rules to establish standards for the licensing and operation of gambling treatment programs under this section. The rules shall specify, but are not limited to specifying, the qualifications for persons providing gambling treatment services, standards for the organization and administration of gambling treatment programs, and a mechanism to monitor compliance with this section and the rules adopted under this section.   2. The department shall report annually to the general assemblys standing committees on government oversight regarding the operation of the gambling treatment program. The report shall include but is not limited to information on the moneys expended and grants awarded for operation of the gambling treatment program.  2004 Acts, ch 1136, 55; 2005 Acts, ch 175, 77; 2009 Acts, ch 182, 106; 2010 Acts, ch 1069, 15; 2017 Acts, ch 148, 3 
135.152 Statewide obstetrical and newborn indigent patient care program. Repealed by 2017 Acts, ch 148, 24. 
135.153 Iowa collaborative safety net provider network established. Repealed by 2019 Acts, ch 85, 68. 
135.153A Safety net provider recruitment and retention initiatives program  repeal. Repealed by its own terms;  2015 Acts, ch 30, 211  . 
135.154 Repealed by  2015 Acts, ch 73, 8, 9.   See chapter 135D. 
135.155 Repealed by  2015 Acts, ch 73, 8, 9.   See chapter 135D. 
135.155A Repealed by  2015 Acts, ch 73, 8, 9.   See chapter 135D. 
135.156 Repealed by  2015 Acts, ch 73, 8, 9.   See chapter 135D. 
135.156A Repealed by  2015 Acts, ch 73, 8, 9.   See chapter 135D. 
135.156B Repealed by  2015 Acts, ch 73, 8, 9.   See chapter 135D. 
135.156C Repealed by  2015 Acts, ch 73, 8, 9.   See chapter 135D. 
135.156D Repealed by  2015 Acts, ch 73, 8, 9.  See chapter 135D. 
135.156E Repealed by  2015 Acts, ch 73, 8, 9.   See chapter 135D. 
135.156F Repealed by  2015 Acts, ch 73, 8, 9.   See chapter 135D. 
135.157 Definitions. Repealed by 2017 Acts, ch 148, 11. 
135.158 Medical home purposes  characteristics. Repealed by 2017 Acts, ch 148, 11. 
135.159 Patient-centered health advisory council. Repealed by 2019 Acts, ch 85, 75. 
135.16 Special supplemental nutrition program for women, infants, and children  methamphetamine education.   As a component of the federal funding received by the department as the administering agency for the special supplemental nutrition program for women, infants, and children, from the United States department of agriculture, food and nutrition service, the department shall incorporate a methamphetamine education program into its nutrition and health-related education services. The department shall be responsible for the development of the education program to be delivered, and for the selection of qualified contract agencies to deliver the instruction under the program.  99 Acts, ch 195, 8; 2021 Acts, ch 76, 30  Section amended 
135.160 Definitions. Repealed by 2012 Acts, ch 1021, 120. 
135.161 Prevention and chronic care management initiative  advisory council. Repealed by 2011 Acts, ch 129, 81, 82. 
135.162 Clinicians advisory panel. Repealed by 2011 Acts, ch 63, 35. 
135.163 Health care access.   The department shall coordinate public and private efforts to develop and maintain an appropriate health care delivery infrastructure and a stable, well-qualified, diverse, and sustainable health care workforce in this state. The health care delivery infrastructure and the health care workforce shall address the broad spectrum of health care needs of Iowans throughout their lifespan. The department shall, at a minimum, do all of the following:   1. Develop a strategic plan for health care delivery infrastructure and health care workforce resources in this state.   2. Provide for the continuous collection of data to provide a basis for health care strategic planning and health care policymaking.   3. Make recommendations regarding the health care delivery infrastructure and the health care workforce that assist in monitoring current needs, predicting future trends, and informing policymaking.  2008 Acts, ch 1188, 57; 2017 Acts, ch 148, 16  Referred to in 84A.11, 135.175 
135.164 Strategic plan. Repealed by 2017 Acts, ch 148, 19. 
135.165 Health care transparency  reporting requirements  hospitals and nursing facilities. Repealed by 2012 Acts, ch 1113, 24. 
135.166 Health data  collection and use  collection from hospitals.   1. a. The department of public health shall enter into a memorandum of understanding with the contractor selected through a request for proposals process to act as the departments intermediary in collecting, maintaining, and disseminating hospital inpatient, outpatient, and ambulatory data, as initially authorized in  1996 Iowa Acts, ch. 1212, 5  , subsection 1, paragraph a, subparagraph (4), and  641 IAC 177.3  .   b. The memorandum of understanding shall include but is not limited to provisions that address the duties of the department and the contractor regarding the collection, reporting, disclosure, storage, and confidentiality of the data.   2. Unless otherwise authorized or required by state or federal law, data collected under this section shall not include the social security number of the individual subject of the data.  2009 Acts, ch 118, 57; 2014 Acts, ch 1026, 143; 2017 Acts, ch 148, 104; 2019 Acts, ch 85, 96 
135.16A Vendors participating in federal nutrition program  egg sales.   1. As used in this section, unless the context otherwise requires:   a. Conventional eggs means eggs other than specialty eggs.   b. Eggs means shell eggs that are graded as AA, A, or B pursuant to  7 C.F.R. pt. 56, subpt. A  , and that are sold at retail in commercial markets.   c. Federal nutrition program means the special supplemental nutrition program for women, infants, and children as provided in 42 U.S.C. 1786 et seq.   d. Grocery store means a food establishment as defined in section 137F.1 licensed by the department of inspections and appeals pursuant to section 137F.4, to sell food or food products to customers intended for preparation or consumption off premises.   e. Specialty eggs means eggs produced by domesticated chickens, and sold at retail in commercial markets if the chickens producing such eggs are advertised as being housed in any of the following environments:   (1) Cage-free.   (2) Free-range.   (3) Enriched colony cage.   2. a. The department of inspections and appeals shall assist the Iowa department of public health in adopting rules necessary to implement and administer this section.   b. If necessary to implement, administer, and enforce this section, the Iowa department of public health, in cooperation with the department of agriculture and land stewardship, shall submit a request to the United States department of agriculture for a waiver or other exception from regulations as deemed feasible by the Iowa department of public health. The Iowa department of public health shall regularly report the status of such request to the legislative services agency.   3. A grocery store that is a vendor participating in a federal nutrition program and offering specialty eggs for retail sale shall maintain an inventory of conventional eggs for retail sale sufficient to meet federal and state requirements for participation in the federal nutrition program.   4. This section does not require a grocery store to do any of the following:   a. Stock or sell specialty eggs.   b. Stock or sell eggs, if the grocery store elects not to stock or sell conventional eggs for retail sale as part of its normal business.   c. Comply with the provisions of this section, if the grocery stores inventory of eggs for retail sale was limited to specialty eggs prior to January 1, 2018.   5. A violation of subsection 3 by a grocery store shall not be construed to disqualify a grocery store from participating in a federal nutrition program unless otherwise authorized by the United States department of agriculture.  2018 Acts, ch 1025, 1; 2018 Acts, ch 1172, 19; 2021 Acts, ch 76, 31  Section amended 
135.17 Dental screening of children.   1. a. Except as provided in paragraphs c and d, the parent or guardian of a child enrolled in elementary school shall provide evidence to the school district or accredited nonpublic elementary school in which the child is enrolled of the child having, no earlier than three years of age but no later than four months after enrollment, at a minimum, a dental screening performed by a licensed physician, a licensed nurse, a licensed physician assistant, or a licensed dental hygienist or dentist. Except as provided in paragraphs c and d, the parent or guardian of a child enrolled in high school shall provide evidence to the school district or accredited nonpublic high school in which the child is enrolled of the child having, at a minimum, a dental screening performed no earlier than one year prior to enrollment and not later than four months after enrollment by a licensed dental hygienist or dentist. A school district or accredited nonpublic school shall provide access to a process to complete the screenings described in this paragraph as appropriate.   b. A person authorized to perform a dental screening required by this section shall record that the screening was completed, and such additional information required by the department, on uniform forms developed by the department in cooperation with the department of education. The form shall include a space for the person to summarize any condition that may indicate a need for special services.   c. The department shall specify the procedures that constitute a dental screening and authorize a waiver signed by a licensed physician, nurse, physician assistant, dental hygienist, or dentist for a person who is unduly burdened by the screening requirement.   d. The dental screening requirement shall not apply to a person who submits an affidavit signed by the person or, if the person is a minor, the persons parent or legal guardian, stating that the dental screening conflicts with a genuine and sincere religious belief.   2. Each public and nonpublic school shall, in collaboration with the department, do the following:   a. Ensure that the parent or guardian of a student enrolled in the school has complied with the requirements of subsection 1.   b. Provide, if a student has not had a dental screening performed in accordance with subsection 1, the parent or guardian of the student with community dental screening referral resources, including contact information for the i-smile coordinator, department, or dental society.   3. By May 31 annually, each local board shall furnish the department with evidence that each student enrolled in any public or nonpublic school within the local boards jurisdiction has met the dental screening requirement in this section.   4. The department shall adopt rules to administer this section.  2007 Acts, ch 146, 1, 2; 2008 Acts, ch 1020, 1  3; 2009 Acts, ch 41, 39; 2009 Acts, ch 133, 31; 2010 Acts, ch 1088, 2, 3  Dental clinics, see 280.7 
135.171 Alzheimers disease service needs.   1. The department shall regularly analyze Iowas population by county and age to determine the existing service utilization and future service needs of persons with Alzheimers disease and similar forms of irreversible dementia. The analysis shall also address the availability of existing caregiver services for such needs and the appropriate service level for the future.   2. The department shall modify its community needs assessment activities to include questions to identify and quantify the numbers of persons with Alzheimers disease and similar forms of irreversible dementia at the community level.   3. The department shall collect data on the numbers of persons demonstrating combative behavior related to Alzheimers disease and similar forms of irreversible dementia. The department shall also collect data on the number of physicians and geropsychiatric units available in the state to provide treatment and services to such persons. Health care facilities that serve such persons shall provide information to the department for the purposes of the data collection required by this subsection.   4. The departments implementation of the requirements of this section shall be limited to the extent of the funding appropriated or otherwise made available for the requirements.  2008 Acts, ch 1140, 1  See also 231.62 
135.173 Early childhood Iowa council. Repealed by 2010 Acts, ch 1031, 308. 
135.173A Child care advisory committee.   1. The early childhood stakeholders alliance shall establish a state child care advisory committee as part of the stakeholders alliance. The advisory committee shall advise and make recommendations to the governor, general assembly, department of human services, and other state agencies concerning child care.   2. The membership of the advisory committee shall consist of a broad spectrum of parents and other persons from across the state with an interest in or involvement with child care.   3. Except as otherwise provided, the voting members of the advisory committee shall be appointed by the stakeholders alliance from a list of names submitted by a nominating committee to consist of one member of the advisory committee, one member of the department of human services child care staff, three consumers of child care, and one member of a professional child care organization. Two names shall be submitted for each appointment. The voting members shall be appointed for terms of three years.   4. The voting membership of the advisory committee shall be appointed in a manner so as to provide equitable representation of persons with an interest in child care and shall include all of the following:   a. Two parents of children served by a registered child development home.   b. Two parents of children served by a licensed center.   c. Two not-for-profit child care providers.   d. Two for-profit child care providers.   e. One child care home provider.   f. Three child development home providers.   g. One child care resource and referral service grantee.   h. One nongovernmental child advocacy group representative.   i. One designee of the department of human services.   j. One designee of the Iowa department of public health.   k. One designee of the department of education.   l. One head start program provider.   m. One person who is a business owner or executive officer from nominees submitted by the Iowa chamber of commerce executives.   n. One designee of the early childhood Iowa office of the department of management.   o. One person who is a member of the Iowa afterschool alliance.   p. One person who is part of a local program implementing the statewide preschool program for four-year-old children under chapter 256C.   q. One person who represents the early childhood stakeholders alliance.   5. In addition to the voting members of the advisory committee, the membership shall include four legislators as ex officio, nonvoting members. The four legislators shall be appointed one each by the majority leader of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives for terms as provided in section 69.16B.   6. In fulfilling the advisory committees role, the committee shall do all of the following:   a. Consult with the department of human services and make recommendations concerning policy issues relating to child care.   b. Advise the department of human services concerning services relating to child care, including but not limited to any of the following:   (1) Resource and referral services.   (2) Provider training.   (3) Quality improvement.   (4) Public-private partnerships.   (5) Standards review and development.   (6) The federal child care and development block grant, state funding, grants, and other funding sources for child care.   c. Assist the department of human services in developing an implementation plan to provide seamless service to recipients of public assistance, which includes child care services. For the purposes of this subsection, seamless service means coordination, where possible, of the federal and state requirements which apply to child care.   d. Advise and provide technical services to the director of the department of education or the directors designee relating to prekindergarten, kindergarten, and before and after school programming and facilities.   e. Make recommendations concerning child care expansion programs that meet the needs of children attending a core education program by providing child care before and after the core program hours and during times when the core program does not operate.   f. Make recommendations for improving collaborations between the child care programs involving the department of human services and programs supporting the education and development of young children including but not limited to the federal head start program; the statewide preschool program for four-year-old children; and the early childhood, at-risk, and other early education programs administered by the department of education.   g. Make recommendations for eliminating duplication and otherwise improving the eligibility determination processes used for the state child care assistance program and other programs supporting low-income families, including but not limited to the federal head start, early head start, and even start programs; the early childhood, at-risk, and preschool programs administered by the department of education; the family and self-sufficiency grant program; and the family investment program.   h. Make recommendations as to the most effective and efficient means of managing the state and federal funding available for the state child care assistance program.   i. Review program data from the department of human services and other departments concerning child care as deemed to be necessary by the advisory committee, although a department shall not provide personally identifiable data or information.   j. Advise and assist the early childhood stakeholders alliance in developing the strategic plan required pursuant to section 256I.4, subsection 4.   7. The department of human services shall provide information to the advisory committee semiannually on all of the following:   a. Federal, state, local, and private revenues and expenditures for child care including but not limited to updates on the current and future status of the revenues and expenditures.   b. Financial information and data relating to regulation of child care by the department of human services and the usage of the state child care assistance program.   c. Utilization and availability data relating to child care regulation, quantity, and quality from consumer and provider perspectives.   d. Statistical and demographic data regarding child care providers and the families utilizing child care.   e. Statistical data regarding the processing time for issuing notices of decision to state child care assistance applicants and for issuing payments to child care providers.   8. The advisory committee shall coordinate with the early childhood stakeholders alliance its reporting annually in December to the governor and general assembly concerning the status of child care in the state, providing findings, and making recommendations. The annual report may be personally presented to the general assemblys standing committees on human resources by a representative of the advisory committee.  2010 Acts, ch 1031, 354, 361; 2015 Acts, ch 30, 55  57; 2021 Acts, ch 76, 35  Referred to in 237A.1, 256.9  Subsection 4, paragraph n amended 
135.174 Lead agency and other state agencies. Repealed by 2010 Acts, ch 1031, 308. 
135.175 Health care workforce support initiative  workforce shortage fund  accounts.   1. a. A health care workforce support initiative is established to provide for the coordination and support of various efforts to address the health care workforce shortage in this state. This initiative shall include the medical residency training state matching grants program created in section 135.176, the nurse residency state matching grants program created in section 135.178, and the fulfilling Iowas need for dentists matching grant program created in section 135.179.   b. A health care workforce shortage fund is created in the state treasury as a separate fund under the control of the department, in cooperation with the entities identified in this section as having control over the accounts within the fund. The fund and the accounts within the fund shall be controlled and managed in a manner consistent with the principles specified and the strategic plan developed pursuant to section 135.163.   2. The fund and the accounts within the fund shall consist of moneys appropriated from the general fund of the state for the purposes of the fund or the accounts within the fund; moneys received from the federal government for the purposes of addressing the health care workforce shortage; contributions, grants, and other moneys from communities and health care employers; and moneys from any other public or private source available.   3. The department and any entity identified in this section as having control over any of the accounts within the fund, may receive contributions, grants, and in-kind contributions to support the purposes of the fund and the accounts within the fund. Not more than five percent of the moneys allocated to any account within the fund may be used for administrative costs.   4. The fund and the accounts within the fund shall be separate from the general fund of the state and shall not be considered part of the general fund of the state. The moneys in the fund and the accounts within the fund shall not be considered revenue of the state, but rather shall be moneys of the fund or the accounts. The moneys in the fund and the accounts within the fund are not subject to section 8.33 and shall not be transferred, used, obligated, appropriated, or otherwise encumbered, except to provide for the purposes of this section. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund and the accounts within the fund.   5. The fund shall consist of the following accounts:   a. The medical residency training account. The medical residency training account shall be under the control of the department and the moneys in the account shall be used for the purposes of the medical residency training state matching grants program as specified in section 135.176. Moneys in the account shall consist of moneys appropriated or allocated for deposit in or received by the fund or the account and specifically dedicated to the medical residency training state matching grants program or account for the purposes of such account.   b. The nurse residency state matching grants program account. The nurse residency state matching grants program account shall be under the control of the department and the moneys in the account shall be used for the purposes of the nurse residency state matching grants program as specified in section 135.178. Moneys in the account shall consist of moneys appropriated or allocated for deposit in or received by the fund or the account and specifically dedicated to the nurse residency state matching grants program account for the purposes of such account.   c. The health care workforce shortage national initiatives account. The health care workforce shortage national initiatives account shall be under the control of the state entity identified for receipt of the federal funds by the federal government entity through which the federal funding is available for a specified health care workforce shortage initiative. Moneys in the account shall consist of moneys appropriated or allocated for deposit in or received by the fund or the account and specifically dedicated to health care workforce shortage national initiatives or the account and for a specified health care workforce shortage initiative.   d. The fulfilling Iowas need for dentists matching grant program account. The fulfilling Iowas need for dentists matching grant program account shall be under the control of the department and the moneys in the account shall be used for the purposes of the fulfilling Iowas need for dentists matching grant program as specified in section 135.179. Moneys in the account shall consist of moneys appropriated or allocated for deposit in the account or received by the fund or the account and specifically dedicated to the fulfilling Iowas need for dentists matching grant program account for the purposes of such account.   6. a. Moneys in the fund and the accounts in the fund shall only be appropriated in a manner consistent with the principles specified and the strategic plan developed pursuant to section 135.163 to support the medical residency training state matching grants program, the nurse residency state matching grants program, the fulfilling Iowas need for dentists matching grant program, and to provide funding for state health care workforce shortage programs as provided in this section.   b. State programs that may receive funding from the fund and the accounts in the fund, if specifically designated for the purpose of drawing down federal funding, are the primary care recruitment and retention endeavor (PRIMECARRE), the Iowa affiliate of the national rural recruitment and retention network, the oral and health delivery systems bureau of the department, the primary care office and shortage designation program, and the state office of rural health, administered through the oral and health delivery systems bureau of the department of public health; any entity identified by the federal government entity through which federal funding for a specified health care workforce shortage initiative is received; and a program developed in accordance with the strategic plan developed by the department of public health in accordance with section 135.163.   c. Any federal funding received for the purposes of addressing state health care workforce shortages shall be deposited in the health care workforce shortage national initiatives account, unless otherwise specified by the source of the funds, and shall be used as required by the source of the funds. If use of the federal funding is not designated, the funds shall be used in accordance with the strategic plan developed by the department of public health in accordance with section 135.163, or to address workforce shortages as otherwise designated by the department of public health. Other sources of funding shall be deposited in the fund or account and used as specified by the source of the funding.   7. No more than five percent of the moneys in any of the accounts within the fund shall be used for administrative purposes, unless otherwise provided by the appropriation, allocation, or source of the funds.   8. The department, in cooperation with the entities identified in this section as having control over any of the accounts within the fund, shall submit an annual report to the governor and the general assembly regarding the status of the health care workforce support initiative, including the balance remaining in and appropriations from the health care workforce shortage fund and the accounts within the fund.  2015 Acts, ch 30, 212, 218, 219; 2016 Acts, ch 1073, 55, 56, 187, 189; 2017 Acts, ch 148, 17, 18; 2018 Acts, ch 1165, 111  113  Referred to in 135.176, 135.178, 135.179, 249M.4 
135.176 Medical residency training state matching grants program.   1. The department shall establish a medical residency training state matching grants program to provide matching state funding to sponsors of accredited graduate medical education residency programs in this state to establish, expand, or support medical residency training programs. Funding for the program may be provided through the health care workforce shortage fund or the medical residency training account created in section 135.175. For the purposes of this section, unless the context otherwise requires, accredited means a graduate medical education program approved by the accreditation council for graduate medical education or the American osteopathic association. The grant funds may be used to support medical residency programs through any of the following:   a. The establishment of new or alternative campus accredited medical residency training programs. For the purposes of this paragraph, new or alternative campus accredited medical residency training program means a program that is accredited by a recognized entity approved for such purpose by the accreditation council for graduate medical education or the American osteopathic association with the exception that a new medical residency training program that, by reason of an insufficient period of operation is not eligible for accreditation on or before the date of submission of an application for a grant, may be deemed accredited if the accreditation council for graduate medical education or the American osteopathic association finds, after consultation with the appropriate accreditation entity, that there is reasonable assurance that the program will meet the accreditation standards of the entity prior to the date of graduation of the initial class in the program.   b. The provision of new residency positions within existing accredited medical residency or fellowship training programs.   c. The funding of residency positions which are in excess of the federal residency cap. For the purposes of this paragraph, in excess of the federal residency cap means a residency position for which no federal Medicare funding is available because the residency position is a position beyond the cap for residency positions established by the federal Balanced Budget Act of 1997, Pub. L. No. 105-33.   d. For the period beginning July 1, 2021, and ending June 30, 2026, the payment by the sponsor of medical residency program liability costs subject to provision by the sponsor of dollar-for-dollar matching funds used for payment of such costs. This paragraph shall not apply to medical residency programs to which chapter 669 applies.   2. The department shall adopt rules pursuant to chapter 17A to provide for all of the following:   a. Eligibility requirements for and qualifications of a sponsor of an accredited graduate medical education residency program to receive a grant. The requirements and qualifications shall include but are not limited to all of the following:   (1) A sponsor shall demonstrate that funds have been budgeted and will be expended by the sponsor in the amount required to provide matching funds for each residency position proposed in the request for state matching funds.   (2) A sponsor shall demonstrate, through objective evidence as prescribed by rule of the department, a need for such residency program in the state.   b. The application process for the grant.   c. Criteria for preference in awarding of the grants, including preference in the residency specialty and preference for candidates who are residents of Iowa, attended and earned an undergraduate degree from an Iowa college or university, or attended and earned a medical degree from a medical school in Iowa.   d. Determination of the amount of a grant. The total amount of a grant awarded to a sponsor proposing the establishment of a new or alternative campus accredited medical residency training program as defined in subsection 1, paragraph a, shall be limited to no more than one hundred percent of the amount the sponsor has budgeted as demonstrated under paragraph a. The total amount of a grant awarded to a sponsor proposing the provision of a new residency position within an existing accredited medical residency or fellowship training program as specified in subsection 1, paragraph b, or the funding of residency positions which are in excess of the federal residency cap as defined in subsection 1, paragraph c, shall be limited to no more than twenty-five percent of the amount that the sponsor has budgeted for each residency position sponsored for the purpose of the residency program.   e. The maximum award of grant funds to a particular individual sponsor per year. An individual sponsor that establishes a new or alternative campus accredited medical residency training program as defined in subsection 1, paragraph a, shall not receive more than fifty percent of the state matching funds available each year to support the program. An individual sponsor proposing the provision of a new residency position within an existing accredited medical residency or fellowship training program as specified in subsection 1, paragraph b, the funding of residency positions which are in excess of the federal residency cap as defined in subsection 1, paragraph c, or the funding of the payment by the sponsor of medical residency program liability costs subject to provision by the sponsor of dollar-for-dollar matching funds used for payment of such costs as specified in subsection 1, paragraph d, shall not receive more than twenty-five percent of the state matching funds available each year to support the program.   f. Use of the funds awarded. Funds may be used to pay the costs of establishing, expanding, or supporting an accredited graduate medical education program as specified in this section, including but not limited to the costs associated with residency stipends and physician faculty stipends. For the period beginning July 1, 2021, and ending June 30, 2026, use of the funds awarded may include payment by the sponsor of medical residency program liability costs in accordance with subsection 1, paragraph d, and subject to provision by the sponsor of dollar-for-dollar matching funds used for payment of such costs.   g. A requirement that the residency program offer persons to whom a primary care residency position is awarded, the opportunity to participate in a rural rotation to expose the resident to the rural areas of the state. For the purposes of this paragraph, primary care shall include psychiatry, obstetrics, gynecology, family medicine, internal medicine, and emergency medicine.  2015 Acts, ch 30, 213, 218, 219; 2015 Acts, ch 57, 18  21; 2016 Acts, ch 1073, 57; 2019 Acts, ch 55, 1, 2; 2020 Acts, ch 1082, 1; 2021 Acts, ch 182, 63, 64  Referred to in 135.175  Subsection 1, NEW paragraph d  Subsection 2, paragraphs e and f amended 
135.177 Physician assistant mental health fellowship program  repeal. Repealed by its own terms;  2015 Acts, ch 30, 214  . 
135.178 Nurse residency state matching grants program.   The department shall establish a nurse residency state matching grants program to provide matching state funding to sponsors of nurse residency programs in this state to establish, expand, or support nurse residency programs that meet standards adopted by rule of the department. Funding for the program may be provided through the health care workforce shortage fund or the nurse residency state matching grants program account created in section 135.175. The department, in cooperation with the Iowa board of nursing, the department of education, Iowa institutions of higher education with board of nursing-approved programs to educate nurses, and the Iowa nurses association, shall adopt rules pursuant to chapter 17A to establish minimum standards for nurse residency programs to be eligible for a matching grant that address all of the following:   1. Eligibility requirements for and qualifications of a sponsor of a nurse residency program to receive a grant, including that the program includes both rural and urban components.   2. The application process for the grant.   3. Criteria for preference in awarding of the grants.   4. Determination of the amount of a grant.   5. Use of the funds awarded. Funds may be used to pay the costs of establishing, expanding, or supporting a nurse residency program as specified in this section, including but not limited to the costs associated with residency stipends and nursing faculty stipends.  2015 Acts, ch 30, 215, 218, 219; 2016 Acts, ch 1139, 76, 78, 79  Referred to in 135.175 
135.179 Fulfilling Iowas need for dentists.   1. The department, in cooperation with a dental nonprofit health service corporation, shall create the fulfilling Iowas need for dentists matching grant program.   2. Funding for the program may be provided through the health care workforce shortage fund or the fulfilling Iowas need for dentists matching grant program account created in section 135.175. The purpose of the program is to establish, expand, or support the placement of dentists in dental or rural shortage areas across the state by providing education loan repayments.   3. The department shall contract with a dental nonprofit health service corporation to implement and administer the program. The dental nonprofit health service corporation shall provide loan repayments to dentists who practice in a dental or rural shortage area as defined by the department.  2014 Acts, ch 1106, 10  Referred to in 135.175 
135.18 Conflicting statutes.   Provisions of this chapter in conflict with the state building code, as adopted pursuant to section 103A.7, shall not apply where the state building code has been adopted or when the state building code applies throughout the state.  [C73, 75, 77, 79, 81, 135.18]  2004 Acts, ch 1086, 33 
135.180 Mental health professional shortage area program. Repealed by 2017 Acts, ch 148, 19. 
135.181 Board-certified behavior analyst and board-certified assistant behavior analyst grants program  fund.   1. The department shall establish a board-certified behavior analyst and board-certified assistant behavior analyst grants program to provide grants to Iowa resident and nonresident applicants who have been accepted for admission or are attending a university, community college, or an accredited private institution, within or outside the state of Iowa, are enrolled in a program that is accredited and meets coursework requirements to prepare the applicant to be eligible for board certification as a behavior analyst or assistant behavior analyst, and demonstrate financial need.   2. The department, in cooperation with the department of education, shall adopt rules pursuant to chapter 17A to establish minimum standards for applicants to be eligible for a grant that address all of the following:   a. Eligibility requirements for and qualifications of an applicant to receive a grant. The applicant shall agree to practice in the state of Iowa for a period of time, not to exceed four years, as specified in the contract entered into between the applicant and the department at the time the grant is awarded. In addition, the applicant shall agree, as specified in the contract, that during the contract period, the applicant will assist in supervising an individual working toward board certification as a behavior analyst or assistant behavior analyst or to consult with schools and service providers that provide services and supports to individuals with autism.   b. The application process for the grant.   c. Criteria for preference in awarding of the grants. Priority in the awarding of a grant shall be given to applicants who are residents of Iowa.   d. Determination of the amount of a grant. The amount of funding awarded to each applicant shall be based on the applicants enrollment status, the number of applicants, and the total amount of available funds. The total amount of funds awarded to an individual applicant shall not exceed fifty percent of the total costs attributable to program tuition and fees, annually.   e. Use of the funds awarded. Funds awarded may be used to offset the costs attributable to tuition and fees for the accredited behavior analyst or assistant behavior analyst program.   3. a. A board-certified behavior analyst and board-certified assistant behavior analyst grants program fund is created in the state treasury as a separate fund under the control of the department. The fund shall consist of moneys appropriated from the general fund of the state for the purposes of the fund and moneys from any other public or private source available.   b. The department may receive contributions, grants, and in-kind contributions to support the purposes of the fund. Not more than five percent of the moneys in the fund may be used annually for administrative costs.   c. The fund shall be separate from the general fund of the state and shall not be considered part of the general fund of the state. The moneys in the fund shall not be considered revenue of the state, but rather shall be moneys of the fund. Moneys within the fund are not subject to section 8.33 and shall not be transferred, used, obligated, appropriated, or otherwise encumbered, except to provide for the purposes of this section. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund.   d. The moneys in the fund are appropriated to the department and shall be used to provide grants to individuals who meet the criteria established under this section.   4. The department shall submit a report to the governor and the general assembly no later than January 1, annually, that includes but is not limited to all of the following:   a. The number of applications received for the immediately preceding fiscal year.   b. The number of applications approved and the total amount of funding awarded in grants in the immediately preceding fiscal year.   c. The cost of administering the program in the immediately preceding fiscal year.   d. Recommendations for any changes to the program.  2015 Acts, ch 137, 68, 162, 163; 2016 Acts, ch 1139, 57, 58 
135.182 Reserved. Reserved. 
135.183 Reserved. Reserved. 
135.184 Reserved. Reserved. 
135.185 Epinephrine auto-injector supply.   1. For purposes of this section, unless the context otherwise requires:   a. Epinephrine auto-injector means the same as provided in section 280.16.   b. Facility means a food establishment as defined in section 137F.1, a carnival as defined in section 88A.1, a recreational camp, a youth sports facility, or a sports arena.   c. Licensed health care professional means the same as provided in section 280.16.   d. Personnel authorized to administer epinephrine means an employee or agent of a facility who is trained and authorized to administer an epinephrine auto-injector.   2. Notwithstanding any other provision of law to the contrary, a licensed health care professional may prescribe epinephrine auto-injectors in the name of a facility to be maintained for use as provided in this section.   3. A facility may obtain a prescription for epinephrine auto-injectors and maintain a supply of such auto-injectors in a secure location at each location where a member of the public may be present for use as provided in this section. A facility that obtains such a prescription shall replace epinephrine auto-injectors in the supply upon use or expiration. Personnel authorized to administer epinephrine may possess and administer epinephrine auto-injectors from the supply as provided in this section.   4. Personnel authorized to administer epinephrine may provide or administer an epinephrine auto-injector from the facilitys supply to an individual present at the facility if such personnel reasonably and in good faith believe the individual is having an anaphylactic reaction.   5. The following persons, provided they have acted reasonably and in good faith, shall not be liable for any injury arising from the provision, administration, or assistance in the administration of an epinephrine auto-injector as provided in this section:   a. Any personnel authorized to administer epinephrine who provide, administer, or assist in the administration of an epinephrine auto-injector to an individual present at the facility who such personnel believe to be having an anaphylactic reaction.   b. The owner or operator of the facility.   c. The prescriber of the epinephrine auto-injector.   6. The department of public health, the board of medicine, the board of nursing, and the board of pharmacy shall adopt rules pursuant to chapter 17A to implement and administer this section, including but not limited to standards and procedures for the prescription, distribution, storage, replacement, and administration of epinephrine auto-injectors, and for training and authorization to be required for personnel authorized to administer epinephrine.  2015 Acts, ch 68, 1; 2016 Acts, ch 1073, 58  Referred to in 155A.27 
135.186 Reserved. Reserved. 
135.187 Reserved. Reserved. 
135.188 Reserved. Reserved. 
135.189 Reserved. Reserved. 
135.19 Viral hepatitis program  awareness, vaccinations, and testing.   1. If sufficient funds are appropriated by the general assembly, the department shall establish and administer a viral hepatitis program. The goal of the program shall be to distribute information to citizens of this state who are at an increased risk for exposure to viral hepatitis regarding the higher incidence of hepatitis C exposure and infection among these populations, the dangers presented by the disease, and contacts for additional information and referrals. The program shall also make available hepatitis A and hepatitis B vaccinations, and hepatitis C testing.   2. The department shall establish by rule a list of individuals by category who are at increased risk for viral hepatitis exposure. The list shall be consistent with recommendations developed by the centers for disease control and prevention of the United States department of health and human services, and shall be developed in consultation with the Iowa viral hepatitis task force and the Iowa department of veterans affairs. The department shall also establish by rule what information is to be distributed and the form and manner of distribution. The rules shall also establish a vaccination and testing program, to be coordinated by the department through local health departments and clinics and other appropriate locations.  2006 Acts, ch 1045, 1; 2009 Acts, ch 182, 88; 2021 Acts, ch 76, 32  Subsection 2 amended 
135.190 Possession and administration of opioid antagonists  immunity.   1. For purposes of this section, unless the context otherwise requires:   a. Licensed health care professional means the same as defined in section 280.16.   b. Opioid antagonist means the same as defined in section 147A.1.   c. Opioid-related overdose means the same as defined in section 147A.1.   d. Person in a position to assist means a family member, friend, caregiver, health care provider, employee of a substance abuse treatment facility, or other person who may be in a place to render aid to a person at risk of experiencing an opioid-related overdose.   2. a. Notwithstanding any other provision of law to the contrary, a licensed health care professional may prescribe an opioid antagonist to a person in a position to assist.   b. (1) Notwithstanding any other provision of law to the contrary, a pharmacist licensed under chapter 155A may, by standing order or through collaborative agreement, dispense, furnish, or otherwise provide an opioid antagonist to a person in a position to assist.   (2) A pharmacist who dispenses, furnishes, or otherwise provides an opioid antagonist pursuant to a valid prescription, standing order, or collaborative agreement shall provide instruction to the recipient in accordance with any protocols and instructions developed by the department under this section.   3. A person in a position to assist may possess and provide or administer an opioid antagonist to an individual if the person in a position to assist reasonably and in good faith believes that such individual is experiencing an opioid-related overdose.   4. A person in a position to assist or a prescriber of an opioid antagonist who has acted reasonably and in good faith shall not be liable for any injury arising from the provision, administration, or assistance in the administration of an opioid antagonist as provided in this section.   5. The department may adopt rules pursuant to chapter 17A to implement and administer this section.  2016 Acts, ch 1061, 1; 2016 Acts, ch 1139, 68  70, 72  75  Referred to in 155A.27 
135.191 Stroke care  continuous quality improvement.   1. A nationally certified comprehensive stroke center or a nationally certified primary stroke center operating in the state shall report to the statewide stroke database data consistent with nationally recognized guidelines on the treatment of individuals with confirmed cases of stroke within the state. If a nationally certified comprehensive stroke center or nationally certified primary stroke center does not comply with this subsection by reporting data consistent with nationally recognized guidelines, the department may request a review of the certification of the comprehensive stroke center or the primary stroke center by the certifying entity.   2. The department, in partnership with the university of Iowa college of public health, department of epidemiology, shall do all of the following:   a. Maintain or utilize a statewide stroke database that compiles information and statistics on stroke care which aligns with nationally recognized stroke consensus metrics.   b. Utilize the get with the guidelines-stroke data set platform or a data tool with equivalent data measures and with confidentiality standards consistent with federal and state law and other health information and data collection, storage, and sharing requirements of the department.   c. Partner with national voluntary health organizations and stroke advocacy organizations that plan for achieving stroke care quality improvement to avoid duplication and redundancy.   d. Encourage nationally certified acute stroke-ready hospitals and emergency medical services agencies to report data consistent with nationally recognized guidelines on the treatment of individuals with confirmed cases of stroke within the state.  2017 Acts, ch 26, 1  Implementation of section contingent upon utilization of existing resources by the department of public health and shall not require appropriation of additional funding;  2017 Acts, ch 26, 2 
135.192 Protections of certain prospective recipients of anatomical gifts.   1. A hospital, physician, or other person shall not determine the ultimate recipient of an anatomical gift based upon a potential recipients disability, except to the extent that the disability has been found by a physician, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift.   2. Subsection 1 shall apply to each part of the anatomical gift process including all of the following:   a. The referral from a primary care provider to a specialist.   b. The referral from a specialist to a transplant center.   c. The evaluation of the patient for the transplant by the transplant hospital.   d. The consideration of the patient for placement on the list of potential transplant recipients pursuant to  42 C.F.R. 121.7  .   3. A person with a disability shall not be required to demonstrate postoperative independent living abilities in order to be placed on the list of potential transplant recipients pursuant to  42 C.F.R. 121.7   if there is evidence that the person will have sufficient, compensatory support and assistance.   4. A court shall accord priority on its calendar and handle expeditiously any action brought to seek any remedy authorized by law for purposes of enforcing compliance with this section.   5. This section shall not be deemed to require referrals or recommendations for, or the performance of, a medically inappropriate transplant of a part.   6. As used in this section:   a. Anatomical gift means the same as defined in section 142C.2.   b. Disability means the same as defined in the federal Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.  2020 Acts, ch 1101, 1 
135.2 Appointment of director and acting director.   1. a. The governor shall appoint the director of the department, subject to confirmation by the senate. The director shall serve at the pleasure of the governor. The director is exempt from the merit system provisions of chapter 8A, subchapter IV. The governor shall set the salary of the director within the range established by the general assembly.   b. The director shall possess education and experience in public health.   2. The director may appoint an employee of the department to be acting director, who shall have all the powers and duties possessed by the director. The director may appoint more than one acting director but only one acting director shall exercise the powers and duties of the director at any time.  [C97, S13, 2564; C24, 27, 31, 35, 39, 2182, 2184, 2185; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 135.2, 135.4, 135.5; C81, 135.2]  86 Acts, ch 1245, 1102; 88 Acts, ch 1158, 32; 2003 Acts, ch 145, 186; 2006 Acts, ch 1184, 75  Confirmation; 2.32 
135.20 Hepatitis C awareness program  veterans  vaccinations. Repealed by  2009 Acts, ch 182, 89  . 
135.21 Pay toilets.   No person shall make a charge or require any special device, key or slug for the use of a toilet located in a room provided for use of the public. Violation of this section is a simple misdemeanor.  [C24, 27, 31, 35, 39, 2839; C46, 50, 54, 58, 62, 66, 71, 73, 75, 170.34; C77, 732.25; C79, 81, 135.21] 
135.22 Central registry for brain or spinal cord injuries.   1. As used in this section:   a. Brain injury means clinically evident damage to the brain resulting directly or indirectly from trauma, infection, anoxia, vascular lesions, or tumor of the brain, not primarily related to a degenerative disease or aging process, which temporarily or permanently impairs a persons physical, cognitive, or behavioral functions, and is diagnosed by a physician. The diagnoses of clinically evident damage to the brain used for a diagnosis of brain injury shall be the same as specified by rule for eligibility for the home and community-based services waiver for persons with brain injury under the medical assistance program.   b. Spinal cord injury means the occurrence of an acute traumatic lesion of neural elements in the spinal cord including the spinal cord and cauda equina, resulting in temporary or permanent sensory deficit, motor deficit, or bladder or bowel dysfunction.   2. The director shall establish and maintain a central registry of persons with brain or spinal cord injuries in order to facilitate prevention strategies and the provision of appropriate rehabilitative services to the persons by the department and other state agencies. Hospitals shall report patients who are admitted with a brain or spinal cord injury and their diagnoses to the director no later than forty-five days after the close of a quarter in which the patient was discharged. The report shall contain the name, age, and residence of the person, the date, type, and cause of the brain or spinal cord injury, and additional information as the director requires, except that where available, hospitals shall report the Glasgow coma scale. The director shall consult with health care providers concerning the availability of additional relevant information. The department shall maintain the confidentiality of all information which would identify any person named in a report. However, the identifying information may be released for bona fide research purposes if the confidentiality of the identifying information is maintained by the researchers, or the identifying information may be released by the person with the brain or spinal cord injury or by the persons guardian or, if the person is a minor, by the persons parent or guardian.  89 Acts, ch 320, 10; 92 Acts, ch 1237, 6; 94 Acts, ch 1068, 3; 99 Acts, ch 141, 3; 2012 Acts, ch 1120, 66  Referred to in 135.22A, 225C.23, 335.25, 414.22 
135.22A Advisory council on brain injuries.   1. For purposes of this section, unless the context otherwise requires:   a. Brain injury means a brain injury as defined in section 135.22.   b. Council means the advisory council on brain injuries.   2. The advisory council on brain injuries is established. The following persons or their designees shall serve as ex officio, nonvoting members of the council:   a. The director of public health.   b. The director of human services and any division administrators of the department of human services so assigned by the director.   c. The director of the department of education.   d. The chief of the special education bureau of the department of education.   e. The administrator of the division of vocational rehabilitation services of the department of education.   f. The director of the department for the blind.   3. The council shall be composed of a minimum of nine members appointed by the governor in addition to the ex officio members, and the governor may appoint additional members. Insofar as practicable, the council shall include persons with brain injuries; family members of persons with brain injuries; representatives of industry, labor, business, and agriculture; representatives of federal, state, and local government; and representatives of religious, charitable, fraternal, civic, educational, medical, legal, veteran, welfare, and other professional groups and organizations. Members shall be appointed representing every geographic and employment area of the state and shall include members of both sexes. A simple majority of the members appointed by the governor shall constitute a quorum.   4. Members of the council appointed by the governor shall be appointed for terms of two years. Vacancies on the council shall be filled for the remainder of the term of the original appointment. Members whose terms expire may be reappointed.   5. The voting members of the council shall appoint a chairperson and a vice chairperson and other officers as the council deems necessary. The officers shall serve until their successors are appointed and qualified. Members of the council shall receive actual expenses for their services. Members may also be eligible to receive compensation as provided in section 7E.6. The council shall adopt rules pursuant to chapter 17A.   6. The council shall do all of the following:   a. Promote meetings and programs for the discussion of methods to reduce the debilitating effects of brain injuries, and disseminate information in cooperation with any other department, agency, or entity on the prevention, evaluation, care, treatment, and rehabilitation of persons affected by brain injuries.   b. Study and review current prevention, evaluation, care, treatment, and rehabilitation technologies and recommend appropriate preparation, training, retraining, and distribution of personnel and resources in the provision of services to persons with brain injuries through private and public residential facilities, day programs, and other specialized services.   c. Participate in developing and disseminating criteria and standards which may be required for future funding or licensing of facilities, day programs, and other specialized services for persons with brain injuries in this state.   d. Make recommendations to the governor for developing and administering a state plan to provide services for persons with brain injuries.   e. Meet at least quarterly.   7. The department is designated as Iowas lead agency for brain injury. For the purposes of this section, the designation of lead agency authorizes the department to perform or oversee the performance of those functions specified in subsection 6, paragraphs a through c. The council is assigned to the department for administrative purposes. The director shall be responsible for budgeting, program coordination, and related management functions.   8. The council may receive gifts, grants, or donations made for any of the purposes of its programs and disburse and administer them in accordance with their terms and under the direction of the director.  92 Acts, ch 1237, 7; 94 Acts, ch 1068, 4; 94 Acts, ch 1109, 2; 97 Acts, ch 203, 13; 99 Acts, ch 141, 4; 2000 Acts, ch 1058, 15; 2005 Acts, ch 89, 4; 2006 Acts, ch 1184, 77; 2013 Acts, ch 124, 2  Referred to in 135.22B  Recognition of brain injury as a disability, 225C.23 
135.22B Brain injury services program.   1. Definitions. For the purposes of this section:   a. Brain injury services waiver means the states medical assistance home and community-based services waiver for persons with brain injury implemented under chapter 249A.   b. Program administrator means the division of the department designated to administer the brain injury services program in accordance with subsection 2.   2. Program created.   a. A brain injury services program is created and shall be administered by a division of the Iowa department of public health in cooperation with counties and the department of human services.   b. The division of the department assigned to administer the advisory council on brain injuries under section 135.22A shall be the program administrator. The division duties shall include but are not limited to serving as the fiscal agent and contract administrator for the program and providing program oversight.   c. The division shall consult with the advisory council on brain injuries, established pursuant to section 135.22A, regarding the program and shall report to the council concerning the program at least quarterly. The council shall make recommendations to the department concerning the programs operation.   3. Purpose. The purpose of the brain injury services program is to provide services, service funding, or other support for persons with a brain injury under the cost-share program component or other components established pursuant to this section. Implementation of the cost-share component or any other component of the program is subject to the funding made available for the program.   4. General requirements  cost-share component. The cost-share component of the brain injury services program shall be directed to persons who have been determined to be ineligible for the brain injury services waiver or persons who are eligible for the waiver but funding was not authorized or available to provide waiver eligibility for the persons. The cost-share component is subject to general requirements which shall include but are not limited to all of the following:   a. Services offered are consistent with the services offered through the brain injury services waiver.   b. Each service consumer has a service plan developed prior to service implementation and the service plan is reviewed and updated at least quarterly.   c. All other funding sources for which the service consumer is eligible are utilized to the greatest extent possible. The funding sources potentially available include but are not limited to community resources and public and private benefit programs.   d. The maximum monthly cost of the services provided shall be based on the maximum monthly amount authorized for the brain injury services waiver.   e. Assistance under the cost-share component shall be made available to a designated number of service consumers who are eligible, as determined from the funding available for the cost-share component, on a first-come, first-served basis.   f. Nothing in this section shall be construed or is intended as, or shall imply, a grant of entitlement to services to persons who are eligible for participation in the cost-share component based upon the eligibility provisions adopted consistent with the requirements of this section. Any obligation to provide services pursuant to this section is limited to the extent of the funds appropriated or provided for the cost-share component.   5. Cost-share component eligibility. An individual must meet all of the following requirements in order to be eligible for the cost-share component of the brain injury services program:   a. The individual is age one month through sixty-four years.   b. The individual has a diagnosis of brain injury that meets the diagnosis eligibility criteria for the brain injury services waiver.   c. The individual is a resident of this state and either a United States citizen or a qualified alien as defined in 8 U.S.C. 1641.   d. The individual meets the cost-share components financial eligibility requirements and is willing to pay a cost-share for the cost-share component.   e. The individual does not receive services or funding under any type of medical assistance home and community-based services waiver.   6. Cost-share requirements.   a. The cost-share components financial eligibility requirements shall be established in administrative rule. In establishing the requirements, the department shall consider the eligibility and cost-share requirements used for the hawk-i program under chapter 514I.   b. An individuals cost-share responsibility for services under the cost-share component shall be determined on a sliding scale based upon the individuals family income. An individuals cost-share shall be assessed as a copayment, which shall not exceed thirty percent of the cost payable for the service.   c. The service provider shall bill the department for the portion of the cost payable for the service that is not covered by the individuals copayment responsibility.   7. Application process.   a. The application materials for services under the cost-share component of the brain injury services program shall use the application form and other materials of the brain injury services waiver. In order to apply for the brain injury services program, the applicant must authorize the department of human services to provide the applicants waiver application materials to the brain injury services program. The application materials provided shall include but are not limited to the waiver application and any denial letter, financial assessment, and functional assessment regarding the person.   b. If a functional assessment for the waiver has not been completed due to a persons financial ineligibility for the waiver, the brain injury services program may provide for a functional assessment to determine the persons needs by reimbursing the department of human services for the assessment.   c. The program administrator shall file copies of the individuals application and needs assessment with the program resource facilitator assigned to the individuals geographic area.   d. The departments program administrator shall make a final determination as to whether program funding will be authorized under the cost-share component.   8. Service providers and reimbursement. All of the following requirements apply to service providers and reimbursement rates payable for services under the cost-share component:   a. A service provider must either be certified to provide services under the brain injury services waiver or have a contract with a county to provide services and will become certified to provide services under such waiver within a reasonable period of time specified in rule.   b. The reimbursement rate payable for the cost of a service provided under the cost-share component is the rate payable under the medical assistance program. However, if the service provided does not have a medical assistance program reimbursement rate, the rate shall be the amount payable under the county contract.   9. Resource facilitation. The program shall utilize resource facilitators to facilitate program services. The resource facilitator shall be available to provide ongoing support for individuals with brain injury in coping with the issues of living with a brain injury and in assisting such individuals in transitioning back to employment and living in the community. The resource facilitator is intended to provide a linkage to existing services and increase the capacity of the states providers of services to persons with brain injury by doing all of the following:   a. Providing brain injury-specific information, support, and resources.   b. Enhancing the usage of support commonly available to an individual with brain injury from the community, family, and personal contacts and linking such individuals to appropriate services and community resources.   c. Training service providers to provide appropriate brain injury services.   d. Accessing, securing, and maximizing the private and public funding available to support an individual with a brain injury.  2006 Acts, ch 1114, 1; 2007 Acts, ch 126, 35; 2008 Acts, ch 1058, 3; 2008 Acts, ch 1187, 106  108 
135.24 Volunteer health care provider program established  immunity from civil liability.   1. The director shall establish within the department a program to provide to eligible hospitals, clinics, free clinics, field dental clinics, specialty health care provider offices, or other health care facilities, health care referral programs, or charitable organizations, free medical, dental, chiropractic, pharmaceutical, nursing, optometric, psychological, social work, behavioral science, podiatric, physical therapy, occupational therapy, respiratory therapy, and emergency medical care services given on a voluntary basis by health care providers. A participating health care provider shall register with the department and obtain from the department a list of eligible, participating hospitals, clinics, free clinics, field dental clinics, specialty health care provider offices, or other health care facilities, health care referral programs, or charitable organizations.   2. The department, in consultation with the department of human services, shall adopt rules to implement the volunteer health care provider program which shall include the following:   a. Procedures for registration of health care providers deemed qualified by the board of medicine, the board of physician assistants, the dental board, the board of nursing, the board of chiropractic, the board of psychology, the board of social work, the board of behavioral science, the board of pharmacy, the board of optometry, the board of podiatry, the board of physical and occupational therapy, the board of respiratory care and polysomnography, and the Iowa department of public health, as applicable.   b. Procedures for registration of free clinics, field dental clinics, and specialty health care provider offices.   c. Criteria for and identification of hospitals, clinics, free clinics, field dental clinics, specialty health care provider offices, or other health care facilities, health care referral programs, or charitable organizations, eligible to participate in the provision of free medical, dental, chiropractic, pharmaceutical, nursing, optometric, psychological, social work, behavioral science, podiatric, physical therapy, occupational therapy, respiratory therapy, or emergency medical care services through the volunteer health care provider program. A free clinic, a field dental clinic, a specialty health care provider office, a health care facility, a health care referral program, a charitable organization, or a health care provider participating in the program shall not bill or charge a patient for any health care provider service provided under the volunteer health care provider program.   d. Identification of the services to be provided under the program. The services provided may include but shall not be limited to obstetrical and gynecological medical services, psychiatric services provided by a physician licensed under chapter 148, dental services provided under chapter 153, or other services provided under chapter 147A, 148A, 148B, 148C, 149, 151, 152, 152B, 152E, 154, 154B, 154C, 154D, 154F, or 155A.   3. A health care provider providing free care under this section shall be considered an employee of the state under chapter 669, shall be afforded protection as an employee of the state under section 669.21, and shall not be subject to payment of claims arising out of the free care provided under this section through the health care providers own professional liability insurance coverage, provided that the health care provider has done all of the following:   a. Registered with the department pursuant to subsection 1.   b. Provided medical, dental, chiropractic, pharmaceutical, nursing, optometric, psychological, social work, behavioral science, podiatric, physical therapy, occupational therapy, respiratory therapy, or emergency medical care services through a hospital, clinic, free clinic, field dental clinic, specialty health care provider office, or other health care facility, health care referral program, or charitable organization listed as eligible and participating by the department pursuant to subsection 1.   4. A free clinic providing free care under this section shall be considered a state agency solely for the purposes of this section and chapter 669 and shall be afforded protection under chapter 669 as a state agency for all claims arising from the provision of free care by a health care provider registered under subsection 3 who is providing services at the free clinic in accordance with this section or from the provision of free care by a health care provider who is covered by adequate medical malpractice insurance as determined by the department, if the free clinic has registered with the department pursuant to subsection 1.   5. A field dental clinic providing free care under this section shall be considered a state agency solely for the purposes of this section and chapter 669 and shall be afforded protection under chapter 669 as a state agency for all claims arising from the provision of free care by a health care provider registered under subsection 3 who is providing services at the field dental clinic in accordance with this section or from the provision of free care by a health care provider who is covered by adequate medical malpractice insurance, as determined by the department, if the field dental clinic has registered with the department pursuant to subsection 1.   6. A specialty health care provider office providing free care under this section shall be considered a state agency solely for the purposes of this section and chapter 669 and shall be afforded protection under chapter 669 as a state agency for all claims arising from the provision of free care by a health care provider registered under subsection 3 who is providing services at the specialty health care provider office in accordance with this section or from the provision of free care by a health care provider who is covered by adequate medical malpractice insurance, as determined by the department, if the specialty health care provider office has registered with the department pursuant to subsection 1.   7. For the purposes of this section:   a. Charitable organization means a charitable organization within the meaning of section 501(c)(3) of the Internal Revenue Code.   b. Field dental clinic means a dental clinic temporarily or periodically erected at a location utilizing mobile dental equipment, instruments, or supplies, as necessary, to provide dental services.   c. Free clinic means a facility, other than a hospital or health care providers office which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code and which has as its sole purpose the provision of health care services without charge to individuals who are otherwise unable to pay for the services.   d. Health care provider means a physician licensed under chapter 148; a chiropractor licensed under chapter 151; a physical therapist licensed pursuant to chapter 148A; an occupational therapist licensed pursuant to chapter 148B; a podiatrist licensed pursuant to chapter 149; a physician assistant licensed and practicing under a supervising physician pursuant to chapter 148C; a licensed practical nurse, a registered nurse, or an advanced registered nurse practitioner licensed pursuant to chapter 152 or 152E; a respiratory therapist licensed pursuant to chapter 152B; a dentist, dental hygienist, or dental assistant registered or licensed to practice under chapter 153; an optometrist licensed pursuant to chapter 154; a psychologist licensed pursuant to chapter 154B; a social worker licensed pursuant to chapter 154C; a mental health counselor, marital and family therapist, behavior analyst, or assistant behavior analyst licensed pursuant to chapter 154D; a speech pathologist or audiologist licensed pursuant to chapter 154F; a pharmacist licensed pursuant to chapter 155A; or an emergency medical care provider certified pursuant to chapter 147A.   e. Specialty health care provider office means the private office or clinic of an individual specialty health care provider or group of specialty health care providers, but does not include a field dental clinic, a free clinic, or a hospital.  93 Acts, ch 65, 1; 95 Acts, ch 121, 1; 98 Acts, ch 1027, 1  6; 2001 Acts, ch 176, 31; 2002 Acts, ch 1108, 8; 2003 Acts, ch 89, 1; 2005 Acts, ch 118, 1  6; 2007 Acts, ch 10, 20; 2007 Acts, ch 95, 1; 2007 Acts, ch 159, 18; 2007 Acts, ch 218, 101, 193; 2008 Acts, ch 1088, 84, 85; 2009 Acts, ch 118, 43; 2009 Acts, ch 133, 32; 2015 Acts, ch 70, 1; 2018 Acts, ch 1106, 1, 14; 2019 Acts, ch 85, 66  Referred to in 135.24A, 135M.2 
135.24A Free clinics  volunteer record check.   1. For purposes of this section, free clinic means a free clinic as defined in section 135.24 that is also a network of free clinics in this state that offers operational and collaborative opportunities to free clinics.   2. Persons who are potential volunteers or volunteers in a free clinic in a position having direct individual contact with patients of the free clinic shall be subject to criminal history and child and dependent adult abuse record checks in accordance with this section. The free clinic shall request that the department of public safety perform the criminal history check and the department of human services perform child and dependent adult abuse record checks of the person in this state and may request these checks in other states.   3. A free clinic subject to this section shall establish an evaluation process to determine whether a crime of founded child or dependent adult abuse warrants prohibition of the persons participation as a volunteer in the free clinic. The evaluation process shall not be less stringent than the evaluation process performed by the department of human services and shall be approved by the department of human services.  2018 Acts, ch 1104, 1, 5  Referred to in 235A.15, 235B.6 
135.25 Emergency medical services fund.   An emergency medical services fund is created in the state treasury under the control of the department. The fund includes, but is not limited to, amounts appropriated by the general assembly, amounts transferred pursuant to section 602.8108, subsection 4, and other moneys available from federal or private sources which are to be used for purposes of this section. Funds remaining in the fund at the end of each fiscal year shall not revert to the general fund of the state but shall remain in the emergency medical services fund, notwithstanding section 8.33. The fund is established to assist counties by matching, on a dollar-for-dollar basis, moneys spent by a county for the acquisition of equipment for the provision of emergency medical services and by providing grants to counties for education and training in the delivery of emergency medical services, as provided in this section and section 422D.6. A county seeking matching funds under this section shall apply to the emergency medical services division of the department. The department shall adopt rules concerning the application and awarding process for the matching funds and the criteria for the allocation of moneys in the fund if the moneys are insufficient to meet the emergency medical services needs of the counties. Moneys allocated by the department to a county for emergency medical services purposes may be used for equipment or training and education as determined by the board of supervisors pursuant to section 422D.6.  93 Acts, ch 58, 1; 2000 Acts, ch 1043, 1; 2020 Acts, ch 1074, 49, 93  Referred to in 144.45A, 147A.6, 147A.23, 321.34, 602.8108 
135.26 Automated external defibrillator grant program. Repealed by 2017 Acts, ch 148, 24. 
135.27 Iowa healthy communities initiative  grant program.   1. Program goals. The department shall establish a grant program to energize local communities to transform the existing culture into a culture that promotes healthy lifestyles and leads collectively, community by community, to a healthier state. The grant program shall expand an existing healthy communities initiative to assist local boards of health, in collaboration with existing community resources, to build community capacity in addressing the prevention of chronic disease that results from risk factors including overweight and obesity conditions.   2. Distribution of grants. The department shall distribute the grants on a competitive basis and shall support the grantee communities in planning and developing wellness strategies and establishing methodologies to sustain the strategies. Grant criteria shall be consistent with the existing statewide initiative between the department and the departments partners that promotes increased opportunities for physical activity and healthy eating for Iowans of all ages, or its successor, and the statewide comprehensive plan developed by the existing statewide initiative to increase physical activity, improve nutrition, and promote healthy behaviors. Grantees shall demonstrate an ability to maximize local, state, and federal resources effectively and efficiently.   3. Departmental support. The department shall provide support to grantees including capacity-building strategies, technical assistance, consultation, and ongoing evaluation.   4. Eligibility. Local boards of health representing a coalition of health care providers and community and private organizations are eligible to submit applications.  2006 Acts, ch 1006, 1, 2; 2008 Acts, ch 1188, 60 
135.27A Governors council on physical fitness and nutrition. Repealed by 2011 Acts, ch 129, 94, 156. 
135.28 State substitute medical decision-making board. Repealed by 2010 Acts, ch 1031, 399. 
135.29 Local substitute medical decision-making board. Repealed by 2017 Acts, ch 148, 24. 
135.3 Disqualifications.   The director shall not hold any other lucrative office of this state, elective or appointive, during the directors term; provided, however, that the director may serve without compensation as an officer or member of the instructional staff of any of the state educational institutions if any such additional duties and responsibilities do not prohibit the director from performing the duties of the office of director.  [C97, S13, 2564; C24, 27, 31, 35, 39, 2183; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.3] 
135.30 Protective eyeglasses  safety provisions. Repealed by  2009 Acts, ch 56, 12  . 
135.30A Breast-feeding in public places.   Notwithstanding any other provision of law to the contrary, a woman may breast-feed the womans own child in any public place where the womans presence is otherwise authorized.  2000 Acts, ch 1140, 21 
135.31 Location of boards  rulemaking.   The offices for the board of medicine, the board of pharmacy, the board of nursing, and the dental board shall be located within the department of public health. The individual boards shall have policymaking and rulemaking authority.  86 Acts, ch 1245, 1107; 2005 Acts, ch 3, 30; 2007 Acts, ch 10, 21; 2007 Acts, ch 218, 194 
135.32 Publication and distribution. Repealed by 2012 Acts, ch 1113, 19. 
135.33 Refusal of board to enforce rules.   If any local board shall fail to enforce the rules of the state department or carry out its lawful directions, the department may enforce the same within the territorial jurisdiction of such local board, and for that purpose it may exercise all of the powers given by statute to the local board, and may employ the necessary assistants to carry out its lawful directions.  [C97, 2572; S13, 2569-a, 2572; C24, 27, 31, 35, 39, 2212; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.33]  Powers of local board, chapter 137 
135.34 Expenses for enforcing rules.   All expenses incurred by the state department in determining whether its rules are enforced by a local board, and in enforcing the same when a local board has failed to do so, shall be paid in the same manner as the expenses of enforcing such rules when enforced by the local board.  [S13, 2572; C24, 27, 31, 35, 39, 2213; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.34] 
135.35 Duty of peace officers.   All peace officers of the state when called upon by the department shall enforce its rules and execute the lawful orders of the department within their respective jurisdictions.  [C97, 2572; S13, 2572; C24, 27, 31, 35, 39, 2214; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.35] 
135.36 Interference with health officer  penalties.   Any person resisting or interfering with the department, its employees, or authorized agents, in the discharge of any duty imposed by law shall be guilty of a simple misdemeanor.  [C24, 27, 31, 35, 39, 2215; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.36] 
135.37 Tattooing  permit requirement  penalty.   1. A person shall not own, control and lease, act as an agent for, conduct, manage, or operate an establishment to practice the art of tattooing or engage in the practice of tattooing without first applying for and receiving a permit from the Iowa department of public health.   2. A minor shall not obtain a tattoo and a person shall not provide a tattoo to a minor. For the purposes of this section, minor means an unmarried person who is under the age of eighteen years.   3. A person who fails to meet the requirements of subsection 1 or a person providing a tattoo to a minor is guilty of a serious misdemeanor.   4. The Iowa department of public health shall:   a. Adopt rules pursuant to chapter 17A and establish and collect all fees necessary to administer this section. The provisions of chapter 17A, including licensing provisions, judicial review, and appeal, shall apply to this chapter.   b. Establish minimum safety and sanitation criteria for the operation of tattooing establishments.   5. If the Iowa department of public health determines that a provision of this section has been or is being violated, the department may order that a tattooing establishment not be operated until the necessary corrective action has been taken. If the establishment continues to be operated in violation of the order of the department, the department may request that the county attorney or the attorney general make an application in the name of the state to the district court of the county in which the violations have occurred for an order to enjoin the violations. This remedy is in addition to any other legal remedy available to the department.   6. As necessary to avoid duplication and promote coordination of public health inspection and enforcement activities, the department may enter into agreements with local boards of health to provide for inspection of tattooing establishments and enforcement activities in accordance with the rules and criteria implemented under this section.  89 Acts, ch 154, 1; 2008 Acts, ch 1058, 4; 2009 Acts, ch 133, 33  Referred to in 157.3A 
135.37A Natural hair braiding.   A person shall register with the department in order to perform a commercial service involving natural hair braiding. For purposes of this section, natural hair braiding means a method of natural hair care consisting of braiding, locking, twisting, weaving, cornrowing, or otherwise physically manipulating hair without the use of chemicals to alter the hairs physical characteristics that incorporates both traditional and modern styling techniques.  2016 Acts, ch 1138, 12 
135.38 Penalty.   Any person who knowingly violates any provision of this chapter, or of the rules of the department, or any lawful order, written or oral, of the department or of its officers, or authorized agents, shall be guilty of a simple misdemeanor.  [C73, 419; C97, 2573; S13, 2575-a6; C24, 27, 31, 35, 39, 2217; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.38]  Referred to in 135.39E 
135.39 Federal aid.   The state department of public health is hereby authorized to accept financial aid from the government of the United States for the purpose of assisting in carrying on public health or substance abuse responsibility in the state of Iowa.  [C31, 35, 2217-c1; C39, 2217.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.39]  86 Acts, ch 1245, 1108 
135.39A Gifts and grants fund  appropriation.   The department is authorized to accept gifts, grants, or allotments of funds from any source to be used for programs authorized by this chapter or any other chapter which the department is responsible for administering. A public health gifts and grants fund is created as a separate fund in the state treasury under the control of the department. The fund shall consist of gift or grant moneys obtained from any source, including the federal government. The moneys collected under this section and deposited in the fund are appropriated to the department for the public health purposes specified in the gift or grant. Moneys in the fund shall not be subject to appropriation or expenditure for any other purpose. Notwithstanding section 8.33, moneys in the public health gifts and grants fund at the end of each fiscal year shall not revert to any other fund but shall remain in the public health gifts and grants fund for expenditure for subsequent fiscal years.  2004 Acts, ch 1168, 1 
135.39B Early childhood immunizations  content.   1. Beginning January 1, 2006, early childhood immunizations administered in this state shall not contain more than trace amounts of mercury.   2. For the purposes of this section:   a. Early childhood immunizations means immunizations administered to children under eight years of age, unless otherwise provided in this section.   b. Trace amounts means trace amounts as defined by the United States food and drug administration.   3. The prohibition under this section shall not apply to early childhood immunizations for influenza or in times of emergency or epidemic as determined by the director of public health. If an emergency or epidemic is determined to exist by the director of public health under this subsection, the director of public health shall notify the state board of health, the governor, and the legislative council, and shall notify the public upon request.  2004 Acts, ch 1159, 1 
135.39C Elderly wellness services  payor of last resort.   The department shall implement elderly wellness services in a manner that ensures that the services provided are not payable by a third-party source.  2005 Acts, ch 175, 76 
135.39D Vision screening.   1. The parent or guardian of a child to be enrolled in a public or accredited nonpublic elementary school shall ensure that the child is screened for vision impairment at least once before enrollment in kindergarten and again before enrollment in grade three. The parent or guardian of the child shall ensure that evidence of the vision screening is provided to the school district or accredited nonpublic school in which the child is enrolled. Evidence of the vision screening may be provided either directly from the parent or guardian or from a vision screening provider referred to in subsection 2, and may be provided in either written or electronic form.   2. The requirement for vision screening may be satisfied by any of the following:   a. A vision screening or comprehensive eye examination by a licensed ophthalmologist or licensed optometrist.   b. A vision screening conducted at a pediatricians or family practice physicians office, a free clinic, a child care center, a local public health department, a public or accredited nonpublic school, or a community-based organization, or by an advanced registered nurse practitioner or physician assistant.   c. An online vision screening, which may be conducted by a childs parent or guardian.   d. A photoscreening vision screening, including a vision screening by Iowa kidsight.   3. All vision screening methods pursuant to subsection 2, including emerging vision screening technologies, shall be age-appropriate and shall be approved by the department in consultation with leading vision organizations in the state, licensed ophthalmologists, and licensed optometrists.   4. A person who performs a vision screening required pursuant to this section shall report the results of the vision screening to the department. The department may collect and maintain such reports through the statewide immunization registry or a private contractor.   5. Each public and accredited nonpublic elementary school shall, in collaboration with the department, do the following:   a. Provide the parents or guardians of students with vision screening referral resources.   b. Arrange for evidence of vision screenings provided pursuant to subsection 1 to be forwarded to the department.   6. A child shall not be prohibited from attending school based upon the failure of a parent or guardian to ensure that the child has received the vision screening required by this section.   7. If a vision screening required pursuant to this section identifies potential vision impairment in a child, the person who performed the vision screening shall, if the person is not a licensed ophthalmologist or licensed optometrist, refer the child to a licensed ophthalmologist or licensed optometrist for a comprehensive eye examination.   8. The department shall establish procedures to contact parents or guardians of children identified as having potential vision impairment based on the results of a vision screening required pursuant to subsection 1 or a comprehensive eye examination required pursuant to subsection 7 in order to provide information on obtaining necessary vision correction.   9. The department may share information with licensed health care providers, agencies, and other persons involved with vision screenings, eye examinations, follow-up services, and intervention services as necessary to administer this section. The department shall adopt rules to protect the confidentiality of the individuals involved.   10. The vision screening requirement shall not apply if the vision screening conflicts with a parents or guardians genuine and sincere religious belief.   11. A person who acts in good faith in complying with this section shall not be civilly or criminally liable for reporting the information required to be reported by this section.   12. The department shall adopt rules necessary to administer this section.  2013 Acts, ch 76, 1  See also 280.7A 
135.39E Fluoridation in public water supply  notice of discontinuance.   1. At least ninety days prior to taking any action to permanently discontinue fluoridation in its water supply, an owner or operator of a public water supply system, as defined in section 455B.171, shall provide notice to the oral and health delivery systems bureau established in section 135.15 and the public water supply systems customers.   2. In order to provide notice to its customers, the owner or operator of the public water supply system shall place a notice on each customers water bill or provide notice in a way that is reasonably calculated so that all customers will receive the notice.   3. Section 135.38 does not apply to violations of this section.  2021 Acts, ch 63, 1  NEW section 
135.40 Collection and distribution of information.   1. Any person, hospital, sanatorium, nursing or rest home, or other organization may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to the department, the Iowa medical society or any of its allied medical societies, the Iowa osteopathic medical association, any in-hospital staff committee, or the Iowa healthcare collaborative, to be used in the course of any study for the purpose of reducing morbidity or mortality, and no liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization that has acted reasonably and in good faith, by reason of having provided such information or material, or by reason of having released or published the findings and conclusions of such groups to advance medical research and medical education, or by reason of having released or published generally a summary of such studies.   2. For the purposes of this section, and section 135.41, the Iowa healthcare collaborative means an organization which is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code and which is established to provide direction to promote quality, safety, and value improvement collaborative efforts by hospitals and physicians.  [C66, 71, 73, 75, 77, 79, 81, 135.40]  2006 Acts, ch 1128, 1 
135.41 Publication.   The department, the Iowa medical society or any of its allied medical societies, the Iowa osteopathic medical association, any in-hospital staff committee, or the Iowa healthcare collaborative shall use or publish said material only for the purpose of advancing medical research or medical education in the interest of reducing morbidity or mortality, except that a summary of such studies may be released by any such group for general publication. In all events the identity of any person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances. A violation of this section shall constitute a simple misdemeanor.  [C66, 71, 73, 75, 77, 79, 81, 135.41]  2006 Acts, ch 1128, 2  Referred to in 135.40 
135.42 Unlawful use.   All information, interviews, reports, statements, memoranda, or other data furnished in accordance with this subchapter and any findings or conclusions resulting from such studies shall not be used or offered or received in evidence in any legal proceedings of any kind or character, but nothing contained in this subchapter shall be construed as affecting the admissibility as evidence of the primary medical or hospital records pertaining to the patient or of any other writing, record or reproduction thereof not contemplated by this subchapter.  [C66, 71, 73, 75, 77, 79, 81, 135.42]  2019 Acts, ch 24, 104; 2020 Acts, ch 1063, 59 
135.43 Iowa child death review team established  duties.   1. An Iowa child death review team is established as part of the office of the state medical examiner. The office of the state medical examiner shall provide staffing and administrative support to the team.   2. The membership of the review team is subject to the provisions of sections 69.16 and 69.16A, relating to political affiliation and gender balance. Review team members who are not designated by another appointing authority shall be appointed by the state medical examiner. Membership terms shall be for three years. A membership vacancy shall be filled in the same manner as the original appointment. The review team shall elect a chairperson and other officers as deemed necessary by the review team. The review team shall meet upon the call of the state medical examiner or as determined by the review team. The review team shall include the following:   a. The state medical examiner or the state medical examiners designee.   b. A certified or licensed professional who is knowledgeable concerning sudden infant death syndrome.   c. A pediatrician who is knowledgeable concerning deaths of children.   d. A family practice physician who is knowledgeable concerning deaths of children.   e. One mental health professional who is knowledgeable concerning deaths of children.   f. One social worker who is knowledgeable concerning deaths of children.   g. A certified or licensed professional who is knowledgeable concerning domestic violence.   h. A professional who is knowledgeable concerning substance abuse.   i. A local law enforcement official.   j. A county attorney.   k. An emergency room nurse who is knowledgeable concerning the deaths of children.   l. A perinatal expert.   m. A representative of the health insurance industry.   n. One other member who is appointed at large.   3. The review team shall perform the following duties:   a. Collect, review, and analyze child death certificates and child death data, including patient records or other pertinent confidential information concerning the deaths of children under age eighteen, and other information as the review team deems appropriate for use in preparing an annual report to the governor and the general assembly concerning the causes and manner of child deaths. The report shall include analysis of factual information obtained through review and recommendations regarding prevention of child deaths.   b. Recommend to the governor and the general assembly interventions to prevent deaths of children based on an analysis of the cause and manner of such deaths.   c. Recommend to the agencies represented on the review team changes which may prevent child deaths.   d. Except as authorized by this section, maintain the confidentiality of any patient records or other confidential information reviewed.   e. Recommend to the department of human services, appropriate law enforcement agencies, and any other person involved with child protection, interventions that may prevent harm to a child who is related to or is living in the same home as a child whose case is reviewed by the team.   f. If the sharing of information is necessary to assist in or initiate a child death investigation or criminal prosecution and the office or agency receiving the information does not otherwise have access to the information, share information possessed by the review team with the office of the attorney general, a county attorneys office, or an appropriate law enforcement agency. The office or agency receiving the information shall maintain the confidentiality of the information in accordance with this section. Unauthorized release or disclosure of the information received is subject to penalty as provided in this section.   g. In order to assist a division of the department in performing the divisions duties, if the division does not otherwise have access to the information, share information possessed by the review team. The division receiving the information shall maintain the confidentiality of the information in accordance with this section. Unauthorized release or disclosure of the information received is subject to penalty as provided in this section.   4. The review team shall develop protocols for a child fatality review committee, to be appointed by the state medical examiner on an ad hoc basis, to immediately review the child abuse assessments which involve the fatality of a child under age eighteen. The state medical examiner shall appoint a medical examiner, a pediatrician, and a person involved with law enforcement to the committee.   a. The purpose of the review shall be to determine whether the department of human services and others involved with the case of child abuse responded appropriately. The protocols shall provide for the committee to consult with any multidisciplinary team, as defined in section 235A.13, that is operating in the area in which the fatality occurred.   b. The committee shall have access to patient records and other pertinent confidential information and, subject to the restrictions in this subsection, may redisseminate the confidential information in the committees report.   c. Upon completion of the review, the committee shall issue a report which shall include findings concerning the case and recommendations for changes to prevent child fatalities when similar circumstances exist. The report shall include but is not limited to the following information, subject to the restrictions listed in paragraph d:   (1) The dates, outcomes, and results of any actions taken by the department of human services and others in regard to each report and allegation of child abuse involving the child who died.   (2) The results of any review of the case performed by a multidisciplinary team, or by any other public entity that reviewed the case.   (3) Confirmation of receipt by the department of human services of any report of child abuse involving the child, including confirmation as to whether or not any assessment involving the child was performed in accordance with section 232.71B, the results of any assessment, a description of the most recent assessment and the services offered to the family, the services rendered to the family, and the basis for the departments decisions concerning the case.   d. Prior to issuing the report, the committee shall consult with the county attorney responsible for prosecution of the alleged perpetrator of the child fatality. The committees report shall include child abuse information associated with the case and the child, but is subject to the restrictions applicable to the department of human services for release of information concerning a child fatality or near fatality in accordance with section 235A.15, subsection 9.   e. Following the completion of the trial of any alleged perpetrator of the child fatality and the appeal period for the granting of a new trial, the committee shall issue a supplemental report containing the information that was withheld, in accordance with paragraph d, so as not to jeopardize the prosecution or the rights of the alleged perpetrator to a fair trial as described in section 235A.15, subsection 9, paragraphs e and f.   f. The report and any supplemental report shall be submitted to the governor and general assembly.   g. If deemed appropriate by the committee, at any point in the review the committee may recommend to the department of human services, appropriate law enforcement agencies, and any other person involved with child protection, interventions that may prevent harm to a child who is related to or is living in the same home as a child whose case is reviewed by the committee.   5. a. The following individuals shall designate a liaison to assist the review team in fulfilling its responsibilities:   (1) The director of public health.   (2) The director of human services.   (3) The commissioner of public safety.   (4) The attorney general.   (5) The director of transportation.   (6) The director of the department of education.   b. In addition, the chairperson of the review team shall designate a liaison from the public at large to assist the review team in fulfilling its responsibilities.   6. The review team may establish subcommittees to which the team may delegate some or all of the teams responsibilities under subsection 3.   7. a. The state medical examiner, the Iowa department of public health, and the department of human services shall adopt rules providing for disclosure of information which is confidential under chapter 22 or any other provision of state law, to the review team for purposes of performing its child death and child abuse review responsibilities.   b. A person in possession or control of medical, investigative, assessment, or other information pertaining to a child death and child abuse review shall allow the inspection and reproduction of the information by the office of the state medical examiner upon the request of the office, to be used only in the administration and for the duties of the Iowa child death review team. Except as provided for a report on a child fatality by an ad hoc child fatality review committee under subsection 4, information and records produced under this section which are confidential under section 22.7 and chapter 235A, and information or records received from the confidential records, remain confidential under this section. A person does not incur legal liability by reason of releasing information to the department or the office of the state medical examiner as required under and in compliance with this section.   8. Review team members and their agents are immune from any liability, civil or criminal, which might otherwise be incurred or imposed as a result of any act, omission, proceeding, decision, or determination undertaken or performed, or recommendation made as a review team member or agent provided that the review team members or agents acted in good faith and without malice in carrying out their official duties in their official capacity. The state medical examiner shall adopt rules pursuant to chapter 17A to administer this subsection. A complainant bears the burden of proof in establishing malice or lack of good faith in an action brought against review team members involving the performance of their duties and powers under this section.   9. A person who releases or discloses confidential data, records, or any other type of information in violation of this section is guilty of a serious misdemeanor.  95 Acts, ch 147, 2; 97 Acts, ch 159, 3, 4; 2000 Acts, ch 1051, 1; 2000 Acts, ch 1137, 1  3, 14; 2002 Acts, ch 1119, 129, 130; 2005 Acts, ch 6, 1  3; 2005 Acts, ch 179, 118; 2007 Acts, ch 159, 19, 20; 2009 Acts, ch 182, 108  111; 2010 Acts, ch 1069, 14; 2019 Acts, ch 85, 82; 2021 Acts, ch 76, 33, 34  Referred to in 216A.133, 691.6  Legislative findings and purpose;  95 Acts, ch 147, 1  Subsection 2, paragraph n amended  Subsection 4, paragraph c, subparagraph (3) amended 
135.45 Repealed by  2005 Acts, ch 89, 39  . 
135.46 Repealed by  2005 Acts, ch 89, 39  . 
135.47 Repealed by  2005 Acts, ch 89, 39  . 
135.48 Repealed by  2005 Acts, ch 89, 39  . 
135.6 Assistants and employees.   The director shall employ such assistants and employees as may be authorized by law, and the persons appointed shall perform duties as may be assigned to them by the director.  [C97, S13, 2564; C24, 27, 31, 35, 39, 2186; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.6]  86 Acts, ch 1245, 1103 
135.61 Definitions.   As used in this subchapter, unless the context otherwise requires:   1. Affected persons means, with respect to an application for a certificate of need:   a. The person submitting the application.   b. Consumers who would be served by the new institutional health service proposed in the application.   c. Each institutional health facility or health maintenance organization which is located in the geographic area which would appropriately be served by the new institutional health service proposed in the application. The appropriate geographic service area of each institutional health facility or health maintenance organization shall be determined on a uniform basis in accordance with criteria established in rules adopted by the department.   d. Each institutional health facility or health maintenance organization which, prior to receipt of the application by the department, has formally indicated to the department pursuant to this subchapter an intent to furnish in the future institutional health services similar to the new institutional health service proposed in the application.   e. Any other person designated as an affected person by rules of the department.   f. Any payer or third-party payer for health services.   2. Birth center means a facility or institution, which is not an ambulatory surgical center or a hospital or in a hospital, in which births are planned to occur following a normal, uncomplicated, low-risk pregnancy.   3. Consumer means any individual whose occupation is other than health services, who has no fiduciary obligation to an institutional health facility, health maintenance organization or other facility primarily engaged in delivery of services provided by persons in health service occupations, and who has no material financial interest in the providing of any health services.   4. Council means the state health facilities council established by this subchapter.   5. Department means the Iowa department of public health.   6. Develop, when used in connection with health services, means to undertake those activities which on their completion will result in the offer of a new institutional health service or the incurring of a financial obligation in relation to the offering of such a service.   7. Director means the director of public health, or the directors designee.   8. Financial reporting means reporting by which hospitals and health care facilities shall respectively record their revenues, expenses, other income, other outlays, assets and liabilities, and units of services.   9. Health care facility means health care facility as defined in section 135C.1.   10. Health care provider means a person licensed or certified under chapter 147, 148, 148A, 148C, 149, 151, 152, 153, 154, 154B, 154F, or 155A to provide in this state professional health care service to an individual during that individuals medical care, treatment, or confinement.   11. Health maintenance organization means health maintenance organization as defined in section 514B.1, subsection 6.   12. Health services means clinically related diagnostic, curative, or rehabilitative services, and includes alcoholism, drug abuse, and mental health services.   13. Hospital means hospital as defined in section 135B.1, subsection 3.   14. Institutional health facility means any of the following, without regard to whether the facilities referred to are publicly or privately owned or are organized for profit or not or whether the facilities are part of or sponsored by a health maintenance organization:   a. A hospital.   b. A health care facility.   c. An organized outpatient health facility.   d. An outpatient surgical facility.   e. A community mental health facility.   f. A birth center.   15. Institutional health service means any health service furnished in or through institutional health facilities or health maintenance organizations, including mobile health services.   16. Mobile health service means equipment used to provide a health service that can be transported from one delivery site to another.   17. Modernization means the alteration, repair, remodeling, replacement or renovation of existing buildings or of the equipment previously installed therein, or both.   18. New institutional health service or changed institutional health service means any of the following:   a. The construction, development or other establishment of a new institutional health facility regardless of ownership.   b. Relocation of an institutional health facility.   c. Any capital expenditure, lease, or donation by or on behalf of an institutional health facility in excess of one million five hundred thousand dollars within a twelve-month period.   d. A permanent change in the bed capacity, as determined by the department, of an institutional health facility. For purposes of this paragraph, a change is permanent if it is intended to be effective for one year or more.   e. Any expenditure in excess of five hundred thousand dollars by or on behalf of an institutional health facility for health services which are or will be offered in or through an institutional health facility at a specific time but which were not offered on a regular basis in or through that institutional health facility within the twelve-month period prior to that time.   f. The deletion of one or more health services, previously offered on a regular basis by an institutional health facility or health maintenance organization or the relocation of one or more health services from one physical facility to another.   g. Any acquisition by or on behalf of a health care provider or a group of health care providers of any piece of replacement equipment with a value in excess of one million five hundred thousand dollars, whether acquired by purchase, lease, or donation.   h. Any acquisition by or on behalf of a health care provider or group of health care providers of any piece of equipment with a value in excess of one million five hundred thousand dollars, whether acquired by purchase, lease, or donation, which results in the offering or development of a health service not previously provided. A mobile service provided on a contract basis is not considered to have been previously provided by a health care provider or group of health care providers.   i. Any acquisition by or on behalf of an institutional health facility or a health maintenance organization of any piece of replacement equipment with a value in excess of one million five hundred thousand dollars, whether acquired by purchase, lease, or donation.   j. Any acquisition by or on behalf of an institutional health facility or health maintenance organization of any piece of equipment with a value in excess of one million five hundred thousand dollars, whether acquired by purchase, lease, or donation, which results in the offering or development of a health service not previously provided. A mobile service provided on a contract basis is not considered to have been previously provided by an institutional health facility.   k. Any air transportation service for transportation of patients or medical personnel offered through an institutional health facility at a specific time but which was not offered on a regular basis in or through that institutional health facility within the twelve-month period prior to the specific time.   l. Any mobile health service with a value in excess of one million five hundred thousand dollars.   m. Any of the following:   (1) Cardiac catheterization service.   (2) Open heart surgical service.   (3) Organ transplantation service.   (4) Radiation therapy service applying ionizing radiation for the treatment of malignant disease using megavoltage external beam equipment.   19. Offer, when used in connection with health services, means that an institutional health facility, health maintenance organization, health care provider, or group of health care providers holds itself out as capable of providing, or as having the means to provide, specified health services.   20. Organized outpatient health facility means a facility, not part of a hospital, organized and operated to provide health care to noninstitutionalized and nonhomebound persons on an outpatient basis; it does not include private offices or clinics of individual physicians, dentists or other practitioners, or groups of practitioners, who are health care providers.   21. Outpatient surgical facility means a facility which as its primary function provides, through an organized medical staff and on an outpatient basis to patients who are generally ambulatory, surgical procedures not ordinarily performed in a private physicians office, but not requiring twenty-four hour hospitalization, and which is neither a part of a hospital nor the private office of a health care provider who there engages in the lawful practice of surgery. Outpatient surgical facility includes a facility certified or seeking certification as an ambulatory surgical center, under the federal Medicare program or under the medical assistance program established pursuant to chapter 249A.   22. Technologically innovative equipment means equipment potentially useful for diagnostic or therapeutic purposes which introduces new technology in the diagnosis or treatment of disease, the usefulness of which is not well enough established to permit a specific plan of need to be developed for the state.  [C79, 81, 135.61; 82 Acts, ch 1194, 1, 2]  87 Acts, ch 215, 39; 91 Acts, ch 225, 1; 97 Acts, ch 93, 1, 2; 2002 Acts, ch 1162, 77; 2008 Acts, ch 1088, 86; 2019 Acts, ch 24, 104  Referred to in 135.63, 135.131, 135P.1, 505.27, 708.3A 
135.62 Department to administer subchapter  health facilities council established  appointments  powers and duties.   1. This subchapter shall be administered by the department. The director shall employ or cause to be employed the necessary persons to discharge the duties imposed on the department by this subchapter.   2. There is established a state health facilities council consisting of five persons appointed by the governor. The council shall be within the department for administrative and budgetary purposes.   a. Qualifications. The members of the council shall be chosen so that the council as a whole is broadly representative of various geographical areas of the state and no more than three of its members are affiliated with the same political party. Each council member shall be a person who has demonstrated by prior activities an informed concern for the planning and delivery of health services. A member of the council and any spouse of a member shall not, during the time that member is serving on the council, do either of the following:   (1) Be a health care provider nor be otherwise directly or indirectly engaged in the delivery of health care services nor have a material financial interest in the providing or delivery of health services.   (2) Serve as a member of any board or other policymaking or advisory body of an institutional health facility, a health maintenance organization, or any health or hospital insurer.   b. Appointments. Terms of council members shall be six years, beginning and ending as provided in section 69.19. A member shall be appointed in each odd-numbered year to succeed each member whose term expires in that year. Vacancies shall be filled by the governor for the balance of the unexpired term. Each appointment to the council is subject to confirmation by the senate. A council member is ineligible for appointment to a second consecutive term, unless first appointed to an unexpired term of three years or less.   c. Chairperson. The governor shall designate one of the council members as chairperson. That designation may be changed not later than July 1 of any odd-numbered year, effective on the date of the organizational meeting held in that year under paragraph d.   d. Meetings. The council shall hold an organizational meeting in July of each odd-numbered year, or as soon thereafter as the new appointee or appointees are confirmed and have qualified. Other meetings shall be held as necessary to enable the council to expeditiously discharge its duties. Meeting dates shall be set upon adjournment or by call of the chairperson upon five days notice to the other members.   e. Duties. The council shall do all of the following:   (1) Make the final decision, as required by section 135.69, with respect to each application for a certificate of need accepted by the department.   (2) Determine and adopt such policies as are authorized by law and are deemed necessary to the efficient discharge of its duties under this subchapter.   (3) Have authority to direct staff personnel of the department assigned to conduct formal or summary reviews of applications for certificates of need.   (4) Advise and counsel with the director concerning the provisions of this subchapter and the policies and procedures adopted by the department pursuant to this subchapter.   (5) Review and approve, prior to promulgation, all rules adopted by the department under this subchapter.  [C79, 81, 135.62]  86 Acts, ch 1245, 1109; 88 Acts, ch 1277, 26; 90 Acts, ch 1256, 30; 91 Acts, ch 225, 2, 3; 97 Acts, ch 93, 3; 2009 Acts, ch 41, 40; 2019 Acts, ch 24, 104; 2019 Acts, ch 85, 83  Confirmation, see 2.32 
135.63 Certificate of need required  exclusions.   1. A new institutional health service or changed institutional health service shall not be offered or developed in this state without prior application to the department for and receipt of a certificate of need, pursuant to this subchapter. The application shall be made upon forms furnished or prescribed by the department and shall contain such information as the department may require under this subchapter. The application shall be accompanied by a fee equivalent to three-tenths of one percent of the anticipated cost of the project with a minimum fee of six hundred dollars and a maximum fee of twenty-one thousand dollars. The fee shall be remitted by the department to the treasurer of state, who shall place it in the general fund of the state. If an application is voluntarily withdrawn within thirty calendar days after submission, seventy-five percent of the application fee shall be refunded; if the application is voluntarily withdrawn more than thirty but within sixty days after submission, fifty percent of the application fee shall be refunded; if the application is withdrawn voluntarily more than sixty days after submission, twenty-five percent of the application fee shall be refunded. Notwithstanding the required payment of an application fee under this subsection, an applicant for a new institutional health service or a changed institutional health service offered or developed by an intermediate care facility for persons with an intellectual disability or an intermediate care facility for persons with mental illness as defined pursuant to section 135C.1 is exempt from payment of the application fee.   2. This subchapter shall not be construed to augment, limit, contravene, or repeal in any manner any other statute of this state which may authorize or relate to licensure, regulation, supervision, or control of, nor to be applicable to:   a. Private offices and private clinics of an individual physician, dentist, or other practitioner or group of health care providers, except as provided by section 135.61, subsection 18, paragraphs g, h, and m, and section 135.61, subsections 20 and 21.   b. Dispensaries and first aid stations, located within schools, businesses, or industrial establishments, which are maintained solely for the use of students or employees of those establishments and which do not contain inpatient or resident beds that are customarily occupied by the same individual for more than twenty-four consecutive hours.   c. Establishments such as motels, hotels, and boarding houses which provide medical, nursing personnel, and other health related services as an incident to their primary business or function.   d. The remedial care or treatment of residents or patients in any home or institution conducted only for those who rely solely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any recognized church or religious denomination.   e. A health maintenance organization or combination of health maintenance organizations or an institutional health facility controlled directly or indirectly by a health maintenance organization or combination of health maintenance organizations, except when the health maintenance organization or combination of health maintenance organizations does any of the following:   (1) Constructs, develops, renovates, relocates, or otherwise establishes an institutional health facility.   (2) Acquires major medical equipment as provided by section 135.61, subsection 18, paragraphs i and j.   f. A residential care facility, as defined in section 135C.1, including a residential care facility for persons with an intellectual disability, notwithstanding any provision in this subchapter to the contrary.   g. (1) A reduction in bed capacity of an institutional health facility, notwithstanding any provision in this subchapter to the contrary, if all of the following conditions exist:   (a) The institutional health facility reports to the department the number and type of beds reduced on a form prescribed by the department at least thirty days before the reduction. In the case of a health care facility, the new bed total must be consistent with the number of licensed beds at the facility. In the case of a hospital, the number of beds must be consistent with bed totals reported to the department of inspections and appeals for purposes of licensure and certification.   (b) The institutional health facility reports the new bed total on its next annual report to the department.   (2) If these conditions are not met, the institutional health facility is subject to review as a new institutional health service or changed institutional health service under section 135.61, subsection 18, paragraph d, and subject to sanctions under section 135.73. If the institutional health facility reestablishes the deleted beds at a later time, review as a new institutional health service or changed institutional health service is required pursuant to section 135.61, subsection 18, paragraph d.   h. (1) The deletion of one or more health services, previously offered on a regular basis by an institutional health facility or health maintenance organization, notwithstanding any provision of this subchapter to the contrary, if all of the following conditions exist:   (a) The institutional health facility or health maintenance organization reports to the department the deletion of the service or services at least thirty days before the deletion on a form prescribed by the department.   (b) The institutional health facility or health maintenance organization reports the deletion of the service or services on its next annual report to the department.   (2) If these conditions are not met, the institutional health facility or health maintenance organization is subject to review as a new institutional health service or changed institutional health service under section 135.61, subsection 18, paragraph f, and subject to sanctions under section 135.73.   (3) If the institutional health facility or health maintenance organization reestablishes the deleted service or services at a later time, review as a new institutional health service or changed institutional health service may be required pursuant to section 135.61, subsection 18.   i. A residential program exempt from licensing as a health care facility under chapter 135C in accordance with section 135C.6, subsection 8.   j. The construction, modification, or replacement of nonpatient care services, including parking facilities, heating, ventilation and air conditioning systems, computers, telephone systems, medical office buildings, and other projects of a similar nature, notwithstanding any provision in this subchapter to the contrary.   k. (1) The redistribution of beds by a hospital within the acute care category of bed usage, notwithstanding any provision in this subchapter to the contrary, if all of the following conditions exist:   (a) The hospital reports to the department the number and type of beds to be redistributed on a form prescribed by the department at least thirty days before the redistribution.   (b) The hospital reports the new distribution of beds on its next annual report to the department.   (2) If these conditions are not met, the redistribution of beds by the hospital is subject to review as a new institutional health service or changed institutional health service pursuant to section 135.61, subsection 18, paragraph d, and is subject to sanctions under section 135.73.   l. The replacement or modernization of any institutional health facility if the replacement or modernization does not add new health services or additional bed capacity for existing health services, notwithstanding any provision in this subchapter to the contrary. With respect to a nursing facility, replacement means establishing a new facility within the same county as the prior facility to be closed. With reference to a hospital, replacement means establishing a new hospital that demonstrates compliance with all of the following criteria through evidence submitted to the department:   (1) Is designated as a critical access hospital pursuant to 42 U.S.C. 1395i-4.   (2) Serves at least seventy-five percent of the same service area that was served by the prior hospital to be closed and replaced by the new hospital.   (3) Provides at least seventy-five percent of the same services that were provided by the prior hospital to be closed and replaced by the new hospital.   (4) Is staffed by at least seventy-five percent of the same staff, including medical staff, contracted staff, and employees, as constituted the staff of the prior hospital to be closed and replaced by the new hospital.   m. Hemodialysis services provided by a hospital or freestanding facility, notwithstanding any provision in this subchapter to the contrary.   n. Hospice services provided by a hospital, notwithstanding any provision in this subchapter to the contrary.   o. The change in ownership, licensure, organizational structure, or designation of the type of institutional health facility if the health services offered by the successor institutional health facility are unchanged. This exclusion is applicable only if the institutional health facility consents to the change in ownership, licensure, organizational structure, or designation of the type of institutional health facility and ceases offering the health services simultaneously with the initiation of the offering of health services by the successor institutional health facility.   p. The conversion of an existing number of beds by an intermediate care facility for persons with an intellectual disability to a smaller facility environment, including but not limited to a community-based environment which does not result in an increased number of beds, notwithstanding any provision in this subchapter to the contrary, including subsection 4, if all of the following conditions exist:   (1) The intermediate care facility for persons with an intellectual disability reports the number and type of beds to be converted on a form prescribed by the department at least thirty days before the conversion.   (2) The intermediate care facility for persons with an intellectual disability reports the conversion of beds on its next annual report to the department.   3. This subchapter shall not be construed to be applicable to a health care facility operated by and for the exclusive use of members of a religious order, which does not admit more than two individuals to the facility from the general public, and which was in operation prior to July 1, 1986. However, this subchapter is applicable to such a facility if the facility is involved in the offering or developing of a new or changed institutional health service on or after July 1, 1986.   4. A copy of the application shall be sent to the department of human services at the time the application is submitted to the Iowa department of public health. The department shall not process applications for and the council shall not consider a new or changed institutional health service for an intermediate care facility for persons with an intellectual disability unless both of the following conditions are met:   a. The new or changed beds shall not result in an increase in the total number of medical assistance certified intermediate care facility beds for persons with an intellectual disability in the state, exclusive of those beds at the state resource centers or other state institutions, beyond one thousand six hundred thirty-six beds.   b. A letter of support for the application is provided by the county board of supervisors, or the boards designee, in the county in which the beds would be located.  [C79, 81, 135.63; 82 Acts, ch 1194, 3]  86 Acts, ch 1150, 1; 86 Acts, ch 1245, 1110; 91 Acts, ch 225, 4; 92 Acts, ch 1043, 1; 92 Acts, ch 1206, 1; 95 Acts, ch 120, 1; 96 Acts, ch 1129, 113; 97 Acts, ch 93, 4  8; 2002 Acts, ch 1120, 10; 2006 Acts, ch 1184, 78; 2008 Acts, ch 1191, 47; 2009 Acts, ch 184, 38; 2012 Acts, ch 1019, 7  10; 2019 Acts, ch 24, 104  Referred to in 135.66, 135B.5A, 135C.2, 231C.3 
135.64 Criteria for evaluation of applications.   1. In determining whether a certificate of need shall be issued, the department and council shall consider the following:   a. The contribution of the proposed institutional health service in meeting the needs of the medically underserved, including persons in rural areas, low-income persons, racial and ethnic minorities, persons with disabilities, and the elderly, as well as the extent to which medically underserved residents in the applicants service area are likely to have access to the proposed institutional health service.   b. The relationship of the proposed institutional health services to the long-range development plan, if any, of the person providing or proposing the services.   c. The need of the population served or to be served by the proposed institutional health services for those services.   d. The distance, convenience, cost of transportation, and accessibility to health services for persons who live outside metropolitan areas.   e. The availability of alternative, less costly, or more effective methods of providing the proposed institutional health services.   f. The immediate and long-term financial feasibility of the proposal presented in the application, as well as the probable impact of the proposal on the costs of and charges for providing health services by the person proposing the new institutional health service.   g. The relationship of the proposed institutional health services to the existing health care system of the area in which those services are proposed to be provided.   h. The appropriate and efficient use or prospective use of the proposed institutional health service, and of any existing similar services, including but not limited to a consideration of the capacity of the sponsors facility to provide the proposed service, and possible sharing or cooperative arrangements among existing facilities and providers.   i. The availability of resources, including, but not limited to, health care providers, management personnel, and funds for capital and operating needs, to provide the proposed institutional health services and the possible alternative uses of those resources to provide other health services.   j. The appropriate and nondiscriminatory utilization of existing and available health care providers. Where both allopathic and osteopathic institutional health services exist, each application shall be considered in light of the availability and utilization of both allopathic and osteopathic facilities and services in order to protect the freedom of choice of consumers and health care providers.   k. The relationship, including the organizational relationship, of the proposed institutional health services to ancillary or support services.   l. Special needs and circumstances of those entities which provide a substantial portion of their services or resources, or both, to individuals not residing in the immediate geographic area in which the entities are located, which entities may include but are not limited to medical and other health professional schools, multidisciplinary clinics, and specialty centers.   m. The special needs and circumstances of health maintenance organizations.   n. The special needs and circumstances of biomedical and behavioral research projects designed to meet a national need and for which local conditions offer special advantages.   o. The impact of relocation of an institutional health facility or health maintenance organization on other institutional health facilities or health maintenance organizations and on the needs of the population to be served, or which was previously served, or both.   p. In the case of a construction project, the costs and methods of the proposed construction and the probable impact of the proposed construction project on total health care costs.   q. In the case of a proposal for the addition of beds to a health care facility, the consistency of the proposed addition with the plans of other agencies of this state responsible for provision and financing of long-term care services, including home health services.   r. The recommendations of staff personnel of the department assigned to the area of certificate of need, concerning the application, if requested by the council.   2. In addition to the findings required with respect to any of the criteria listed in subsection 1 of this section, the council shall grant a certificate of need for a new institutional health service or changed institutional health service only if it finds in writing, on the basis of data submitted to it by the department, that:   a. Less costly, more efficient, or more appropriate alternatives to the proposed institutional health service are not available and the development of such alternatives is not practicable;   b. Any existing facilities providing institutional health services similar to those proposed are being used in an appropriate and efficient manner;   c. In the case of new construction, alternatives including but not limited to modernization or sharing arrangements have been considered and have been implemented to the maximum extent practicable;   d. Patients will experience serious problems in obtaining care of the type which will be furnished by the proposed new institutional health service or changed institutional health service, in the absence of that proposed new service.   3. In the evaluation of applications for certificates of need submitted by the university of Iowa hospitals and clinics, the unique features of that institution relating to statewide tertiary health care, health science education, and clinical research shall be given due consideration. Further, in administering this subchapter, the unique capacity of university hospitals for the evaluation of technologically innovative equipment and other new health services shall be utilized.  [C79, 81, 135.64]  91 Acts, ch 225, 5; 92 Acts, ch 1043, 2; 96 Acts, ch 1129, 113; 2002 Acts, ch 1120, 11; 2014 Acts, ch 1026, 29; 2019 Acts, ch 24, 104  Referred to in 135.65, 135.66, 135.72 
135.65 Letter of intent to precede application  review and comment.   1. Before applying for a certificate of need, the sponsor of a proposed new institutional health service or changed institutional health service shall submit to the department a letter of intent to offer or develop a service requiring a certificate of need. The letter shall be submitted as soon as possible after initiation of the applicants planning process, and in any case not less than thirty days before applying for a certificate of need and before substantial expenditures to offer or develop the service are made. The letter shall include a brief description of the proposed new or changed service, its location, and its estimated cost.   2. Upon request of the sponsor of the proposed new or changed service, the department shall make a preliminary review of the letter for the purpose of informing the sponsor of the project of any factors which may appear likely to result in denial of a certificate of need, based on the criteria for evaluation of applications in section 135.64. A comment by the department under this section shall not constitute a final decision.  [C79, 81, 135.65]  91 Acts, ch 225, 6; 97 Acts, ch 93, 9  Referred to in 135.67 
135.66 Procedure upon receipt of application  public notification.   1. Within fifteen business days after receipt of an application for a certificate of need, the department shall examine the application for form and completeness and accept or reject it. An application shall be rejected only if it fails to provide all information required by the department pursuant to section 135.63, subsection 1. The department shall promptly return to the applicant any rejected application, with an explanation of the reasons for its rejection.   2. Upon acceptance of an application for a certificate of need, the department shall promptly undertake to notify all affected persons in writing that formal review of the application has been initiated. Notification to those affected persons who are consumers or third-party payers or other payers for health services may be provided by distribution of the pertinent information to the news media.   3. Each application accepted by the department shall be formally reviewed for the purpose of furnishing to the council the information necessary to enable it to determine whether or not to grant the certificate of need. A formal review shall consist at a minimum of the following steps:   a. Evaluation of the application against the criteria specified in section 135.64.   b. A public hearing on the application, to be held prior to completion of the evaluation required by paragraph a, shall be conducted by the council.   4. When a hearing is to be held pursuant to subsection 3, paragraph b, the department shall give at least ten days notice of the time and place of the hearing. At the hearing, any affected person or that persons designated representative shall have the opportunity to present testimony.  [C79, 81, 135.66]  91 Acts, ch 225, 7  Referred to in 135.70 
135.67 Summary review procedure.   1. The department may waive the letter of intent procedures prescribed by section 135.65 and substitute a summary review procedure, which shall be established by rules of the department, when it accepts an application for a certificate of need for a project which meets any of the criteria in paragraphs a through e:   a. A project which is limited to repair or replacement of a facility or equipment damaged or destroyed by a disaster, and which will not expand the facility nor increase the services provided beyond the level existing prior to the disaster.   b. A project necessary to enable the facility or service to achieve or maintain compliance with federal, state, or other appropriate licensing, certification, or safety requirements.   c. A project which will not change the existing bed capacity of the applicants facility or service, as determined by the department, by more than ten percent or ten beds, whichever is less, over a two-year period.   d. A project the total cost of which will not exceed one hundred fifty thousand dollars.   e. Any other project for which the applicant proposes and the department agrees to summary review.   2. The departments decision to disallow a summary review shall be binding upon the applicant.  [C79, 81, 135.67]  91 Acts, ch 225, 8  10; 2009 Acts, ch 41, 191  Referred to in 135.72 
135.68 Status reports on review in progress.   While formal review of an application for a certificate of need is in progress, the department shall upon request inform any affected person of the status of the review, any findings which have been made in the course of the review, and any other appropriate information concerning the review.  [C79, 81, 135.68] 
135.69 Council to make final decision.   1. The department shall complete its formal review of the application within ninety days after acceptance of the application, except as otherwise provided by section 135.72, subsection 4. Upon completion of the formal review, the council shall approve or deny the application. The council shall issue written findings stating the basis for its decision on the application, and the department shall send copies of the councils decision and the written findings supporting the decision to the applicant and to any other person who so requests.   2. Failure by the council to issue a written decision on an application for a certificate of need within the time required by this section shall constitute denial of and final administrative action on the application.  [C79, 81, 135.69]  91 Acts, ch 225, 11; 2018 Acts, ch 1041, 127  Referred to in 135.62, 135.70, 135.72 
135.7 Bonds.   The director shall require every employee who collects fees or handles funds belonging to the state to give an official bond, properly conditioned and signed by sufficient sureties, in a sum to be fixed by the director which bond shall be approved by the director and filed in the office of the secretary of state.  [C24, 27, 31, 35, 39, 2187; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.7] 
135.70 Appeal of certificate of need decisions.   The councils decision on an application for certificate of need, when announced pursuant to section 135.69, is a final decision. Any dissatisfied party who is an affected person with respect to the application, and who participated or sought unsuccessfully to participate in the formal review procedure prescribed by section 135.66, may request a rehearing in accordance with chapter 17A and rules of the department. If a rehearing is not requested or an affected party remains dissatisfied after the request for rehearing, an appeal may be taken in the manner provided by chapter 17A. Notwithstanding the Iowa administrative procedure Act, chapter 17A, a request for rehearing is not required, prior to appeal under section 17A.19.  [C79, 81, 135.70]  91 Acts, ch 225, 12 
135.71 Period for which certificate is valid  extension or revocation.   1. A certificate of need shall be valid for a maximum of one year from the date of issuance. Upon the expiration of the certificate, or at any earlier time while the certificate is valid the holder thereof shall provide the department such information on the development of the project covered by the certificate as the department may request. The council shall determine at the end of the certification period whether sufficient progress is being made on the development of the project. The certificate of need may be extended by the council for additional periods of time as are reasonably necessary to expeditiously complete the project, but may be revoked by the council at the end of the first or any subsequent certification period for insufficient progress in developing the project.   2. Upon expiration of certificate of need, and prior to extension thereof, any affected person shall have the right to submit to the department information which may be relevant to the question of granting an extension. The department may call a public hearing for this purpose.  [C79, 81, 135.71]  97 Acts, ch 93, 10; 2018 Acts, ch 1041, 127 
135.72 Authority to adopt rules.   The department shall adopt, with approval of the council, such administrative rules as are necessary to enable it to implement this subchapter. These rules shall include:   1. Additional procedures and criteria for review of applications for certificates of need.   2. Uniform procedures for variations in application of criteria specified by section 135.64 for use in formal review of applications for certificates of need, when such variations are appropriate to the purpose of a particular review or to the type of institutional health service proposed in the application being reviewed.   3. Uniform procedures for summary reviews conducted under section 135.67.   4. Criteria for determining when it is not feasible to complete formal review of an application for a certificate of need within the time limits specified in section 135.69. The rules adopted under this subsection shall include criteria for determining whether an application proposes introduction of technologically innovative equipment, and if so, procedures to be followed in reviewing the application. However, a rule adopted under this subsection shall not permit a deferral of more than sixty days beyond the time when a decision is required under section 135.69, unless both the applicant and the department agree to a longer deferment.  [C79, 81, 135.72]  91 Acts, ch 225, 13; 2019 Acts, ch 24, 104  Referred to in 135.69 
135.73 Sanctions.   1. Any party constructing a new institutional health facility or an addition to or renovation of an existing institutional health facility without first obtaining a certificate of need or, in the case of a mobile health service, ascertaining that the mobile health service has received certificate of need approval, as required by this subchapter, shall be denied licensure or change of licensure by the appropriate responsible licensing agency of this state.   2. A party violating this subchapter shall be subject to penalties in accordance with this section. The department shall adopt rules setting forth the violations by classification, the criteria for the classification of any violation not listed, and procedures for implementing this subsection.   a. A class I violation is one in which a party offers a new institutional health service or changed institutional health service modernization or acquisition without review and approval by the council. A party in violation is subject to a penalty of three hundred dollars for each day of a class I violation. The department may seek injunctive relief which shall include restraining the commission or continuance of an act which would violate the provisions of this paragraph. Notice and opportunity to be heard shall be provided to a party pursuant to  rule of civil procedure 1.1507   and contested case procedures in accordance with chapter 17A. The department may reduce, alter, or waive a penalty upon the party showing good faith compliance with the departments request to immediately cease and desist from conduct in violation of this section.   b. A class II violation is one in which a party violates the terms or provisions of an approved application. The department may seek injunctive relief which shall include restraining the commission or continuance of or abating or eliminating an act which would violate the provisions of this subsection. Notice and opportunity to be heard shall be provided to a party pursuant to  rule of civil procedure 1.1507   and contested case procedures in accordance with chapter 17A. The department may reduce, alter, or waive a penalty upon the party showing good faith compliance with the departments request to immediately cease and desist from conduct in violation of this section. A class II violation shall be abated or eliminated within a stated period of time determined by the department and specified by the department in writing. The period of time may be modified by the department for good cause shown. A party in violation may be subject to a penalty of five hundred dollars for each day of a class II violation.   3. Notwithstanding any other sanction imposed pursuant to this section, a party offering or developing any new institutional health service or changed institutional health service without first obtaining a certificate of need as required by this subchapter may be temporarily or permanently restrained from doing so by any court of competent jurisdiction in any action brought by the state, any of its political subdivisions, or any other interested person.   4. The sanctions provided by this section are in addition to, and not in lieu of, any penalty prescribed by law for the acts against which these sanctions are invoked.  [C79, 81, 135.73]  91 Acts, ch 225, 14; 2019 Acts, ch 24, 104  Referred to in 135.63 
135.74 Uniform financial reporting.   1. The department, after study and in consultation with any advisory committees which may be established pursuant to law, shall promulgate by rule pursuant to chapter 17A uniform methods of financial reporting, including such allocation methods as may be prescribed, by which hospitals and health care facilities shall respectively record their revenues, expenses, other income, other outlays, assets and liabilities, and units of service, according to functional activity center. These uniform methods of financial reporting shall not preclude a hospital or health care facility from using any accounting methods for its own purposes provided these accounting methods can be reconciled to the uniform methods of financial reporting prescribed by the department and can be audited for validity and completeness. Each hospital and each health care facility shall adopt the appropriate system for its fiscal year, effective upon such date as the department shall direct.   2. In establishing uniform methods of financial reporting, the department shall consider all of the following:   a. The existing systems of accounting and reporting currently utilized by hospitals and health care facilities.   b. Differences among hospitals and health care facilities, respectively, according to size, financial structure, methods of payment for services, and scope, type and method of providing services.   c. Other pertinent distinguishing factors.   3. The department shall, where appropriate, provide for modification, consistent with the purposes of this subchapter, of reporting requirements to correctly reflect the differences among hospitals and among health care facilities referred to in subsection 2, and to avoid otherwise unduly burdensome costs in meeting the requirements of uniform methods of financial reporting.   4. The uniform financial reporting methods, where appropriate, shall be structured so as to establish and differentiate costs incurred for patient-related services rendered by hospitals and health care facilities, as distinguished from those incurred in the course of educational, research and other nonpatient-related activities including but not limited to charitable activities of these hospitals and health care facilities.  [C79, 81, 135.74]  2013 Acts, ch 30, 27; 2019 Acts, ch 24, 104; 2020 Acts, ch 1063, 60  Referred to in 135.78, 135.79 
135.75 Annual reports by hospitals, health care facilities.   1. Each hospital and each health care facility shall annually, after the close of its fiscal year, file all of the following with the department:   a. A balance sheet detailing the assets, liabilities and net worth of the hospital or health care facility.   b. A statement of its income and expenses.   c. Such other reports of the costs incurred in rendering services as the department may prescribe.   2. Where more than one licensed hospital or health care facility is operated by the reporting organization, the information required by this section shall be reported separately for each licensed hospital or health care facility. The department shall require preparation of specified financial reports by a certified public accountant, and may require attestation of responsible officials of the reporting hospital or health care facility that the reports submitted are to the best of their knowledge and belief prepared in accordance with the prescribed methods of reporting. The department shall have the right to inspect the books, audits and records of any hospital or health care facility as reasonably necessary to verify reports submitted pursuant to this subchapter.   3. In obtaining the reports required by this section, the department and other state agencies shall coordinate their reporting requirements.   4. All reports filed under this section, except privileged medical information, shall be open to public inspection.  [C79, 81, 135.75]  2013 Acts, ch 30, 28; 2019 Acts, ch 24, 104  Referred to in 135.78, 135.79 
135.76 Analyses and studies by department.   1. The department shall from time to time undertake analyses and studies relating to hospital and health care facility costs and to the financial status of hospitals or health care facilities, or both, which are subject to the provisions of this subchapter. It shall further require the filing of information concerning the total financial needs of each individual hospital or health care facility and the resources currently or prospectively available to meet these needs, including the effect of proposals made by health systems agencies. The department shall also prepare and file such summaries and compilations or other supplementary reports based on the information filed with it as will, in its judgment, advance the purposes of this subchapter.   2. The analyses and studies required by this section shall be conducted with the objective of providing a basis for determining whether or not regulation of hospital and health care facility rates and charges by the state of Iowa is necessary to protect the health or welfare of the people of the state.   3. In conducting its analyses and studies, the department should determine whether:   a. The rates charged and costs incurred by hospitals and health care facilities are reasonably related to the services offered by those respective groups of institutions.   b. Aggregate rates of hospitals and of health care facilities are reasonably related to the aggregate costs incurred by those respective groups of institutions.   c. Rates are set equitably among all purchasers or classes of purchasers of hospital and of health care facility services.   d. The rates for particular services, supplies or materials established by hospitals and by health care facilities are reasonable. Determination of reasonableness of rates shall include consideration of a fair rate of return to proprietary hospitals and health care facilities.   4. All data gathered and compiled and all reports prepared under this section, except privileged medical information, shall be open to public inspection.  [C79, 81, 135.76]  2019 Acts, ch 24, 104  Referred to in 135.78, 135.79, 135.83 
135.77 Report to governor and legislature. Repealed by 97 Acts, ch 203, 18. 
135.78 Data to be compiled.   The department shall compile all relevant financial and utilization data in order to have available the statistical information necessary to properly monitor hospital and health care facility charges and costs. Such data shall include necessary operating expenses, appropriate expenses incurred for rendering services to patients who cannot or do not pay, all properly incurred interest charges, and reasonable depreciation expenses based on the expected useful life of the property and equipment involved. The department shall also obtain from each hospital and health care facility a current rate schedule as well as any subsequent amendments or modifications of that schedule as it may require. In collection of the data required by this section and sections 135.74 through 135.76, the department and other state agencies shall coordinate their reporting requirements.  [C79, 81, 135.78]  2002 Acts, ch 1119, 14; 2003 Acts, ch 108, 34  Referred to in 135.79, 135.83 
135.79 Civil penalty.   Any hospital or health care facility which fails to file with the department the financial reports required by sections 135.74, 135.75, 135.76, and 135.78 is subject to a civil penalty of not to exceed five hundred dollars for each offense.  [C79, 81, 135.79]  2021 Acts, ch 80, 67  Section amended 
135.8 Seal.   The department shall have an official seal and every commission, license, order, or other paper executed by the department may be attested with its seal.  [C24, 27, 31, 35, 39, 2188; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.8] 
135.83 Contracts for assistance with analyses, studies, and data.   In furtherance of the departments responsibilities under sections 135.76 and 135.78, the director may contract with the Iowa hospital association and third-party payers, the Iowa health care facilities association and third-party payers, or leading age Iowa and third-party payers for the establishment of pilot programs dealing with prospective rate review in hospitals or health care facilities, or both. Such contract shall be subject to the approval of the executive council and shall provide for an equitable representation of health care providers, third-party payers, and health care consumers in the determination of criteria for rate review. No third-party payer shall be excluded from positive financial incentives based upon volume of gross patient revenues. No state or federal funds appropriated or available to the department shall be used for any such pilot program.  [C79, 81, 135.83]  98 Acts, ch 1100, 13; 2001 Acts, ch 74, 2; 2002 Acts, ch 1050, 16; 2013 Acts, ch 30, 29 
135.9 Expenses.   The director, field and office assistants, inspectors, and employees shall, in addition to salary, receive their necessary traveling expenses by the nearest traveled and practicable route and their necessary and incidental expenses when engaged in the performance of official business.  [C97, 2574; S13, 2564, 2574; C24, 27, 31, 35, 39, 2189; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135.9] 
135A.1 Short title.   This chapter shall be known and may be cited as the Iowa Public Health Modernization Act.  2009 Acts, ch 182, 115, 126 
135A.10 Prohibited acts  fraudulently claiming accreditation  civil penalty. Repealed by 2016 Acts, ch 1026, 6. 
135A.11 Implementation.   The department shall implement this chapter only to the extent that funding is available.  2009 Acts, ch 182, 125, 126 
135A.2 Definitions.   As used in this chapter, unless the context otherwise requires, the following definitions apply:   1. Academic institution means an institution of higher education in the state which grants degrees in public health or another health-related field and is accredited by a nationally recognized accrediting agency as determined by the United States secretary of education. For purposes of this definition, accredited means a certification of the quality of an institution of higher education.   2. Department means the department of public health.   3. Designated local public health agency means an entity that is either governed by or contractually responsible to a local board of health and designated by the local board.   4. Governmental public health system means local boards of health, the state board of health, designated local public health agencies, the state hygienic laboratory, and the department.   5. Local board of health means the same as defined in section 137.102.   6. Organizational capacity means the governmental public health infrastructure that must be in place in order to deliver public health services.   7. Public health system means all public, private, and voluntary entities that contribute to the delivery of public health services within a jurisdiction.  2009 Acts, ch 182, 116, 126; 2016 Acts, ch 1026, 1; 2017 Acts, ch 148, 25; 2019 Acts, ch 85, 72 
135A.3 Governmental public health system  lead agency.   1. The department is designated as the lead agency in this state to administer this chapter.   2. Such administration shall include evaluation of and quality improvement measures for the governmental public health system.  2009 Acts, ch 182, 117, 126; 2016 Acts, ch 1026, 2 
135A.4 Governmental public health advisory council  legislative intent. Repealed by 2019 Acts, ch 85, 74. 
135A.5 Governmental public health evaluation committee. Repealed by  2016 Acts, ch 1026, 6  . 
135A.6 Governmental public health system. Repealed by  2016 Acts, ch 1026, 6  . 
135A.7 Governmental public health system and accreditation data collection system. Repealed by  2016 Acts, ch 1026, 6  . 
135A.8 Governmental public health system fund.   1. The department is responsible for the funding of the administrative costs for implementation of this chapter. A governmental public health system fund is created as a separate fund in the state treasury under the control of the department. The fund shall consist of moneys obtained from any source, including the federal government, unless otherwise prohibited by law or the entity providing the funding. Moneys deposited in the fund are appropriated to the department for the public health purposes specified in this chapter. Moneys in the fund shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this section. Notwithstanding section 8.33, moneys in the governmental public health system fund at the end of the fiscal year shall not revert to any other fund but shall remain in the fund for subsequent fiscal years.   2. The fund is established to assist local boards of health and the department with the provision of governmental public health system organizational capacity and public health service delivery and to achieve and maintain voluntary accreditation. At least seventy percent of the funds shall be made available to local boards of health and up to thirty percent of the funds may be utilized by the department.   3. Moneys in the fund may be allocated by the department to a local board of health for organizational capacity and service delivery. Such allocation may be made on a matching, dollar-for-dollar basis for the acquisition of equipment, or by providing grants to achieve and maintain voluntary accreditation.   4. A local board of health seeking matching funds or grants under this section shall apply to the department. The state board of health shall adopt rules concerning the application and award process for the allocation of moneys in the fund and shall establish the criteria for the allocation of moneys in the fund if the moneys are insufficient to meet the needs of local boards of health.  2009 Acts, ch 182, 122, 126; 2016 Acts, ch 1026, 4 
135A.9 Rules.   The state board of health shall adopt rules pursuant to chapter 17A to implement this chapter which shall include but are not limited to the following:   1. The application and award process for governmental public health system fund moneys.   2. Rules otherwise necessary to implement the chapter.  2009 Acts, ch 182, 123, 126; 2010 Acts, ch 1061, 29; 2016 Acts, ch 1026, 5; 2019 Acts, ch 85, 73 
135B.1 Definitions.   As used in this chapter:   1. Department means the department of inspections and appeals.   2. Governmental unit means the state, or any county, municipality, or other political subdivision or any department, division, board or other agency of any of the foregoing.   3. Hospital means a place which is devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care over a period exceeding twenty-four hours of two or more nonrelated individuals suffering from illness, injury, or deformity, or a place which is devoted primarily to the rendering over a period exceeding twenty-four hours of obstetrical or other medical or nursing care for two or more nonrelated individuals, or any institution, place, building or agency in which any accommodation is primarily maintained, furnished or offered for the care over a period exceeding twenty-four hours of two or more nonrelated aged or infirm persons requiring or receiving chronic or convalescent care; and shall include sanatoriums or other related institutions within the meaning of this chapter. Provided, however, nothing in this chapter shall apply to hotels or other similar places that furnish only food and lodging, or either, to their guests or to a freestanding hospice facility which operates a hospice program in accordance with  42 C.F.R. 418  . Hospital shall include, in any event, any facilities wholly or partially constructed or to be constructed with federal financial assistance, pursuant to Pub. L. No. 79-725, 60 Stat. 1040, approved August 13, 1946.   4. Person means any individual, firm, partnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee or other similar representative thereof.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.1]  90 Acts, ch 1107, 1; 90 Acts, ch 1204, 2; 2006 Acts, ch 1010, 52  Referred to in 135.61, 135C.33, 135D.2, 139A.2, 142D.2, 144A.2, 144C.2, 144D.1, 144F.1, 147.136A, 152B.4, 233.1, 235E.1, 427.1(14)(a) 
135B.10 Hospital licensing board. Repealed by 2020 Acts, ch 1103, 45, 51. 
135B.11 Functions of hospital licensing board  compensation. Repealed by 2020 Acts, ch 1103, 45, 51. 
135B.12 Confidentiality.   The departments final findings or the final survey findings of the joint commission on the accreditation of health care organizations or the American osteopathic association with respect to compliance by a hospital with requirements for licensing or accreditation shall be made available to the public in a readily available form and place. Other information relating to a hospital obtained by the department which does not constitute the departments findings from an inspection of the hospital or the final survey findings of the joint commission on the accreditation of health care organizations or the American osteopathic association shall not be made available to the public, except in proceedings involving the denial, suspension, or revocation of a license under this chapter. The name of a person who files a complaint with the department shall remain confidential and shall not be subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than department employees or agents involved in the investigation of the complaint.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.12]  88 Acts, ch 1249, 2; 90 Acts, ch 1204, 10; 91 Acts, ch 107, 2 
135B.13 Annual report of department.   The department shall prepare and publish an annual report of its activities under this chapter.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.13]  90 Acts, ch 1204, 11 
135B.14 Judicial review.   Judicial review of the action of the department may be sought in accordance with chapter 17A. Notwithstanding the terms of chapter 17A, the Iowa administrative procedure Act, petitions for judicial review may be filed in the district court of the county in which the hospital is located or to be located, and the status quo of the petitioner or licensee shall be preserved pending final disposition of the matter in the courts.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.14]  90 Acts, ch 1204, 12  Referred to in 135B.6 
135B.15 Penalties.   Any person establishing, conducting, managing, or operating any hospital without a license shall be guilty of a serious misdemeanor, and each day of continuing violation after conviction shall be considered a separate offense.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.15] 
135B.16 Injunction.   Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a hospital without a license.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.16] 
135B.17 Construction.   1. This chapter is in addition to and not in conflict with chapter 235.   2. Provisions of this chapter in conflict with the state building code, as adopted pursuant to section 103A.7, shall not apply where the state building code has been adopted or when the state building code applies throughout the state.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.17]  83 Acts, ch 101, 17; 2004 Acts, ch 1086, 36 
135B.18 County care facilities exempted.   The provisions of this chapter shall not apply to county care facilities established pursuant to chapter 347B and managed by the county board of supervisors.  [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.18] 
135B.18A Universal newborn and infant hearing screening.   Beginning January 1, 2004, a birthing hospital as defined in section 135.131 shall comply with section 135.131 relating to universal newborn and infant hearing screening.  2003 Acts, ch 102, 2 
135B.19 Title of subchapter.   This subchapter may be cited as the Pathology and Radiology Services in Hospitals Law.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.19]  2011 Acts, ch 34, 36; 2017 Acts, ch 54, 76 
135B.2 Purpose.   The purpose of this chapter is to provide for the development, establishment and enforcement of basic standards for the care and treatment of individuals in hospitals and for the construction, maintenance and operation of such hospitals, which, in the light of existing knowledge, will promote safe and adequate treatment of such individuals in hospitals, in the interest of the health, welfare and safety of the public.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.2] 
135B.20 Definitions.   As used in this subchapter, unless the context otherwise requires:   1. Doctor shall mean any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state.   2. Employees as used in section 135B.24, and employment as used in section 135B.25, shall include and pertain to members of the religious order operating the hospital even though the relationship of employer and employee does not exist between such members and the hospital.   3. Hospital shall mean all hospitals licensed under this chapter.   4. Joint conference committee shall mean the joint conference committee as required by the joint commission on accreditation of health care organizations or, in a hospital having no such committee, a similar committee, an equal number of which shall be members of the medical staff selected by the staff and an equal number of which shall be selected by the governing board of the hospital.   5. Technician shall mean technologist as well.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.20]  98 Acts, ch 1100, 16; 2008 Acts, ch 1088, 141; 2009 Acts, ch 133, 35; 2017 Acts, ch 54, 76; 2018 Acts, ch 1026, 47 
135B.21 Functions of hospital.   The ownership, maintenance, and operation of the laboratory and X ray facilities under this subchapter are proper functions of a hospital.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.21]  2017 Acts, ch 54, 76; 2018 Acts, ch 1041, 43 
135B.22 Character of services.   Pathology and radiology services performed in hospitals are the product of the joint contribution of hospitals, doctors and technicians but these services constitute medical services which must be performed by or under the direction and supervision of a doctor, and no hospital shall have the right, directly or indirectly, to direct, control or interfere with the professional medical acts and duties of the doctor in charge of the pathology or radiology facilities or of the technicians under the doctors supervision. Nothing herein contained shall affect the rights of third parties as a result of negligence in the operation or maintenance of the aforesaid pathology and radiology facilities.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.22] 
135B.23 Agreement with doctor.   Each hospital shall arrange for such services and for the direction and supervision of its pathology or radiology department by entering into either an oral or written agreement with a doctor who is a member of or acceptable to the hospital medical staff. Such doctor may or may not be a specialist. The department may be supervised and directed by a qualified member of the staff and specific services may be referred to a specialist, or the specialist may also direct and supervise the department as may be desired. Any contract so entered into shall be in accordance with the provisions of this subchapter.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.23]  2017 Acts, ch 54, 76 
135B.24 Employees.   Unless the department is leased or unless the hospital and doctor mutually agree otherwise, technicians and other personnel, not including doctors, shall be employees of the hospital, subject to the rules of the hospital applicable to employees generally, but under the direction and supervision of the doctor in charge of the department as set forth elsewhere in this subchapter.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.24]  2017 Acts, ch 54, 76  Referred to in 135B.20 
135B.25 Hiring and dismissal of technicians.   The doctor and hospital shall mutually agree upon the employment of any technicians necessary for the proper operation of said department and no technicians shall be dismissed from said employment without the mutual consent of the parties, provided, however, that in the event the hospital and doctor are unable mutually to agree upon the hiring or discharge or disciplining of any employee of said department, the matter shall be promptly submitted to the joint conference committee for final determination.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.25]  Referred to in 135B.20 
135B.26 Compensation.   The contract between the hospital and doctor in charge of the laboratory or X ray facilities may contain any provision for compensation of each upon which they mutually agree. The contract may create the relationship of employer and employee between the hospital and the radiologist or pathologist. A percentage arrangement or a relationship of employer and employee between the hospital and the radiologist or pathologist is not unprofessional conduct on the part of the doctor or in violation of the statutes of this state upon the part of the hospital.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.26]  83 Acts, ch 27, 8  Referred to in 514B.32 
135B.27 Admission agreement.   The hospital admission agreement signed by the patient or the patients legal representative shall contain the following statement:   Pathology and radiology services are medical services performed or supervised by doctors, and the personnel and facilities are or may be furnished by the hospital for said services. Charges for such services are or may be collected, however, by the hospital on behalf of said doctors pursuant to an agreement between said doctors and the hospital, and from said charges I consent that an agreed sum will be retained by the hospital in accordance with an existing agreement between the doctor and the hospital.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.27] 
135B.28 Hospital bill.   1. The hospital bill shall properly include the charges for pathology and radiology services as long as the name of the doctor is stated and it fairly appears that the charge is for medical services.   2. The hospital bill shall also contain a statement substantially in the following form:   The pathology and radiology charges are for medical services rendered by or under the direction of the doctor listed above and are collected by the hospital on behalf of the doctor, from which charges an agreed sum will be retained by the hospital in accordance with an existing agreement to which retention you consented at the time of your admission to the hospital.   3. Upon the effective date of regulations which may be adopted by the United States department of health and human services prohibiting combined billing by hospitals and hospital-based physicians under Tit. XVIII of the federal Social Security Act, the charges for all pathology and radiology services in a hospital, may upon the mutual agreement of the hospital, physician, and third-party payer, be billed separately, the hospital component of the charges being included in the hospital bill and the doctor component being billed by the doctor.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.28]  83 Acts, ch 27, 9; 2009 Acts, ch 41, 46 
135B.29 Fees.   All fees to be charged by the doctors for pathology and radiology services shall be mutually agreed upon by the hospital and the doctor. In the event dispute shall arise between the parties the matter shall be submitted to the joint conference committee for final determination.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.29] 
135B.3 Licensure.   No person or governmental unit, acting severally or jointly with any other person or governmental unit shall establish, conduct or maintain a hospital in this state without a license.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.3] 
135B.30 Radiology and pathology fees.   Fees for radiology and pathology services must be paid for as medical and not hospital services. In all cases where payment is to be made by a corporation organized pursuant to chapter 514, payment for radiology and pathology services shall be made by a medical service corporation and not by a hospital service corporation.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.30] 
135B.31 Exceptions.   This subchapter is not intended and shall not affect in any way the obligation of public hospitals under chapter 347 or municipal hospitals to provide medical care or treatment to patients of certain entitlement, nor the operation by the state of mental or other hospitals authorized by law. This subchapter shall not in any way affect or limit the practice of dentistry or the practice of oral surgery by a dentist.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.31]  87 Acts, ch 233, 427; 2005 Acts, ch 167, 44, 66; 2017 Acts, ch 54, 76 
135B.32 Construction.   Nothing in this subchapter shall deprive any hospital of its tax exempt or nonprofit status.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.32]  2018 Acts, ch 1026, 48 
135B.33 Technical assistance  plan  grants.   1. Subject to availability of funds, the Iowa department of public health shall provide technical planning assistance to local boards of health and hospital governing boards to ensure access to hospital services in rural areas. The department shall encourage the local boards of health and hospital governing boards to adopt a long-term community health services and developmental plan including the following:   a. An analysis of demographic trends in the health facility services area, affecting health facility and health-facility-related health care utilizations.   b. A review of inpatient services currently provided, by type of service and the frequency of provision of that service, and the cost-effectiveness of that service.   c. An analysis of resources available in proximate health facilities and services that might be provided through alternative arrangements with such health facilities.   d. An analysis of cooperative arrangements that could be developed with other health facilities in the area that could assist those health facilities in the provision of services.   e. An analysis of community health needs, including long-term care, nursing facility care, pediatric and maternity services, and the health facilities potential role in facilitating the provision of services to meet these needs.   f. An analysis of alternative uses for existing health facility space and real property, including use for community health-related and human service-related purposes.   g. An analysis of mechanisms to meet indigent patient care needs and the responsibilities for the care of indigent patients.   h. An analysis of the existing tax levying of the health facilities for patient care, on a per capita basis and per hospital patient basis, and projections on future needs for tax levying to continue for the provision of care.   2. Providers may cooperatively coordinate to develop one long-term community health services and developmental plan for a geographic area, provided the plan addresses the issues enumerated in this section.   3. The health facilities may seek technical assistance or apply for matching grant funds for the plan development. The department shall require compliance with subsection 1, paragraphs a through h, when the facility applies for matching grant funds.  86 Acts, ch 1200, 2; 90 Acts, ch 1039, 1; 2009 Acts, ch 41, 192  Referred to in 135.107 
135B.34 Hospital employees  criminal history and abuse record checks  penalty.   1. a. Prior to employment of a person in a hospital, the hospital shall do one of the following:   (1) Request that the department of public safety perform a criminal history check and the department of human services perform child and dependent adult abuse record checks of the person in this state.   (2) Access the single contact repository to perform the required record checks.   b. (1) If a hospital accesses the single contact repository to perform the required record checks pursuant to paragraph a, the hospital may utilize a third-party vendor to perform a comprehensive preliminary background check and provisionally employ a person being considered for employment pending completion of the required record checks through the single contact repository and the evaluation by the department of human services, as applicable, subject to all of the following:   (a) If the comprehensive preliminary background check determines that the person being considered for employment has been convicted of a crime, but the crime does not constitute a felony as defined in section 701.7 and is not a crime specified pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or 712, or pursuant to section 726.3, 726.7, or 726.8.   (b) If the comprehensive preliminary background check determines the person being considered for employment does not have a record of founded child abuse or dependent adult abuse or if an exception pursuant to subsection 4 is applicable to the person.   (c) If the hospital has requested an evaluation in accordance with subsection 2, paragraph a, to determine whether the crime warrants prohibition of the persons employment in the hospital.   (2) The provisional employment under this paragraph b may continue until such time as the required record checks through the single contact repository and the evaluation by the department of human services, as applicable, are completed.   c. A hospital shall inform all persons prior to employment regarding the performance of the record checks and shall obtain, from the persons, a signed acknowledgment of the receipt of the information. A hospital shall include the following inquiry in an application for employment:   Do you have a record of founded child or dependent adult abuse or have you ever been convicted of a crime, in this state or any other state?   2. a. If it is determined that a person being considered for employment in a hospital has committed a crime, the department of public safety shall notify the hospital that upon the request of the hospital the department of human services will perform an evaluation to determine whether the crime warrants prohibition of the persons employment in the hospital.   b. (1) If a person being considered for employment, other than employment involving the operation of a motor vehicle, has been convicted of a crime listed in subparagraph (2) but does not have a record of founded child or dependent adult abuse and the hospital has requested an evaluation in accordance with paragraph a to determine whether the crime warrants prohibition of the persons employment, the hospital may employ the person for not more than sixty calendar days pending completion of the evaluation.   (2) Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47, and to a crime that is a first offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1.   c. If a department of human services child or dependent adult abuse record check shows that the person has a record of founded child or dependent adult abuse, the department of human services shall notify the hospital that upon the request of the hospital the department of human services will perform an evaluation to determine whether the founded child or dependent adult abuse warrants prohibition of the persons employment in the hospital.   d. An evaluation performed under this subsection shall be performed in accordance with procedures adopted for this purpose by the department of human services.   e. (1) If a person owns or operates more than one hospital, and an employee of one of such hospitals is transferred to another such hospital without a lapse in employment, the hospital is not required to request additional criminal and child and dependent adult abuse record checks of that employee.   (2) If the ownership of a hospital is transferred, at the time of transfer the record checks required by this section shall be performed for each employee for whom there is no documentation that such record checks have been performed. The hospital may continue to employ such employee pending the performance of the record checks and any related evaluation.   3. In an evaluation, the department of human services shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child or dependent adult abuse, the circumstances under which the crime or founded child or dependent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child or dependent adult abuse again, and the number of crimes or founded child or dependent adult abuses committed by the person involved. If the department of human services performs an evaluation for the purposes of this section, the department of human services has final authority in determining whether prohibition of the persons employment is warranted.   4. a. Except as provided in subsection 1, paragraph b, subsection 2, and paragraph b of this subsection, a person who has committed a crime or has a record of founded child or dependent adult abuse shall not be employed in a hospital licensed under this chapter unless an evaluation has been performed by the department of human services.   b. A person with a criminal or abuse record who is or was employed by a hospital licensed under this chapter and is hired by another hospital shall be subject to the criminal history and abuse record checks required pursuant to subsection 1. However, if an evaluation was previously performed by the department of human services concerning the persons criminal or abuse record and it was determined that the record did not warrant prohibition of the persons employment and the latest record checks do not indicate a crime was committed or founded abuse record was entered subsequent to that evaluation, the person may commence employment with the other hospital in accordance with the department of human services evaluation and an exemption from the requirements in paragraph a for reevaluation of the latest record checks is authorized. Otherwise, the requirements of paragraph a remain applicable to the persons employment. Authorization of an exemption under this paragraph b from requirements for reevaluation of the latest record checks by the department of human services is subject to all of the following provisions:   (1) The position with the subsequent employer is substantially the same or has the same job responsibilities as the position for which the previous evaluation was performed.   (2) Any restrictions placed on the persons employment in the previous evaluation by the department of human services shall remain applicable in the persons subsequent employment.   (3) The person subject to the record checks has maintained a copy of the previous evaluation and provides the evaluation to the subsequent employer or the previous employer provides the previous evaluation from the persons personnel file pursuant to the persons authorization. If a physical copy of the previous evaluation is not provided to the subsequent employer, the record checks shall be reevaluated.   (4) Although an exemption under this lettered paragraph b may be authorized, the subsequent employer may instead request a reevaluation of the record checks and may employ the person while the reevaluation is being performed.   5. a. If a person employed by a hospital that is subject to this section is convicted of a crime or has a record of founded child or dependent adult abuse entered in the abuse registry after the persons employment application date, the person shall inform the hospital of such information within forty-eight hours of the criminal conviction or entry of the record of founded child or dependent adult abuse. The hospital shall act to verify the information within seven calendar days of notification. If the information is verified, the requirements of subsections 2, 3, and 4 regarding employability and evaluations shall be applied by the hospital to determine whether or not the persons employment is continued. The hospital may continue to employ the person pending the performance of an evaluation by the department of human services to determine whether prohibition of the persons employment is warranted. A person who is required by this subsection to inform the persons employer of a conviction or entry of an abuse record and fails to do so within the required period commits a serious misdemeanor.   b. If a hospital receives credible information, as determined by the hospital, that a person employed by the hospital has been convicted of a crime or a record of founded child or dependent adult abuse has been entered in the abuse registry after employment from a person other than the employee and the employee has not informed the hospital of such information within the period required under paragraph a, the hospital shall act to verify the credible information within seven calendar days of receipt of the credible information. If the information is verified, the requirements of subsections 2, 3, and 4 regarding employability and evaluations shall be applied by the hospital to determine whether or not the persons employment is continued.   c. The hospital may notify the county attorney for the county where the hospital is located of any violation or failure by an employee to notify the hospital of a criminal conviction or entry of an abuse record within the period required under paragraph a.   6. A hospital licensed in this state may access the single contact repository established by the department pursuant to section 135C.33 as necessary for the hospital to perform record checks of persons employed or being considered for employment by the hospital.   7. For the purposes of this section, comprehensive preliminary background check means the same as defined in section 135C.1.  2002 Acts, ch 1034, 1; 2008 Acts, ch 1187, 111; 2013 Acts, ch 21, 1, 2, 6, 7; 2014 Acts, ch 1026, 31; 2014 Acts, ch 1040, 1, 2; 2020 Acts, ch 1029, 1  3; 2021 Acts, ch 80, 68  Department of inspections and appeals to post list of third-party vendors eligible to conduct comprehensive preliminary background checks; 2020 Acts, ch 1029, 7  Subsection 7 amended 
135B.35 Pediatric congenital heart surgery  public reporting of data  patient education.   A hospital licensed under this chapter that provides pediatric congenital heart surgery shall do all of the following:   1. Participate in a qualified clinical data registry for thoracic surgery by providing all pediatric congenital heart surgery data required and consenting to public reporting of the data shared.   2. Provide information regarding how to access the national information provided in the qualified clinical data registry for thoracic surgery during an educational consultation with a parent or legal guardian of a pediatric patient for whom a congenital heart surgery procedure is recommended.  2019 Acts, ch 78, 1 
135B.4 Application for license.   Licenses shall be obtained from the department. Applications shall be upon forms and shall contain information as the department may reasonably require, which may include affirmative evidence of ability to comply with reasonable standards and rules prescribed under this chapter. Each application for license shall be accompanied by the license fee, which shall be refunded to the applicant if the license is denied and which shall be deposited into the state treasury and credited to the general fund if the license is issued. Hospitals having fifty beds or less shall pay an initial license fee of fifteen dollars; hospitals of more than fifty beds and not more than one hundred beds shall pay an initial license fee of twenty-five dollars; all other hospitals shall pay an initial license fee of fifty dollars.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.4]  90 Acts, ch 1204, 3 
135B.5 Issuance and renewal of license.   1. Upon receipt of an application for license and the license fee, the department shall issue a license if the applicant and hospital facilities comply with this chapter, chapter 135, and the rules of the department. Each licensee shall receive annual reapproval upon payment of five hundred dollars and upon filing of an application form which is available from the department. The annual licensure fee shall be dedicated to support and provide educational programs on regulatory issues for hospitals licensed under this chapter. Licenses shall be either general or restricted in form. Each license shall be issued only for the premises and persons or governmental units named in the application and is not transferable or assignable except with the written approval of the department. Licenses shall be posted in a conspicuous place on the licensed premises as prescribed by rule of the department.   2. The provisions of this section shall not in any way affect, change, deny, or nullify any rights set forth in or arising from the provisions of this chapter and particularly section 135B.7, arising before or after December 31, 1960.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.5]  90 Acts, ch 1204, 4; 2008 Acts, ch 1191, 48; 2018 Acts, ch 1062, 1; 2020 Acts, ch 1062, 24; 2020 Acts, ch 1103, 37, 51 
135B.5A Conversion of a hospital.   A conversion of a long-term acute care hospital, rehabilitation hospital, or psychiatric hospital as defined by federal regulations to a general hospital or to a specialty hospital of a different type is a permanent change in bed capacity and shall require a certificate of need pursuant to section 135.63.  2018 Acts, ch 1062, 2 
135B.6 Denial, suspension, or revocation of license  hearings and review.   1. The department may deny, suspend, or revoke a license in any case where it finds that there has been a substantial failure to comply with this chapter or the rules or minimum standards adopted pursuant to this chapter.   2. A denial, suspension, or revocation shall be effected by mailing to the applicant or licensee by certified mail, or by personal service of, a notice setting forth the particular reasons for the action. A denial, suspension, or revocation shall become effective thirty days after the mailing or service of the notice, unless the applicant or licensee, within the thirty-day period gives written notice to the department requesting a hearing, in which case the notice is suspended. If a hearing has been requested, the applicant or licensee shall be given an opportunity for a prompt and fair hearing before the department. At any time at or prior to hearing, the department may rescind the notice of denial, suspension, or revocation upon being satisfied that the reasons for the denial, suspension, or revocation have been or will be removed. On the basis of a hearing or upon default of the applicant or licensee, the determination involved in the notice may be affirmed, modified, or set aside by the department. A copy of the decision, setting forth the finding of facts and the particular reasons for the decision shall be sent by certified mail, or served personally upon, the applicant or licensee.   3. The procedure governing hearings authorized by this section shall be in accordance with rules adopted by the department. A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless judicial review is sought pursuant to section 135B.14. A copy or copies of the transcript may be obtained by an interested party on payment of the cost of preparing the copy or copies. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.6]  90 Acts, ch 1204, 5; 2017 Acts, ch 54, 76 
135B.7 Rules and enforcement.   1. a. The department, with the approval of the state board of health, shall adopt rules setting out the standards for the different types of hospitals to be licensed under this chapter. The department shall enforce the rules.   b. Rules or standards shall not be adopted or enforced which would have the effect of denying a license to a hospital or other institution required to be licensed, solely by reason of the school or system of practice employed or permitted to be employed by physicians in the hospital, if the school or system of practice is recognized by the laws of this state.   2. a. The rules shall state that a hospital shall not deny clinical privileges to physicians and surgeons, podiatric physicians, osteopathic physicians and surgeons, dentists, certified health service providers in psychology, physician assistants, or advanced registered nurse practitioners licensed under chapter 148, 148C, 149, 152, or 153, or section 154B.7, solely by reason of the license held by the practitioner or solely by reason of the school or institution in which the practitioner received medical schooling or postgraduate training if the medical schooling or postgraduate training was accredited by an organization recognized by the council on higher education accreditation or an accrediting group recognized by the United States department of education.   b. A hospital may establish procedures for interaction between a patient and a practitioner. The rules shall not prohibit a hospital from limiting, restricting, or revoking clinical privileges of a practitioner for violation of hospital rules, regulations, or procedures established under this paragraph, when applied in good faith and in a nondiscriminatory manner.   c. This subsection shall not require a hospital to expand the hospitals current scope of service delivery solely to offer the services of a class of providers not currently providing services at the hospital. This section shall not be construed to require a hospital to establish rules which are inconsistent with the scope of practice established for licensure of practitioners to whom this subsection applies.   d. This section shall not be construed to authorize the denial of clinical privileges to a practitioner or class of practitioners solely because a hospital has as employees of the hospital identically licensed practitioners providing the same or similar services.   3. The rules shall require that a hospital establish and implement written criteria for the granting of clinical privileges. The written criteria shall include but are not limited to consideration of all of the following:   a. The ability of an applicant for privileges to provide patient care services independently and appropriately in the hospital.   b. The license held by the applicant to practice.   c. The training, experience, and competence of the applicant.   d. The relationship between the applicants request for the granting of privileges and the hospitals current scope of patient care services, as well as the hospitals determination of the necessity to grant privileges to a practitioner authorized to provide comprehensive, appropriate, and cost-effective services.   4. The department shall also adopt rules requiring hospitals to establish and implement protocols for responding to the needs of patients who are victims of domestic abuse, as defined in section 236.2.   5. The department shall also adopt rules requiring hospitals to establish and implement protocols for responding to the needs of patients who are victims of elder abuse, as defined in section 235F.1.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.7]  83 Acts, ch 101, 16; 85 Acts, ch 169, 1; 90 Acts, ch 1093, 1; 90 Acts, ch 1204, 6; 91 Acts, ch 218, 3; 93 Acts, ch 108, 1; 96 Acts, ch 1034, 68; 99 Acts, ch 42, 1; 2008 Acts, ch 1088, 88; 2009 Acts, ch 41, 45; 2014 Acts, ch 1107, 10; 2016 Acts, ch 1011, 35; 2020 Acts, ch 1103, 38, 51  Referred to in 135B.5 
135B.7A Procedures  orders.   The department shall adopt rules that require hospitals to establish procedures for authentication of all verbal orders by a practitioner within a period not to exceed thirty days following a patients discharge.  2001 Acts, ch 93, 1; 2007 Acts, ch 93, 1 
135B.8 Effective date of rules.   Any hospital which is in operation at the time of promulgation of any applicable rules or minimum standards under this chapter shall be given a reasonable time, not to exceed one year from the date of such promulgation, within which to comply with such rules and minimum standards.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.8] 
135B.9 Inspections and qualifications for hospital inspectors  protection and advocacy agency investigations.   1. The department shall make or cause to be made inspections as it deems necessary in order to determine compliance with applicable rules. Hospital inspectors shall meet the following qualifications:   a. Be free of conflicts of interest. A hospital inspector shall not participate in an inspection or complaint investigation of a hospital in which the inspector or a member of the inspectors immediate family works or has worked within the last two years. For purposes of this paragraph, immediate family member means a spouse; natural or adoptive parent, child, or sibling; or stepparent, stepchild, or stepsibling.   b. Complete a yearly conflict of interest disclosure statement.   c. Biennially, complete a minimum of ten hours of continuing education pertaining to hospital operations including but not limited to quality and process improvement standards, trauma system standards, and regulatory requirements.   2. In the state resource centers and state mental health institutes operated by the department of human services, the designated protection and advocacy agency as provided in section 135C.2, subsection 4, shall have the authority to investigate all complaints of abuse and neglect of persons with developmental disabilities or mental illnesses if the complaints are reported to the protection and advocacy agency or if there is probable cause to believe that the abuse has occurred. Such authority shall include the examination of all records pertaining to the care provided to the residents and contact or interview with any resident, employee, or any other person who might have knowledge about the operation of the institution.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135B.9]  88 Acts, ch 1249, 1; 90 Acts, ch 1204, 7; 95 Acts, ch 51, 1; 2000 Acts, ch 1112, 51; 2010 Acts, ch 1177, 1  Referred to in 135C.37 
135C.1 Definitions.   1. Adult day services means adult day services as defined in section 231D.1 that are provided in a licensed health care facility.   2. Certified volunteer long-term care ombudsman means a volunteer long-term care ombudsman certified pursuant to section 231.45.   3. Comprehensive preliminary background check includes a criminal history check of all states in which the applicant has worked or resided over the seven-year period immediately prior to submitting an application for employment that is conducted by a third-party vendor.   4. Department means the department of inspections and appeals.   5. Direction means authoritative policy or procedural guidance for the accomplishment of a function or activity.   6. Director means the director of the department of inspections and appeals, or the directors designee.   7. Governmental unit means the state, or any county, municipality, or other political subdivision or any department, division, board or other agency of any of the foregoing.   8. Health care facility or facility means a residential care facility, a nursing facility, an intermediate care facility for persons with mental illness, or an intermediate care facility for persons with an intellectual disability.   9. House physician means a physician who has entered into a two-party contract with a health care facility to provide services in that facility.   10. Intermediate care facility for persons with an intellectual disability means an institution or distinct part of an institution with a primary purpose to provide health or rehabilitative services to three or more individuals, who primarily have an intellectual disability or a related condition and who are not related to the administrator or owner within the third degree of consanguinity, and which meets the requirements of this chapter and federal standards for intermediate care facilities for persons with an intellectual disability established pursuant to the federal Social Security Act, 1905(c)(d), as codified in 42 U.S.C. 1396d, which are contained in  42 C.F.R. pt. 483, subpt. D, 410  480  .   11. Intermediate care facility for persons with mental illness means an institution, place, building, or agency designed to provide accommodation, board, and nursing care for a period exceeding twenty-four consecutive hours to three or more individuals, who primarily have mental illness and who are not related to the administrator or owner within the third degree of consanguinity.   12. Licensee means the holder of a license issued for the operation of a facility, pursuant to this chapter.   13. Mental illness means a substantial disorder of thought or mood which significantly impairs judgment, behavior, or the capacity to recognize reality or the ability to cope with the ordinary demands of life.   14. Nursing care means those services which can be provided only under the direction of a registered nurse or a licensed practical nurse.   15. Nursing facility means an institution or a distinct part of an institution housing three or more individuals not related to the administrator or owner within the third degree of consanguinity, which is primarily engaged in providing health-related care and services, including rehabilitative services, but which is not engaged primarily in providing treatment or care for mental illness or an intellectual disability, for a period exceeding twenty-four consecutive hours for individuals who, because of a mental or physical condition, require nursing care and other services in addition to room and board.   16. Office of long-term care ombudsman means the office of long-term care ombudsman established pursuant to section 231.42.   17. Person means any individual, firm, partnership, corporation, company, association or joint stock association; and includes trustee, receiver, assignee or other similar representative thereof.   18. Physician has the meaning assigned that term by section 135.1, subsection 4.   19. Rehabilitative services means services to encourage and assist restoration of optimum mental and physical capabilities of the individual resident of a health care facility.   20. Residential care facility means any institution, place, building, or agency providing for a period exceeding twenty-four consecutive hours accommodation, board, personal assistance and other essential daily living activities to three or more individuals, not related to the administrator or owner thereof within the third degree of consanguinity, who by reason of illness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves but who do not require the services of a registered or licensed practical nurse except on an emergency basis or who by reason of illness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves but who do not require the services of a registered or licensed practical nurse except on an emergency basis if home and community-based services, other than nursing care, as defined by this chapter and departmental rule, are provided. For the purposes of this definition, the home and community-based services to be provided are limited to the type included under the medical assistance program provided pursuant to chapter 249A, are subject to cost limitations established by the department of human services under the medical assistance program, and except as otherwise provided by the department of inspections and appeals with the concurrence of the department of human services, are limited in capacity to the number of licensed residential care facilities and the number of licensed residential care facility beds in the state as of December 1, 2003.   21. Resident means an individual admitted to a health care facility in the manner prescribed by section 135C.23.   22. Respite care services means an organized program of temporary supportive care provided for twenty-four hours or more to a person in order to relieve the usual caregiver of the person from providing continual care to the person.   23. Social services means services relating to the psychological and social needs of the individual in adjusting to living in a health care facility, and minimizing stress arising from that circumstance.   24. State long-term care ombudsman means the state long-term care ombudsman appointed pursuant to section 231.42.   25. Supervision means direct oversight and inspection of the act of accomplishing a function or activity.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.1]  87 Acts, ch 194, 1; 90 Acts, ch 1039, 2  5; 94 Acts, ch 1151, 1; 96 Acts, ch 1129, 24; 2001 Acts, ch 64, 2; 2003 Acts, ch 165, 18; 2004 Acts, ch 1085, 1, 11; 2012 Acts, ch 1019, 11; 2013 Acts, ch 18, 5; 2013 Acts, ch 90, 26; 2020 Acts, ch 1029, 4  Referred to in 80.5, 100.1, 100.35, 124.501, 135.61, 135.63, 135B.34, 135C.6, 135M.2, 139A.2, 142D.2, 144C.2, 144D.1, 144F.1, 147.136A, 148A.3, 152.1, 152.5A, 231.4, 232.69, 233.1, 235E.1, 237A.5, 237C.1, 249.3, 249A.3, 249A.18A, 249A.21, 249A.30A, 249K.2, 249L.2, 347.14, 347.26, 419.1, 427.1(14)(a), 427.9, 441.21, 514D.5, 692A.114, 692A.115, 726.7 
135C.10 Denial, suspension, or revocation.   The department shall have the authority to deny, suspend, or revoke a license in any case where the department finds that there has been repeated failure on the part of the facility to comply with the provisions of this chapter or the rules or minimum standards promulgated hereunder, or for any of the following reasons:   1. Cruelty or indifference to health care facility residents.   2. Appropriation or conversion of the property of a health care facility resident without the residents written consent or the written consent of the residents legal guardian.   3. Permitting, aiding, or abetting the commission of any illegal act in the health care facility.   4. Inability or failure to operate and conduct the health care facility in accordance with the requirements of this chapter and the minimum standards and rules issued pursuant thereto.   5. Obtaining or attempting to obtain or retain a license by fraudulent means, misrepresentation, or by submitting false information.   6. Habitual intoxication or addiction to the use of drugs by the applicant, manager or supervisor of the health care facility.   7. Securing the devise or bequest of the property of a resident of a health care facility by undue influence.   8. Willful failure or neglect to maintain a continuing in-service education and training program for all personnel employed in the facility.   9. In the case of an application for a new or newly acquired facility, continuing or repeated failure of the licensee to operate any previously licensed facility or facilities in compliance with the provisions of this chapter, the rules adopted pursuant to this chapter, or equivalent provisions that the facility is subject to in this state or any other state.   10. In the case of a license applicant or existing licensee which is an entity other than an individual, the department may deny, suspend, or revoke a license if any individual, who is in a position of control or is an officer of the entity, engages in any act or omission proscribed by this section.   11. Intentionally preventing or interfering with or attempting to prevent or interfere in any way with the performance by any duly authorized representative of the department of the lawful enforcement of this chapter or of the rules adopted pursuant to this chapter. As used in this subsection, lawful enforcement includes but is not limited to the following:   a. Contacting or interviewing any resident of a health care facility in private at any reasonable hour and without advance notice.   b. Examining any relevant books or records of a health care facility unless otherwise protected from disclosure by operation of law.   c. Preserving evidence of any violation of this chapter or of the rules adopted pursuant to this chapter.  [C50, 54, 135C.6; C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.10]  90 Acts, ch 1204, 13; 2014 Acts, ch 1040, 3, 4; 2015 Acts, ch 80, 1  Referred to in 135C.12 
135C.11 Notice  hearings.   1. The denial, suspension, or revocation of a license shall be effected by delivering to the applicant or licensee by certified mail or by personal service of a notice setting forth the particular reasons for such action. Such denial, suspension, or revocation shall become effective thirty days after the mailing or service of the notice, unless the applicant or licensee, within such thirty-day period, shall give written notice to the department requesting a hearing, in which case the notice shall be deemed to be suspended. If a hearing has been requested, the applicant or licensee shall be given an opportunity for a prompt and fair hearing before the department. At any time at or prior to the hearing the department may rescind the notice of the denial, suspension, or revocation upon being satisfied that the reasons for the denial, suspension, or revocation have been or will be removed. On the basis of any such hearing, or upon default of the applicant or licensee, the determination involved in the notice may be affirmed, modified, or set aside by the department. A copy of such decision shall be sent by certified mail, or served personally upon the applicant or licensee. The applicant or licensee may seek judicial review pursuant to section 135C.13.   2. The procedure governing hearings authorized by this section shall be in accordance with the rules promulgated by the department. A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless judicial review is sought pursuant to section 135C.13. Copies of the transcript may be obtained by an interested party upon payment of the cost of preparing the copies. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by the departments rules. The director may, after advising a representative of the office of long-term care ombudsman, either proceed in accordance with section 135C.30, or remove all residents and suspend the license or licenses of any health care facility, prior to a hearing, when the director finds that the health or safety of residents of the health care facility requires such action on an emergency basis.  [C50, 54, 135C.6; C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.11]  99 Acts, ch 129, 1; 2013 Acts, ch 18, 6; 2014 Acts, ch 1040, 5  Referred to in 135C.30 
135C.12 Conditional operation.   If the department has the authority under section 135C.10 to deny, suspend or revoke a license, the department or director may, as an alternative to those actions:   1. Apply to the district court of the county in which the licensees health care facility is located for appointment by the court of a receiver for the facility pursuant to section 135C.30.   2. Conditionally issue or continue a license dependent upon the performance by the licensee of reasonable conditions within a reasonable period of time as set by the department so as to permit the licensee to commence or continue the operation of the health care facility pending full compliance with this chapter or the regulations or minimum standards promulgated under this chapter. If the licensee does not make diligent efforts to comply with the conditions prescribed, the department may, under the proceedings prescribed by this chapter, suspend or revoke the license. No health care facility shall be operated on a conditional license for more than one year.   3. The department, in evaluating corrections of deficiencies in a facility in receivership or operating on a conditional license, may determine what is satisfactory compliance, provided that in so doing it shall employ established criteria which shall be uniformly applied to all facilities of the same license category.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.12]  Referred to in 135C.30  For legislative intent regarding imposition of a conditional license if failure of full compliance will result in single class I citation that is not an immediate jeopardy; see  99 Acts, ch 199, 10 
135C.13 Judicial review.   Judicial review of any action of the director may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of chapter 17A, petitions for judicial review may be filed in the district court of the county where the facility or proposed facility is located, and pending final disposition of the matter the status quo of the applicant or licensee shall be preserved except when the director, after advising a representative of the office of long-term care ombudsman, determines that the health, safety, or welfare of the residents of the facility is in immediate danger, in which case the director may order the immediate removal of such residents.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.13]  99 Acts, ch 129, 2; 2003 Acts, ch 44, 114; 2013 Acts, ch 18, 7; 2014 Acts, ch 1040, 6  Referred to in 135C.11 
135C.14 Rules.   The department shall, in accordance with chapter 17A and with the approval of the state board of health, adopt and enforce rules setting minimum standards for health care facilities. In so doing, the department, with the approval of the state board of health, may adopt by reference, with or without amendment, nationally recognized standards and rules, which shall be specified by title and edition, date of publication, or similar information. The rules and standards required by this section shall be formulated in consultation with the director of human services or the directors designee, with the state fire marshal, and with affected industry, professional, and consumer groups, and shall be designed to further the accomplishment of the purposes of this chapter and shall relate to:   1. Location and construction of the facility, including plumbing, heating, lighting, ventilation, and other housing conditions, which shall ensure the health, safety and comfort of residents and protection from fire hazards. The rules of the department relating to protection from fire hazards and fire safety shall be promulgated by the state fire marshal in consultation with the department, and shall be in keeping with the latest generally recognized safety criteria for the facilities covered of which the applicable criteria recommended and published from time to time by the national fire protection association are prima facie evidence. To the greatest extent possible, the rules promulgated by the state fire marshal shall be consistent with the rules adopted by the department under this chapter.   2. Number and qualifications of all personnel, including management and nursing personnel, having responsibility for any part of the care provided to residents.   3. All sanitary conditions within the facility and its surroundings including water supply, sewage disposal, food handling, and general hygiene, which shall ensure the health and comfort of residents.   4. Diet related to the needs of each resident and based on good nutritional practice and on recommendations which may be made by the physician attending the resident.   5. Equipment essential to the health and welfare of the resident.   6. Requirements that a minimum number of registered or licensed practical nurses and nurses aides, relative to the number of residents admitted, be employed by each licensed facility. Staff-to-resident ratios established under this subsection need not be the same for facilities holding different types of licenses, nor for facilities holding the same type of license if there are significant differences in the needs of residents which the respective facilities are serving or intend to serve.   7. Social services and rehabilitative services provided for the residents.   8. Facility policies and procedures regarding the treatment, care, and rights of residents. The rules shall apply the federal residents rights contained in the federal Omnibus Budget Reconciliation Act of 1987, Pub. L. No. 100-203, and the regulations adopted pursuant to the Act and contained in  42 C.F.R. 483.10  ,  483.12  ,  483.13  , and  483.15, as amended to February 2, 1989  , to all health care facilities as defined in this chapter and shall include procedures for implementing and enforcing the federal rules. The department shall also adopt rules relating to the following:   a. The transfer of residents to other rooms within a facility.   b. The involuntary discharge or transfer of residents from a facility including provisions for notice and agency hearings and for the development of a patient discharge or transfer plan and for providing counseling services to a patient being discharged or transferred.   c. The required holding of a bed for a resident under designated circumstances upon payment of a prescribed charge for the bed.   d. The notification of the office of long-term care ombudsman by the department of all complaints relating to health care facilities and the involvement of the office of long-term care ombudsman in resolution of the complaints.   e. For the recoupment of funds or property to residents when the residents personal funds or property have been used without the residents written consent or the written consent of the residents guardian.   f. The involuntary discharge of a resident of the Iowa veterans home including provisions for notice and agency hearings, the development of a resident discharge plan, and for providing counseling services to a resident being discharged. As used in this paragraph f, collaborative care plan and interdisciplinary resident care committee mean as defined in section 35D.15, subsection 2. The rules shall provide that a resident shall be involuntarily discharged for any of the following reasons:   (1) (a) The resident has been diagnosed with a substance use disorder but continues to abuse alcohol or an illegal drug in violation of the residents conditional or provisional agreement entered into at the time of admission, and all of the following conditions are met:   (i) The resident has been provided sufficient notice of any changes in the residents collaborative care plan.   (ii) The resident has been notified of the residents commission of three offenses and has been given the opportunity to correct the behavior through either of the following options:   (A) Being given the opportunity to receive the appropriate level of treatment in accordance with best practices for standards of care.   (B) By having been placed on probation by the Iowa veterans home for a second offense.   (b) Notwithstanding the residents meeting the criteria for discharge under this subparagraph (1), if the resident has demonstrated progress toward the goals established in the residents collaborative care plan, the interdisciplinary resident care committee and the commandant may exercise discretion regarding the discharge. Notwithstanding any provision to the contrary, a resident may be immediately discharged under this subparagraph (1) if the residents actions or behavior jeopardizes the life or safety of other residents or staff.   (2) (a) The resident refuses to utilize the resources available to address issues identified in the residents collaborative care plan, and all of the following conditions are met:   (i) The resident has been provided sufficient notice of any changes in the residents collaborative care plan.   (ii) The resident has been notified of the residents commission of three offenses and the resident has been placed on probation by the Iowa veterans home for a second offense.   (b) Notwithstanding the residents meeting the criteria for discharge under this subparagraph (2), if the resident has demonstrated progress toward the goals established in the residents collaborative care plan, the interdisciplinary resident care committee and the commandant may exercise discretion regarding the discharge. Notwithstanding any provision to the contrary, the resident may be immediately discharged under this subparagraph (2) if the residents actions or behavior jeopardizes the life or safety of other residents or staff.   (3) The residents medical or life skills needs have been met to the extent possible through the services provided by the Iowa veterans home and the resident no longer requires a residential or nursing level of care, as determined by the interdisciplinary resident care committee.   (4) The resident requires a level of licensed care not provided at the Iowa veterans home.  [C50, 54, 135C.5; C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.14; 81 Acts, ch 60, 1]  83 Acts, ch 96, 157, 159; 83 Acts, ch 101, 18; 89 Acts, ch 241, 1, 2; 90 Acts, ch 1204, 14; 99 Acts, ch 129, 3; 2001 Acts, ch 30, 3, 4; 2009 Acts, ch 62, 2; 2013 Acts, ch 18, 8; 2014 Acts, ch 1040, 7  Referred to in 35D.15, 135C.2, 135C.36 
135C.15 Time to comply.   1. Any health care facility which is in operation at the time of adoption or promulgation of any applicable rules or minimum standards under this chapter shall be given reasonable time from the date of such promulgation to comply with such rules and minimum standards as provided for by the department. The director may grant successive thirty-day extensions of the time for compliance where evidence of a good faith attempt to achieve compliance is furnished, if the extensions will not place in undue jeopardy the residents of the facility to which the extensions are granted.   2. Renovation of an existing health care facility, not already in compliance with all applicable standards, shall be permitted only if the fixtures and equipment to be installed and the services to be provided in the renovated portion of the facility will conform substantially to current operational standards. Construction of an addition to an existing health care facility shall be permitted only if the design of the structure, the fixtures and equipment to be installed, and the services to be provided in the addition will conform substantially to current construction and operational standards.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.15] 
135C.16 Inspections.   1. In addition to the inspections required by sections 135C.9 and 135C.38, the department shall make or cause to be made such further unannounced inspections as it deems necessary to adequately enforce this chapter. At least one general unannounced inspection shall be conducted for each health care facility within a thirty-month period. The inspector shall show identification to the person in charge of the facility and state that an inspection is to be made before beginning the inspection. An employee of the department who gives unauthorized advance notice of an inspection made or planned to be made under this subsection or section 135C.38 shall be disciplined as determined by the director, except that if the employee is employed pursuant to the merit system provisions of chapter 8A, subchapter IV, the discipline shall not exceed the discipline authorized pursuant to that subchapter.   2. a. The department shall prescribe by rule that any licensee or applicant for license desiring to make specific types of physical or functional alterations or additions to its facility or to construct new facilities shall, before commencing the alteration or additions or new construction, submit plans and specifications to the department for preliminary inspection and approval or recommendations with respect to compliance with the departments rules and standards.   b. When the plans and specifications have been properly approved by the department or other appropriate state agency, for a period of at least five years from completion of the construction or alteration, the facility or the portion of the facility constructed or altered in accord with the plans and specifications shall not be considered deficient or ineligible for licensing by reason of failure to meet any rule or standard established subsequent to approval of the plans and specifications.   c. When construction or alteration of a facility or portion of a facility has been completed in accord with plans and specifications submitted as required by this subsection and properly approved by the department or other appropriate state agency, and it is discovered that the facility or portion of a facility is not in compliance with a requirement of this chapter or of the rules or standards adopted pursuant to it and in effect at the time the plans and specifications were submitted, and the deficiency was apparent from the plans and specifications submitted but was not noted or objected to by the department or other appropriate state agency, the department or agency responsible for the oversight shall either waive the requirement or reimburse the licensee or applicant for any costs which are necessary to bring the new or reconstructed facility or portion of a facility into compliance with the requirement and which the licensee or applicant would not have incurred if the facility or portion of the facility had been constructed in compliance with the requirements of this chapter or of the rules or standards adopted pursuant to it and in effect at the time the plans and specifications were submitted.   d. If within two years from the completion of the construction or alteration of the facility or portion thereof, a department or agency of the state orders that the new or reconstructed facility or portion thereof be brought into compliance with the requirements of this chapter or the rules or standards adopted pursuant to it and in effect at the time the plans and specifications were submitted, the state shall have a claim for damages to the extent of any reimbursement paid to the licensee or applicant against any person who designed the facility or portion thereof for negligence in the preparation of the plans and specifications therefor, subject to all defenses based upon the negligence of the state in reviewing and approving those plans and specifications, but not thereafter.   e. The provisions of this subsection shall not apply where the deficiency presents a clear and present danger to the safety of the residents of the facility.   3. An authorized representative of the department may enter any licensed health care facility without a warrant, and may examine all records pertaining to the care provided residents of the facility. An authorized representative of the department may contact or interview any resident, employee, or any other person who might have knowledge about the operation of a health care facility. An authorized representative of the department of human services shall have the same right with respect to any facility where one or more residents are cared for entirely or partially at public expense, and an authorized representative of the designated protection and advocacy agency shall have the same right with respect to any facility where one or more residents have developmental disabilities or mental illnesses, and the state fire marshal or a deputy appointed pursuant to section 135C.9, subsection 1, paragraph b, shall have the same right of entry into any facility and the right to inspect any records pertinent to fire safety practices and conditions within that facility, and an authorized representative of the office of long-term care ombudsman shall have the same right with respect to any nursing facility or residential care facility. If any such authorized representative has probable cause to believe that any institution, building, or agency not licensed as a health care facility is in fact a health care facility as defined by this chapter, and upon producing identification that the individual is an authorized representative is denied entry thereto for the purpose of making an inspection, the authorized representative may, with the assistance of the county attorney of the county in which the purported health care facility is located, apply to the district court for an order requiring the owner or occupant to permit entry and inspection of the premises to determine whether there have been any violations of this chapter.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.16; 82 Acts, ch 1065, 1]  83 Acts, ch 96, 157, 159; 84 Acts, ch 1227, 1; 87 Acts, ch 234, 427; 90 Acts, ch 1204, 15; 92 Acts, ch 1242, 26; 2000 Acts, ch 1180, 1; 2003 Acts, ch 145, 187; 2009 Acts, ch 41, 47; 2014 Acts, ch 1040, 8 
135C.16A Inspectors  conflicts of interest.   1. Any of the following circumstances disqualifies an inspector from inspecting a particular health care facility under this chapter:   a. The inspector currently works or, within the past two years, has worked as an employee or employment agency staff at the health care facility, or as an officer, consultant, or agent for the health care facility to be inspected.   b. The inspector has any financial interest or any ownership interest in the facility. For purposes of this paragraph, indirect ownership, such as through a broad-based mutual fund, does not constitute financial or ownership interest.   c. The inspector has an immediate family member who has a relationship with the facility as described in paragraph a or b.   d. The inspector has an immediate family member who currently resides in the facility.   2. For purposes of this section, immediate family member means the same as set forth in  42 C.F.R. 488.301  , and includes a husband or wife; natural or adoptive parent, child, or sibling; stepparent, stepchild, or stepsibling; father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law; or grandparent or grandchild.  2009 Acts, ch 156, 1 
135C.17 Duties of other departments.   It shall be the duty of the department of human services, state fire marshal, office of long-term care ombudsman, and the officers and agents of other state and local governmental units, and the designated protection and advocacy agency to assist the department in carrying out the provisions of this chapter, insofar as the functions of these respective offices and departments are concerned with the health, welfare, and safety of any resident of any health care facility. It shall be the duty of the department to cooperate with the protection and advocacy agency and the office of long-term care ombudsman by responding to all reasonable requests for assistance and information as required by federal law and this chapter.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.17]  83 Acts, ch 96, 157, 159; 87 Acts, ch 234, 428; 2014 Acts, ch 1040, 9  Referred to in 135C.21 
135C.18 Employees.   The department may employ, pursuant to chapter 8A, subchapter IV, such assistants and inspectors as may be necessary to administer and enforce the provisions of this chapter.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.18]  2003 Acts, ch 145, 188 
135C.19 Public disclosure of inspection findings  posting of citations.   1. Following an inspection of a health care facility by the department pursuant to this chapter, the departments final findings with respect to compliance by the facility with requirements for licensing shall be made available to the public in a readily available form and place. Other information relating to a health care facility obtained by the department which does not constitute the departments findings from an inspection of the facility shall not be made available to the public except in proceedings involving the citation of a facility for a violation under section 135C.40, or the denial, suspension, or revocation of a license under this chapter. The name of a person who files a complaint with the department shall be confidential.   2. a. A citation for a class I or class II violation which is issued to a health care facility and which has become final, or a copy of the citation, shall be prominently posted as prescribed in rules, until the violation is corrected to the departments satisfaction. The citation or copy shall be posted in a place in plain view of the residents of the facility cited, persons visiting the residents, and persons inquiring about placement in the facility.   b. A copy of each citation required to be posted by this subsection shall be sent by the department to the department of human services, to the designated protection and advocacy agency if the facility has one or more residents with developmental disabilities or mental illness, and to the office of long-term care ombudsman if the facility is a nursing facility or residential care facility.   3. If the facility cited subsequently advises the department of human services that the violation has been corrected to the satisfaction of the department of inspections and appeals, the department of human services shall maintain this advisory in the same file with the copy of the citation. The department of human services shall not disseminate to the public any information regarding citations issued by the department of inspections and appeals, but shall forward or refer inquiries to the department of inspections and appeals.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.19]  83 Acts, ch 96, 157, 159; 84 Acts, ch 1227, 2; 87 Acts, ch 234, 429; 90 Acts, ch 1039, 8; 90 Acts, ch 1204, 16, 17; 2009 Acts, ch 41, 263; 2014 Acts, ch 1040, 10  Referred to in 135C.40 
135C.2 Purpose  rules  special classifications  protection and advocacy agency.   1. The purpose of this chapter is to promote and encourage adequate and safe care and housing for individuals who are aged or who, regardless of age, are infirm, convalescent, or mentally or physically dependent, by both public and private agencies by providing for the adoption and enforcement of rules and standards:   a. For the housing, care, and treatment of individuals in health care facilities, and   b. For the location, construction, maintenance, renovation, and sanitary operation of such health care facilities which will promote safe and adequate care of individuals in such homes so as to further the health, welfare, and safety of such individuals.   2. Rules and standards prescribed, promulgated, and enforced under this chapter shall not be arbitrary, unreasonable, or confiscatory and the department or agency prescribing, promulgating, or enforcing such rules or standards shall have the burden of proof to establish that such rules or standards meet such requirements and are consistent with the economic problems and conditions involved in the care and housing of persons in health care facilities.   3. a. The department shall establish by administrative rule the following special classifications:   (1) Within the residential care facility category, a special license classification for residential facilities intended to serve persons with mental illness.   (2) Within the nursing facility category, a special license classification for nursing facilities which designate and dedicate the facility or a special unit within the facility to provide care for persons who suffer from chronic confusion or a dementing illness. A nursing facility which designates and dedicates the facility or a special unit within the facility for the care of persons who suffer from chronic confusion or a dementing illness shall be specially licensed. For the purposes of this subsection, designate means to identify by a distinctive title or label and dedicate means to set apart for a definite use or purpose and to promote that purpose.   b. The department may also establish by administrative rule special classifications within the residential care facility, intermediate care facility for persons with mental illness, intermediate care facility for persons with an intellectual disability, or nursing facility categories, for facilities intended to serve individuals who have special health care problems or conditions in common. Rules establishing a special classification shall define the problem or condition to which the special classification is relevant and establish requirements for an approved program of care commensurate with the problem or condition. The rules may grant special variances or considerations to facilities licensed within the special classification.   c. The rules adopted for intermediate care facilities for persons with an intellectual disability shall be consistent with, but no more restrictive than, the federal standards for intermediate care facilities for persons with an intellectual disability established pursuant to the federal Social Security Act, 1905(c)(d), as codified in 42 U.S.C. 1396d, in effect on January 1, 1989. However, in order for an intermediate care facility for persons with an intellectual disability to be licensed, the state fire marshal must certify to the department that the facility meets the applicable provisions of the rules adopted for such facilities by the state fire marshal. The state fire marshals rules shall be based upon such a facilitys compliance with either the provisions applicable to health care occupancies or residential board and care occupancies of the life safety code of the national fire protection association, 2000 edition. The department shall adopt additional rules for intermediate care facilities for persons with an intellectual disability pursuant to section 135C.14, subsection 8.   d. Notwithstanding the limitations set out in this subsection regarding rules for intermediate care facilities for persons with an intellectual disability, the department shall consider the federal interpretive guidelines issued by the federal centers for Medicare and Medicaid services when interpreting the departments rules for intermediate care facilities for persons with an intellectual disability. This use of the guidelines is not subject to the rulemaking provisions of sections 17A.4 and 17A.5, but the guidelines shall be published in the Iowa administrative bulletin and the Iowa administrative code.   4. The protection and advocacy agency designated in the state, under Pub. L. No. 98-527, the Developmental Disabilities Act of 1984, Pub. L. No. 99-319, the Protection and Advocacy for Mentally Ill Individuals Act of 1986, and Pub. L. No. 100-146, the federal Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987, is recognized as an agency legally authorized and constituted to ensure the implementation of the purposes of this chapter for populations under its authority and in the manner designated by Pub. L. No. 98-527, Pub. L. No. 99-319, and Pub. L. No. 100-146 and in the assurances of the governor of the state.   5. The department shall establish a special classification within the residential care facility category in order to foster the development of residential care facilities which serve persons with an intellectual disability, chronic mental illness, a developmental disability, or brain injury, as described under section 225C.26, and which contain five or fewer residents. A facility within the special classification established pursuant to this subsection is exempt from the requirements of section 135.63. The department shall adopt rules which are consistent with rules previously developed for the waiver demonstration project pursuant to  1986 Iowa Acts, ch. 1246, 206  , and which include all of the following provisions:   a. A facility provider under the special classification must comply with rules adopted by the department for the special classification. However, a facility provider which has been accredited by the council on quality and leadership shall be deemed to be in compliance with the rules adopted by the department.   b. A facility must be located in an area zoned for single or multiple-family housing or in an unincorporated area and must be constructed in compliance with applicable local requirements and the rules adopted for the special classification by the state fire marshal in accordance with the concept of the least restrictive environment for the facility residents. Local requirements shall not be more restrictive than the rules adopted for the special classification by the state fire marshal and the state building code requirements for single or multiple-family housing, under section 103A.7.   c. Facility provider plans for the facilitys accessibility to residents must be in place.   d. A written plan must be in place which documents that a facility meets the needs of the facilitys residents pursuant to individual program plans developed according to age appropriate and least restrictive program requirements.   e. A written plan must be in place which documents that a facilitys residents have reasonable access to employment or employment-related training, education, generic community resources, and integrated opportunities to promote interaction with the community.   f. The facilities licensed under this subsection shall be eligible for funding utilized by other licensed residential care facilities for persons with an intellectual disability, or licensed residential care facilities for persons with mental illness, including but not limited to funding under or from the federal social services block grant, the state supplementary assistance program, state mental health and developmental disabilities services funds, and county funding provisions.   6. a. This chapter shall not apply to adult day services provided in a health care facility. However, adult day services shall not be provided by a health care facility to persons requiring a level of care which is higher than the level of care the facility is licensed to provide.   b. The level of care certification provisions pursuant to sections 135C.3 and 135C.4, the license application and fee provisions pursuant to section 135C.7, and the involuntary discharge provisions pursuant to section 135C.14, subsection 8, shall not apply to respite care services provided in a health care facility. However, respite care services shall not be provided by a health care facility to persons requiring a level of care which is higher than the level of care the facility is licensed to provide.   c. The department shall adopt rules to implement this subsection.   7. The rules adopted by the department regarding nursing facilities shall provide that a nursing facility may choose to be inspected either by the department or by the joint commission on accreditation of health care organizations. The rules regarding acceptance of inspection by the joint commission on accreditation of health care organizations shall include recognition, in lieu of inspection by the department, of comparable inspections and inspection findings of the joint commission on accreditation of health care organizations, if the department is provided with copies of all requested materials relating to the inspection process.  [C50, 54, 135C.5; C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.2]  85 Acts, ch 114, 1; 87 Acts, ch 234, 426; 88 Acts, ch 1249, 3; 89 Acts, ch 115, 1; 89 Acts, ch 269, 1; 90 Acts, ch 1039, 6; 90 Acts, ch 1267, 27; 91 Acts, ch 267, 139; 92 Acts, ch 1241, 48; 94 Acts, ch 1151, 2, 3; 94 Acts, ch 1170, 7, 22; 95 Acts, ch 67, 11; 96 Acts, ch 1053, 1; 96 Acts, ch 1129, 25, 26, 113; 98 Acts, ch 1119, 12; 99 Acts, ch 141, 11; 2001 Acts, ch 64, 3; 2002 Acts, ch 1050, 17; 2003 Acts, ch 44, 114; 2003 Acts, ch 101, 1, 4; 2012 Acts, ch 1019, 12  14; 2013 Acts, ch 30, 32; 2014 Acts, ch 1026, 143  Referred to in 135B.9, 135C.37, 135C.38, 155.1, 235A.15, 235B.6, 235F.6  Rules requiring special license classification for facility or unit designated and dedicated to caring for persons with chronic confusion or a dementing illness; applicability; existing facilities;  90 Acts, ch 1016, 1  Subsection 7 is effective contingent upon passage of federal legislation; see  96 Acts, ch 1053, 3 
135C.20 Information distributed.   The department shall prepare, publish and send to licensed health care facilities an annual report of its activities and operations under this chapter and such other bulletins containing fundamental health principles and data as may be deemed essential to assure proper operation of health care facilities, and publish for public distribution copies of the laws, standards and rules pertaining to their operation.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.20] 
135C.20A Report cards  facility inspections  complaint procedures  availability to public  electronic access.   1. The department shall develop and utilize a report card system for the recording of the findings of any inspection of a health care facility. The report card shall include but is not limited to a summary of the findings of the inspection, any violation found, any enforcement action taken including any citations issued and penalties assessed, any actions taken to correct violations or deficiencies, and the nature and status of any action taken with respect to any uncorrected violation for which a citation was issued.   2. The report card form shall be developed by the department in cooperation with representatives of the department on aging, the state long-term care ombudsman, representatives of certified volunteer long-term care ombudsmen, representatives of protection and advocacy entities, consumers, and other interested persons.   3. The department shall make any completed report cards electronically accessible to the public, on a monthly basis, and shall compile the report cards on an annual basis and make the compilation electronically accessible to the public. The annual compilation shall also be available at the office of the department at the seat of government and shall be available to the public by mail, upon request and at the departments expense.   4. In addition to the monthly and annual compilations, the department shall provide compilations of the report cards on a cumulative basis. The cumulative compilation shall reflect the report cards of health care facilities during the four-year period prior to the production of the cumulative compilation. The cumulative compilation shall be applicable to a particular health care facility as a four-year report card history of that facility becomes available. The cumulative compilation shall be available to the public in the same manner as the annual compilation.  98 Acts, ch 1141, 1; 99 Acts, ch 129, 4; 2009 Acts, ch 23, 9; 2013 Acts, ch 18, 9  Referred to in 135C.20B 
135C.20B Governors award  quality care.   1. A governors award for quality care is established, to be awarded annually by the governor to a health care facility in the state which demonstrates provision of the highest quality care to residents.   2. The department shall adopt rules establishing the criteria to determine quality care. In developing the criteria, the department shall consult with the members of Iowa partners for resident care and shall also consider all of the following:   a. The report cards completed pursuant to section 135C.20A.   b. Any unique services provided by a facility to its residents to improve the quality of care in the facility.   c. Any information submitted by residents with regard to the quality of care of the facility.   d. Whether the facility accepts residents for whom costs of care are paid under chapter 249A.  99 Acts, ch 132, 1; 2013 Acts, ch 18, 10 
135C.21 Penalties.   1. Any person establishing, conducting, managing, or operating any health care facility without a license shall be guilty of a serious misdemeanor. Each day of continuing violation after conviction or notice from the department by certified mail of a violation shall be considered a separate offense or chargeable offense. Any such person establishing, conducting, managing or operating any health care facility without a license may be by any court of competent jurisdiction temporarily or permanently restrained therefrom in any action brought by the state.   2. Any person who prevents or interferes with or attempts to impede in any way any duly authorized representative of the department or of any of the agencies referred to in section 135C.17 in the lawful enforcement of this chapter or of the rules adopted pursuant to it is guilty of a simple misdemeanor. As used in this subsection, lawful enforcement includes but is not limited to:   a. Contacting or interviewing any resident of a health care facility in private at any reasonable hour and without advance notice.   b. Examining any relevant books or records of a health care facility.   c. Preserving evidence of any violation of this chapter or of the rules adopted pursuant to it.  [C50, 54, 135C.7; C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.21] 
135C.22 Applicable to governmental units.   The provisions of this chapter shall be applicable to institutions operated by or under the control of the department of human services, the state board of regents, or any other governmental unit.  [C50, 54, 135C.8; C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.22]  83 Acts, ch 96, 157, 159 
135C.23 Express requirements for admission or residence.   No individual shall be admitted to or permitted to remain in a health care facility as a resident, except in accordance with the requirements of this section.   1. Each resident shall be covered by a contract executed at the time of admission or prior thereto by the resident, or the residents legal representative, and the health care facility, except as otherwise provided by subsection 5 with respect to residents admitted at public expense to a county care facility operated under chapter 347B. Each party to the contract shall be entitled to a duplicate original thereof, and the health care facility shall keep on file all contracts which it has with residents and shall not destroy or otherwise dispose of any such contract for at least one year after its expiration. Each such contract shall expressly set forth:   a. The terms of the contract.   b. The services and accommodations to be provided by the health care facility and the rates or charges therefor.   c. Specific descriptions of any duties and obligations of the parties in addition to those required by operation of law.   d. Any other matters deemed appropriate by the parties to the contract. No contract or any provision thereof shall be drawn or construed so as to relieve any health care facility of any requirement or obligation imposed upon it by this chapter or any standards or rules in force pursuant to this chapter, nor contain any disclaimer of responsibility for injury to the resident, or to relatives or other persons visiting the resident, which occurs on the premises of the facility or, with respect to injury to the resident, which occurs while the resident is under the supervision of any employee of the facility whether on or off the premises of the facility.   2. a. A health care facility shall not knowingly admit or retain a resident:   (1) Who is dangerous to the resident or other residents.   (2) Who is in an acute stage of alcoholism, drug addiction, or mental illness.   (3) Whose condition or conduct is such that the resident would be unduly disturbing to other residents.   (4) Who is in need of medical procedures, as determined by a physician, or services which cannot be or are not being carried out in the facility.   b. This section does not prohibit the admission of a patient with a history of dangerous or disturbing behavior to an intermediate care facility for persons with mental illness, intermediate care facility for persons with an intellectual disability, nursing facility, or county care facility when the intermediate care facility for persons with mental illness, intermediate care facility for persons with an intellectual disability, nursing facility, or county care facility has a program which has received prior approval from the department to properly care for and manage the patient. An intermediate care facility for persons with mental illness, intermediate care facility for persons with an intellectual disability, nursing facility, or county care facility is required to transfer or discharge a resident with dangerous or disturbing behavior when the intermediate care facility for persons with mental illness, intermediate care facility for persons with an intellectual disability, nursing facility, or county care facility cannot control the residents dangerous or disturbing behavior. The department, in coordination with the state mental health and disability services commission created in section 225C.5, shall adopt rules pursuant to chapter 17A for programs to be required in intermediate care facilities for persons with mental illness, intermediate care facilities for persons with an intellectual disability, nursing facilities, and county care facilities that admit patients or have residents with histories of dangerous or disturbing behavior.   c. The denial of admission of a person to a health care facility shall not be based upon the patients condition, which is the existence of a specific disease in the patient, but the decision to accept or deny admission of a patient with a specific disease shall be based solely upon the ability of the health care facility to provide the level of care required by the patient.   3. Except in emergencies, a resident who is not essentially capable of managing the residents own affairs shall not be transferred out of a health care facility or discharged for any reason without prior notification to the next of kin, legal representative, or agency acting on the residents behalf. When such next of kin, legal representative, or agency cannot be reached or refuses to cooperate, proper arrangements shall be made by the facility for the welfare of the resident before the residents transfer or discharge.   4. No owner, administrator, employee, or representative of a health care facility shall pay any commission, bonus, or gratuity in any form whatsoever, directly or indirectly, to any person for residents referred to such facility, nor accept any commission, bonus, or gratuity in any form whatsoever, directly or indirectly, for professional or other services or supplies purchased by the facility or by any resident, or by any third party on behalf of any resident, of the facility.   5. Each county which maintains a county care facility under chapter 347B shall develop a statement in lieu of, and setting forth substantially the same items as, the contracts required of other health care facilities by subsection 1. The statement must be approved by the county board of supervisors and by the department. When so approved, the statement shall be considered in force with respect to each resident of the county care facility.  [C71, 73, 75, 77, 79, 81, 135C.23]  83 Acts, ch 76, 1; 87 Acts, ch 190, 1; 88 Acts, ch 1234, 9; 90 Acts, ch 1039, 9; 94 Acts, ch 1170, 23  ; 96 Acts, ch 1129, 113  ; 2004 Acts, ch 1090, 1; 2009 Acts, ch 41, 263; 2010 Acts, ch 1031, 389; 2012 Acts, ch 1019, 17  Referred to in 135C.1, 229.21, 331.382, 335.25, 347B.9, 414.22 
135C.24 Personal property or affairs of patients or residents.   The admission of a resident to a health care facility and the residents presence therein shall not in and of itself confer on such facility, its owner, administrator, employees, or representatives any authority to manage, use, or dispose of any property of the resident, nor any authority or responsibility for the personal affairs of the resident, except as may be necessary for the safety and orderly management of the facility and as required by this section.   1. No health care facility, and no owner, administrator, employee or representative thereof shall act as guardian, trustee or conservator for any resident of such facility, or any of such residents property, unless such resident is related to the person acting as guardian within the third degree of consanguinity.   2. A health care facility shall provide for the safekeeping of personal effects, funds and other property of its residents, provided that whenever necessary for the protection of valuables or in order to avoid unreasonable responsibility therefor, the facility may require that they be excluded or removed from the premises of the facility and kept at some place not subject to the control of the facility.   3. A health care facility shall keep complete and accurate records of all funds and other effects and property of its residents received by it for safekeeping.   4. Any funds or other property belonging to or due a resident, or expendable for the residents account, which are received by a health care facility shall be trust funds, shall be kept separate from the funds and property of the facility and of its other residents, or specifically credited to such resident, and shall be used or otherwise expended only for the account of the resident. Upon request the facility shall furnish the resident, the guardian, trustee or conservator, if any, for any resident, or any governmental unit or private charitable agency contributing funds or other property on account of any resident, a complete and certified statement of all funds or other property to which this subsection applies detailing the amounts and items received, together with their sources and disposition.   5. The provisions of this section notwithstanding, upon the verified petition of the county board of supervisors the district court may appoint the administrator of a county care facility as conservator or guardian, or both, of a resident of such county care facility, in accordance with the provisions of chapter 633. Such administrator shall serve as conservator or guardian, or both, without fee. The county attorney shall serve as attorney for the administrator in such conservatorship or guardianship, or both, without fee. The administrator may establish either separate or common bank accounts for cash funds of such resident wards.  [C71, 73, 75, 77, 79, 81, 135C.24]  Referred to in 331.382, 331.756(25) 
135C.25 Resident advocate committee appointments  duties  disclosure  liability. Repealed by 2013 Acts, ch 18, 34. 
135C.26 Director notified of casualties.   The director shall be notified within twenty-four hours, by the most expeditious means available, of any accident causing major injury or death, and any fire or natural or other disaster occurring in a health care facility.  [C71, 73, 75, 77, 79, 81, 135C.26] 
135C.27 Federal funds to implement program.   If the departments services are necessary in order to assist another governmental unit to implement a federal program, the department may accept in compensation for such services federal funds initially available from the federal government to such other governmental unit for such purpose. Any governmental unit is authorized to transfer to the department for such services any federal funds available to such governmental unit, in accordance with applicable federal laws and regulations.  [C71, 73, 75, 77, 79, 81, 135C.27] 
135C.28 Conflicting statutes.   Provisions of this chapter in conflict with the state building code, as adopted pursuant to section 103A.7, shall not apply where the state building code has been adopted or when the state building code applies throughout the state.  [C73, 75, 77, 79, 81, 135C.28]  2004 Acts, ch 1086, 37 
135C.29 License list to county commissioner of elections.   To facilitate the implementation of section 53.8, subsection 3 and section 53.22, the director shall provide to each county commissioner of elections at least annually a list of each licensed health care facility in that county. The list shall include the street address or location, and the mailing address if it is other than the street address or location, of each facility.  [C77, 79, 81, 135C.29]  Referred to in 53.8 
135C.3 Nature of care.   1. A licensed nursing facility shall provide an organized twenty-four-hour program of services commensurate with the needs of its residents and under the immediate direction of a licensed nurse. Medical and nursing services must be provided under the direction of either a house physician or an individually selected physician. Surgery or obstetrical care shall not be provided within the facility. An admission to the nursing facility must be based on a physicians written order certifying that the individual being admitted requires no greater degree of nursing care than the facility to which the admission is made is licensed to provide and is capable of providing. The nursing facility is not required to admit an individual through court order, referral, or other means without the express prior approval of the administrator of the nursing facility.   2. A licensed intermediate care facility for persons with mental illness shall provide an organized twenty-four-hour program of services commensurate with the needs of its residents and under the immediate direction of a licensed registered nurse, who has had at least two years of recent experience in a chronic or acute psychiatric setting. Medical and nursing service must be provided under the direction of either a house physician or an individually selected physician. Surgery or obstetrical care shall not be provided within the facility. An admission to the intermediate care facility for persons with mental illness must be based on a physicians written order certifying that the individual being admitted requires no greater degree of nursing care than the facility to which the admission is made is licensed to provide and is capable of providing.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.3]  90 Acts, ch 1039, 7; 96 Acts, ch 1129, 113; 2012 Acts, ch 1079, 3  Referred to in 135C.2, 347B.6 
135C.30 Operation of facility under receivership.   When so authorized by section 135C.11, subsection 2, or section 135C.12, subsection 1, the director may file a verified application in the district court of the county where a health care facility licensed under this chapter is located, requesting that an individual nominated by the director be appointed as receiver for the facility with responsibility to bring the operation and condition of the facility into conformity with this chapter and the rules or minimum standards promulgated under this chapter.   1. The court shall expeditiously hold a hearing on the application, at which the director shall present evidence in support of the application. The licensee against whose facility the petition is filed may also present evidence, and both parties may subpoena witnesses. The court may appoint a receiver for the health care facility in advance of the hearing if the directors verified application states that an emergency exists which presents an imminent danger of resultant death or physical harm to the residents of the facility. If the licensee against whose facility the receivership petition is filed informs the court at or before the time set for the hearing that the licensee does not object to the application, the court shall waive the hearing and at once appoint a receiver for the facility.   2. The court, on the basis of the verified application and evidence presented at the hearing, may order the facility placed under receivership, and if so ordered, the court shall direct either that the receiver assume the duties of administrator of the health care facility or that the receiver supervise the facilitys administrator in conducting the day-to-day business of the facility. The receiver shall be empowered to control the facilitys financial resources and to apply its revenues as the receiver deems necessary to the operation of the facility in compliance with this chapter and the rules or minimum standards promulgated under this chapter, but shall be accountable to the court for management of the facilitys financial resources.   3. A receivership established under this section may be terminated by the district court which established it, after a hearing upon an application for termination. The application may be filed:   a. Jointly by the receiver and the current licensee of the health care facility which is in receivership, stating that the deficiencies in the operation, maintenance or other circumstances which were the grounds for establishment of the receivership have been corrected and that there are reasonable grounds to believe that the facility will be operated in compliance with this chapter and the rules or minimum standards promulgated under this chapter.   b. By the current licensee of the facility, alleging that termination of the receivership is merited for the reasons set forth in paragraph a of this subsection, but that the receiver has declined to join in the petition for termination of the receivership.   c. By the receiver, stating that all residents of the facility have been relocated elsewhere and that there are reasonable grounds to believe it will not be feasible to again operate the facility on a sound financial basis and in compliance with this chapter and the rules or minimum standards promulgated under this chapter, and asking that the court approve surrender of the facilitys license to the department and subsequent return of control of the facilitys premises to the owners of the premises.   4. a. Payment of the expenses of a receivership established under this section is the responsibility of the facility for which the receiver is appointed, unless the court directs otherwise. The expenses include but are not limited to:   (1) Salary of the receiver.   (2) Expenses incurred by the facility for the continuing care of the residents of the facility.   (3) Expenses incurred by the facility for the maintenance of buildings and grounds of the facility.   (4) Expenses incurred by the facility in the ordinary course of business, such as employees salaries and accounts payable.   b. The receiver is not personally liable for the expenses of the facility during the receivership. The receiver is an employee of the state as defined in section 669.2, subsection 4, only for the purpose of defending a claim filed against the receiver. Chapter 669 applies to all suits filed against the receiver.   5. This section does not:   a. Preclude the sale or lease of a health care facility, and the transfer or assignment of the facilitys license in the manner prescribed by section 135C.8, while the facility is in receivership, provided these actions are not taken without approval of the receiver.   b. Affect the civil or criminal liability of the licensee of the facility placed in receivership, for any acts or omissions of the licensee which occurred before the receiver was appointed.  [C81, 135C.30]  84 Acts, ch 1136, 1; 91 Acts, ch 107, 3; 2009 Acts, ch 41, 263  Referred to in 135C.11, 135C.12 
135C.31 Discharge of Medicaid patients.   A resident of a health care facility shall not be discharged solely because the cost of the residents care is being paid under chapter 249A or because the residents source of payment is changing from private support to payment under chapter 249A.  [81 Acts, ch 60, 2]  Referred to in 135C.36 
135C.31A Assessment of residents  program eligibility  prescription drug coverage.   1. A health care facility shall assist the Iowa department of veterans affairs in identifying, upon admission of a resident, the residents eligibility for benefits through the United States department of veterans affairs. The department of inspections and appeals, in cooperation with the department of human services, shall adopt rules to administer this section, including a provision that ensures that if a resident is eligible for benefits through the United States department of veterans affairs or other third-party payor, the payor of last resort for reimbursement to the health care facility is the medical assistance program. The rules shall also require the health care facility to request information from a resident or residents personal representative regarding the residents veteran status and to report to the Iowa department of veterans affairs only the names of residents identified as potential veterans along with the names of their spouses and any dependents. Information reported by the health care facility shall be verified by the Iowa department of veterans affairs. This section shall not apply to the admission of an individual to a state mental health institute for acute psychiatric care or to the admission of an individual to the Iowa veterans home.   2. a. If a resident is identified, upon admission to a health care facility, as eligible for benefits through the United States department of veterans affairs pursuant to subsection 1 or through other means, the health care facility shall allow the resident to access any prescription drug benefit included in such benefits for which the resident is also eligible. The health care facility shall also assist the Iowa department of veterans affairs in identifying individuals residing in such health care facilities on July 1, 2009, who are eligible for the prescription drug benefit.   b. The department of inspections and appeals, the department of veterans affairs, and the department of human services shall identify any barriers to residents in accessing such prescription drug benefits and shall assist health care facilities in adjusting their procedures for medication administration to comply with this subsection.  2003 Acts, ch 112, 2; 2003 Acts, ch 179, 160; 2004 Acts, ch 1175, 226; 2005 Acts, ch 115, 28, 40; 2006 Acts, ch 1109, 1; 2009 Acts, ch 63, 1 
135C.32 Hospice services covered by Medicare.   The requirement that the care of a resident of a health care facility must be provided under the immediate direction of either the facility or the residents personal physician does not apply if all of the following conditions are met:   1. The resident is terminally ill.   2. The resident has elected to receive hospice services under the federal Medicare program from a Medicare certified hospice program.   3. The health care facility and the Medicare certified hospice program have entered into a written agreement under which the hospice program takes full responsibility for the professional management of the residents hospice care and the facility agrees to provide room and board to the resident.  88 Acts, ch 1037, 1 
135C.33 Employees and certified nurse aide trainees  child or dependent adult abuse information and criminal record check options  evaluations  application to other providers  penalty.   1. a. For the purposes of this section, the term crime does not include offenses under chapter 321 classified as a simple misdemeanor or equivalent simple misdemeanor offenses from another jurisdiction.   b. Prior to employment of a person in a facility or with a provider as specified in subsection 5, the facility or provider shall do one of the following:   (1) Request that the department of public safety perform a criminal history check and the department of human services perform child and dependent adult abuse record checks of the person in this state.   (2) Access the single contact repository to perform the required record checks.   c. (1) If a facility or a provider as specified in subsection 5 accesses the single contact repository to perform the required record checks pursuant to paragraph b, the facility or provider may utilize a third-party vendor to perform a comprehensive preliminary background check and provisionally employ a person being considered for employment pending completion of the required record checks through the single contact repository and the evaluation by the department of human services, as applicable, subject to all of the following:   (a) If the comprehensive preliminary background check determines that the person being considered for employment has been convicted of a crime, but the crime does not constitute a felony as defined in section 701.7 and is not a crime specified pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or 712, or pursuant to section 726.3, 726.7, or 726.8.   (b) If the comprehensive preliminary background check determines the person being considered for employment does not have a record of founded child abuse or dependent adult abuse or if an exception pursuant to subsection 4 is applicable to the person.   (c) If the facility or provider has requested an evaluation in accordance with subsection 2, paragraph a, to determine whether the crime warrants prohibition of the persons employment in the facility or with the provider.   (2) The provisional employment under this paragraph c may continue until such time as the required record checks through the single contact repository and the evaluation by the department of human services, as applicable, are completed.   d. A facility or provider shall inform all persons prior to employment regarding the performance of the record checks and shall obtain, from the persons, a signed acknowledgment of the receipt of the information. A facility or provider shall include the following inquiry in an application for employment:   Do you have a record of founded child or dependent adult abuse or have you ever been convicted of a crime other than a simple misdemeanor offense relating to motor vehicles and laws of the road under chapter 321 or equivalent provisions, in this state or any other state?   2. a. If it is determined that a person being considered for employment in a facility or with a provider has been convicted of a crime under a law of any state, the department of public safety shall notify the facility or provider that upon the request of the facility or provider the department of human services will perform an evaluation to determine whether the crime warrants prohibition of the persons employment in the facility or with the provider.   b. (1) If a person being considered for employment, other than employment involving the operation of a motor vehicle, has been convicted of a crime listed in subparagraph (2) but does not have a record of founded child or dependent adult abuse and the facility or provider has requested an evaluation in accordance with paragraph a to determine whether the crime warrants prohibition of the persons employment, the facility or provider may employ the person for not more than sixty calendar days pending completion of the evaluation.   (2) Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47, and to a crime that is a first offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1.   c. If a department of human services child or dependent adult abuse record check shows that such person has a record of founded child or dependent adult abuse, the department of human services shall notify the facility or provider that upon the request of the facility or provider the department of human services will perform an evaluation to determine whether the founded child or dependent adult abuse warrants prohibition of employment in the facility or with the provider.   d. An evaluation performed under this subsection shall be performed in accordance with procedures adopted for this purpose by the department of human services.   e. (1) If a person owns or operates more than one facility or a provider owns or operates more than one location, and an employee of one of such facilities or provider locations is transferred to another such facility or provider location without a lapse in employment, the facility or provider is not required to request additional criminal and child and dependent adult abuse record checks of that employee.   (2) If the ownership of a facility or provider is transferred, at the time of transfer the record checks required by this section shall be performed for each employee for whom there is no documentation that such record checks have been performed. The facility or provider may continue to employ such employee pending the performance of the record checks and any related evaluation.   3. In an evaluation, the department of human services shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child or dependent adult abuse, the circumstances under which the crime or founded child or dependent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child or dependent adult abuse again, and the number of crimes or founded child or dependent adult abuses committed by the person involved. If the department of human services performs an evaluation for the purposes of this section, the department of human services has final authority in determining whether prohibition of the persons employment is warranted.   4. a. Except as provided in subsection 1, paragraph c, subsection 2, and paragraph b of this subsection, a person who has committed a crime or has a record of founded child or dependent adult abuse shall not be employed in a facility or with a provider unless an evaluation has been performed by the department of human services.   b. A person with a criminal or abuse record who is or was employed by a facility or provider and is hired by another facility or provider shall be subject to the criminal history and abuse record checks required pursuant to subsection 1. However, if an evaluation was previously performed by the department of human services concerning the persons criminal or abuse record and it was determined that the record did not warrant prohibition of the persons employment and the latest record checks do not indicate a crime was committed or founded abuse record was entered subsequent to that evaluation, the person may commence employment with the other facility or provider in accordance with the department of human services evaluation and an exemption from the requirements in paragraph a for reevaluation of the latest record checks is authorized. Otherwise, the requirements of paragraph a remain applicable to the persons employment. Authorization of an exemption under this paragraph b from requirements for reevaluation of the latest record checks by the department of human services is subject to all of the following provisions:   (1) The position with the subsequent employer is substantially the same or has the same job responsibilities as the position for which the previous evaluation was performed.   (2) Any restrictions placed on the persons employment in the previous evaluation by the department of human services shall remain applicable in the persons subsequent employment.   (3) The person subject to the record checks has maintained a copy of the previous evaluation and provides the evaluation to the subsequent employer or the previous employer provides the previous evaluation from the persons personnel file pursuant to the persons authorization. If a physical copy of the previous evaluation is not provided to the subsequent employer, the record checks shall be reevaluated.   (4) Although an exemption under this paragraph b may be authorized, the subsequent employer may instead request a reevaluation of the record checks and may employ the person while the reevaluation is being performed.   5. a. This section shall also apply to prospective employees of all of the following, if the provider is regulated by the state or receives any state or federal funding:   (1) An employee of a homemaker-home health aide, home care aide, adult day services, or other provider of in-home services if the employee provides direct services to consumers.   (2) An employee of a hospice, if the employee provides direct services to consumers.   (3) An employee who provides direct services to consumers under a federal home and community-based services waiver.   (4) An employee of an elder group home certified under chapter 231B, if the employee provides direct services to consumers.   (5) An employee of an assisted living program certified under chapter 231C, if the employee provides direct services to consumers.   b. In substantial conformance with the provisions of this section, including the provision authorizing provisional employment following completion of a comprehensive preliminary background check, prior to the employment of such an employee, the provider shall request the performance of the criminal and child and dependent adult abuse record checks. The provider shall inform the prospective employee and obtain the prospective employees signed acknowledgment. The department of human services shall perform the evaluation of any criminal record or founded child or dependent adult abuse record and shall make the determination of whether a prospective employee of a provider shall not be employed by the provider.   6. a. This section shall also apply to an employee of a temporary staffing agency that provides staffing for a facility, service, program, or other provider regulated by this section if the employee provides direct services to consumers.   b. In substantial conformance with the provisions of this section, including the provision authorizing provisional employment following completion of a comprehensive preliminary background check, prior to the employment of such an employee, the temporary staffing agency shall request the performance of the criminal and child and dependent adult abuse record checks. The temporary staffing agency shall inform the prospective employee and obtain the prospective employees signed acknowledgment. The department of human services shall perform the evaluation of any criminal record or founded child or dependent adult abuse record and shall make the determination of whether a prospective employee of a temporary staffing agency shall not be employed by the assisted living program as defined in section 231C.2, the Medicare certified home health agency, or the facility, service, program, or other provider regulated by this section.   c. If a person employed by a temporary staffing agency that is subject to this section is convicted of a crime or has a record of founded child or dependent adult abuse entered in the abuse registry after the persons employment application date, the person shall inform the temporary staffing agency within forty-eight hours and the temporary staffing agency shall inform the facility, service, program, or other provider within two hours.   d. If a temporary staffing agency fails to comply with the requirements of this section, the temporary staffing agency shall be liable to the facility, service, program, or other provider for any actual damages, including civil penalties, and reasonable attorney fees.   e. This section shall not apply to employees employed by a temporary staffing agency for a position that does not provide direct services to consumers.   7. a. The department of inspections and appeals, in conjunction with other departments and agencies of state government involved with criminal history and abuse registry information, shall establish a single contact repository for facilities and other providers to have electronic access to data to perform background checks for purposes of employment, as required of the facilities and other providers under this section.   b. The department may access the single contact repository for any of the following purposes:   (1) To verify data transferred from the departments nurse aide registry to the repository.   (2) To conduct record checks of applicants for employment with the department.   8. a. If a person employed by a facility, service, or program employer that is subject to this section is convicted of a crime or has a record of founded child or dependent adult abuse entered in the abuse registry after the persons employment application date, the person shall inform the employer of such information within forty-eight hours of the criminal conviction or entry of the record of founded child or dependent adult abuse. The employer shall act to verify the information within seven calendar days of notification. If the information is verified, the requirements of subsections 2, 3, and 4 regarding employability and evaluations shall be applied by the employer to determine whether or not the persons employment is continued. The employer may continue to employ the person pending the performance of an evaluation by the department of human services to determine whether prohibition of the persons employment is warranted. A person who is required by this subsection to inform the persons employer of a conviction or entry of an abuse record and fails to do so within the required period commits a serious misdemeanor.   b. If a facility, service, or program employer receives credible information, as determined by the employer, that a person employed by the employer has been convicted of a crime or a record of founded child or dependent adult abuse has been entered in the abuse registry after employment from a person other than the employee and the employee has not informed the employer of such information within the period required under paragraph a, the employer shall act to verify the credible information within seven calendar days of receipt of the credible information. If the information is verified, the requirements of subsections 2, 3, and 4 regarding employability and evaluations shall be applied to determine whether or not the persons employment is continued.   c. The employer may notify the county attorney for the county where the employer is located of any violation or failure by an employee to notify the employer of a criminal conviction or entry of an abuse record within the period required under paragraph a.   9. a. For the purposes of this subsection, unless the context otherwise requires:   (1) Certified nurse aide training program means a program approved in accordance with the rules for such programs adopted by the department of human services for the training of persons seeking to be a certified nurse aide for employment in any of the facilities or programs this section applies to or in a hospital, as defined in section 135B.1.   (2) Student means a person applying for, enrolled in, or returning to a certified nurse aide training program.   b. (1) Prior to a student beginning or returning to a certified nurse aide training program, the program shall do one of the following:   (a) Request that the department of public safety perform a criminal history check and the department of human services perform child and dependent adult abuse record checks, in this state, of the student.   (b) Access the single contact repository to perform the required record checks.   (2) If a program accesses the single contact repository to perform the required record checks pursuant to subparagraph (1), the program may utilize a third-party vendor to perform a comprehensive preliminary background check to allow a person to provisionally participate in the clinical component of the certified nurse aide training program pending completion of the required record checks through the single contact repository and the evaluation by the department of human services, as applicable, subject to all of the following:   (a) If the comprehensive preliminary background check determines that the person being considered for provisional participation has been convicted of a crime but the crime does not constitute a felony as defined in section 701.7 and is not a crime specified pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or 712, or pursuant to section 726.3, 726.7, or 726.8.   (b) If the comprehensive preliminary background check determines the person being considered for provisional participation does not have a record of founded child abuse or dependent adult abuse or if an exception pursuant to subsection 4 is applicable to the person.   (c) If the program has requested an evaluation in accordance with subsection 2, paragraph a, to determine whether the crime warrants prohibition of the persons provisional participation.   (d) The provisional participation under this subparagraph (2) may continue until such time as the required record checks through the single contact repository and the evaluation by the department of human services, as applicable, are completed.   c. If a student has a criminal record or a record of founded child or dependent adult abuse, the student shall not be involved in a clinical education component of the certified nurse aide training program involving children or dependent adults unless an evaluation has been performed by the department of human services. Upon request of the certified nurse aide training program, the department of human services shall perform an evaluation to determine whether the record warrants prohibition of the students involvement in a clinical education component of the certified nurse aide training program involving children or dependent adults. The evaluation shall be performed in accordance with the criteria specified in subsection 3, and the department of human services shall report the results of the evaluation to the certified nurse aide training program. The department of human services has final authority in determining whether prohibition of the students involvement in the clinical education component is warranted.   d. (1) If a students clinical education component of the training program involves children or dependent adults but does not involve operation of a motor vehicle, and the student has been convicted of a crime listed in subparagraph (2), but does not have a record of founded child or dependent adult abuse, and the training program has requested an evaluation in accordance with paragraph c to determine whether the crime warrants prohibition of the students involvement in such clinical education component, the training program may allow the students participation in the component for not more than sixty days pending completion of the evaluation.   (2) Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47, and to a crime that is a first offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1.   e. (1) If a student is convicted of a crime or has a record of founded child or dependent adult abuse entered in the abuse registry after the record checks and any evaluation have been performed, the student shall inform the certified nurse aide training program of such information within forty-eight hours of the criminal conviction or entry of the record of founded child or dependent adult abuse. The program shall act to verify the information within seven calendar days of notification. If the information is verified, the requirements of paragraph c shall be applied by the program to determine whether or not the students involvement in a clinical education component may continue. The program may allow the student involvement to continue pending the performance of an evaluation by the department of human services. A student who is required by this subparagraph to inform the program of a conviction or entry of an abuse record and fails to do so within the required period commits a serious misdemeanor.   (2) If a program receives credible information, as determined by the program, that a student has been convicted of a crime or a record of founded child or dependent adult abuse has been entered in the abuse registry after the record checks and any evaluation have been performed, from a person other than the student and the student has not informed the program of such information within the period required under subparagraph (1), the program shall act to verify the credible information within seven calendar days of receipt of the credible information. If the information is verified, the requirements of paragraph c shall be applied to determine whether or not the students involvement in a clinical education component may continue.   (3) The program may notify the county attorney for the county where the program is located of any violation or failure by a student to notify the program of a criminal conviction or entry of an abuse record within the period required under subparagraph (1).   f. If a certified nurse aide training program is conducted by a health care facility and a student of that program subsequently accepts and begins employment with the facility within thirty days of completing the program, the criminal history and abuse registry checks of the student performed pursuant to this subsection shall be deemed to fulfill the requirements for such checks prior to employment pursuant to subsection 1.  94 Acts, ch 1130, 12; 97 Acts, ch 42, 1; 98 Acts, ch 1141, 2; 98 Acts, ch 1223, 20, 21; 99 Acts, ch 96, 11; 99 Acts, ch 114, 5; 2001 Acts, ch 8, 1; 2001 Acts, ch 20, 2, 3; 2001 Acts, ch 64, 4; 2002 Acts, ch 1050, 18; 2003 Acts, ch 166, 2; 2006 Acts, ch 1069, 1; 2008 Acts, ch 1187, 112; 2009 Acts, ch 133, 36; 2010 Acts, ch 1012, 1, 2; 2012 Acts, ch 1074, 1; 2013 Acts, ch 21, 3, 4, 6, 7; 2014 Acts, ch 1040, 11  14; 2015 Acts, ch 30, 58; 2017 Acts, ch 58, 1; 2020 Acts, ch 1029, 5  Referred to in 135B.34, 135C.36, 152.5A, 231B.2, 231C.3, 231D.14, 235A.15, 235A.16, 235B.6, 235B.7, 237A.5, 633.564  Legislative intent;  98 Acts, ch 1217, 36  Department of inspections and appeals to post list of third-party vendors eligible to conduct comprehensive preliminary background checks; 2020 Acts, ch 1029, 7 
135C.34 Medication aide  certification.   The department of inspections and appeals, in cooperation with other appropriate agencies, shall establish a procedure to allow a person who is certified as a medication aide in another state to become certified in this state upon completion and passage of both the certified nurse aide and certified medication aide challenge examinations, without additional requirements for certification, including but not limited to, required employment in this state prior to certification. The department shall adopt rules pursuant to chapter 17A to administer this section.  94 Acts, ch 1036, 1 
135C.35 Training of inspectors.   1. Subject to the availability of funding, all nursing facility inspectors shall receive twelve hours of annual continuing education in gerontology, wound care, dementia, falls, or a combination of these subjects.   2. An inspector shall not be personally liable for financing the training required under subsection 1.   3. The department shall consult with the collective bargaining representative of the inspector in regard to the training required under this section.  2009 Acts, ch 156, 2 
135C.36 Violations classified  penalties.   Every violation by a health care facility of any provision of this chapter or of the rules adopted pursuant to it shall be classified by the department in accordance with this section. The department shall adopt and may from time to time modify, in accordance with chapter 17A, rules setting forth so far as feasible the specific violations included in each classification and stating criteria for the classification of any violation not so listed.   1. A class I violation is one which presents an imminent danger or a substantial probability of resultant death or physical harm to the residents of the facility in which the violation occurs. A physical condition or one or more practices in a facility may constitute a class I violation. A class I violation shall be abated or eliminated immediately unless the department determines that a stated period of time, specified in the citation issued under section 135C.40, is required to correct the violation. A licensee is subject to a penalty of not less than two thousand nor more than ten thousand dollars for each class I violation for which the licensees facility is cited.   2. A class II violation is one which has a direct or immediate relationship to the health, safety, or security of residents of a health care facility, but which presents no imminent danger nor substantial probability of death or physical harm to them. A physical condition or one or more practices within a facility, including either physical abuse of any resident or failure to treat any resident with consideration, respect, and full recognition of the residents dignity and individuality, in violation of a specific rule adopted by the department, may constitute a class II violation. A violation of section 135C.14, subsection 8, or section 135C.31 and rules adopted under those sections shall be at least a class II violation and may be a class I violation. A class II violation shall be corrected within a stated period of time determined by the department and specified in the citation issued under section 135C.40. The stated period of time specified in the citation may subsequently be modified by the department for good cause shown. A licensee is subject to a penalty of not less than one hundred nor more than five hundred dollars for each class II violation for which the licensees facility is cited; however the director may, upon written request of the facility, waive the penalty if the violation is corrected within the time specified in the citation. The department shall adopt rules in accordance with chapter 17A establishing criteria for the granting or denial of a waiver request.   3. A class III violation is any violation of this chapter or of the rules adopted pursuant to it which violation is not classified in the departments rules nor classifiable under the criteria stated in those rules as a class I or a class II violation. A licensee shall not be subject to a penalty for a class III violation, except as provided by section 135C.40, subsection 1, for failure to correct the violation within a reasonable time specified by the department in the notice of the violation.   4. Any state penalty, including a fine or citation, issued following a state licensure and federal certification survey or investigation shall be dismissed if the corresponding federal deficiency is dismissed or removed. Any state penalty, including a fine or citation, shall be retained or reinstated if the federal deficiency is retained or reinstated.   5. If a facility self-identifies a deficient practice prior to an on-site visit inspection, there has been no complaint filed with the department related to that specific deficient practice, and the facility corrects such practice prior to an inspection, no citation shall be issued or fine assessed pursuant to subsection 2 or 3 except for those penalties arising pursuant to section 135C.33;  481 IAC 57.12(2)(d)  ,   481 IAC 57.12(3)  ,   481 IAC 57.15(5)  ,   481 IAC 57.25(1)  ,   481 IAC 57.39  ,   481 IAC 58.11(3)  ,   481 IAC 58.14(5)  ,   481 IAC 58.19(2)(a)  ,   481 IAC 58.19(2)(h)  ,   481 IAC 58.28(1)(a)  ,   481 IAC 58.43  ,   481 IAC 62.9(5)  ,   481 IAC 62.15(1)(a)  ,   481 IAC 62.19(2)(c)  ,   481 IAC 62.19(7)  ,   481 IAC 62.23(23)-(25)  ,   481 IAC 63.11(2)(d)  ,   481 IAC 63.11(3)  ,   481 IAC 63.23(1)(a)  ,   481 IAC 63.37  ,   481 IAC 64.4(9)  ,   481 IAC 64.33  ,   481 IAC 64.34  ,   481 IAC 65.9(5)  ,   481 IAC 65.15  , or   481 IAC 65.25(3)-(5)  , or the successor to any of such rules; or  42 C.F.R. 483.420(d)  ,  42 C.F.R. 483.460(c)(4)  , or  42 C.F.R. 483.470(j)  , or the successor to any of such federal regulations.  [C77, 79, 81, 135C.36; 81 Acts, ch 60, 3]  86 Acts, ch 1168, 1; 2009 Acts, ch 156, 3, 4; 2015 Acts, ch 29, 25; 2015 Acts, ch 80, 2  Referred to in 135C.40, 135C.41, 135C.44, 135C.44A, 249A.57 
135C.37 Complaints alleging violations  confidentiality.   A person may request an inspection of a health care facility by filing with the department, certified volunteer long-term care ombudsman, or the office of long-term care ombudsman, a complaint of an alleged violation of applicable requirements of this chapter or the rules adopted pursuant to this chapter. A person alleging abuse or neglect of a resident with a developmental disability or with mental illness may also file a complaint with the protection and advocacy agency designated pursuant to section 135B.9 or section 135C.2. A copy of a complaint filed with a certified volunteer long-term care ombudsman or the office of long-term care ombudsman shall be forwarded to the department. The complaint shall state in a reasonably specific manner the basis of the complaint, and a statement of the nature of the complaint shall be delivered to the facility involved at the time of the inspection. The name of the person who files a complaint with the department, certified volunteer long-term care ombudsman, or the office of long-term care ombudsman shall be kept confidential and shall not be subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than department employees involved in the investigation of the complaint.  [C77, 79, 81, 135C.37]  84 Acts, ch 1227, 3; 85 Acts, ch 186, 2; 89 Acts, ch 241, 3; 89 Acts, ch 321, 28; 91 Acts, ch 107, 4; 99 Acts, ch 129, 6; 2005 Acts, ch 45, 1; 2010 Acts, ch 1062, 1; 2013 Acts, ch 18, 11  Referred to in 135C.38, 135C.40, 135C.46, 135C.48 
135C.38 Inspections upon complaints.   1. a. Upon receipt of a complaint made in accordance with section 135C.37, the department shall make a preliminary review of the complaint. Unless the department concludes that the complaint is intended to harass a facility or a licensee or is without reasonable basis, the department shall make or cause to be made an on-site inspection of the health care facility which is the subject of the complaint within the time period determined pursuant to the following guidelines, which period shall commence on the date of receipt of the complaint:   (1) For nursing facilities, an on-site inspection shall be initiated as follows:   (a) Within two working days for a complaint determined by the department to be an alleged immediate jeopardy situation.   (b) Within ten working days for a complaint determined by the department to be an alleged high-level, nonimmediate jeopardy situation.   (c) Within forty-five calendar days for a complaint determined by the department to be an alleged nonimmediate jeopardy situation, other than a high-level situation.   (2) For all other types of health care facilities, an on-site inspection shall be initiated as follows:   (a) Within two working days for a complaint determined by the department to be an alleged immediate jeopardy situation.   (b) Within twenty working days for a complaint determined by the department to be an alleged high-level, nonimmediate jeopardy situation.   (c) Within forty-five calendar days for a complaint determined by the department to be an alleged nonimmediate jeopardy situation, other than a high-level situation.   b. The complaint investigation shall include, at a minimum, an interview with the complainant, the alleged perpetrator, and the victim of the alleged violation, if the victim is able to communicate, if the complainant, alleged perpetrator, or victim is identifiable, and if the complainant, alleged perpetrator, or victim is available. Additionally, witnesses who have knowledge of facts related to the complaint shall be interviewed, if identifiable and available. The names of witnesses may be obtained from the complainant or the victim. The files of the facility may be reviewed to ascertain the names of staff persons on duty at the time relevant to the complaint. The department shall apply a preponderance of the evidence standard in determining whether or not a complaint is substantiated. For the purposes of this subsection, a preponderance of the evidence standard means that the evidence, considered and compared with the evidence opposed to it, produces the belief in a reasonable mind that the allegations are more likely true than not true. A preponderance of the evidence standard does not require that the investigator personally witnessed the alleged violation.   c. The department may refer to a representative of the office of long-term care ombudsman any complaint received by the department regarding a facility, for initial evaluation and appropriate action by the office of long-term care ombudsman.   2. a. The complainant shall be promptly informed of the result of any action taken by the department or the office of long-term care ombudsman in the matter. The complainant shall also be notified of the name, address, and telephone number of the designated protection and advocacy agency if the alleged violation involves a facility with one or more residents with developmental disabilities or mental illness.   b. Upon conclusion of the investigation, the department shall notify the complainant of the results. The notification shall include a statement of the factual findings as determined by the investigator, the statutory or regulatory provisions alleged to have been violated, and a summary of the reasons for which the complaint was or was not substantiated.   c. The department shall mail the notification to the complainant without charge. Upon the request of the complainant, the department shall mail to the complainant, without charge, a copy of the most recent final findings regarding compliance with licensing requirements by the facility against which the complaint was filed.   d. A person who is dissatisfied with any aspect of the departments handling of the complaint may contact the office of long-term care ombudsman, or may contact the protection and advocacy agency designated pursuant to section 135C.2 if the complaint relates to a resident with a developmental disability or a mental illness.   3. An inspection made pursuant to a complaint filed under section 135C.37 need not be limited to the matter or matters included in the complaint. However, the inspection shall not be a general inspection unless the complaint inspection coincides with a scheduled general inspection or unless in the course of the complaint investigation a violation is evident to the inspector. Upon arrival at the facility to be inspected, the inspector shall show identification to the person in charge of the facility and state that an inspection is to be made, before beginning the inspection. Upon request of either the complainant or the department or a representative of the office of long-term care ombudsman, the complainant or the complainants representative or both may be allowed the privilege of accompanying the inspector during any on-site inspection made pursuant to this section. The inspector may cancel the privilege at any time if the inspector determines that the privacy of any resident of the facility to be inspected would otherwise be violated. The protection and dignity of the resident shall be given first priority by the inspector and others.  [C77, 79, 81, 135C.38]  87 Acts, ch 234, 430; 89 Acts, ch 241, 4; 91 Acts, ch 107, 5, 6; 99 Acts, ch 129, 7, 8; 2000 Acts, ch 1180, 2; 2007 Acts, ch 93, 2; 2010 Acts, ch 1062, 2; 2013 Acts, ch 18, 12  14; 2014 Acts, ch 1040, 15  18  Referred to in 135C.16, 135C.39 
135C.39 No advance notice of inspection  exception.   No advance notice of an on-site inspection made pursuant to section 135C.38 shall be given the health care facility or the licensee thereof unless previously and specifically authorized in writing by the director or required by federal law. The person in charge of the facility shall be informed of the substance of the complaint at the commencement of the on-site inspection.  [C77, 79, 81, 135C.39]  89 Acts, ch 241, 5; 90 Acts, ch 1039, 10  Administrative penalty; see 135C.45A 
135C.4 Residential care facilities.   1. Each facility licensed as a residential care facility shall provide an organized continuous twenty-four-hour program of care commensurate with the needs of the residents of the home and under the immediate direction of a person approved and certified by the department whose combined training and supervised experience is such as to ensure adequate and competent care.   2. All admissions to residential care facilities shall be based on an order written by a physician certifying that the individual being admitted does not require nursing services or that the individuals need for nursing services can be avoided if home and community-based services, other than nursing care, as defined by this chapter and departmental rule, are provided.   3. For the purposes of this section, the home and community-based services to be provided shall be limited to the type included under the medical assistance program provided pursuant to chapter 249A, shall be subject to cost limitations established by the department of human services under the medical assistance program, and except as otherwise provided by the department of inspections and appeals with the concurrence of the department of human services, shall be limited in capacity to the number of licensed residential care facilities and the number of licensed residential care facility beds in the state as of December 1, 2003.   4. A residential care facility is not required to admit an individual through court order, referral, or other means without the express prior approval of the administrator of the residential care facility.  [C50, 54, 135C.9; C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.4]  2004 Acts, ch 1085, 2, 11; 2012 Acts, ch 1079, 4  Referred to in 135C.2, 347B.6 
135C.40 Citations when violations found  penalties  exception.   1. If the director determines, based on the findings of an inspection or investigation of a health care facility, that the facility is in violation of this chapter or rules adopted under this chapter, the director within five working days after making the determination, may issue a written citation to the facility. The citation shall be served upon the facility personally, by electronic mail, or by certified mail, except that a citation for a class III violation may be sent by ordinary mail. Each citation shall specifically describe the nature of the violation, identifying the Code section or subsection or the rule or standard violated, and the classification of the violation under section 135C.36. Where appropriate, the citation shall also state the period of time allowed for correction of the violation, which shall in each case be the shortest period of time the department deems feasible. Failure to correct a violation within the time specified, unless the licensee shows that the failure was due to circumstances beyond the licensees control, shall subject the facility to a further penalty of fifty dollars for each day that the violation continues after the time specified for correction.   a. If a facility licensed under this chapter is subject to or will be subject to denial of payment including payment for Medicare or medical assistance under chapter 249A, or denial of payment for all new admissions pursuant to  42 C.F.R. 488.417  , and submits a plan of correction relating to a statement of deficiencies or a response to a citation issued under rules adopted by the department and the department elects to conduct an on-site revisit inspection, the department shall commence the revisit inspection within the shortest time feasible of the date that the plan of correction is received, or the date specified within the plan of correction alleging compliance, whichever is later.   b. If the department recommends the issuance of federal remedies pursuant to  42 C.F.R. 488.406(a)(2)   or  (a)(3)  , relating to an inspection conducted by the department, the department shall issue the statement of deficiencies within twenty-four hours of the date that the centers for Medicare and Medicaid services of the United States department of health and human services was notified of the recommendation for the imposition of remedies.   c. The facility shall be provided an exit interview at the conclusion of an inspection and the facility representative shall be informed of all issues and areas of concern related to the deficient practices. The department may conduct the exit interview either in person or by telephone, and a second exit interview shall be provided if any additional issues or areas of concern are identified. The facility shall be provided two working days from the date of the exit interview to submit additional or rebuttal information to the department.   2. When a citation is served upon or mailed to a health care facility under subsection 1 and the licensee of the facility is not actually involved in the daily operation of the facility, a copy of the citation shall be mailed to the licensee. If the licensee is a corporation, a copy of the citation shall be sent to the corporations office of record. If the citation was issued pursuant to an inspection resulting from a complaint filed under section 135C.37, a copy of the citation shall be sent to the complainant at the earliest time permitted by section 135C.19, subsection 1.   3. No health care facility shall be cited for any violation caused by any practitioner licensed pursuant to chapter 148 if that practitioner is not the licensee of and is not otherwise financially interested in the facility and the licensee or the facility presents evidence that reasonable care and diligence have been exercised in notifying the practitioner of the practitioners duty to the patients in the facility.  [C77, 79, 81, 135C.40; 81 Acts, ch 61, 1]  84 Acts, ch 1227, 4; 2008 Acts, ch 1088, 89; 2009 Acts, ch 156, 5  Referred to in 135C.19, 135C.36, 135C.41, 135C.46 
135C.40A Issuance of final findings.   The department shall issue the final findings of an inspection or investigation of a health care facility within ten working days after completion of the on-site inspection or investigation. The final findings shall be served upon the facility personally, by electronic mail, or by certified mail.  2009 Acts, ch 156, 6  Referred to in 135C.46 
135C.41 Licensees response to citation.   Within twenty business days after service of a citation under section 135C.40, a facility shall do one of the following:   1. If the facility does not desire to contest the citation, take one of the following actions:   a. Remit to the department the amount specified by the department pursuant to section 135C.36 as a penalty for each class I violation cited, and for each class II violation unless the citation specifically waives the penalty, which funds shall be paid by the department into the state treasury and credited to the general fund.   b. In the case of a class II violation for which the penalty has been waived in accordance with the standards prescribed in section 135C.36, subsection 2, or a class III violation, send to the department a written response acknowledging that the citation has been received and stating that the violation will be corrected within the specific period of time allowed by the citation.   2. If the facility desires to contest the citation, notify the director that the facility desires to contest the citation and do either of the following:   a. Request an informal conference with an independent reviewer pursuant to section 135C.42. Upon the conclusion of an informal conference, in the case of an affirmed or modified citation, the facility may request a contested case hearing in writing within five days after receipt of the written explanation of the independent reviewer.   b. Request a contested case hearing in the manner provided by chapter 17A for contested cases. The formal hearing shall be conducted in accordance with chapter 17A and rules adopted by the department.  [C77, 79, 81, 135C.41]  2009 Acts, ch 156, 7; 2010 Acts, ch 1069, 16; 2013 Acts, ch 26, 1, 7; 2014 Acts, ch 1092, 31; 2015 Acts, ch 80, 3  Referred to in 135C.42, 135C.43A, 135C.46 
135C.42 Informal conference on contested citation.   1. The director shall provide an independent reviewer to hold an informal conference with the facility within ten working days after receipt of a request made under section 135C.41, subsection 2, paragraph a. At the conclusion of the conference the independent reviewer may affirm or may modify or dismiss the citation. The independent reviewer shall state in writing the specific reasons for the affirmation, modification, or dismissal and immediately transmit copies of the statement to the director, and to the facility. If the facility does not desire to further contest an affirmed or modified citation, it shall comply with section 135C.41, subsection 1, within five working days after receipt of the written explanation of the independent reviewer.   2. An independent reviewer shall be licensed as an attorney in the state of Iowa and shall not be employed or have been employed by the department in the past eight years or have appeared in front of the department on behalf of a health care facility in the past eight years. Preference shall be given to an attorney with background knowledge, experience, or training in long-term care. The department may issue a request for proposals to enter into a contract for the purpose of providing one or more independent reviewers for informal conferences.   3. An informal conference, as required in this section, shall be held concurrently with any informal dispute resolution held pursuant to  42 C.F.R. 488.331   for those health care facilities certified under Medicare or the medical assistance program.  [C77, 79, 81, 135C.42]  2013 Acts, ch 26, 2, 7; 2015 Acts, ch 80, 4; 2016 Acts, ch 1073, 59  Referred to in 135C.7, 135C.41, 135C.46 
135C.43 Judicial review.   1. A facility which has exhausted all adequate administrative remedies and is aggrieved by the final action of the department may petition for judicial review in the manner provided by chapter 17A.   2. Hearings on petitions for judicial review brought under this section shall be set for trial at the earliest possible date and shall take precedence on the court calendar over all other cases except matters to which equal or superior precedence is specifically granted by law. The times for pleadings and for hearings in such actions shall be set by the judge of the court with the object of securing a decision in the matter at the earliest possible time.  [C77, 79, 81, 135C.43]  2009 Acts, ch 156, 8; 2010 Acts, ch 1069, 17; 2013 Acts, ch 26, 3, 7; 2015 Acts, ch 80, 5 
135C.43A Reduction of penalty amount.   If a facility has been assessed a penalty, does not request a formal hearing pursuant to section 135C.41, subsection 2, paragraph b, or withdraws its request for a formal hearing within thirty days of the date that the penalty was assessed, and the penalty is paid within thirty days of the receipt of notice or service, the amount of the penalty shall be reduced by thirty-five percent. The citation which includes the civil penalty shall include a statement to this effect.  2009 Acts, ch 156, 9; 2015 Acts, ch 80, 6 
135C.44 Treble fines for repeated violations.   The penalties authorized by section 135C.36 shall be trebled for a second or subsequent class I or class II violation occurring within any twelve-month period if a citation was issued for the same class I or class II violation occurring within that period and a penalty was assessed therefor.  [C77, 79, 81, 135C.44] 
135C.44A Double fines for intentional violations.   The penalties authorized by section 135C.36 shall be doubled for each class I violation when the violation is due to an intentional act by the facility in violation of a provision of this chapter or a rule of the department.  2009 Acts, ch 156, 10 
135C.45 Refund of penalty.   If at any time a contest or appeal of any citation issued a health care facility under this chapter results in an order or determination that a penalty previously paid to or collected by the department must be refunded to the facility, the refund shall be made from any money in the state general fund not otherwise appropriated.  [C77, 79, 81, 135C.45] 
135C.45A Notification penalty.   A person who notifies, or causes to be notified, a health care facility, of the time and date on which a survey or on-site inspection of the facility is scheduled, is subject to an administrative penalty of not less than one thousand dollars and not more than two thousand dollars.  90 Acts, ch 1039, 11 
135C.46 Retaliation by facility prohibited.   1. A facility shall not discriminate or retaliate in any way against a resident or an employee of the facility who has initiated or participated in any proceeding authorized by this chapter. A facility which violates this section is subject to a penalty of not less than two hundred fifty nor more than five thousand dollars, to be assessed and collected by the director in substantially the manner prescribed by sections 135C.40 through 135C.42 and paid into the state treasury to be credited to the general fund, or to immediate revocation of the facilitys license.   2. Any attempt to expel from a health care facility a resident by whom or upon whose behalf a complaint has been submitted to the department under section 135C.37, within ninety days after the filing of the complaint or the conclusion of any proceeding resulting from the complaint, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation for the filing of the complaint.  [C77, 79, 81, 135C.46]  2021 Acts, ch 80, 69  Subsection 1 amended 
135C.47 Report listing licensees and citations. Repealed by 98 Acts, ch 1141, 3. 
135C.48 Information about complaint procedure.   The department shall make a continuing effort to inform the general public of the appropriate procedure to be followed by any person who believes that a complaint against a health care facility is justified and should be made under section 135C.37.  [C77, 79, 81, 135C.48] 
135C.5 Limitations on use.   Another business or activity serving persons other than the residents of a health care facility may be operated or provided in a designated part of the physical structure of the health care facility if the other business or activity meets the requirements of applicable state and federal laws, administrative rules, and federal regulations. The department shall not limit the ability of a health care facility to operate or provide another business or activity in the designated part of the facility if the business or activity does not interfere with the use of the facility by the residents or with the services provided to the residents, and is not disturbing to the residents. In denying the ability of a health care facility to operate or provide another business or activity under this section, the burden of proof shall be on the department to demonstrate that the other business or activity substantially interferes with the use of the facility by the residents or the services provided to the residents, or is disturbing to the residents. The state fire marshal, in accordance with chapter 17A, shall adopt rules which establish criteria for approval of a business or activity to be operated or provided in a designated part of the physical structure of a health care facility. For the purposes of this section, another business or activity shall not include laboratory services with the exception of laboratory services for which a waiver from regulatory oversight has been obtained under the federal Clinical Laboratory Improvement Amendments of 1988, Pub. L. No. 100-578, as amended, radiological services, anesthesiology services, obstetrical services, surgical services, or emergency room services provided by hospitals licensed under chapter 135B.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.5]  91 Acts, ch 241, 1; 2005 Acts, ch 126, 1 
135C.6 License required  exemptions.   1. A person or governmental unit acting severally or jointly with any other person or governmental unit shall not establish or operate a health care facility in this state without a license for the facility. A supported community living service, as defined in section 225C.21, is not required to be licensed under this chapter, but is subject to approval under section 225C.21 in order to receive public funding.   2. A health care facility suitable for separation and operation with distinct parts may, where otherwise qualified in all respects, be issued multiple licenses authorizing various parts of such facilities to be operated as health care facilities of different license categories.   3. No change in a health care facility, its operation, program, or services, of a degree or character affecting continuing licensure shall be made without prior approval thereof by the department. The department may by rule specify the types of changes which shall not be made without its prior approval.   4. No department, agency, or officer of this state or of any of its political subdivisions shall pay or approve for payment from public funds any amount or amounts to a health care facility under any program of state aid in connection with services provided or to be provided an actual or prospective resident in a health care facility, unless the facility has a current license issued by the department and meets such other requirements as may be in effect pursuant to law.   5. No health care facility established and operated in compliance with law prior to January 1, 1976, shall be required to change its corporate or business name by reason of the definitions prescribed in section 135C.1, provided that no health care facility shall at any time represent or hold out to the public or to any individual that it is licensed as, or provides the services of, a health care facility of a type offering a higher grade of care than such health care facility is licensed to provide. Any health care facility which, by virtue of this section, operates under a name not accurately descriptive of the type of license which it holds shall clearly indicate in any printed advertisement, letterhead, or similar material, the type of license or licenses which it has in fact been issued. No health care facility established or renamed after January 1, 1976, shall use any name indicating that it holds a different type of license than it has been issued.   6. A health care facility operated by and for the exclusive use of members of a religious order, which does not admit more than two individuals to the facility from the general public, may be operated without obtaining a license under this chapter and shall not be deemed to be licensed by the state.   7. A freestanding hospice facility which operates a hospice program in accordance with  42 C.F.R. 418   may be operated without obtaining a license under this chapter and shall not be deemed to be licensed by the state.   8. The following residential programs to which the department of human services applies accreditation, certification, or standards of review shall not be required to be licensed as a health care facility under this chapter:   a. Residential programs providing care to not more than four individuals and receiving moneys appropriated to the department of human services under provisions of a federally approved home and community-based services waiver for persons with an intellectual disability or other medical assistance program under chapter 249A. In approving a residential program under this paragraph, the department of human services shall consider the geographic location of the program so as to avoid an overconcentration of such programs in an area. In order to be approved under this paragraph, a residential program shall not be required to involve the conversion of a licensed residential care facility for persons with an intellectual disability.   b. Not more than forty residential care facilities for persons with an intellectual disability that are licensed to serve not more than five individuals may be authorized by the department of human services to convert to operation as a residential program under the provisions of a medical assistance home and community-based services waiver for persons with an intellectual disability. A converted residential program operating under this paragraph is subject to the conditions stated in paragraph a except that the program shall not serve more than five individuals.   c. A residential program approved by the department of human services pursuant to this paragraph c to receive moneys appropriated to the department of human services under provisions of a federally approved home and community-based services habilitation or waiver program may provide care to not more than five individuals. The department shall approve a residential program under this paragraph that complies with all of the following conditions:   (1) Approval of the program will not result in an overconcentration of such programs in an area.   (2) The county in which the residential program is located submits to the department of human services a letter of support for approval of the program.   (3) The county in which the residential program is located provides to the department of human services verification in writing that the program is needed to address one or more of the following:   (a) The quantity of services currently available in the county is insufficient to meet the need.   (b) The quantity of affordable rental housing in the county is insufficient.   (c) Implementation of the program will cause a reduction in the size or quantity of larger congregate programs.   9. Contingent upon the department of human services receiving federal approval, a residential program which serves not more than eight individuals and is licensed as an intermediate care facility for persons with an intellectual disability may surrender the facility license and continue to operate under a federally approved medical assistance home and community-based services waiver for persons with an intellectual disability, if the department of human services has approved a plan submitted by the residential program.   10. Notwithstanding section 135C.9, nursing facilities which are accredited by the joint commission on accreditation of health care organizations shall be licensed without inspection by the department, if the nursing facility has chosen to be inspected by the joint commission on accreditation of health care organizations in lieu of inspection by the department.  [C50, 54, 135C.2; C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.6]  85 Acts, ch 141, 2; 86 Acts, ch 1245, 1113; 90 Acts, ch 1107, 2; 92 Acts, ch 1043, 3; 96 Acts, ch 1053, 2; 97 Acts, ch 169, 18, 26; 98 Acts, ch 1181, 11, 14; 99 Acts, ch 160, 17; 2002 Acts, ch 1120, 1; 2003 Acts, ch 101, 2, 4; 2010 Acts, ch 1031, 390; 2012 Acts, ch 1019, 15, 16; 2012 Acts, ch 1138, 49; 2013 Acts, ch 23, 1; 2013 Acts, ch 30, 33  Referred to in 135.63, 135C.9  Subsection 10 is effective contingent upon passage of federal legislation; see  96 Acts, ch 1053, 3 
135C.7 Application  fees.   1. Licenses shall be obtained from the department. Applications shall be upon such forms and shall include such information as the department may reasonably require, which may include affirmative evidence of compliance with such other statutes and local ordinances as may be applicable. Each application for license shall be accompanied by the annual license fee prescribed by this section, subject to refund to the applicant if the license is denied, which fee shall be paid over into the state treasury and credited to the general fund if the license is issued. There shall be an annual license fee based upon the bed capacity of the health care facility, as follows:   a. Ten beds or less, twenty dollars.   b. More than ten and not more than twenty-five beds, forty dollars.   c. More than twenty-five and not more than seventy-five beds, sixty dollars.   d. More than seventy-five and not more than one hundred fifty beds, eighty dollars.   e. More than one hundred fifty beds, one hundred dollars.   2. In addition to the license fees listed in this section, there shall be an annual assessment assessed to each licensee in an amount to cover the cost of independent reviewers provided pursuant to section 135C.42. The department shall, in consultation with licensees, establish the assessment amount by rule based on the award of a request for proposals. The assessment shall be retained by the department as a repayment receipt as defined in section 8.2 and used for the purpose of paying the cost of the independent reviewers.  [C50, 54, 135C.3, 135C.4; C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.7]  2013 Acts, ch 140, 16  Referred to in 135C.2, 135C.8 
135C.8 Scope of license.   Licenses for health care facilities shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the department, obtained prior to the purchase of the facility involved. Licenses shall be posted in a conspicuous place on the licensed premises as prescribed by regulation of the department. Such licenses, unless sooner suspended or revoked, shall expire one year after the date of issuance and shall be renewed annually upon an application by the licensee. Applications for such renewal shall be made in writing to the department, accompanied by the required fee, at least thirty days prior to the expiration of such license in accordance with regulations promulgated by the department. Health care facilities which have allowed their licenses to lapse through failure to make timely application for renewal of their licenses shall pay an additional fee of twenty-five percent of the annual license fee prescribed in section 135C.7.  [C50, 54, 135C.5; C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.8]  Referred to in 135C.30 
135C.9 Inspection before issuance  notice of deficiencies.   1. The department shall not issue a health care facility license to any applicant until:   a. The department has ascertained that the staff and equipment of the facility is adequate to provide the care and services required of a health care facility of the category for which the license is sought. Prior to the review and approval of plans and specifications for any new facility and the initial licensing under a new licensee, a resume of the programs and services to be furnished and of the means available to the applicant for providing the same and for meeting requirements for staffing, equipment, and operation of the health care facility, with particular reference to the professional requirements for services to be rendered, shall be submitted in writing to the department for review and approval. The resume shall be reviewed by the department within ten working days and returned to the applicant. The resume shall, upon the departments request, be revised as appropriate by the facility from time to time after issuance of a license.   b. The facility has been inspected by the state fire marshal or a deputy appointed by the fire marshal for that purpose, who may be a member of a municipal fire department, and the department has received either a certificate of compliance or a provisional certificate of compliance by the facility with the fire hazard and fire safety rules and standards of the department as promulgated by the fire marshal and, where applicable, the fire safety standards required for participation in programs authorized by either Tit. XVIII or Tit. XIX of the United States Social Security Act, codified at 42 U.S.C. 1395  1395ll and 1396  1396g. The certificate or provisional certificate shall be signed by the fire marshal or the fire marshals deputy who made the inspection. If the state fire marshal or a deputy finds a deficiency upon inspection, the notice to the facility shall be provided in a timely manner and shall specifically describe the nature of the deficiency, identifying the Code section or subsection or the rule or standard violated. The notice shall also specify the time allowed for correction of the deficiency, at the end of which time the fire marshal or a deputy shall perform a follow-up inspection.   2. The rules and standards promulgated by the fire marshal pursuant to subsection 1, paragraph b of this section shall be substantially in keeping with the latest generally recognized safety criteria for the facilities covered, of which the applicable criteria recommended and published from time to time by the national fire protection association shall be prima facie evidence. The rules and standards promulgated by the fire marshal shall be promulgated in consultation with the department and shall, to the greatest extent possible, be consistent with rules adopted by the department under this chapter.   3. The state fire marshal or the fire marshals deputy may issue successive provisional certificates of compliance for periods of one year each to a facility which is in substantial compliance with the applicable fire hazard and fire safety rules and standards, upon satisfactory evidence of an intent, in good faith, by the owner or operator of the facility to correct the deficiencies noted upon inspection within a reasonable period of time as determined by the state fire marshal or the fire marshals deputy. Renewal of a provisional certificate shall be based on a showing of substantial progress in eliminating deficiencies noted upon the last previous inspection of the facility without the appearance of additional deficiencies other than those arising from changes in the fire hazard and fire safety rules, regulations and standards which have occurred since the last previous inspection, except that substantial progress toward achievement of a good faith intent by the owner or operator to replace the entire facility within a reasonable period of time, as determined by the state fire marshal or the fire marshals deputy, may be accepted as a showing of substantial progress in eliminating deficiencies, for the purposes of this section.   4. If a facility subject to licensure under this chapter, a facility exempt from licensure under this chapter pursuant to section 135C.6, or a family home under section 335.25 or 414.22, has been issued a certificate of compliance or a provisional certificate of compliance under subsection 1 or 3, or has otherwise been approved as complying with a rule or standard by the state or a deputy fire marshal or a local building department as defined in section 103A.3, the state or deputy fire marshal or local building department which issued the certificate, provisional certificate, or approval shall not apply additional requirements for compliance with the rule or standard unless the rule or standard is revised in accordance with chapter 17A or with local regulatory procedure following issuance of the certificate, provisional certificate, or approval.  [C50, 54, 135C.6; C58, 62, 66, 71, 73, 75, 77, 79, 81, 135C.9]  97 Acts, ch 169, 19; 2001 Acts, ch 30, 1, 2; 2010 Acts, ch 1061, 180; 2015 Acts, ch 29, 24  Referred to in 135C.6, 135C.16 
135D.1 Short title.   This chapter shall be known and may be cited as the Iowa Health Information Network Act.  2015 Acts, ch 73, 1, 9  Section is effective March 31, 2017; Code editor received notice from the Iowa department of public health that assumption of administration and governance of the Iowa health information network by the designated entity occurred on that date;  2015 Acts, ch 73, 9 
135D.2 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Board of directors or board means the entity that governs and administers the Iowa health information network.   2. Care coordination means the management of all aspects of a patients care to improve health care quality.   3. Department means the department of public health.   4. Designated entity means the nonprofit corporation designated by the department through a competitive process as the entity responsible for administering and governing the Iowa health information network.   5. Exchange means the authorized electronic sharing of health information between health care professionals, payors, consumers, public health agencies, the designated entity, the department, and other authorized participants utilizing the Iowa health information network and Iowa health information network services.   6. Health care professional means a person who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession.   7. Health information means health information as defined in  45 C.F.R. 160.103   that is created or received by an authorized participant.   8. Health information technology means the application of information processing, involving both computer hardware and software, that deals with the storage, retrieval, sharing, and use of health care information, data, and knowledge for communication, decision making, quality, safety, and efficiency of clinical practice, and may include but is not limited to:   a. An electronic health record that electronically compiles and maintains health information that may be derived from multiple sources about the health status of an individual and may include a core subset of each care delivery organizations electronic medical record such as a continuity of care record or a continuity of care document, computerized physician order entry, electronic prescribing, or clinical decision support.   b. A personal health record through which an individual and any other person authorized by the individual can maintain and manage the individuals health information.   c. An electronic medical record that is used by health care professionals to electronically document, monitor, and manage health care delivery within a care delivery organization, is the legal record of the patients encounter with the care delivery organization, and is owned by the care delivery organization.   d. A computerized provider order entry function that permits the electronic ordering of diagnostic and treatment services, including prescription drugs.   e. A decision support function to assist physicians and other health care providers in making clinical decisions by providing electronic alerts and reminders to improve compliance with best practices, promote regular screenings and other preventive practices, and facilitate diagnosis and treatments.   f. Tools to allow for the collection, analysis, and reporting of information or data on adverse events, the quality and efficiency of care, patient satisfaction, and other health care-related performance measures.   9. Health Insurance Portability and Accountability Act or HIPAA means the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, including amendments thereto and regulations promulgated thereunder.   10. Hospital means a licensed hospital as defined in section 135B.1.   11. Interoperability means the ability of two or more systems or components to exchange information or data in an accurate, effective, secure, and consistent manner and to use the information or data that has been exchanged and includes but is not limited to:   a. The capacity to connect to a network for the purpose of exchanging information or data with other users.   b. The ability of a connected, authenticated user to demonstrate appropriate permissions to participate in the instant transaction over the network.   c. The capacity of a connected, authenticated user to access, transmit, receive, and exchange usable information with other users.   12. Iowa health information network or network means the statewide health information technology network that is the sole statewide network for Iowa pursuant to this chapter.   13. Iowa Medicaid enterprise means the centralized medical assistance program infrastructure, based on a business enterprise model, and designed to foster collaboration among all program stakeholders by focusing on quality, integrity, and consistency.   14. Participant means an authorized health care professional, payor, patient, health care organization, public health agency, or the department that has agreed to authorize, submit, access, or disclose health information through the Iowa health information network in accordance with this chapter and all applicable laws, rules, agreements, policies, and standards.   15. Patient means a person who has received or is receiving health services from a health care professional.   16. Payor means a person who makes payments for health services, including but not limited to an insurance company, self-insured employer, government program, individual, or other purchaser that makes such payments.   17. Protected health information means protected health information as defined in  45 C.F.R. 160.103   that is created or received by an authorized participant.   18. Public health activities means actions taken by a participant in its capacity as a public health authority under the Health Insurance Portability and Accountability Act or as required or permitted by other federal or state law.   19. Public health agency means an entity that is governed by or contractually responsible to a local board of health or the department to provide services focused on the health status of population groups and their environments.   20. Record locator service means the functionality of the Iowa health information network that queries data sources to locate and identify potential patient records.  2015 Acts, ch 73, 2, 9  Referred to in 125.37, 228.2, 249K.2  Section is effective March 31, 2017; Code editor received notice from the Iowa department of public health that assumption of administration and governance of the Iowa health information network by the designated entity occurred on that date;  2015 Acts, ch 73, 9 
135D.3 Iowa health information network  findings and intent.   1. The general assembly finds all of the following:   a. Technology used to support health care-related functions is known as health information technology. Health information technology provides a mechanism to transform the delivery of health and medical care in Iowa and across the nation.   b. Health information technology is rapidly evolving to contribute to the goals of improving the experience of care, improving the health of populations, and reducing per capita costs of health care.   c. A health information network involves the secure electronic sharing of health information across the boundaries of individual practice and institutional health settings and with consumers. The broad use of health information technology and a health information network should improve health care quality and the overall health of the population, increase efficiencies in administrative health care, reduce unnecessary health care costs, and help prevent medical errors.   d. All health information technology efforts shall endeavor to represent the interests and meet the needs of consumers and the health care sector, protect the privacy of individuals and the confidentiality of individuals information, promote best practices, and make information easily accessible to the members of the patient-centered care coordination team, including but not limited to patients, providers, and payors.   2. It is the intent of the general assembly that the Iowa health information network shall not constitute a health benefit network or a health insurance network.  2015 Acts, ch 73, 3, 9  Section is effective March 31, 2017; Code editor received notice from the Iowa department of public health that assumption of administration and governance of the Iowa health information network by the designated entity occurred on that date;  2015 Acts, ch 73, 9 
135D.4 Iowa health information network  principles  technical infrastructure requirements.   1. The Iowa health information network shall be administered and governed by a designated entity using, at a minimum, the following principles:   a. Be patient-centered and market-driven.   b. Comply with established national standards.   c. Protect the privacy of consumers and the security and confidentiality of all health information.   d. Promote interoperability.   e. Increase the accuracy, completeness, and uniformity of data.   f. Preserve the choice of the patient to have the patients health information available through the record locator service.   g. Provide education to the general public and provider communities on the value and benefits of health information technology.   2. Widespread adoption of health information technology is critical to a successful Iowa health information network and is best achieved when all of the following occur:   a. The network, through the designated entity complying with chapter 504 and reporting as required under this chapter, operates in an entrepreneurial and businesslike manner in which it is accountable to all participants utilizing the networks products and services.   b. The network provides a variety of services from which to choose in order to best fit the needs of the user.   c. The network is financed by all who benefit from the improved quality, efficiency, savings, and other benefits that result from use of health information technology.   d. The network is operated with integrity and freedom from political influence.   3. The Iowa health information network technical infrastructure shall provide a mechanism for all of the following:   a. The facilitation and support of the secure electronic exchange of health information between participants.   b. Participants without an electronic health records system to access health information from the Iowa health information network.   4. Nothing in this chapter shall be interpreted to impede or preclude the formation and operation of regional, population-specific, or local health information networks or the participation of such networks in the Iowa health information network.  2015 Acts, ch 73, 4, 9  Section is effective March 31, 2017; Code editor received notice from the Iowa department of public health that assumption of administration and governance of the Iowa health information network by the designated entity occurred on that date;  2015 Acts, ch 73, 9 
135D.5 Designated entity  administration and governance.   1. The Iowa health information network shall be administered and governed by a designated entity selected by the department through a competitive process. The designated entity shall be established as a nonprofit corporation organized under chapter 504. Unless otherwise provided in this chapter, the corporation is subject to the provisions of chapter 504. The designated entity shall be established for the purpose of administering and governing the statewide Iowa health information network.   2. The designated entity shall collaborate with the department, but the designated entity shall not be considered, in whole or in part, an agency, department, or administrative unit of the state.   a. The designated entity shall not be required to comply with any requirements that apply to a state agency, department, or administrative unit and shall not exercise any sovereign power of the state.   b. The designated entity does not have authority to pledge the credit of the state. The assets and liabilities of the designated entity shall be separate from the assets and liabilities of the state and the state shall not be liable for the debts or obligations of the designated entity. All debts and obligations of the designated entity shall be payable solely from the designated entitys funds. The state shall not guarantee any obligation of or have any obligation to the designated entity.   3. The articles of incorporation of the designated entity shall provide for its governance and its efficient management. In providing for its governance, the articles of the designated entity shall address the following:   a. A board of directors to govern the designated entity.   b. The appointment of a chief executive officer by the board to manage the designated entitys daily operations.   c. The delegation of such powers and responsibilities to the chief executive officer as may be necessary for the designated entitys efficient operation.   d. The employment of personnel necessary for the efficient performance of the duties assigned to the designated entity. All such personnel shall be considered employees of a private, nonprofit corporation and shall be exempt from the personnel requirements imposed on state agencies, departments, and administrative units.   e. The financial operations of the designated entity including the authority to receive and expend funds from public and private sources and to use its property, money, or other resources for the purpose of the designated entity.  2015 Acts, ch 73, 5, 9  Section is effective March 31, 2017; Code editor received notice from the Iowa department of public health that assumption of administration and governance of the Iowa health information network by the designated entity occurred on that date;  2015 Acts, ch 73, 9 
135D.6 Board of directors  composition  duties.   1. The designated entity shall be administered by a board of directors.   2. A single industry shall not be disproportionately represented as voting members of the board. The board shall include at least one member who is a consumer of health services and a majority of the voting members of the board shall be representative of participants in the Iowa health information network. The director of public health or the directors designee and the director of the Iowa Medicaid enterprise or the directors designee shall act as voting members of the board. The commissioner of insurance shall act as an ex officio, nonvoting member of the board. Individuals serving in an ex officio, nonvoting capacity shall not be included in the total number of individuals authorized as members of the board.   3. The board of directors shall do all of the following:   a. Ensure that the designated entity enters into contracts with each state agency necessary for state reporting requirements.   b. Develop, implement, and enforce the following:   (1) A single patient identifier or alternative mechanism to share secure patient information that is utilized by all health care professionals.   (2) Standards, requirements, policies, and procedures for access to, use, secondary use, privacy, and security of health information exchanged through the Iowa health information network, consistent with applicable federal and state standards and laws.   c. Direct a public and private collaborative effort to promote the adoption and use of health information technology in the state to improve health care quality, increase patient safety, reduce health care costs, enhance public health, and empower individuals and health care professionals with comprehensive, real-time medical information to provide continuity of care and make the best health care decisions.   d. Educate the public and the health care sector about the value of health information technology in improving patient care, and methods to promote increased support and collaboration of state and local public health agencies, health care professionals, and consumers in health information technology initiatives.   e. Work to align interstate and intrastate interoperability standards in accordance with national health information exchange standards.   f. Provide an annual budget and fiscal report for the Iowa health information network to the governor, the department of public health, the department of management, the chairs and ranking members of the legislative government oversight standing committees, and the legislative services agency. The report shall also include information about the services provided through the network and information on the participant usage of the network.  2015 Acts, ch 73, 6, 9  Section is effective March 31, 2017; Code editor received notice from the Iowa department of public health that assumption of administration and governance of the Iowa health information network by the designated entity occurred on that date;  2015 Acts, ch 73, 9 
135D.7 Legal and policy  liability  confidentiality.   1. The board shall implement industry-accepted security standards, policies, and procedures to protect the transmission and receipt of protected health information exchanged through the Iowa health information network, which shall, at a minimum, comply with HIPAA and shall include all of the following:   a. A secure and traceable electronic audit system to document and monitor the sender and recipient of health information exchanged through the Iowa health information network.   b. A required standard participation agreement which defines the minimum privacy and security obligations of all participants using the Iowa health information network and services available through the Iowa health information network.   c. The opportunity for a patient to decline exchange of the patients health information through the record locator service of the Iowa health information network.   (1) A patient shall not be denied care or treatment for declining to exchange the patients health information, in whole or in part, through the network.   (2) The board shall provide the means and process by which a patient may decline participation. The means and process utilized shall minimize the burden on patients and health care professionals.   (3) Unless otherwise authorized by law or rule, a patients decision to decline participation means that none of the patients health information shall be accessible through the record locator service function of the Iowa health information network. A patients decision to decline having health information shared through the record locator service function shall not limit a health care professional with whom the patient has or is considering a treatment relationship from sharing health information concerning the patient through the secure messaging function of the Iowa health information network.   (4) A patient who declines participation in the Iowa health information network may later decide to have health information shared through the network. A patient who is participating in the network may later decline participation in the network.   2. A participant shall not be compelled by subpoena, court order, or other process of law to access health information through the Iowa health information network in order to gather records or information not created by the participant.   3. A participant exchanging health information and data through the Iowa health information network shall grant to other participants of the network a nonexclusive license to retrieve and use that information in accordance with applicable state and federal laws, and the policies and standards established by the board.   4. A health care professional who relies reasonably and in good faith upon any health information provided through the Iowa health information network in treatment of a patient who is the subject of the health information shall be immune from criminal or civil liability arising from the damages caused by such reasonable, good-faith reliance. Such immunity shall not apply to acts or omissions constituting negligence, recklessness, or intentional misconduct.   5. A participant who has disclosed health information through the Iowa health information network in compliance with applicable law and the standards, requirements, policies, procedures, and agreements of the network shall not be subject to criminal or civil liability for the use or disclosure of the health information by another participant.   6. The following records shall be confidential records pursuant to chapter 22, unless otherwise ordered by a court or consented to by the patient or by a person duly authorized to release such information:   a. The health information contained in, stored in, submitted to, transferred or exchanged by, or released from the Iowa health information network.   b. Any health information in the possession of the board due to its administration of the Iowa health information network.   7. Unless otherwise provided in this chapter, when sharing health information through the Iowa health information network or a private health information network maintained in this state that complies with the privacy and security requirements of this chapter for the purposes of patient treatment, payment or health care operations, as such terms are defined in HIPAA, or for the purposes of public health activities or care coordination, a participant authorized by the designated entity to use the record locator service is exempt from any other state law that is more restrictive than HIPAA that would otherwise prevent or hinder the exchange of patient information by the participant.   8. A patient aggrieved or adversely affected by the designated entitys failure to comply with subsection 1, paragraph c, may bring a civil action for equitable relief as the court deems appropriate.  2015 Acts, ch 73, 7, 9  Section is effective March 31, 2017; Code editor received notice from the Iowa department of public health that assumption of administration and governance of the Iowa health information network by the designated entity occurred on that date;  2015 Acts, ch 73, 9 
135G.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Advanced registered nurse practitioner means a person currently licensed as a registered nurse under chapter 152 or 152E who is licensed by the board of nursing as an advanced registered nurse practitioner.   2. Department means the department of inspections and appeals.   3. Direction means authoritative policy or procedural guidance for the accomplishment of a function or an activity.   4. Licensee means the holder of a license issued to operate a subacute care facility for persons with serious and persistent mental illness.   5. Mental health professional means the same as defined in section 228.1.   6. Mental health services means services provided by a mental health professional operating within the scope of the professionals practice which address mental, emotional, medical, or behavioral problems.   7. Physician means a person licensed under chapter 148.   8. Physician assistant means a person licensed to practice under the supervision of a physician as authorized in chapters 147 and 148C.   9. Rehabilitative services means services to encourage and assist restoration of a residents optimum mental and physical capabilities.   10. Resident means a person who is eighteen years of age or older and has been determined by a mental health professional to need subacute mental health services.   11. Subacute care facility for persons with serious and persistent mental illness or subacute care facility means an institution, place, building, or agency with restricted means of egress providing subacute mental health services for a period exceeding twenty-four consecutive hours to persons in need of the services.   12. Subacute mental health services means the same as defined in section 225C.6.   13. Supervision means direct oversight and inspection of the act of accomplishing a function or activity.   14. Treatment care plan means a plan of care and services designed to eliminate the need for acute care by improving the condition of a person with serious and persistent mental illness. Services must be based upon a diagnostic evaluation, which includes an examination of the medical, psychological, social, behavioral, and developmental aspects of the persons situation, reflecting the need for inpatient care.  2012 Acts, ch 1120, 40; 2015 Acts, ch 56, 2 
135G.10 Rules.   1. The department of inspections and appeals and the department of human services shall collaborate in establishing standards for licensing of subacute care facilities to achieve all of the following objectives:   a. Subacute mental health services are provided based on sound, proven clinical practice.   b. Subacute mental health services are established in a manner that allows the services to be included in the federal medical assistance state plan.   2. It is the intent of the general assembly that subacute mental health services be included in the Medicaid state plan adopted for the implementation of the federal Patient Protection and Affordable Care Act, benchmark plan.   3. The department of inspections and appeals, in consultation with the department of human services and affected professional groups, shall adopt and enforce rules setting out the standards for a subacute care facility and the rights of the residents admitted to a subacute care facility. The department of inspections and appeals and the department of human services shall coordinate the adoption of rules and the enforcement of the rules in order to prevent duplication of effort by the departments and of requirements of the licensee.  2012 Acts, ch 1120, 49  Responsibility of department of human services to adopt standards in coordination with department of inspections and appeals for facility-based and community-based, subacute mental health services; 225C.6 
135G.11 Complaints alleging violations.   1. A person may request an inspection of a subacute care facility by filing with the department a complaint of an alleged violation of an applicable requirement of this chapter or a rule adopted pursuant to this chapter. The complaint shall state in a reasonably specific manner the basis of the complaint. A statement of the nature of the complaint shall be delivered to the subacute care facility involved at the time of or prior to the inspection.   2. Upon receipt of a complaint made in accordance with subsection 1, the department shall make a preliminary review of the complaint. Unless the department concludes that the complaint is intended to harass a subacute care facility or a licensee or is without reasonable basis, it shall within twenty working days of receipt of the complaint make or cause to be made an on-site inspection of the subacute care facility which is the subject of the complaint. The department of inspections and appeals may refer to the department of human services any complaint received by the department of inspections and appeals if the complaint applies to rules adopted by the department of human services. The complainant shall also be notified of the name, address, and telephone number of the designated protection and advocacy agency if the alleged violation involves a facility with one or more residents with a developmental disability or mental illness. In any case, the complainant shall be promptly informed of the result of any action taken by the department in the matter.   3. An inspection made pursuant to a complaint filed under subsection 1 need not be limited to the matter or matters referred to in the complaint; however, the inspection shall not be a general inspection unless the complaint inspection coincides with a scheduled general inspection. Upon arrival at the subacute care facility to be inspected, the inspector shall show identification to the person in charge of the subacute care facility and state that an inspection is to be made, before beginning the inspection. Upon request of either the complainant or the department, the complainant or the complainants representative or both may be allowed the privilege of accompanying the inspector during any on-site inspection made pursuant to this section. The inspector may cancel the privilege at any time if the inspector determines that the privacy of a resident of the subacute care facility to be inspected would be violated. The dignity of the resident shall be given first priority by the inspector and others.  2012 Acts, ch 1120, 50 
135G.12 Information confidential.   1. The departments final findings regarding licensure shall be made available to the public in a readily available form and place. Other information relating to the subacute care facility is confidential and shall not be made available to the public except in proceedings involving licensure, a civil suit involving a resident, or an administrative action involving a resident.   2. The name of a person who files a complaint with the department shall remain confidential and is not subject to discovery, subpoena, or any other means of legal compulsion for release to a person other than an employee of the department or an agent involved in the investigation of the complaint.   3. Information regarding a resident who has received or is receiving care shall not be disclosed directly or indirectly except as authorized under section 217.30.  2012 Acts, ch 1120, 51 
135G.13 Judicial review.   Judicial review of the action of the department may be sought pursuant to the Iowa administrative procedure Act, chapter 17A. Notwithstanding chapter 17A, a petition for judicial review of the departments actions under this chapter may be filed in the district court of the county in which the related subacute care facility is located or is proposed to be located. The status of the petitioner or the licensee shall be preserved pending final disposition of the judicial review.  2012 Acts, ch 1120, 52 
135G.14 Penalty.   A person who establishes, operates, or manages a subacute care facility without obtaining a license under this chapter commits a serious misdemeanor. Each day of continuing violation following conviction shall be considered a separate offense.  2012 Acts, ch 1120, 53 
135G.15 Injunction.   Notwithstanding the existence or pursuit of another remedy, the department may maintain an action for injunction or other process to restrain or prevent the establishment, operation, or management of a subacute care facility without a license.  2012 Acts, ch 1120, 54 
135G.2 Purpose.   The purpose of this chapter is to provide for the development, establishment, and enforcement of basic standards for the operation, construction, and maintenance of a subacute care facility which will ensure the safe and adequate diagnosis, evaluation, and treatment of persons with serious and persistent mental illness so that the persons are able to experience recovery and live successfully in the community.  2012 Acts, ch 1120, 41 
135G.3 Nature of care  seclusion room  admissions.   1. A subacute care facility shall utilize a team of professionals to direct an organized program of diagnostic services, subacute mental health services, and rehabilitative services to meet the needs of residents in accordance with a treatment care plan developed for each resident under the supervision of a mental health professional. The goal of a treatment care plan is to transition residents to a less restrictive environment, including a home-based community setting. Social and rehabilitative services shall also be provided under the direction of a mental health professional.   2. The mental health professional providing supervision of the subacute care facilitys treatment care plans shall evaluate the condition of each resident as medically necessary and shall be available to residents of the facility on an on-call basis at all other times. Additional evaluation and treatment may be provided by a mental health professional. The subacute care facility may employ a seclusion room meeting the conditions described in  42 C.F.R. 483.364(b)   with approval of a licensed psychiatrist or by order of the residents physician, a physician assistant, or an advanced registered nurse practitioner.  2012 Acts, ch 1120, 42; 2013 Acts, ch 19, 4, 6, 7 
135G.4 Licensure.   1. A person shall not establish, operate, or maintain a subacute care facility unless the person obtains a license for the subacute care facility under this chapter.   2. An intermediate care facility for persons with mental illness licensed under chapter 135C may convert to a subacute care facility by submitting an application for a license in accordance with section 135G.5 accompanied by written notice to the department that the facility has employed a mental health professional and desires to make the conversion. An intermediate care facility for persons with mental illness applying for a license under this subsection remains subject to subsection 1 until a license is issued.  2012 Acts, ch 1120, 43; 2013 Acts, ch 19, 5  7 
135G.5 Application for license.   An application for a license under this chapter shall be submitted on a form requesting information required by the department, which may include affirmative evidence of the applicants ability to comply with the rules for standards adopted pursuant to this chapter. An application for a license shall be accompanied by the required license fee which shall be credited to the general fund of the state. The initial and annual license fee is twenty-five dollars.  2012 Acts, ch 1120, 44  Referred to in 135G.4 
135G.6 Inspection  conditions for issuance.   The department shall issue a license to an applicant under this chapter if the department has ascertained that the applicants facilities and staff are adequate to provide the care and services required of a subacute care facility.  2012 Acts, ch 1120, 45; 2015 Acts, ch 61, 1; 2018 Acts, ch 1056, 4 
135G.7 Denial, suspension, or revocation of license.   The department may deny an application or suspend or revoke a license if the department finds that an applicant or licensee has failed or is unable to comply with this chapter or the rules establishing minimum standards pursuant to this chapter or if any of the following conditions apply:   1. It is shown that a resident is a victim of cruelty or neglect due to the acts or omissions of the licensee.   2. The licensee has permitted, aided, or abetted in the commission of an illegal act in the subacute care facility.   3. An applicant or licensee acted to obtain or to retain a license by fraudulent means, misrepresentation, or submitting false information.   4. The licensee has willfully failed or neglected to maintain a continuing in-service education and training program for persons employed by the subacute care facility.   5. The application involves a person who has failed to operate a subacute care facility in compliance with the provisions of this chapter.  2012 Acts, ch 1120, 46 
135G.8 Provisional license.   The department may issue a provisional license, effective for not more than one year, to a licensee whose subacute care facility does not meet the requirements of this chapter if, prior to issuance of the license, the applicant submits written plans to achieve compliance with the applicable requirements and the plans are approved by the department. The plans shall specify the deadline for achieving compliance.  2012 Acts, ch 1120, 47 
135G.9 Notice and hearings.   The procedure governing notice and hearing to deny an application or suspend or revoke a license shall be in accordance with rules adopted by the department pursuant to chapter 17A. A full and complete record shall be kept of the proceedings and of any testimony. The record need not be transcribed unless judicial review is sought. A copy or copies of a transcript may be obtained by an interested party upon payment of the cost of preparing the transcript or copies.  2012 Acts, ch 1120, 48 
135H.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Department means the department of inspections and appeals.   2. Direction means authoritative policy or procedural guidance for the accomplishment of a function or an activity.   3. Licensee means the holder of a license issued to operate a psychiatric medical institution for children.   4. Medical care plan means a plan of care and services designed to eliminate the need for inpatient care by improving the condition of a child. Services must be based upon a diagnostic evaluation, which includes an examination of the medical, psychological, social, behavioral, and developmental aspects of the childs situation, reflecting the need for inpatient care.   5. Mental health professional means an individual who has all of the following qualifications:   a. The individual holds at least a masters degree in a mental health field, including but not limited to, psychology, counseling and guidance, nursing, and social work, or the individual is a physician.   b. The individual holds a current Iowa license if practicing in a field covered by an Iowa licensure law.   c. The individual has at least two years of post-degree clinical experience, supervised by another mental health professional, in assessing mental health needs and problems and in providing appropriate mental health services.   6. Nursing care means services which are provided under the direction of a physician or registered nurse.   7. Physician means a person licensed under chapter 148.   8. Psychiatric medical institution for children or psychiatric institution means an institution providing more than twenty-four hours of continuous care involving long-term psychiatric services to three or more children in residence for expected periods of fourteen or more days for diagnosis and evaluation or for expected periods of ninety days or more for treatment.   9. Psychiatric services means services provided under the direction of a physician which address mental, emotional, medical, or behavioral problems.   10. Rehabilitative services means services to encourage and assist restoration of a residents optimum mental and physical capabilities.   11. Resident means a person who is less than twenty-one years of age and has been admitted by a physician to a psychiatric medical institution for children.   12. Supervision means direct oversight and inspection of the act of accomplishing a function or activity.  89 Acts, ch 283, 2; 94 Acts, ch 1120, 14, 15; 2008 Acts, ch 1088, 90  Referred to in 249A.30A 
135H.10 Rules.   1. The department of inspections and appeals, in consultation with the department of human services and affected professional groups, shall adopt and enforce rules setting out the standards for a psychiatric medical institution for children and the rights of the residents admitted to a psychiatric institution. The department of inspections and appeals and the department of human services shall coordinate the adoption of rules and the enforcement of the rules in order to prevent duplication of effort by the departments and of requirements of the licensee.   2. This chapter shall not be construed as prohibiting the use of funds appropriated for foster care to provide payment to a psychiatric medical institution for children for the financial participation required of a child whose foster care placement is in a psychiatric medical institution for children. In accordance with established policies and procedures for foster care, the department of human services shall act to recover any such payment for financial participation, apply to be named payee for the childs unearned income, and recommend parental liability for the costs of a court-ordered foster care placement in a psychiatric medical institution.  89 Acts, ch 283, 11; 2001 Acts, ch 135, 30; 2012 Acts, ch 1133, 94 
135H.11 Complaints alleging violations  confidentiality.   A person may request an inspection of a psychiatric medical institution for children by filing with the department a complaint of an alleged violation of an applicable requirement of this chapter or a rule adopted pursuant to this chapter. The complaint shall state in a reasonably specific manner the basis of the complaint. A statement of the nature of the complaint shall be delivered to the psychiatric institution involved at the time of or prior to the inspection. The name of the person who files a complaint with the department shall be kept confidential and shall not be subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than department employees involved in the investigation of the complaint.  89 Acts, ch 283, 12  Referred to in 135H.12 
135H.12 Inspections upon complaints.   1. Upon receipt of a complaint made in accordance with section 135H.11, the department shall make a preliminary review of the complaint. Unless the department concludes that the complaint is intended to harass a psychiatric institution or a licensee or is without reasonable basis, it shall within twenty working days of receipt of the complaint make or cause to be made an on-site inspection of the psychiatric institution which is the subject of the complaint. The department of inspections and appeals may refer to the department of human services any complaint received by the department if the complaint applies to rules adopted by the department of human services. The complainant shall also be notified of the name, address, and telephone number of the designated protection and advocacy agency if the alleged violation involves a facility with one or more residents with developmental disabilities or mental illness. In any case, the complainant shall be promptly informed of the result of any action taken by the department in the matter.   2. An inspection made pursuant to a complaint filed under section 135H.11 need not be limited to the matter or matters referred to in the complaint; however, the inspection shall not be a general inspection unless the complaint inspection coincides with a scheduled general inspection. Upon arrival at the psychiatric institution to be inspected, the inspector shall show identification to the person in charge of the psychiatric institution and state that an inspection is to be made, before beginning the inspection. Upon request of either the complainant or the department, the complainant or the complainants representative or both may be allowed the privilege of accompanying the inspector during any on-site inspection made pursuant to this section. The inspector may cancel the privilege at any time if the inspector determines that the privacy of a resident of the psychiatric institution to be inspected would be violated. The dignity of the resident shall be given first priority by the inspector and others.  89 Acts, ch 283, 13 
135H.13 Information confidential.   1. The departments final findings and the survey findings of the joint commission on the accreditation of health care organizations regarding licensure or program accreditation shall be made available to the public in a readily available form and place. Other information relating to the psychiatric institution is confidential and shall not be made available to the public except in proceedings involving licensure, a civil suit involving a resident, or an administrative action involving a resident.   2. The name of a person who files a complaint with the department shall remain confidential and is not subject to discovery, subpoena, or any other means of legal compulsion for release to a person other than an employee of the department or an agent involved in the investigation of the complaint.   3. Information regarding a resident who has received or is receiving care shall not be disclosed directly or indirectly except as authorized under section 217.30, 232.69, or 237.21.  89 Acts, ch 283, 14 
135H.14 Judicial review.   Judicial review of the action of the department may be sought pursuant to the Iowa administrative procedure Act, chapter 17A. Notwithstanding the Iowa administrative procedure Act, chapter 17A, a petition for judicial review of the departments actions under this chapter may be filed in the district court of the county in which the related psychiatric medical institution for children is located or is proposed to be located. The status of the petitioner or the licensee shall be preserved pending final disposition of the judicial review.  89 Acts, ch 283, 15; 2003 Acts, ch 44, 114 
135H.15 Penalty.   A person who establishes, operates, or manages a psychiatric medical institution for children without obtaining a license under this chapter commits a serious misdemeanor. Each day of continuing violation following conviction shall be considered a separate offense.  89 Acts, ch 283, 16 
135H.16 Injunction.   Notwithstanding the existence or pursuit of another remedy, the department may maintain an action for injunction or other process to restrain or prevent the establishment, operation, or management of a psychiatric medical institution for children without a license.  89 Acts, ch 283, 17 
135H.2 Purpose.   The purpose of this chapter is to provide for the development, establishment, and enforcement of basic standards for the operation, construction, and maintenance of a psychiatric medical institution for children which will ensure the safe and adequate diagnosis and evaluation and treatment of the residents.  89 Acts, ch 283, 3 
135H.3 Nature of care.   1. A psychiatric medical institution for children shall utilize a team of professionals to direct an organized program of diagnostic services, psychiatric services, nursing care, and rehabilitative services to meet the needs of residents in accordance with a medical care plan developed for each resident. The membership of the team of professionals may include but is not limited to an advanced registered nurse practitioner or a physician assistant. Social and rehabilitative services shall be provided under the direction of a qualified mental health professional.   2. If a child is diagnosed with a biologically based mental illness as defined in section 514C.22 and meets the medical assistance program criteria for admission to a psychiatric medical institution for children, the child shall be deemed to meet the acuity criteria for medically necessary inpatient benefits under a group policy, contract, or plan providing for third-party payment or prepayment of health, medical, and surgical coverage benefits issued by a carrier, as defined in section 513B.2, that is subject to section 514C.22. Such medically necessary benefits shall not be excluded or denied as care that is substantially custodial in nature under section 514C.22, subsection 8, paragraph b.  89 Acts, ch 283, 4; 2009 Acts, ch 179, 182; 2011 Acts, ch 121, 7; 2011 Acts, ch 131, 151, 153; 2017 Acts, ch 148, 29 
135H.4 Licensure.   A person shall not establish, operate, or maintain a psychiatric medical institution for children unless the person obtains a license for the institution under this chapter and either holds a license under section 237.3, subsection 2, paragraph a, as a comprehensive residential facility for children or holds a license under section 125.13, if the facility provides substance abuse treatment.  89 Acts, ch 283, 5; 93 Acts, ch 53, 6; 93 Acts, ch 172, 29; 93 Acts, ch 180, 79 
135H.5 Application for license.   An application for a license under this chapter shall be submitted on a form requesting information required by the department, which may include affirmative evidence of the applicants ability to comply with the rules for standards adopted pursuant to this chapter. An application for a license shall be accompanied by the required license fee which shall be credited to the general fund of the state. The initial and annual license fee is twenty-five dollars.  89 Acts, ch 283, 6 
135H.6 Inspection  conditions for issuance.   1. The department shall issue a license to an applicant under this chapter if all the following conditions exist:   a. The department has ascertained that the applicants medical facilities and staff are adequate to provide the care and services required of a psychiatric institution.   b. The proposed psychiatric institution is accredited by the joint commission on the accreditation of health care organizations, the commission on accreditation of rehabilitation facilities, the council on accreditation of services for families and children, or by any other recognized accrediting organization with comparable standards acceptable under federal regulation.   c. The applicant complies with applicable state rules and standards for a psychiatric institution adopted by the department in accordance with federal requirements under  42 C.F.R. 441.150  441.156  .   d. The applicant has been awarded a certificate of need pursuant to chapter 135, unless exempt as provided in this section.   e. The department of human services has submitted written approval of the application based on the department of human services determination of need. The department of human services shall identify the location and number of children in the state who require the services of a psychiatric medical institution for children. Approval of an application shall be based upon the location of the proposed psychiatric institution relative to the need for services identified by the department of human services and an analysis of the applicants ability to provide services and support consistent with requirements under chapter 232, particularly regarding community-based treatment. If the proposed psychiatric institution is not freestanding from a facility licensed under chapter 135B or 135C, approval under this paragraph shall not be given unless the department of human services certifies that the proposed psychiatric institution is capable of providing a resident with a living environment similar to the living environment provided by a licensee which is freestanding from a facility licensed under chapter 135B or 135C.   f. The proposed psychiatric institution is under the direction of an agency which has operated a facility licensed under section 237.3, subsection 2, paragraph a, as a comprehensive residential facility for children for three years or of an agency which has operated a facility for three years providing psychiatric services exclusively to children or adolescents and the facility meets or exceeds requirements for licensure under section 237.3, subsection 2, paragraph a, as a comprehensive residential facility for children.   g. If a child has an emotional, behavioral, or mental health disorder, the psychiatric institution does not require court proceedings to be initiated or that a childs parent, guardian, or custodian must terminate parental rights over or transfer legal custody of the child for the purpose of obtaining treatment from the psychiatric institution for the child. Relinquishment of a childs custody shall not be a condition of the child receiving services.   2. The department of human services shall not give approval to an application which would cause the total number of beds licensed under this chapter for services reimbursed by the medical assistance program under chapter 249A to exceed four hundred thirty beds.   3. In addition to the beds authorized under subsection 2, the department of human services may establish not more than thirty beds licensed under this chapter at the state mental health institute at Independence. The beds shall be exempt from the certificate of need requirement under subsection 1, paragraph d.   4. The department of human services may give approval to conversion of beds approved under subsection 2, to beds which are specialized to provide substance abuse treatment. However, the total number of beds approved under subsection 2 and this subsection shall not exceed four hundred thirty. Conversion of beds under this subsection shall not require a revision of the certificate of need issued for the psychiatric institution making the conversion. Beds for children who do not reside in this state and whose service costs are not paid by public funds in this state are not subject to the limitations on the number of beds and certificate of need requirements otherwise applicable under this section.   5. A psychiatric institution licensed prior to July 1, 1999, may exceed the number of beds authorized under subsection 2 if the excess beds are used to provide services funded from a source other than the medical assistance program under chapter 249A. Notwithstanding subsection 1, paragraphs d and e, and subsection 2, the provision of services using those excess beds does not require a certificate of need or a review by the department of human services.  89 Acts, ch 283, 7; 90 Acts, ch 1239, 1, 2; 93 Acts, ch 53, 7; 93 Acts, ch 172, 30; 93 Acts, ch 180, 80; 96 Acts, ch 1213, 32; 98 Acts, ch 1218, 66; 99 Acts, ch 51, 1, 2; 99 Acts, ch 98, 1; 2001 Acts, ch 191, 35; 2005 Acts, ch 117, 1; 2011 Acts, ch 121, 8; 2011 Acts, ch 131, 151, 153; 2018 Acts, ch 1026, 49  Referred to in 226.9B 
135H.7 Personnel.   1. A person shall not be allowed to provide services in a psychiatric institution if the person has a disease which is transmissible to other persons through required contact in the workplace, which presents a significant risk of infecting other persons, which presents a substantial possibility of harming other persons, or for which no reasonable accommodation can eliminate the risk of infecting other persons.   2. a. If a person is being considered for licensure under this chapter, or for employment involving direct responsibility for a child or with access to a child when the child is alone, by a licensed psychiatric institution, or if a person will reside in a facility utilized by a licensee, and if the person has been convicted of a crime or has a record of founded child abuse, the department of human services and the licensee, for an employee of the licensee, shall perform an evaluation to determine whether the crime or founded child abuse warrants prohibition of licensure, employment, or residence in the facility. The department of human services shall conduct criminal and child abuse record checks in this state and may conduct these checks in other states. The evaluation shall be performed in accordance with procedures adopted for this purpose by the department of human services.   b. If the department of human services determines that a person has committed a crime or has a record of founded child abuse and is licensed, employed by a psychiatric institution licensed under this chapter, or resides in a licensed facility, the department shall notify the program that an evaluation will be conducted to determine whether prohibition of the persons licensure, employment, or residence is warranted.   c. In an evaluation, the department of human services and the licensee for an employee of the licensee shall consider the nature and seriousness of the crime or founded child abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child abuse, the circumstances under which the crime or founded child abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child abuse again, and the number of crimes or founded child abuses committed by the person involved. The department may permit a person who is evaluated to be licensed, employed, or to reside, or to continue to be licensed, employed, or to reside in a licensed facility, if the person complies with the departments conditions relating to the persons licensure, employment, or residence, which may include completion of additional training. For an employee of a licensee, these conditional requirements shall be developed with the licensee. The department of human services has final authority in determining whether prohibition of the persons licensure, employment, or residence is warranted and in developing any conditional requirements under this paragraph.   3. If the department of human services determines that the person has committed a crime or has a record of founded child abuse which warrants prohibition of licensure, employment, or residence, the person shall not be licensed under this chapter to operate a psychiatric institution and shall not be employed by a psychiatric institution or reside in a facility licensed under this chapter.   4. In addition to the record checks required under subsection 2, the department of human services may conduct dependent adult abuse record checks in this state and may conduct these checks in other states, on a random basis. The provisions of subsections 2 and 3, relative to an evaluation following a determination that a person has been convicted of a crime or has a record of founded child abuse, shall also apply to a random dependent adult abuse record check conducted under this subsection.   5. Beginning July 1, 1994, a licensee shall inform all new applicants for employment of the possibility of the performance of a record check and shall obtain, from the applicant, a signed acknowledgment of the receipt of the information.   6. On or after July 1, 1994, a licensee shall include the following inquiry in an application for employment:   Do you have a record of founded child or dependent adult abuse or have you ever been convicted of a crime, in this state or any other state?  89 Acts, ch 283, 8; 90 Acts, ch 1221, 2; 91 Acts, ch 138, 2; 92 Acts, ch 1163, 35; 94 Acts, ch 1130, 13 
135H.8 Denial, suspension, or revocation of license.   The department may deny an application or suspend or revoke a license if the department finds that an applicant or licensee has failed or is unable to comply with this chapter or the rules establishing minimum standards pursuant to this chapter or if any of the following conditions apply:   1. It is shown that a resident is a victim of cruelty or neglect due to the acts or omissions of the licensee.   2. The licensee has permitted, aided, or abetted in the commission of an illegal act in the psychiatric institution.   3. An applicant or licensee acted to obtain or to retain a license by fraudulent means, misrepresentation, or submitting false information.   4. The licensee has willfully failed or neglected to maintain a continuing in-service education and training program for persons employed by the psychiatric institution.   5. The application involves a person who has failed to operate a psychiatric institution in compliance with the provisions of this chapter.  89 Acts, ch 283, 9 
135H.8A Provisional license.   The department may issue a provisional license, effective for not more than one year, to a licensee whose psychiatric institution does not meet the requirements of this chapter, if, prior to issuance of the license, written plans to achieve compliance with the applicable requirements are submitted to and approved by the department. The plans shall specify the deadline for achieving compliance.  95 Acts, ch 51, 2 
135H.9 Notice and hearings.   The procedure governing notice and hearing to deny an application or suspend or revoke a license shall be in accordance with rules adopted by the department pursuant to chapter 17A. A full and complete record shall be kept of the proceedings and of any testimony. The record need not be transcribed unless judicial review is sought. A copy or copies of a transcript may be obtained by an interested party upon payment of the cost of preparing the transcript or copies.  89 Acts, ch 283, 10 
135I.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Department means the Iowa department of public health.   2. Local board of health means a city, county, or district board of health as defined in section 137.102.   3. Spa means a bathing facility such as a hot tub or whirlpool designed for recreational or therapeutic use.   4. Swimming pool means an artificial basin and its appurtenances, either constructed or operated for swimming, wading, or diving, and includes a swimming pool, wading pool, waterslide, or associated bathhouse. Swimming pool does not include a decorative fountain which does not serve primarily as a wading or swimming pool and the drain of which fountain is not connected to any type of suction device for removing or recirculating the water.   5. Swimming pool or spa water heater means an appliance designed for heating nonpotable water stored at atmospheric pressure, such as water in a swimming pool, spa, hot tub, or for similar uses.  89 Acts, ch 291, 1; 91 Acts, ch 75, 1; 92 Acts, ch 1194, 1; 2001 Acts, ch 58, 5; 2010 Acts, ch 1036, 20  Referred to in 669.14, 670.4  For provisions relating to requirement that department of public health regulate certain residential swimming pools used for private swimming lessons, see  2015 Acts, ch 138, 97, 98 
135I.2 Applicability.   This chapter applies to all swimming pools and spas owned or operated by local or state government, or commercial interests or private entities including but not limited to facilities operated by cities, counties, public or private school corporations, hotels, motels, camps, apartments, condominiums, and health or country clubs. This chapter does not apply to facilities intended for single family use or to a swimming pool or spa operated by a homeowners association representing seventy-two or fewer dwelling units if the associations bylaws, which also apply to a rental agreement relative to any of the dwelling units, include an exemption from the requirements of this chapter, provide for inspection of the swimming pool or spa by an entity other than the department or local board of health, and assume any liability associated with operation of the swimming pool or spa. This chapter does not apply to a swimming pool or spa used exclusively for therapy under the direct supervision of qualified medical personnel. To avoid duplication and promote coordination of inspection activities, the department may enter into written agreements with a local board of health to provide for inspection and enforcement in accordance with this chapter.  89 Acts, ch 291, 2; 92 Acts, ch 1194, 2; 92 Acts, ch 1237, 8; 96 Acts, ch 1097, 1; 2001 Acts, ch 58, 6; 2008 Acts, ch 1058, 5  For provisions relating to requirement that department of public health regulate certain residential swimming pools used for private swimming lessons, see  2015 Acts, ch 138, 97, 98 
135I.3 Registration required.   A person shall not operate a swimming pool or spa without first having registered with the department. Registration shall be renewed annually.  89 Acts, ch 291, 3  For provisions relating to requirement that department of public health regulate certain residential swimming pools used for private swimming lessons, see  2015 Acts, ch 138, 97, 98 
135I.4 Powers and duties.   The department is responsible for registering and regulating the operation of swimming pools, spas, and, notwithstanding chapter 89, swimming pool or spa water heaters. The department shall conduct seminars and training sessions, and disseminate information regarding health practices, safety measures, and operating procedures required under this chapter. The department may:   1. Inspect, at the time of installation and periodically thereafter, all swimming pools and spas for the purpose of detecting and eliminating health or safety hazards.   2. Establish minimum safety and sanitation criteria for the operation and use of swimming pools and spas.   3. Establish minimum qualifications for swimming pool, spa, and waterslide operators and lifeguards. Swimming pools operated by apartments, condominiums, country clubs, neighborhoods, or manufactured home communities or mobile home parks are exempt from requirements regarding lifeguards.   4. Establish and collect fees to defray the cost of administering this chapter. It is the intent of the general assembly that fees collected under this chapter be used to defray the cost of administering this chapter. However, the portion of fees needed to defray the costs of a local board of health in implementing this chapter shall be established by the local board of health. A fee imposed for the inspection of a swimming pool or spa shall not be collected until the inspection has actually been performed.   5. Adopt rules in accordance with chapter 17A for the implementation and enforcement of this chapter and the establishment of fees.   6. Enter into agreements with a local board of health to implement the inspection and enforcement provisions of this chapter. The agreements shall provide that the fees established by the local board of health for inspection and enforcement shall be retained by the local board. However, inspection fees shall not be charged by the department for facilities which are inspected by third-party authorities. Third-party authorities shall be approved by the department. The department shall monitor and certify the inspection and enforcement programs of local boards of health and approved third-party authorities.  89 Acts, ch 291, 4; 92 Acts, ch 1194, 3; 92 Acts, ch 1237, 9; 2001 Acts, ch 153, 16; 2007 Acts, ch 159, 22  For provisions relating to requirement that department of public health regulate certain residential swimming pools used for private swimming lessons, see  2015 Acts, ch 138, 97, 98 
135I.5 Penalty.   A person who violates a provision of this chapter commits a simple misdemeanor. Each day upon which a violation occurs constitutes a separate violation.  89 Acts, ch 291, 5  For provisions relating to requirement that department of public health regulate certain residential swimming pools used for private swimming lessons, see  2015 Acts, ch 138, 97, 98 
135I.6 Enforcement.   If the department or a local board of health acting pursuant to agreement with the department determines that a provision of this chapter or a rule adopted pursuant to this chapter has been or is being violated, the department may withhold or revoke the registration of a swimming pool or spa, or the department or the local board of health may order that a facility or item of equipment not be used, until the necessary corrective action has been taken. The department or the local board of health may request the county attorney to bring appropriate legal proceedings to enforce this chapter, including an action to enjoin violations. The attorney general may also institute appropriate legal proceedings at the request of the department. This remedy is in addition to any other legal remedy available to the department or a local board of health.  89 Acts, ch 291, 6; 92 Acts, ch 1194, 4; 92 Acts, ch 1237, 10; 2007 Acts, ch 159, 23  For provisions relating to requirement that department of public health regulate certain residential swimming pools used for private swimming lessons, see  2015 Acts, ch 138, 97, 98 
135J.1 Definitions.   For the purposes of this chapter unless otherwise defined:   1. Core services means physician services, nursing services, medical social services, counseling services, and volunteer services. These core services, as well as others deemed necessary by the hospice in delivering safe and appropriate care to its case load, can be provided through either direct or indirect arrangement by the hospice.   2. Department means the department of inspections and appeals.   3. Hospice patient or patient means a diagnosed terminally ill person with an anticipated life expectancy of six months or less, as certified by the attending physician, who, alone or in conjunction with a unit of care as defined in subsection 8, has voluntarily requested and received admission into the hospice program. If the patient is unable to request admission, a family member may voluntarily request and receive admission on the patients behalf.   4. Hospice patients family means the immediate kin of the patient, including a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, child, or stepchild. Additional relatives or individuals with significant personal ties to the hospice patient may be included in the hospice patients family.   5. Hospice program means a centrally coordinated program of home and inpatient care provided directly or through an agreement under the direction of an identifiable hospice administration providing palliative care and supportive medical and other health services to terminally ill patients and their families. A licensed hospice program shall utilize a medically directed interdisciplinary team and provide care to meet the physical, emotional, social, spiritual, and other special needs which are experienced during the final stages of illness, dying, and bereavement. Hospice care shall be available twenty-four hours a day, seven days a week.   6. Interdisciplinary team means the hospice patient and the hospice patients family, the attending physician, and all of the following individuals trained to serve with a licensed hospice program:   a. A licensed physician pursuant to chapter 148.   b. A licensed registered nurse pursuant to chapter 152.   c. An individual with at least a baccalaureate degree in the field of social work providing medical-social services.   d. Trained hospice volunteers.   e. As deemed appropriate by the hospice, providers of special services including but not limited to a spiritual counselor, a pharmacist, or professionals in the fields of mental health may be included on the interdisciplinary team.   7. Palliative care means care directed at managing symptoms experienced by the hospice patient, as well as addressing related needs of the patient and family as they experience the stress of the dying process. The intent of palliative care is to enhance the quality of life for the hospice patient and family unit, and is not treatment directed at cure of the terminal illness.   8. Unit of care means the patient and the patients family within a hospice program.   9. Volunteer services means the services provided by individuals who have successfully completed a training program developed by a licensed hospice program.  84 Acts, ch 1284, 2  C85, 135.90  90 Acts, ch 1204, 66  C91, 135J.1  2005 Acts, ch 3, 32; 2008 Acts, ch 1088, 91; 2009 Acts, ch 133, 196  Referred to in 144C.2, 144D.1, 331.802, 441.21 
135J.2 Licenses  fees  criteria.   1. A person or governmental unit, acting severally or jointly with any other person may establish, conduct, or maintain a hospice program in this state and receive a license from the department after meeting the requirements of this chapter. The application shall be on a form prescribed by the department and shall require information the department deems necessary. Nothing in this chapter shall prohibit a person or governmental unit from establishing, conducting, or maintaining a hospice program without a license. Each application for license shall be accompanied by a nonrefundable biennial license fee determined by the department.   2. The hospice program shall meet the criteria pursuant to section 135J.3 before a license is issued. The department of inspections and appeals is responsible to provide the necessary personnel to inspect the hospice program, the home care and inpatient care provided and the hospital or facility used by the hospice to determine if the hospice complies with necessary standards before a license is issued. Hospices that are certified as Medicare hospice providers by the department of inspections and appeals or are accredited as hospices by the joint commission on the accreditation of health care organizations, shall be licensed without inspection by the department of inspections and appeals.  84 Acts, ch 1284, 3  C85, 135.91  86 Acts, ch 1245, 1111; 90 Acts, ch 1204, 66  C91, 135J.2  98 Acts, ch 1100, 17; 2005 Acts, ch 3, 33; 2021 Acts, ch 76, 150  Code editor directive applied 
135J.3 Basic requirements.   A licensed hospice program shall include:   1. A planned program of hospice care, the medical components of which shall be under the direction of a licensed physician.   2. Centrally administered, coordinated hospice core services provided in home, outpatient, or institutional settings.   3. A mechanism that assures the rights of the patient and family.   4. Palliative care provided to a hospice patient and family under the direction of a licensed physician.   5. An interdisciplinary team which develops, implements, and evaluates the hospice plan of care for the patient and family.   6. Bereavement services.   7. Accessible hospice care twenty-four hours a day, seven days a week in all settings.   8. An ongoing system of quality assurance and utilization review.  84 Acts, ch 1284, 7  C85, 135.95  90 Acts, ch 1204, 66  C91, 135J.3  Referred to in 135J.2 
135J.4 Inspection.   The department of inspections and appeals shall make or be responsible for inspections of the hospice program, the home care and the inpatient care provided in the hospice program, and the hospital or facility before a license is issued. The department of inspections and appeals shall inspect the hospice program periodically after initial inspection.  84 Acts, ch 1284, 6  C85, 135.94  86 Acts, ch 1245, 1112; 90 Acts, ch 1204, 66  C91, 135J.4 
135J.5 Denial, suspension, or revocation of licenses.   The department may deny, suspend, or revoke a license if the department determines there is failure of the program to comply with this chapter or the rules adopted under this chapter. The suspension or revocation may be appealed under chapter 17A. The department may reissue a license following a suspension or revocation after the hospice corrects the conditions upon which the suspension or revocation was based.  84 Acts, ch 1284, 4  C85, 135.92  90 Acts, ch 1204, 66  C91, 135J.5  2005 Acts, ch 3, 34 
135J.6 Limitation, expiration, and renewal of licenses.   Licenses for hospice programs shall be issued only for the premises, person, hospital, or facility named in the application and are not transferable or assignable. A license, unless sooner suspended or revoked, shall expire two years after the date of issuance and shall be renewed biennially upon an application by the licensee. Application for renewal shall be made in writing to the department at least thirty days prior to the expiration of the license. The fee for a license renewal shall be determined by the department. Licensed hospice programs which have allowed their licenses to lapse through failure to make timely application for renewal shall pay an additional fee of twenty-five percent of the biennial license fee.  84 Acts, ch 1284, 5  C85, 135.93  85 Acts, ch 67, 17; 89 Acts, ch 122, 1; 90 Acts, ch 1204, 66  C91, 135J.6 
135J.7 Rules.   Except as otherwise provided in this chapter, the department shall adopt rules pursuant to chapter 17A necessary to implement this chapter, subject to approval of the state board of health. Formulation of the rules shall include consultation with Iowa hospice organization representatives and other persons affected by this chapter.  84 Acts, ch 1284, 8  C85, 135.96  87 Acts, ch 8, 3; 90 Acts, ch 1204, 66  C91, 135J.7  2005 Acts, ch 3, 35 
135K.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Approved course means a course covering the testing and repair of backflow prevention assemblies which has been approved by the department.   2. Backflow prevention assembly means a device or means to prevent backflow into the potable water system.   3. Department means the Iowa department of public health.   4. Registered backflow prevention assembly tester means a person who has successfully completed an approved course and has registered with the department.  92 Acts, ch 1204, 1 
135K.2 Applicability.   This chapter applies to all persons who test or repair backflow prevention assemblies.  92 Acts, ch 1204, 2 
135K.3 Registration and approval required.   A person shall not test or repair backflow prevention assemblies without first having registered with and having been approved by the department.  92 Acts, ch 1204, 3 
135K.4 Powers and duties.   The department shall adopt rules in accordance with chapter 17A, which provide for all of the following:   1. The establishment of minimum qualifications for registered backflow prevention assembly testers.   2. The establishment of minimum standards for approved courses.   3. The establishment and collection of fees to defray the cost of administering this chapter.   4. The provision of a listing of registered backflow prevention assembly testers to local health officials.   5. The administration and enforcement of this chapter.  92 Acts, ch 1204, 4 
135K.5 Penalty.   A person who violates this chapter is guilty of a simple misdemeanor.  92 Acts, ch 1204, 5 
135K.6 Enforcement.   1. The department shall investigate complaints regarding backflow prevention assembly testers. If the department determines that a provision of this chapter regarding the requirements for a backflow prevention assembly tester has been violated, the department may order a person not to test or repair backflow prevention assemblies or may revoke the registration of a registered backflow prevention assembly tester until the necessary corrective action has been taken.   2. The department shall investigate complaints regarding courses covering the testing and repair of backflow prevention assemblies. If the department determines that a provision of this chapter regarding approved courses has been violated, the department may revoke the approval of a course until the necessary corrective action has been taken.  92 Acts, ch 1204, 6 
135L.1 Definitions.   As used in this chapter unless the context otherwise requires:   1. Abortion means an abortion as defined in chapter 146.   2. Adult means a person eighteen years of age or older.   3. Child-placing agency means any agency, public, semipublic, or private, which represents itself as placing children, receiving children for placement, or actually engaging in placement of children and includes the department of human services.   4. Court means the juvenile court.   5. Grandparent means the parent of an individual who is the parent of the pregnant minor.   6. Medical emergency means a condition which, based upon a physicians judgment, necessitates an abortion to avert the pregnant minors death, or for which a delay will create a risk of serious impairment of a major bodily function.   7. Minor means a person under eighteen years of age who has not been and is not married.   8. Parent means one parent or a legal guardian or custodian of a pregnant minor.   9. Responsible adult means an adult, who is not associated with an abortion provider, chosen by a pregnant minor to assist the minor in the decision-making process established in this chapter.  96 Acts, ch 1011, 1, 14; 97 Acts, ch 173, 1 
135L.2 Prospective minor parents decision-making assistance program established.   1. A decision-making assistance program is created to provide assistance to minors in making informed decisions relating to pregnancy. The program shall offer and include all of the following:   a. (1) A video, to be developed by a person selected through a request for proposals process or other contractual agreement, which provides information regarding the various options available to a pregnant minor with regard to the pregnancy, including a decision to continue the pregnancy to term and retain parental rights following the childs birth, a decision to continue the pregnancy to term and place the child for adoption following the childs birth, and a decision to terminate the pregnancy through abortion. The video shall provide the information in a manner and language, including but not limited to the use of closed captioning for the deaf and hard of hearing, which could be understood by a minor.   (2) The video shall explain that public and private agencies are available to assist a pregnant minor with any alternative chosen.   (3) The video shall explain that if the pregnant minor decides to continue the pregnancy to term, and to retain parental rights to the child, the father of the child is liable for the support of the child.   (4) The video shall explain that tendering false documents is a fraudulent practice in the fourth degree pursuant to section 135L.6.   b. Written decision-making materials which include all of the following:   (1) Information regarding the options described in the video including information regarding the agencies and programs available to provide assistance to the pregnant minor in parenting a child; information relating to adoption including but not limited to information regarding child-placing agencies; and information regarding abortion including but not limited to the legal requirements relative to the performance of an abortion on a pregnant minor. The information provided shall include information explaining that if a pregnant minor decides to continue the pregnancy to term and to retain parental rights, the father of the child is liable for the support of the child and that if the pregnant minor seeks public assistance on behalf of the child, the pregnant minor shall, and if the pregnant minor is not otherwise eligible as a public assistance recipient, the pregnant minor may, seek the assistance of the child support recovery unit in establishing the paternity of the child, and in seeking support payments for a reasonable amount of the costs associated with the pregnancy, medical support, and maintenance from the father of the child, or if the father is a minor, from the parents of the minor father. The information shall include a listing of the agencies and programs and the services available from each.   (2) A workbook which is to be used in viewing the video and which includes a questionnaire and exercises to assist a pregnant minor in viewing the video and in considering the options available regarding the minors pregnancy.   (3) A detachable certification form to be signed by the pregnant minor certifying that the pregnant minor was offered a viewing of the video and the written decision-making materials.   2. a. The video shall be available through the state and local offices of the Iowa department of public health, the department of human services, and the judicial branch and through the office of each licensed physician who performs abortions.   b. The video may be available through the office of any licensed physician who does not perform abortions, upon the request of the physician; through any nonprofit agency serving minors, upon the request of the agency; and through any other person providing services to minors, upon the request of the person.   3. During the initial appointment between a licensed physician from whom a pregnant minor is seeking the performance of an abortion and a pregnant minor, the licensed physician shall offer the viewing of the video and the written decision-making materials to the pregnant minor, and shall obtain the signed and dated certification form from the pregnant minor. A licensed physician shall not perform an abortion on a pregnant minor prior to obtaining the completed certification form from a pregnant minor.   4. A pregnant minor shall be encouraged to select a responsible adult, preferably a parent of the pregnant minor, to accompany the pregnant minor in viewing the video and receiving the decision-making materials.   5. To the extent possible and at the discretion of the pregnant minor, the person responsible for impregnating the pregnant minor shall also be involved in the viewing of the video and in the receipt of written decision-making materials.   6. Following the offering of the viewing of the video and of the written decision-making materials, the pregnant minor shall sign and date the certification form attached to the materials, and shall submit the completed form to the licensed physician. The licensed physician shall also provide a copy of the completed certification form to the pregnant minor.  96 Acts, ch 1011, 2, 14; 96 Acts, ch 1174, 1; 97 Acts, ch 173, 2; 98 Acts, ch 1047, 16; 2020 Acts, ch 1102, 5  Referred to in 135L.3, 135L.6 
135L.3 Notification of parent prior to the performance of abortion on a pregnant minor  requirements  criminal penalty.   1. A licensed physician shall not perform an abortion on a pregnant minor until at least forty-eight hours prior notification is provided to a parent of the pregnant minor.   2. The licensed physician who will perform the abortion shall provide notification in person or by mailing the notification by restricted certified mail to a parent of the pregnant minor at the usual place of abode of the parent. For the purpose of delivery by restricted certified mail, the time of delivery is deemed to occur at 12:00 noon on the next day on which regular mail delivery takes place, subsequent to the mailing.   3. If the pregnant minor objects to the notification of a parent prior to the performance of an abortion on the pregnant minor, the pregnant minor may petition the court to authorize waiver of the notification requirement pursuant to this section in accordance with the following procedures:   a. The court shall ensure that the pregnant minor is provided with assistance in preparing and filing the petition for waiver of notification and shall ensure that the pregnant minors identity remains confidential.   b. The pregnant minor may participate in the court proceedings on the pregnant minors own behalf. The court may appoint a guardian ad litem for the pregnant minor and the court shall appoint a guardian ad litem for the pregnant minor if the pregnant minor is not accompanied by a responsible adult or if the pregnant minor has not viewed the video as provided pursuant to section 135L.2. In appointing a guardian ad litem for the pregnant minor, the court shall consider a person licensed to practice psychology pursuant to chapter 154B, a licensed social worker pursuant to chapter 154C, a licensed marital and family therapist pursuant to chapter 154D, or a licensed mental health counselor pursuant to chapter 154D to serve in the capacity of guardian ad litem. The court shall advise the pregnant minor of the pregnant minors right to court-appointed legal counsel, and shall, upon the pregnant minors request, provide the pregnant minor with court-appointed legal counsel, at no cost to the pregnant minor.   c. The court proceedings shall be conducted in a manner which protects the confidentiality of the pregnant minor and notwithstanding section 232.147 or any other provision to the contrary, all court documents pertaining to the proceedings shall remain confidential and shall be sealed. Only the pregnant minor, the pregnant minors guardian ad litem, the pregnant minors legal counsel, and persons whose presence is specifically requested by the pregnant minor, by the pregnant minors guardian ad litem, or by the pregnant minors legal counsel may attend the hearing on the petition.   d. Notwithstanding any law or rule to the contrary, the court proceedings under this section shall be given precedence over other pending matters to ensure that the court reaches a decision expeditiously.   e. Upon petition and following an appropriate hearing, the court shall waive the notification requirements if the court determines either of the following:   (1) That the pregnant minor is mature and capable of providing informed consent for the performance of an abortion.   (2) That the pregnant minor is not mature, or does not claim to be mature, but that notification is not in the best interest of the pregnant minor.   f. The court shall issue specific factual findings and legal conclusions, in writing, to support the decision.   g. Upon conclusion of the hearing, the court shall immediately issue a written order which shall be provided immediately to the pregnant minor, the pregnant minors guardian ad litem, the pregnant minors legal counsel, or to any other person designated by the pregnant minor to receive the order.   h. An expedited, confidential appeal shall be available to a pregnant minor for whom the court denies a petition for waiver of notification. An order granting the pregnant minors application for waiver of notification is not subject to appeal. Access to the appellate courts for the purpose of an appeal under this section shall be provided to a pregnant minor twenty-four hours a day, seven days a week.   i. A pregnant minor who chooses to utilize the waiver of notification procedures under this section shall not be required to pay a fee at any level of the proceedings. Fees charged and court costs taxed in connection with a proceeding under this section are waived.   j. If the court denies the petition for waiver of notification and if the decision is not appealed or all appeals are exhausted, the court shall advise the pregnant minor that, upon the request of the pregnant minor, the court will appoint a licensed marital and family therapist to assist the pregnant minor in addressing any intrafamilial problems. All costs of services provided by a court-appointed licensed marital and family therapist shall be paid by the court through the expenditure of funds appropriated to the judicial branch.   k. Venue for proceedings under this section is in any court in the state.   l. The supreme court shall prescribe rules to ensure that the proceedings under this section are performed in an expeditious and confidential manner. The rules shall require that the hearing on the petition shall be held and the court shall rule on the petition within forty-eight hours of the filing of the petition. If the court fails to hold the hearing and rule on the petition within forty-eight hours of the filing of the petition and an extension is not requested, the petition is deemed granted and waiver of the notification requirements is deemed authorized. The court shall immediately provide documentation to the pregnant minor and to the pregnant minors legal counsel if the pregnant minor is represented by legal counsel, demonstrating that the petition is deemed granted and that waiver of the notification requirements is deemed authorized. Resolution of a petition for authorization of waiver of the notification requirement shall be completed within ten calendar days as calculated from the day after the filing of the petition to the day of issuance of any final decision on appeal.   m. The requirements of this section regarding notification of a parent of a pregnant minor prior to the performance of an abortion on a pregnant minor do not apply if any of the following applies:   (1) The abortion is authorized in writing by a parent entitled to notification.   (2) (a) The pregnant minor declares, in a written statement submitted to the attending physician, a reason for not notifying a parent and a reason for notifying a grandparent of the pregnant minor in lieu of the notification of a parent. Upon receipt of the written statement from the pregnant minor, the attending physician shall provide notification to a grandparent of the pregnant minor, specified by the pregnant minor, in the manner in which notification is provided to a parent.   (b) The notification form shall be in duplicate and shall include both of the following:   (i) A declaration which informs the grandparent of the pregnant minor that the grandparent of the pregnant minor may be subject to civil action if the grandparent accepts notification.   (ii) A provision that the grandparent of the pregnant minor may refuse acceptance of notification.   (3) The pregnant minors attending physician certifies in writing that a medical emergency exists which necessitates the immediate performance of an abortion, and places the written certification in the medical file of the pregnant minor.   (4) The pregnant minor declares that the pregnant minor is a victim of child abuse pursuant to section 232.68, the person responsible for the care of the child is a parent of the child, and either the abuse has been reported pursuant to the procedures prescribed in chapter 232, subchapter III, part 2, or a parent of the child is named in a report of founded child abuse. The department of human services shall maintain confidentiality under chapter 232 and shall not release any information in response to a request for public records, discovery procedures, subpoena, or any other means, unless the release of information is expressly authorized by the pregnant minor regarding the pregnant minors pregnancy and abortion, if the abortion is obtained. A person who knowingly violates the confidentiality provisions of this subparagraph is guilty of a serious misdemeanor.   (5) The pregnant minor declares that the pregnant minor is a victim of sexual abuse as defined in chapter 709 and has reported the sexual abuse to law enforcement.   n. A licensed physician who knowingly performs an abortion in violation of this section is guilty of a serious misdemeanor.   o. All records and files of a court proceeding maintained under this section shall be destroyed by the clerk of court when one year has elapsed from any of the following, as applicable:   (1) The date that the court issues an order waiving the notification requirements.   (2) The date after which the court denies the petition for waiver of notification and the decision is not appealed.   (3) The date after which the court denies the petition for waiver of notification, the decision is appealed, and all appeals are exhausted.   p. A person who knowingly violates the confidentiality requirements of this section relating to court proceedings and documents is guilty of a serious misdemeanor.  96 Acts, ch 1011, 4, 14; 96 Acts, ch 1174, 2; 97 Acts, ch 173, 3  11; 98 Acts, ch 1047, 17; 2015 Acts, ch 29, 26; 2020 Acts, ch 1062, 94  Referred to in 232.5, 602.8102(31) 
135L.4 Prospective minor parents program advisory committee created. Repealed by 97 Acts, ch 203, 19. 
135L.5 Medical emergency exception  alternative procedure. Repealed by 97 Acts, ch 173, 17. See 135L.3, subsection 3, paragraph m. 
135L.6 Fraudulent practice.   A person who does any of the following is guilty of a fraudulent practice in the fourth degree pursuant to section 714.12:   1. Knowingly tenders a false original or copy of the signed and dated certification form described in section 135L.2, to be retained by the licensed physician.   2. Knowingly tenders a false original or copy of the notification document mailed to a parent or grandparent of the pregnant minor under this chapter, or a false original or copy of the order waiving notification relative to the performance of an abortion on a pregnant minor.  96 Acts, ch 1011, 7, 14; 96 Acts, ch 1174, 5; 97 Acts, ch 173, 12  Referred to in 135L.2 
135L.7 Immunities.   1. With the exception of the civil liability which may apply to a grandparent of a pregnant minor who accepts notification under this chapter, a person is immune from any liability, civil or criminal, for any act, omission, or decision made in connection with a good faith effort to comply with the provisions of this chapter.   2. This section shall not be construed to limit civil liability of a person for any act, omission, or decision made in relation to the performance of a medical procedure on a pregnant minor.  96 Acts, ch 1011, 8, 14; 97 Acts, ch 173, 13 
135L.8 Adoption of rules  implementation and documents.   The Iowa department of public health shall adopt rules to implement the notification procedures pursuant to this chapter including but not limited to rules regarding the documents necessary for notification of a parent or grandparent of a pregnant minor who is designated to receive notification under this chapter.  96 Acts, ch 1011, 9, 14; 97 Acts, ch 173, 14 
135M.1 Purpose.   The purpose of this chapter is to improve the health of low-income Iowans and Iowans who have been victims of a state of disaster emergency proclaimed by the governor pursuant to section 29C.6 or a public health disaster as defined in section 135.140, subsection 6, through a prescription drug donation repository that authorizes medical facilities, pharmacies, and the department to redispense prescription drugs and supplies that would otherwise be destroyed.  2005 Acts, ch 97, 1; 2009 Acts, ch 127, 1 
135M.2 Definitions.   1. Anti-rejection drug means a prescription drug that suppresses the immune system to prevent or reverse rejection of a transplanted organ.   2. Cancer drug means a prescription drug that is used to treat any of the following:   a. Cancer or the side effects of cancer.   b. The side effects of any prescription drug that is used to treat cancer or the side effects of cancer.   3. Controlled substance means the same as defined in section 155A.3.   4. Department means the Iowa department of public health.   5. Indigent means a person with an income that is below two hundred percent of the federal poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services.   6. Medical facility means any of the following:   a. A physicians office.   b. A hospital.   c. A health clinic.   d. A nonprofit health clinic which includes a federally qualified health center as defined in 42 U.S.C. 1396d(l)(2)(B); a rural health clinic as defined in 42 U.S.C. 1396d(l)(1); and a nonprofit health clinic that provides medical care to patients who are indigent, uninsured, or underinsured.   e. A free clinic as defined in section 135.24.   f. A charitable organization as defined in section 135.24.   g. A nursing facility as defined in section 135C.1.   7. Pharmacy means a pharmacy as defined in section 155A.3.   8. Prescription drug means the same as defined in section 155A.3, and includes cancer drugs and anti-rejection drugs, but does not include controlled substances.   9. Supplies means the supplies necessary to administer the prescription drugs donated.  2005 Acts, ch 97, 2 
135M.3 Prescription drug donation repository program authorized.   1. The department, in cooperation with the board of pharmacy, may establish and maintain a prescription drug donation repository program under which any person may donate prescription drugs and supplies for use by an individual who meets eligibility criteria specified by the department by rule. The department may contract with a third party to implement and administer the program.   2. Donations of prescription drugs and supplies under the program may be made on the premises of a medical facility or pharmacy that elects to participate in the program and meets the requirements established by the department.   3. The medical facility or pharmacy may charge an individual who receives a prescription drug or supplies a handling fee that shall not exceed an amount established by rule by the department.   4. a. A medical facility or pharmacy that receives prescription drugs or supplies may distribute the prescription drugs or supplies to another eligible medical facility or pharmacy for use pursuant to the program.   b. The department may receive prescription drugs or supplies directly from the prescription drug donation repository contractor and may distribute such prescription drugs and supplies through persons licensed to dispense prescription drugs and supplies to an eligible individual for use by the individual pursuant to the program. The department may receive and distribute such prescription drugs or supplies under this paragraph during or in preparation for a state of disaster emergency proclaimed by the governor pursuant to section 29C.6 or during or in preparation for a public health disaster as defined in section 135.140, subsection 6.   5. Participation in the program shall be voluntary.  2005 Acts, ch 97, 3; 2007 Acts, ch 10, 22; 2009 Acts, ch 127, 2 
135M.4 Prescription drug donation repository program requirements.   1. A prescription drug or supplies may be accepted and dispensed under the prescription drug donation repository program if all of the following conditions are met:   a. The prescription drug is in its original sealed and tamper-evident packaging. However, a prescription drug in a single-unit dose or blister pack with the outside packaging opened may be accepted if the single-unit dose packaging remains intact.   b. The prescription drug bears an expiration date that is more than six months after the date the prescription drug was donated. However, a donated prescription drug bearing an expiration date that is six months or less after the date the prescription drug was donated may be accepted and distributed if the drug is in high demand and can be dispensed for use prior to the drugs expiration date.   c. The prescription drug or supplies are inspected before the prescription drug or supplies are dispensed by a licensed pharmacist employed by or under contract with the medical facility or pharmacy, and the licensed pharmacist determines that the prescription drug or supplies are not adulterated or misbranded.   d. The prescription drug or supplies are prescribed by a health care practitioner for use by an eligible individual and are dispensed by a pharmacist or are dispensed to an eligible individual by the prescribing health care practitioner or the practitioners authorized agent.   2. A prescription drug or supplies donated under this chapter shall not be resold.   3. a. If a person who donates prescription drugs under this chapter to a medical facility or pharmacy receives a notice from a pharmacy that a prescription drug has been recalled, the person shall inform the medical facility or pharmacy of the recall.   b. If a medical facility or pharmacy receives a recall notification from a person who donated prescription drugs under this chapter, the medical facility or pharmacy shall perform a uniform destruction of all of the recalled prescription drugs in the medical facility or pharmacy.   4. A prescription drug dispensed through the prescription drug donation repository program shall not be eligible for reimbursement under the medical assistance program.   5. The department shall adopt rules establishing all of the following:   a. Requirements for medical facilities and pharmacies to accept and dispense donated prescription drugs and supplies, including all of the following:   (1) Eligibility criteria for participation by medical facilities and pharmacies.   (2) Standards and procedures for accepting, safely storing, and dispensing donated prescription drugs and supplies.   (3) Standards and procedures for inspecting donated prescription drugs to determine if the prescription drugs are in their original sealed and tamper-evident packaging, or if the prescription drugs are in single-unit doses or blister packs and the outside packaging is opened, if the single-unit dose packaging remains intact.   (4) Standards and procedures for inspecting donated prescription drugs and supplies to determine that the prescription drugs and supplies are not adulterated or misbranded.   b. (1) Eligibility criteria for individuals to receive donated prescription drugs and supplies dispensed by medical facilities and pharmacies under the program. The standards shall prioritize dispensing to individuals who are indigent or uninsured, but may permit dispensing to other individuals if an uninsured or indigent individual is unavailable.   (2) Eligibility criteria for individuals to receive donated prescription drugs and supplies dispensed directly by the department through persons licensed to dispense prescription drugs and supplies. The department shall accept and dispense donated prescription drugs and supplies received from the prescription drug donation repository contractor during or in preparation for a state of disaster emergency proclaimed by the governor pursuant to section 29C.6 or during or in preparation for a public health disaster as defined in section 135.140, subsection 6.   c. Necessary forms for administration of the prescription drug donation repository program, including forms for use by individuals who donate, accept, distribute, or dispense the prescription drugs or supplies under the program.   d. A means by which an individual who is eligible to receive donated prescription drugs and supplies may indicate such eligibility.   e. The maximum handling fee that a medical facility or pharmacy may charge for accepting, distributing, or dispensing donated prescription drugs and supplies under the program.   f. A list of prescription drugs that the prescription drug donation repository program will accept.  2005 Acts, ch 97, 4; 2007 Acts, ch 159, 24; 2008 Acts, ch 1058, 6; 2009 Acts, ch 127, 3 
135M.5 Exemption from disciplinary action, civil liability, and criminal prosecution.   1. A drug manufacturer acting reasonably and in good faith, is not subject to criminal prosecution or civil liability for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the drug manufacturer that is donated under this chapter, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.   2. Except as provided in subsection 3, a person including the department or the departments employees, agents, or volunteers, but not a drug manufacturer subject to subsection 1, acting reasonably and in good faith, is immune from civil liability and criminal prosecution for injury to or the death of an individual to whom a donated prescription drug is dispensed under this chapter and shall be exempt from disciplinary action related to the persons acts or omissions related to the donation, acceptance, distribution, or dispensing of a donated prescription drug under this chapter.   3. The immunity and exemption provided in subsection 2 do not extend to any of the following:   a. The donation, acceptance, distribution, or dispensing of a donated prescription drug under this chapter by a person if the persons acts or omissions are not performed reasonably and in good faith.   b. To acts or omissions outside the scope of the program.  2005 Acts, ch 97, 5; 2009 Acts, ch 127, 4 
135M.6 Sample prescription drugs.   This chapter shall not be construed to restrict the use of samples by a physician or other person legally authorized to prescribe drugs under state and federal law during the course of the physicians or other persons duties at a medical facility or pharmacy.  2005 Acts, ch 97, 6; 2005 Acts, ch 179, 119 
135M.7 Resale prohibited.   This chapter shall not be construed to authorize the resale of prescription drugs by any person.  2005 Acts, ch 97, 7 
135N.1 Direct primary care agreements.   1. Definitions. For the purpose of this section:   a. Direct patient means an individual, or an individual and the individuals immediate family, that is party to a direct primary care agreement.   b. Direct patients representative means a parent, guardian, or an individual holding a durable power of attorney for health care for a direct patient.   c. Direct primary care agreement means an agreement between a direct provider and a direct patient, or the direct patients representative, in which the direct provider agrees to provide primary care health services for a specified period of time to the direct patient for a direct service charge.   d. Direct provider means a health care professional licensed, accredited, registered, or certified to perform specified primary care health services consistent with the law of this state. Direct provider includes an individual health care professional or other legal health care entity alone or with other health care professionals professionally associated with the individual health care professional or other legal health care entity.   e. Direct service charge means a charge for primary care health services provided by a direct provider to a direct patient covered by a direct primary care agreement. Direct service charge may include a periodic retainer, a membership fee, a subscription fee, or a charge in any other form paid by a direct patient to a direct provider under a direct primary care agreement.   f. Durable power of attorney for health care means the same as defined in section 144B.1.   g. Primary care health services means general health care services of the type provided at the time a patient seeks preventive care or first seeks health care services for a specific health concern. Primary care health services include all of the following:   (1) Care which promotes and maintains mental and physical health and wellness.   (2) Care which prevents disease.   (3) Screening, diagnosing, and treatment of acute or chronic conditions caused by disease, injury, or illness.   (4) Patient counseling and education.   (5) Provision of a broad spectrum of preventive and curative health care over a period of time.   (6) Coordination of care.   2. Requirements for a valid direct primary care agreement.   a. In order to be a valid agreement, a direct primary care agreement must meet all of the following requirements:   (1) Be in writing.   (2) Be signed by the direct provider, or an agent of the direct provider, and the direct patient or the direct patients representative.   (3) Describe the scope of the primary care health services covered by the direct primary care agreement.   (4) State each of the direct providers locations where a direct patient may obtain primary care health services and specify any out-of-office primary care health services that are covered under the direct primary care agreement.   (5) Specify the direct service charge and the frequency at which the direct service charge must be paid by the direct patient. A direct patient shall not be required to pay more than twelve months of a direct service charge in advance.   (6) Specify any additional costs for primary care health services not covered by the direct service charge for which the direct patient will be responsible.   (7) Specify the duration of the direct primary care agreement, whether renewal is automatic, and if required the procedure for renewal of the direct primary care agreement.   (8) Specify the terms and conditions under which the direct primary care agreement may be terminated by the direct provider. A termination of the direct primary care agreement by the direct provider shall include a minimum of a thirty-calendar-day advance, written notice to the direct patient or to the direct patients representative.   (9) Specify that the direct primary care agreement may be terminated at any time by the direct patient upon written notice to the direct provider.   (10) State that if the direct primary care agreement is terminated by either the direct patient or the direct provider all of the following apply:   (a) Within thirty calendar days of the date of the notice of termination from either party, the direct provider shall refund all unearned direct service charges to the direct patient.   (b) Within thirty calendar days of the date of the notice of termination from either party, the direct patient shall pay all outstanding earned direct service charges to the direct provider.   (11) Include a notice in bold, twelve-point font that states substantially as follows:   NOTICE. This direct primary care agreement is not health insurance and is not a plan that provides health coverage for purposes of any federal mandates. This direct primary care agreement only covers the primary care health services described in this agreement. It is recommended that you obtain health insurance to cover health care services not covered under this direct primary care agreement. You are personally responsible for the payment of any additional health care expenses you may incur.   b. The direct provider shall provide the direct patient, or the direct patients representative, with a fully executed copy of the direct primary care agreement at the time the direct primary care agreement is executed.   3. Application for a direct primary care agreement. If a direct provider requires a prospective direct patient to complete an application for a direct primary care agreement, the direct provider shall provide a written disclaimer on each application that informs the prospective direct patient of the direct patients financial rights and responsibilities and that states that the direct provider will not bill a health insurance carrier for primary care health services covered under the direct primary care agreement. The disclaimer shall also include the identical notice required by subsection 2, paragraph a, subparagraph (11).   4. Notice required for changes to the terms or conditions of a direct primary care agreement.   a. A direct provider shall provide at least a sixty-calendar-day advance, written notice to a direct patient of any of the following changes to a direct primary care agreement:   (1) Any change in the scope of the primary care health services covered under the agreement.   (2) Any change in the direct providers locations where the direct patient may access primary care health services.   (3) Any change in the out-of-office services that are covered under the direct primary care service agreement.   (4) Any change in the direct service charge.   (5) Any change in the additional costs for primary care health services not covered by the direct service charge.   (6) Any change in the renewal terms.   (7) Any change in the terms to terminate the agreement.   b. A direct provider shall provide the notice by mailing a letter to the address of the direct patient that the direct provider has on file. The postmark date on the letter shall be the first day of the required sixty-calendar-day notice period.   5. Discrimination based on an individuals health status. A direct provider shall not refuse to accept a new direct patient or discontinue care of an existing direct patient based solely on the new direct patients or the existing direct patients health status.   6. A direct primary care agreement is not insurance.   a. A direct primary care agreement is not insurance and shall not be subject to the authority of the commissioner of insurance. Neither a direct care provider, nor an agent of a direct care provider, shall be required to be licensed by the commissioner to transact the business of insurance in this state or to obtain a certificate issued by the commissioner to market or offer a direct primary care agreement.   b. A direct provider shall not bill an insurer for a service provided under a direct primary care agreement. A direct patient may submit a request for reimbursement to an insurer if permitted under the direct patients policy of insurance. This paragraph does not prohibit a direct provider from billing a direct patients insurance for a service provided to the direct patient by the direct provider that is not provided under the direct primary care agreement.   7. Third-party payment of a direct service charge. A direct provider may accept payment of a direct service charge for a direct patient either directly or indirectly from a third party. A direct provider may accept all or part of a direct service charge paid by an employer on behalf of an employee who is a direct patient of the direct provider. A direct provider shall not enter directly into an agreement with an employer relating to a direct primary care agreement between the direct provider and employees of the employer, other than an agreement to establish the timing and method of the payment of a direct service charge paid by the employer on behalf of the employee.   8. Sale or transfer of a direct primary care agreement. A direct primary care agreement shall not be sold or transferred by a direct care provider without the prior written consent of the direct patient who is a party to the direct primary care agreement. A direct patient shall not sell or transfer a direct primary care agreement to which the direct patient is a party.  2018 Acts, ch 1043, 1 
135O.1 Definitions.   For the purposes of this chapter unless the context otherwise requires:   1. Boarding home means a premises used by its owner or lessee for the purpose of letting rooms for rental to three or more persons not related within the third degree of consanguinity to the owner or lessee where supervision or assistance with activities of daily living is provided to such persons. A boarding home does not include a facility, home, or program otherwise subject to licensure or regulation by the department of human services, department of inspections and appeals, or department of public health.   2. Department means the department of inspections and appeals.   3. Premises means the same as defined in section 562A.6.  2009 Acts, ch 136, 3 
135O.2 Required registration and reporting  rules  penalty.   1. The owner or lessee of a boarding home in this state shall register with and submit occupancy reports to the department. The content of the required occupancy reports shall include but is not limited to the number of individuals living in the boarding home and the supervision or assistance with activities of daily living being provided to the individuals.   2. The department of inspections and appeals shall adopt rules to administer this chapter in consultation with the departments of human services and public safety.   3. a. The owner or lessee of a boarding home who fails to register with the department or to timely submit occupancy reports required by this section and rules adopted pursuant to this chapter is subject to a civil penalty of not more than five hundred dollars.   b. The department may reduce, alter, or waive a penalty under paragraph a upon the owners or lessees showing of good faith compliance with the departments request to immediately cease and desist from conduct in violation of this chapter.  2009 Acts, ch 136, 4 
135O.3 Response to allegations.   1. If the department or other state agency receives an allegation of a violation of this chapter by a boarding home or an allegation regarding the care or safety of an individual living in a boarding home, a coordinated, interagency approach shall be used to respond to the allegation.   2. a. The interagency approach may involve a multidisciplinary team consisting of employees of the department of inspections and appeals, the department of human services, the state fire marshal, and the division of criminal investigation of the department of public safety, or other local, state, and federal agencies.   b. The multidisciplinary team may consult with local, state, and federal law enforcement agencies, first responders, health and human services professionals, and governmental and nongovernmental advocacy organizations, and other appropriate persons.   3. The name of a person who files an allegation shall be kept confidential and shall not be subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than department employees or the members of a multidisciplinary team involved in the investigation of the allegation.   4. If the department or a multidisciplinary team has probable cause to believe that a boarding home is in violation of this chapter or licensing or other regulatory requirements of the department of human services, department of inspections and appeals, or department of public health, or that dependent adult abuse of any individual living in a boarding home has occurred, and upon producing proper identification, is denied entry to the boarding home or access to any individual living in the boarding home for the purpose of making an inspection or conducting an investigation, the department or multidisciplinary team may, with the assistance of the county attorney of the county in which the boarding home is located, apply to the district court for an order requiring the owner or lessee to permit entry to the boarding home and access to the individuals living in the boarding home.  2009 Acts, ch 136, 5 
135O.4 Public disclosure of findings.   Following an inspection or investigation of a boarding home under this chapter by the department or a multidisciplinary team, the final findings with respect to compliance by the boarding home shall be made available to the public. Other information relating to a boarding home obtained by the department or a multidisciplinary team which does not constitute the findings from an inspection or investigation of the boarding home shall not be made available to the public except in proceedings involving the denial, suspension, or revocation of a boarding home registration under this chapter. The information made available to the public pursuant to this section shall not include information which is kept confidential under section 22.7.  2009 Acts, ch 136, 6 
135P.1 Definitions.   For the purposes of this chapter, unless the context otherwise requires:   1. Adverse health care incident means an objective and definable outcome arising from or related to patient care that results in the death or physical injury of a patient.   2. Health care provider means a physician or osteopathic physician licensed under chapter 148, a physician assistant licensed and practicing under a supervising physician pursuant to chapter 148C, a podiatrist licensed under chapter 149, a chiropractor licensed under chapter 151, a licensed practical nurse, a registered nurse, or an advanced registered nurse practitioner licensed under chapter 152 or 152E, a dentist licensed under chapter 153, an optometrist licensed under chapter 154, a pharmacist licensed under chapter 155A, or any other person who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession.   3. Health facility means an institutional health facility as defined in section 135.61, a hospice licensed under chapter 135J, a home health agency as defined in section 144D.1, an assisted living program certified under chapter 231C, a clinic, a community health center, or the university of Iowa hospitals and clinics, and includes any corporation, professional corporation, partnership, limited liability company, limited liability partnership, or other entity comprised of such health facilities.   4. Open discussion means all communications that are made under section 135P.3, and includes all memoranda, work products, documents, and other materials that are prepared for or submitted in the course of or in connection with communications under section 135P.3.   5. Patient means a person who receives medical care from a health care provider, or if the person is a minor, deceased, or incapacitated, the persons legal representative.  2015 Acts, ch 33, 1; 2017 Acts, ch 107, 1, 5; 2020 Acts, ch 1045, 7  Referred to in 147.136A  2017 amendment to subsections 1 and 2 applies to causes of action that accrue on or after July 1, 2017;  2017 Acts, ch 107, 5 
135P.2 Confidentiality of open discussions.   1. Open discussion communications and offers of compensation made under section 135P.3:   a. Do not constitute an admission of liability.   b. Are privileged, confidential, and shall not be disclosed.   c. Are not admissible as evidence in any subsequent judicial, administrative, or arbitration proceeding and are not subject to discovery, subpoena, or other means of legal compulsion for release and shall not be disclosed by any party in any subsequent judicial, administrative, or arbitration proceeding.   2. Communications, memoranda, work products, documents, and other materials, otherwise subject to discovery, that were not prepared specifically for use in a discussion under section 135P.3, are not confidential.   3. The limitation on disclosure imposed by this section includes disclosure during any discovery conducted as part of a subsequent adjudicatory proceeding, and a court or other adjudicatory body shall not compel any person who engages in an open discussion under this chapter to disclose confidential communications or agreements made under section 135P.3.   4. This section does not affect any other law, regulation, or requirement with respect to confidentiality.  2015 Acts, ch 33, 2 
135P.3 Engaging in an open discussion.   1. If an adverse health care incident occurs in a health facility, the health care provider, the health facility, or the health care provider jointly with the health facility, may provide the patient with written notice of the desire of the health care provider, the health facility, or of the health care provider jointly with the health facility, to enter into an open discussion under this chapter. A health facility may designate a person or class of persons who have authority to provide such notice on behalf of the facility. If the health care provider or health facility provides such notice, such notice must be sent within one year after the date on which the health care provider knew, or through the use of diligence should have known, of the adverse health care incident. The notice must include all of the following:   a. Notice of the desire of the health care provider, or of the health care provider jointly with the health facility, to proceed with an open discussion under this chapter.   b. Notice of the patients right to receive a copy of the medical records related to the adverse health care incident and of the patients right to authorize the release of the patients medical records related to the adverse health care incident to any third party.   c. Notice of the patients right to seek legal counsel.   d. A copy of section 614.1, subsection 9, and notice that the time for a patient to bring a lawsuit is limited under section 614.1, subsection 9, and will not be extended by engaging in an open discussion under this chapter unless all parties agree to an extension in writing.   e. Notice that if the patient chooses to engage in an open discussion with the health care provider or health facility, that all communications made in the course of such a discussion under this chapter, including communications regarding the initiation of an open discussion, are privileged and confidential, are not subject to discovery, subpoena, or other means of legal compulsion for release, and are not admissible in evidence in a judicial, administrative, or arbitration proceeding.   2. If the patient agrees in writing to engage in an open discussion, the patient, health care provider, or health facility engaged in an open discussion under this chapter may include other persons in the open discussion. All additional parties shall also be advised in writing prior to the discussion that discussions are privileged and confidential, are not subject to discovery, subpoena, or other means of legal compulsion for release, and are not admissible in evidence in a judicial, administrative, or arbitration proceeding. The advice in writing must indicate that communications, memoranda, work products, documents, and other materials, otherwise subject to discovery, that were not prepared specifically for use in a discussion under this section, are not confidential.   3. The health care provider or health facility that agrees to engage in an open discussion may do all of the following:   a. Investigate how the adverse health care incident occurred and gather information regarding the medical care or treatment provided.   b. Disclose the results of the investigation to the patient.   c. Openly communicate to the patient the steps the health care provider or health facility will take to prevent future occurrences of the adverse health care incident.   d. Determine either of the following:   (1) That no offer of compensation for the adverse health care incident is warranted and orally communicate that determination to the patient.   (2) That an offer of compensation for the adverse health care incident is warranted and extend such an offer in writing to the patient.   4. If a health care provider or health facility makes an offer of compensation under subsection 3 and the patient is not represented by legal counsel, the health care provider or health facility shall advise the patient of the patients right to seek legal counsel regarding the offer of compensation.   5. Except for offers of compensation under subsection 3, discussions between the health care provider or health facility and the patient about the compensation offered under subsection 3 shall remain oral.  2015 Acts, ch 33, 3; 2020 Acts, ch 1045, 8; 2021 Acts, ch 80, 70  Referred to in 135P.1, 135P.2, 135P.4  Subsection 1, unnumbered paragraph 1 amended 
135P.4 Payment and resolution.   1. A payment made to a patient pursuant to section 135P.3 is not a payment resulting from any of the following:   a. A written claim or demand for payment.   b. A claim for purposes of section 272C.9.   c. A claim for purposes of section 505.27.   2. A health care provider or health facility may require the patient, as a condition of an offer of compensation under section 135P.3, to execute all documents and obtain any necessary court approval to resolve an adverse health care incident. The parties shall negotiate the form of such documents or obtain court approval as necessary.  2015 Acts, ch 33, 4 
136.1 Composition of board.   1. The state board of health shall consist of the following members:   a. Two members learned in health-related disciplines.   b. Three members who have direct experience with public health.   c. Two members who have direct experience with substance abuse treatment or prevention.   d. Four members representing the general public.   2. At least one of such members shall be licensed in the practice of medicine and surgery or osteopathic medicine and surgery under chapter 148.  [S13, 2564-a; C24, 27, 31, 35, 39, 2218; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 136.1]  86 Acts, ch 1245, 1119; 2005 Acts, ch 175, 78; 2010 Acts, ch 1090, 1; 2011 Acts, ch 25, 17 
136.10 Publication of proceedings.   Upon request of the board the department shall incorporate the proceedings of the board, or any part of the proceedings, in its annual report to the governor, and those proceedings shall then be published as a part of the official report of the department.  [C24, 27, 31, 35, 39, 2227; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 136.10]  91 Acts, ch 258, 30 
136.2 Appointment.   1. All members of the state board of health shall be appointed by the governor to three-year staggered terms which shall expire on June 30.   2. Each year, the governor shall appoint successors to the board members whose terms expire that year. A vacancy occurring on the board shall be filled by the governor for the unexpired term of the vacancy.  [C24, 27, 31, 35, 39, 2219; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 136.2]  89 Acts, ch 83, 27; 2018 Acts, ch 1026, 50 
136.3 Duties.   The state board of health shall provide a forum for the development of public health policy in the state of Iowa and shall have the following powers and duties:   1. Consider and study legislation and administration concerning public health.   2. Advise the department on any issue related to the promotion and protection of the health of Iowans including but not limited to:   a. Prevention of epidemics and the spread of disease, including communicable and infectious diseases such as zoonotic diseases, quarantine and isolation, sexually transmitted diseases, and antitoxins and vaccines.   b. Protection against environmental hazards.   c. Prevention of injuries.   d. Promotion of healthy behaviors.   e. Preparing for, responding to, and recovering from public health emergencies and disasters.   3. Establish policies governing the performance of the department in the discharge of any duties imposed on it by law.   4. Provide guidance to the director in the discharge of the directors duties.   5. Assure that the department complies with Iowa Code and administrative rules. For this purpose the board shall have access at any time to all documents and records of the department.   6. Assure that the department prepares and distributes an annual report.   7. Advise or make recommendations to the director of public health, governor, and general assembly relative to public health and advocate for the importance of public health standards for state and local public health.   8. Offer consultation to the governor in the appointment of the director of the department.   9. Adopt, promulgate, amend, and repeal rules and regulations consistent with law for the protection of the public health and prevention of substance abuse, and for the guidance of the department. All rules adopted by the department are subject to approval by the board.   10. Act by committee, or by a majority of the board.   11. Keep minutes of the transactions of each session, regular or special, which shall be public records and filed with the department.   12. Perform those duties authorized pursuant to chapter 125. The board may appoint a substance abuse and gambling treatment program committee to approve or deny applications for licensure received from substance abuse programs pursuant to chapter 125 and gambling treatment programs pursuant to chapter 135 and to perform any other function authorized by chapter 125 or 135 and delegated to the committee.  [C97, 2565; C24, 27, 31, 35, 39, 2220; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 136.3]  86 Acts, ch 1245, 1120; 2001 Acts, ch 184, 8; 2002 Acts, ch 1050, 19; 2005 Acts, ch 175, 79, 80; 2008 Acts, ch 1188, 27, 47, 53, 66; 2010 Acts, ch 1090, 2; 2011 Acts, ch 129, 80, 82; 2016 Acts, ch 1026, 7, 8; 2017 Acts, ch 148, 27, 28 
136.4 Questions submitted.   The department may lay before the board, or any committee thereof, at any regular or special meeting, any matter upon which it desires the advice or opinion of such body or committee.  [C24, 27, 31, 35, 39, 2221; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 136.4] 
136.5 Meetings.   The board shall meet at least six times per year and as may be deemed necessary by the chairperson of the board or the director of the department. The department shall give each board member adequate notice of all meetings. A majority of the members of the board shall constitute a quorum.  [C97, 2564; S13, 2564; C24, 27, 31, 35, 39, 2222; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 136.5]  2010 Acts, ch 1090, 3 
136.7 Chairperson  staff assistance.   The board shall annually in July elect a chairperson, who shall serve for a period of one year. The department shall furnish staff from the regular employees of the department to record the minutes of the meetings of the board.  [C97, 2564; S13, 2564; C24, 27, 31, 35, 39, 2224; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 136.7]  2010 Acts, ch 1090, 4 
136.8 Supplies.   The department shall furnish the board of health with all articles and supplies necessary to enable the board to perform the duties imposed upon it by law. Such articles and supplies shall be obtained by the department in the same manner in which the regular supplies for the department are obtained and the same shall be considered and accounted for as if obtained for the use of the department.  [S13, 2564; C24, 27, 31, 35, 39, 2225; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 136.8]  2010 Acts, ch 1090, 5 
136.9 Compensation and expenses.   The members of the board shall be reimbursed for actual expenses for each day employed in the discharge of their duties. All expense moneys paid to the members shall be paid from funds appropriated to the state department of public health. Each member of the board may also be eligible to receive compensation as provided in section 7E.6.  [C97, 2574; S13, 2564, 2574; C24, 27, 31, 35, 39, 2226; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 136.9]  86 Acts, ch 1245, 1121 
136A.1 Purpose.   To reduce and avoid adverse health conditions of inhabitants of the state, the Iowa department of public health shall initiate, conduct, and supervise screening and health care programs in order to detect and predict congenital or inherited disorders. The department shall assist in the translation and integration of genetic and genomic advances into public health services to improve health outcomes throughout the life span of the inhabitants of the state.  2004 Acts, ch 1031, 2, 12 
136A.2 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Attending health care provider means a licensed physician, nurse practitioner, certified nurse midwife, or physician assistant.   2. Congenital disorder means an abnormality existing prior to or at birth, including a stillbirth, that adversely affects the health and development of a fetus, newborn, child, or adult, including a structural malformation or a genetic, chromosomal, inherited, or biochemical disorder.   3. Department means the Iowa department of public health.   4. Disorder means a congenital or inherited disorder.   5. Genetics means the study of inheritance and how genes contribute to health conditions and the potential for disease.   6. Genomics means the functions and interactions of all human genes and their variation within human populations, including their interaction with environmental factors, and their contribution to health.   7. Inherited disorder means a condition caused by an abnormal change in a gene or genes passed from a parent or parents to their child. Onset of the disorder may be prior to or at birth, during childhood, or in adulthood.   8. Stillbirth means an unintended fetal death occurring after a gestation period of twenty completed weeks, or an unintended fetal death of a fetus with a weight of three hundred fifty or more grams.  2004 Acts, ch 1031, 3, 12  Referred to in 144.31A 
136A.3 Establishment of center for congenital and inherited disorders  duties.   A center for congenital and inherited disorders is established within the department. The center shall do all of the following:   1. Initiate, conduct, and supervise statewide screening programs for congenital and inherited disorders amenable to population screening.   2. Initiate, conduct, and supervise statewide health care programs to aid in the early detection, treatment, prevention, education, and provision of supportive care related to congenital and inherited disorders.   3. Develop specifications for and designate a central laboratory in which tests conducted pursuant to the screening programs provided for in subsection 1 will be performed.   4. Gather, evaluate, and maintain information related to causes, severity, prevention, and methods of treatment for congenital and inherited disorders in conjunction with a central registry, screening programs, genetic health care programs, and ongoing scientific investigations and surveys.   5. Perform surveillance and monitoring of congenital and inherited disorders to determine the occurrence and trends of the disorders, to conduct thorough and complete epidemiological surveys, to assist in the planning for and provision of services to children with congenital and inherited disorders and their families, and to identify environmental and genetic risk factors for congenital and inherited disorders.   6. Provide information related to severity, causes, prevention, and methods of treatment for congenital and inherited disorders to the public, medical and scientific communities, and health science disciplines.   7. Implement public education programs, continuing education programs for health practitioners, and education programs for trainees of the health science disciplines related to genetics, congenital disorders, and inheritable disorders.   8. Participate in policy development to assure the appropriate use and confidentiality of genetic information and technologies to improve health and prevent disease.   9. Collaborate with state and local health agencies and other public and private organizations to provide education, intervention, and treatment for congenital and inherited disorders and to integrate genetics and genomics advances into public health activities and policies.  2004 Acts, ch 1031, 4, 12  Referred to in 136A.5B 
136A.4 Genetic health services.   The center may initiate, conduct, and supervise genetic health services for the inhabitants of the state, including the provision of regional genetic consultation clinics, comprehensive neuromuscular health care outreach clinics, and other outreach services and clinics as established by rule.  2004 Acts, ch 1031, 5, 12 
136A.5 Newborn metabolic screening.   1. All newborns born in this state shall be screened for congenital and inherited disorders in accordance with rules adopted by the department.   2. An attending health care provider shall ensure that every newborn under the providers care is screened for congenital and inherited disorders in accordance with rules adopted by the department.   3. This section does not apply if a parent objects to the screening. If a parent objects to the screening of a newborn, the attending health care provider shall document the refusal in the newborns medical record and shall obtain a written refusal from the parent and report the refusal to the department as provided by rule of the department.  2004 Acts, ch 1031, 6, 12; 2005 Acts, ch 19, 33  Referred to in 136A.5A 
136A.5A Newborn critical congenital heart disease screening.   1. Each newborn born in this state shall receive a critical congenital heart disease screening by pulse oximetry or other means as determined by rule, in conjunction with the metabolic screening required pursuant to section 136A.5.   2. An attending health care provider shall ensure that every newborn under the providers care receives the critical congenital heart disease screening.   3. This section does not apply if a parent objects to the screening. If a parent objects to the screening of a newborn, the attending health care provider shall document the refusal in the newborns medical record and shall obtain a written refusal from the parent and report the refusal to the department.   4. Notwithstanding any provision to the contrary, the results of each newborns critical congenital heart disease screening shall only be reported in a manner consistent with the reporting of the results of metabolic screenings pursuant to section 136A.5 if funding is available for implementation of the reporting requirement.   5. This section shall be administered in accordance with rules adopted pursuant to section 136A.8.  2013 Acts, ch 140, 91 
136A.5B Cytomegalovirus public health initiative.   1. In accordance with the duties prescribed in section 136A.3, the center for congenital and inherited disorders shall collaborate with state and local health agencies and other public and private organizations to develop and publish or approve and publish informational materials to educate and raise awareness of cytomegalovirus and congenital cytomegalovirus among women who may become pregnant, expectant parents, parents of infants, attending health care providers, and others, as appropriate. The materials shall include information regarding all of the following:   a. The incidence of cytomegalovirus and congenital cytomegalovirus.   b. The transmission of cytomegalovirus to a pregnant woman or a woman who may become pregnant.   c. Birth defects caused by congenital cytomegalovirus.   d. Methods of diagnosing congenital cytomegalovirus.   e. Available preventive measures to avoid cytomegalovirus infection by women who are pregnant or who may become pregnant.   f. Early interventions, treatment, and services available for children diagnosed with congenital cytomegalovirus.   2. An attending health care provider shall provide to a pregnant woman during the first trimester of the pregnancy the informational materials published under this section. The center for congenital and inherited disorders shall make the informational materials available to attending health care providers upon request.   3. The department shall publish the informational materials on its internet site and shall specifically make the informational materials available electronically to child care facilities and child care homes as defined in section 237A.1, school nurses, hospitals, attending health care providers, and other health care providers offering care to pregnant women and infants.  2017 Acts, ch 77, 1; 2018 Acts, ch 1026, 51 
136A.6 Central registry.   The center for congenital and inherited disorders shall maintain a central registry, or shall establish an agreement with a designated contractor to maintain a central registry, to compile, evaluate, retain, and disseminate information on the occurrence, prevalence, causes, treatment, and prevention of congenital disorders. Congenital disorders shall be considered reportable conditions in accordance with rules adopted by the department and shall be abstracted and maintained by the registry.  2004 Acts, ch 1031, 7, 12  Referred to in 144.13A 
136A.7 Confidentiality.   The center for congenital and inherited disorders and the department shall maintain the confidentiality of any identifying information collected, used, or maintained pursuant to this chapter in accordance with section 22.7, subsection 2.  2004 Acts, ch 1031, 8, 12 
136A.8 Rules.   The center for congenital and inherited disorders, with assistance provided by the Iowa department of public health, shall adopt rules pursuant to chapter 17A to administer this chapter.  2004 Acts, ch 1031, 9, 12  Referred to in 136A.5A 
136A.9 Cooperation of other agencies.   All state, district, county, and city health or welfare agencies shall cooperate and participate in the administration of this chapter.  2004 Acts, ch 1031, 10, 12 
136B.1 Radon testing and abatement program.   1. As used in this chapter, unless the context otherwise requires, department means the Iowa department of public health.   2. The department shall establish programs and adopt rules for the certification of persons who test for the presence of radon gas and radon progeny in buildings, the credentialing of persons abating the level of radon in buildings, and standards for radon abatement systems.   3. Following the establishment of the certification and credentialing programs by the department, a person who is not certified, as appropriate, shall not test for the presence of radon gas and radon progeny, and a person who is not credentialed, as required, shall not perform abatement measures. This section does not apply to a person performing the testing or abatement on a building which the person owns, or to a person performing testing or abatement without compensation.   4. For the purposes of this section, radon abatement systems shall be classified as mechanical ventilation systems.  88 Acts, ch 1237, 1; 89 Acts, ch 224, 1; 2004 Acts, ch 1168, 4  Referred to in 136B.2, 136B.3, 136B.4 
136B.2 Radon testing information  disclosure.   1. a. A person certified or credentialed pursuant to section 136B.1 shall, within thirty days of the provision of any radon testing services or abatement measures or at the request of the department prior to testing or abatement, disclose to the department the address or location of the building, the name of the owner of the building where the services or measures were or will be provided, and the results of any tests or abatement measures performed.   b. A person shall not disclose to any other person, except to the department, the results of a test or the address or the name of the owner of a nonpublic building that the person tested for the presence of radon gas and radon progeny, unless the owner of the building waives, in writing, this right of confidentiality. However, a person certified or credentialed pursuant to section 136B.1 may disclose the results of a test performed by the person for the presence of radon and radon progeny to a potential buyer of a nonpublic building when an offer to purchase has been presented by the buyer and if the potential buyer paid for the testing. Any test results disclosed shall be results of a test performed within the five years prior to the date of the disclosure.   2. a. Notwithstanding the requirements of this section, disclosure to any person of the results of a test performed on a nonpublic building for the presence of radon gas and radon progeny is not required if the results do not exceed the currently established United States environmental protection agency action guidelines, except as required during a real estate transaction pursuant to section 558A.4, subsection 2.   b. A person who tests a nonpublic building which the person owns is not required to disclose to any person the results of a test for the presence of radon gas or progeny if the test is performed by the person who owns the nonpublic building, except as required during a real estate transaction pursuant to section 558A.4, subsection 2.  88 Acts, ch 1237, 2; 89 Acts, ch 224, 2; 2009 Acts, ch 41, 48; 2015 Acts, ch 20, 1, 2 
136B.3 Testing and reporting of radon level.   The department or its duly authorized agents shall from time to time perform inspections and testing of the premises of a property to determine the level at which it is contaminated with radon gas or radon progeny as a spot-check of the validity of measurements or the adequacy of abatement measures performed by persons certified or credentialed under section 136B.1. Following testing the department shall provide the owner of the property with a written report of its results including the concentration of radon gas or radon progeny contamination present, an interpretation of the results, and recommendation of appropriate action. A person certified or credentialed under section 136B.1 shall also be advised of the departments results, discrepancies revealed by the spot-check, actions required of the person, and actions the department intends to take with respect to the persons continued certification or credentialing.  88 Acts, ch 1237, 3; 89 Acts, ch 224, 3; 2004 Acts, ch 1168, 5  Referred to in 136B.4 
136B.4 Fees  rules.   1. The department shall establish a fee schedule to defray the costs of the certification and credentialing programs established pursuant to section 136B.1 and the testing conducted and the written reports provided pursuant to section 136B.3.   2. The department shall adopt rules, pursuant to chapter 17A, to implement this chapter.  88 Acts, ch 1237, 4; 89 Acts, ch 224, 4; 2021 Acts, ch 76, 150  Code editor directive applied 
136B.5 Penalty for violation.   A person who violates a provision of this chapter is guilty of a serious misdemeanor.  88 Acts, ch 1237, 5; 99 Acts, ch 96, 12 
136C.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Decommissioning means final operational activities at a site to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for postoperational care.   2. Department means the Iowa department of public health.   3. Director means the director of public health or the directors designee.   4. Licensed professional means a person licensed or otherwise authorized by law to practice medicine, osteopathic medicine, podiatry, chiropractic, dentistry, dental hygiene, or veterinary medicine.   5. Radiation means energy forms capable of causing ionization including alpha particles, beta particles, gamma rays, X rays, neutrons, high-speed protons, and other atomic particles, but does not include sound or radio waves, or visible light, or infrared or ultraviolet light.   6. Radiation machine means a device capable of producing radiation except those that produce radiation solely from radioactive material.   7. Radioactive material means a solid, liquid, or gaseous material that emits radiation spontaneously including accelerator-produced and naturally occurring material, and byproduct, source, and special nuclear material as defined in the Atomic Energy Act of 1954 as amended to July 1, 1984.  [C79, 81, 136C.1]  84 Acts, ch 1286, 10; 2009 Acts, ch 133, 37  Referred to in 455B.315 
136C.10 Fees.   1. a. The department shall establish and collect fees for the licensing and amendment of licenses for radioactive materials, the registration of radiation machines, the periodic inspection of radiation machines and radioactive materials, and the implementation of section 136C.3, subsection 2. Fees shall be in amounts sufficient to defray the cost of administering this chapter. The license fee may include the cost of environmental surveillance activities to assess the radiological impact of activities conducted by licensees.   b. When a registrant or licensee fails to pay the applicable fee the department may suspend or revoke the registration or license or may issue an appropriate order. Fees for the license, amendment of a license, and inspection of radioactive material shall not exceed the fees prescribed by the United States nuclear regulatory commission.   2. The department may establish and collect a fee related to transporting radioactive material if the fee is used for a purpose related to transporting radioactive material, including enforcement and planning, developing, and maintaining a capability for emergency response. The fees shall be established by rules adopted pursuant to chapter 17A.   3. The department may establish and collect fees from persons providing mammography services to assure compliance with applicable rules and the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, as amended. Fees shall be in an amount determined by the department by rule and all fees collected shall be used to support the departments mammography program.   4. Fees collected pursuant to this section shall be retained by the department, shall be considered repayment receipts as defined in section 8.2, and shall be used for the purposes described in this section, including but not limited to the addition of full-time equivalent positions for program services and investigations. Notwithstanding section 8.33, moneys retained by the department pursuant to this subsection are not subject to reversion to the general fund of the state.  84 Acts, ch 1286, 5; 86 Acts, ch 1217, 2; 2004 Acts, ch 1167, 3; 2005 Acts, ch 175, 81; 2006 Acts, ch 1155, 1, 15  Referred to in 136C.15 
136C.11 Federal-state agreements.   1. The governor, on behalf of the state, may enter into an agreement with the United States nuclear regulatory commission pursuant to section 274b of the Atomic Energy Act of 1954, as amended to July 1, 1984, providing for the discontinuation of certain federal licensing and related regulatory authority over byproduct, source, and special nuclear material and the assumption of regulatory authority over these materials by the state.   2. A person who, on the effective date of an agreement made under subsection 1, possesses a license issued by the United States nuclear regulatory commission for radioactive material that comes under the agreement is considered to possess the license required under this chapter. The license shall expire either ninety days after receipt from the department of a notice of expiration of the license, or on the date of expiration specified in the license issued by the nuclear regulatory commission, whichever is earlier.  84 Acts, ch 1286, 6 
136C.12 Conflicting laws.   This chapter does not preempt ordinances, resolutions, or rules of a local government or of a state agency relating to radioactive material that are consistent with this chapter. This chapter does not give the department the authority to regulate a facility for the disposal of low-level radioactive waste as defined in article II of section 457B.1.  84 Acts, ch 1286, 7 
136C.13 Emergencies.   If the department finds that an emergency exists involving radioactive material or radiation machines that requires immediate action to protect the public health and safety, the department may, without notice or hearing, issue an order stating that an emergency exists and requiring that action be taken as necessary to meet the emergency. An emergency order shall be effective immediately. A person to whom the order is directed shall comply with the order immediately, but on application to the department shall be afforded a hearing within ten days of the date application is made. The emergency order may be continued, modified, or revoked within thirty days after the hearing, based on the evidence presented at the hearing.  84 Acts, ch 1286, 8 
136C.14 Qualified operators  credentials available upon request.   1. A person, other than a licensed professional, shall not operate a radiation machine or use radioactive materials for medical treatment or diagnostic purposes unless that person has completed a course of instruction approved by the department or has otherwise met the minimum training requirement established by the department.   2. A person, other than a licensed professional, who operates a radiation machine or uses radioactive materials for medical treatment or diagnostic purposes shall make available upon request the credentials which indicate that persons qualification to operate the machine or use the materials. A person who owns or controls the machine or materials shall not employ a person to operate the machine or use the materials for medical treatment or diagnostic purposes except as provided in this section.  84 Acts, ch 1286, 9; 85 Acts, ch 195, 17; 2012 Acts, ch 1113, 27 
136C.15 Radiation machines used for mammography  registration standards and requirements  application for authority  inspection.   1. A person shall not use a radiation machine to perform mammography unless the radiation machine is registered with the department pursuant to the departments rules and is specifically authorized for use for mammography as provided in this section.   2. The department shall authorize a radiation machine for use for mammography if the radiation machine meets all of the following:   a. The radiation machine meets the criteria for a mammography accreditation program approved by the United States food and drug administration. The department shall make copies of those criteria available to the public and may by rule adopt modified criteria. The department may accept an evaluation report issued by such an approved accreditation program as evidence that a radiation machine meets those criteria. If at any time the department determines that it will not accept any evaluation reports issued by such an approved accreditation program as evidence that a radiation machine meets those criteria, the department shall promptly notify each person who has registered a radiation machine under this paragraph.   b. The radiation machine, the film or other image receptor used in the radiation machine, and the facility where the radiation machine is used meet the requirements set forth in department rules for radiation machines.   c. The radiation machine is specifically designed to perform mammography.   d. The radiation machine is used in a facility that does all of the following:   (1) At least annually has a qualified radiation physicist provide on-site consultation to the facility, including, but not limited to, a complete evaluation of the entire mammography system to ensure compliance with this section and the rules adopted pursuant to this section.   (2) Maintains for at least seven years, records of the consultation required in subparagraph (1) and the findings of the consultation.   e. The radiation machine is used according to the department rules on patient radiation exposure and radiation dose levels.   f. The radiation machine is operated only by an individual who can demonstrate to the department that the individual is specifically trained in mammography and meets the standards established in this section, or an individual who is a physician or an osteopathic physician.   3. The department may issue a nonrenewable temporary authorization for a radiation machine for use for mammography if additional time is needed to allow submission of evidence satisfactory to the department that the radiation machine meets the standards set forth in subsection 2 for approval for mammography. A temporary authorization granted under this subsection shall be effective for no more than twelve months. The department may withdraw a temporary authorization prior to its expiration if the radiation machine does not meet one or more of the standards set forth in subsection 2.   4. To obtain authorization from the department to use a radiation machine for mammography, the person who owns or leases the radiation machine or an authorized agent of the person shall apply to the department for mammography authorization on an application form provided by the department and shall provide all of the information required by the department as specified on the application form. A person who owns or leases more than one radiation machine used for mammography shall obtain authorization for each radiation machine. The department shall process and respond to an application within thirty days after the date of receipt of the application. Upon determining to grant mammography authorization for a radiation machine, the department shall issue a certificate of registration specifying the mammography authorization. A mammography authorization is effective for three years.   5. The department shall annually inspect each authorized radiation machine and may inspect the radiation machine more frequently. The department shall make reasonable efforts to coordinate the inspections under this section with the departments other inspections of the facility in which the radiation machine is located.   6. After each satisfactory inspection by the department, the department shall issue a written proof of inspection or a similar document identifying the facility and radiation machine inspected and providing a record of the date the radiation machine was inspected.   7. The department may withdraw the mammography authorization for a radiation machine if it does not meet one or more of the standards set forth in subsection 2.   8. The department shall provide an opportunity for a hearing in connection with a denial or withdrawal of mammography authorization.   9. Upon a finding that a deficiency in a radiation machine used for mammography or a violation of this section or the rules adopted pursuant to this section seriously affects the health, safety, and welfare of individuals upon whom the radiation machine is used for mammography, the department may issue an emergency order summarily withdrawing the mammography authorization of the radiation machine. The department shall incorporate its findings in the order and shall provide an opportunity for a hearing within five working days after issuance of the order. The order shall be effective during the proceedings.   10. If the department withdraws the mammography authorization of a radiation machine, the radiation machine shall not be used for mammography. An application for reinstatement of a mammography authorization shall be filed and processed in the same manner as an application for mammography authorization under subsection 4, except that the department shall not issue a reinstated certificate of registration specifying the mammography authorization until the department inspects the radiation machine and determines that it meets the standards set forth in subsection 2. The department shall conduct an inspection required under this subsection no later than sixty days after receiving a proper application for reinstatement of a mammography authorization.   11. The department shall establish fees pursuant to section 136C.10 for the application for authorization and the inspection related to a radiation machine used for mammography.  92 Acts, ch 1054, 2; 93 Acts, ch 139, 4; 2008 Acts, ch 1058, 8, 9  Referred to in 136C.3 
136C.2 Applicability.   This chapter applies to radiation machines and radioactive material located in this state. The provisions of this chapter do not supersede or duplicate the authority and programs of any other agency of the state or the United States government. To avoid duplication and promote coordination of radiation protection activities, the department may enter into agreements pursuant to chapter 28E with other state and federal agencies, or with private organizations or individuals, to administer this chapter.  [C79, 81, 136C.2]  84 Acts, ch 1286, 11 
136C.3 Duties of department.   The department is designated the state radiation control agency and is responsible for regulating the installation and use of radiation machines and the use of radioactive materials in this state as provided in this chapter. The department shall:   1. Establish minimum criteria and safety standards for the installation, operation, and use of radiation machines and radioactive materials.   2. Establish minimum training standards including continuing education requirements, and administer examinations and disciplinary procedures for operators of radiation machines and users of radioactive materials. A state of Iowa license to practice medicine, osteopathic medicine, chiropractic, podiatry, dentistry, dental hygiene, or veterinary medicine, or licensure as a physician assistant pursuant to chapter 148C, or certification by the dental board in dental radiography, or by the board of podiatry in podiatric radiography, or enrollment in a program or course of study approved by the Iowa department of public health which includes the application of radiation to humans satisfies the minimum training standards for operation of radiation machines only.   3. Develop programs for evaluation and control of hazards associated with the use of sources of radiation with due regard for compatibility of a proposed program with federal programs regulating byproduct, source, and special nuclear materials and considering consistency of a proposed program with federal programs for regulation of radiation machines.   4. Adopt, publish, and amend rules in accordance with chapter 17A as necessary for the implementation and enforcement of this chapter. The rules may provide for the licensing and control of radioactive materials with due regard for compatibility with federal regulatory programs.   5. Issue orders as necessary in connection with licensing and registration of radiation machines and radioactive materials and the operators or users thereof.   6. Advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, political subdivisions, and other organizations concerned with control of sources of radiation.   7. Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of radiation.   8. Collect and disseminate information relating to control of sources of radiation. The department shall maintain the following information on file:   a. License applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations.   b. A list of persons possessing sources of radiation requiring registration under this chapter and any administrative or judicial action involving each person.   c. Departmental rules relating to regulation of sources of radiation, existing or pending, and related actions.   9. Adopt rules requiring the keeping of such records with respect to activities under licenses and registration certificates issued pursuant to this chapter as the department determines necessary to effect the purposes of this chapter.   10. a. Adopt rules specifying the minimum training and performance standards for an individual using a radiation machine for mammography, and other rules necessary to implement section 136C.15. The rules shall complement federal requirements applicable to similar radiation machinery and shall not be less stringent than those federal requirements.   b. (1) Adopt rules, in collaboration with appropriate stakeholders, to require that, by January 1, 2018, a facility at which mammography services are performed shall include information on breast density in mammogram reports sent to all mammography patients, pursuant to regulations implementing the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, as amended. The mammogram report shall include information on a patients breast density, as categorized by an interpreting physician at the facility based on standards as defined in nationally recognized guidelines or systems for breast imaging reporting of mammography screening, including the breast imaging reporting and data system of the American college of radiology. For patients categorized as having heterogeneously dense breasts or extremely dense breasts, or an equivalent determination by another nationally recognized density gradient system, the report to the patient shall include evidence-based information on dense breast tissue, the increased risk associated with dense breast tissue, and the effects of dense breast tissue on screening mammography.   (2) Nothing in this paragraph b shall be construed to modify the existing liability of a facility where mammography services are performed beyond the duty to provide the information set forth in this paragraph b. Notwithstanding any other provision of law to the contrary, this paragraph b shall not create a cause of action or create a standard of care, obligation, or duty that provides grounds for a cause of action.   (3) Nothing in this paragraph b shall be deemed to require a notice or the provision of information that is inconsistent with the provisions of the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, as amended, or any regulations promulgated pursuant to that Act.  [C79, 81, 136C.3]  84 Acts, ch 1286, 1; 86 Acts, ch 1217, 1; 88 Acts, ch 1225, 1; 90 Acts, ch 1233, 6; 92 Acts, ch 1054, 1; 92 Acts, ch 1163, 36; 99 Acts, ch 141, 12; 2007 Acts, ch 10, 23; 2007 Acts, ch 218, 195; 2009 Acts, ch 133, 38; 2010 Acts, ch 1031, 397; 2012 Acts, ch 1113, 25; 2017 Acts, ch 61, 1, 2  Referred to in 136C.5, 136C.10 
136C.4 Penalties.   1. It is unlawful to operate or use radiation machines or radioactive material in violation of this chapter or of any rule adopted pursuant to this chapter. Persons convicted of violating a provision of this chapter are guilty of a serious misdemeanor.   2. In addition to criminal penalties, the department may impose a civil penalty not to exceed one thousand dollars on a person who violates a provision of this chapter or a rule or order issued under this chapter, or a term, condition, or limitation of a license or registration certificate issued under this chapter, or who commits a violation for which a license or registration certificate may be revoked under rules issued pursuant to this chapter. Each day of continuing violation constitutes a separate offense in computing the civil penalty.   3. The department shall notify a person of the intent to impose a civil penalty against the person. The notice shall be by registered or certified mail to the persons last known address and shall state the date, facts, the nature of the act or omission leading to the charge, the specific statute, rule, or license or registration provision involved, and the amount of the penalty the department proposes to impose. The notice shall advise the person that upon failure to pay the civil penalty, the penalty may be collected by civil action. The person shall have the opportunity to respond in writing, within a reasonable time as the department shall establish by rule, why the civil penalty should not be imposed.   4. The department may compromise, mitigate, or remit a civil penalty imposed under this section. A person upon whom a civil penalty is imposed may appeal the action pursuant to chapter 17A. The department shall remit moneys collected from civil penalties to the treasurer of state who shall deposit the moneys in the general fund of the state.  [C79, 81, 136C.4]  84 Acts, ch 1286, 12; 2002 Acts, ch 1108, 10 
136C.5 Enforcement.   1. Upon determination by the department that this chapter or any rule adopted pursuant to this chapter has been or is being violated, the department may order that the radiation machine or radioactive material not be used until the necessary corrective action has been taken. If the use of the radiation machine or radioactive material continues in violation of the order of the department, the department may request the county attorney or the attorney general to make an application in the name of the state to the district court of the county in which the violations may have occurred for an order to enjoin the violations or practices.   2. The department may impound or order the impounding of radioactive material in the possession of a person who is not equipped to observe or fails to observe a provision of this chapter or of a rule adopted under this chapter.   3. The department may enter at reasonable times any private or public property to determine whether there is a violation of a provision of this chapter or of a rule issued under this chapter. However, the department must have the consent of the federal government before entering an area under the jurisdiction of the federal government.   4. The department may inspect records required to be kept under section 136C.3, subsection 9. Upon request of the department a person shall submit the records to the department for inspection.  [C79, 81, 136C.5]  84 Acts, ch 1286, 13  Referred to in 331.756(26) 
136C.7 Acceptance of funds.   The department may accept from any source loans, grants, gifts, or other funds to be used for programs authorized by this chapter.  84 Acts, ch 1286, 2 
136C.8 Inspections.   The department may inspect radiation machines and radioactive materials located in this state, for the purpose of detecting, abating, or eliminating excessive radiation exposure hazards. The inspection shall include but shall not be limited to an evaluation of the radiation machine or radioactive material as well as the immediate environment to ensure that in using the machines or materials all unnecessary hazards for patients, personnel, and other persons who may be exposed to radiation produced by the machine or materials are avoided. All defects and deficiencies noted by the inspector shall be fully disclosed and discussed with the responsible persons at the time of inspection. The department shall establish rules prescribing operating procedures for radiation machines and radioactive materials which ensure minimum radiation exposure to patients, personnel, and other persons in the immediate environment.  84 Acts, ch 1286, 3; 2012 Acts, ch 1113, 26 
136C.9 Registration and license requirements.   1. The department shall establish by rule a system for the registration of the possession of radiation machines and for the licensing of radioactive materials in the state. The rules may provide for the issuance of the following licenses:   a. General licenses which do not require the filing of an application or the issuance of a document but do permit designated persons to transfer, acquire, own, possess, or use quantities of or equipment using radioactive materials.   b. Specific licenses issued upon application to a person named in the license to use, manufacture, produce, transfer, receive, acquire, or possess quantities of or equipment using radioactive material. Applicants requesting radioactive materials in quantities of concern, as identified by the United States nuclear regulatory commission, shall submit fingerprints to the United States nuclear regulatory commission for a background check of all individuals authorized for unescorted access to such material.   2. The department may exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements when the department finds that the exemption of the source of radiation, use, or users will not pose a significant risk to the health and safety of the public. The rules may provide for recognition of other state or federal licenses as the department may allow, subject to registration requirements as the department may prescribe.   3. A person shall not use, manufacture, produce, distribute, sell, transport, transfer, install, repair, receive, acquire, own, or possess any radioactive material without a license from the department as provided in this chapter.  84 Acts, ch 1286, 4; 2008 Acts, ch 1058, 7 
136D.1 Short title.   This chapter may be cited as the Tanning Facility Regulation Act.  90 Acts, ch 1220, 1 
136D.2 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Department means the Iowa department of public health.   2. Director means the director of public health, or the directors designee.   3. Phototherapy device means a piece of equipment that emits ultraviolet radiation and that is used by a health care professional in the treatment of disease.   4. Tanning device means any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin, such as tanning booths or tanning beds.   5. Tanning facility means a location, place, area, structure, or business, or a part thereof, which provides access to a tanning device for compensation. Tanning facility may include but is not limited to a tanning salon, health club, apartment, and condominium.  90 Acts, ch 1220, 2; 2012 Acts, ch 1113, 28 
136D.3 Application of chapter.   1. This chapter does not apply to a phototherapy device used by or under the supervision of a licensed physician trained in the use of phototherapy devices. A tanning device used by a tanning facility must comply with all applicable federal laws and regulations.   2. This chapter shall not supersede or duplicate the authority and programs of any other agency of the state or the United States. To avoid duplication and promote coordination of radiation protection activities, the department may enter into written agreements with other state or federal agencies, with local boards of public health, or with private organizations or individuals, to administer this chapter.  90 Acts, ch 1220, 3; 2008 Acts, ch 1058, 10 
136D.4 Warning signs  written warning statements.   1. A tanning facility shall post the following warning signs that describe the hazards associated with the use of tanning devices:   a. A warning sign in a conspicuous location readily visible to persons entering the establishment. The signs shall comply with rules adopted by the department.   b. A warning sign for each tanning device, in a conspicuous location readily visible to a person preparing to use the device. The sign shall comply with rules adopted by the department.   2. A tanning facility shall provide each customer with a written warning statement that complies with rules adopted by the department.  90 Acts, ch 1220, 4 
136D.6 Permits.   1. A person shall not operate a tanning facility without a current and valid permit to operate the facility, issued by the department.   2. The permit shall be displayed in an open public area of the tanning facility.   3. Permits shall be renewed annually upon acceptance of an application provided by the department and upon receipt of a permit fee.   4. The department may revoke, cancel, or suspend a permit to operate a tanning facility based upon criteria adopted by rule of the department.  90 Acts, ch 1220, 5 
136D.7 Duties of the department.   The department shall do all of the following:   1. Establish requirements for the operation of tanning facilities, including but not limited to, proper sanitation of tanning devices, provisions of proper equipment, the presence of knowledgeable operators during operating hours, and the use of accurate timers and temperature controls.   2. Adopt rules, in accordance with chapter 17A, as necessary for the implementation and enforcement of this chapter, including but not limited to rules relating to the operation and use of tanning devices, rules regarding the warning signs required to be posted by a tanning facility, and rules prescribing the criteria for revocation, cancellation, or suspension of a tanning facility permit.   3. Establish and collect fees to defray the costs of administering the program established in this chapter. Fees collected shall be deposited in the general fund of the state.  90 Acts, ch 1220, 6 
136D.8 Inspections  violations  prohibited acts  injunctions.   1. The director or an authorized agent shall have access at all reasonable times to any tanning facility to inspect the facility to determine if this chapter is being violated.   2. A tanning facility shall not claim, or distribute promotional materials that claim, that using a tanning device is safe or free from risk.   3. a. If the director finds that a person has violated, or is violating or threatening to violate this chapter and that the violation creates an immediate threat to the health and safety of the public, the director may petition the district court for a temporary restraining order to restrain the violation or threat of violation.   b. If a person has violated, or is violating or threatening to violate this chapter, the director may petition the district court for an injunction to prohibit the person from continuing the violation or threat of violation.   c. On application for injunctive relief and a finding that a person is violating or threatening to violate this chapter, the district court shall grant any injunctive relief warranted by the facts.  90 Acts, ch 1220, 7; 2012 Acts, ch 1113, 29 
136D.9 Penalties.   1. The department may impose a civil penalty not to exceed one thousand dollars on a person who violates a provision of this chapter, a rule adopted or order issued under this chapter, or a term, condition, or limitation of a registration certificate issued pursuant to this chapter, or who commits a violation for which a registration certificate may be revoked under rules issued pursuant to this chapter. Each day of continuing violation constitutes a separate offense in computing the civil penalty. However, the maximum civil penalty for a continuing violation shall not exceed five thousand dollars.   2. The department shall notify a person of the intent to impose a civil penalty against the person. The department shall establish the notification process to include an opportunity for the person to respond in writing, within a reasonable time as the department shall establish by rule, regarding reasons why the civil penalty should not be imposed.   3. The department may compromise, mitigate, or refund a civil penalty imposed under this section. A person upon whom a civil penalty is imposed may appeal the action pursuant to chapter 17A. The department shall remit moneys collected from civil penalties to the treasurer of the state who shall deposit the moneys in the general fund of the state.  2012 Acts, ch 1113, 30 
137.101 Title and purpose.   This chapter shall be known and may be cited as the Local Public Health Governance Act. The purpose of this chapter is to define the structure, powers, and duties of local boards of health. This chapter also provides an optional process for counties to merge to form a district board of health in order to increase efficiencies and enhance the delivery and availability of public health services.  2010 Acts, ch 1036, 1 
137.102 Definitions.   As used in this chapter unless the context otherwise requires:   1. City board means a city board of health in existence prior to July 1, 2010.   2. City health department refers to the personnel and property under the jurisdiction of a city board in existence prior to July 1, 2010.   3. Council means a city council.   4. County board means a county board of health.   5. County health department refers to the personnel and property under the jurisdiction of a county board.   6. Director means the director of public health.   7. District means any two or more geographically contiguous counties.   8. District board means a board of health representing at least two geographically contiguous counties formed with approval of the state department in accordance with this chapter, or any district board of health in existence prior to July 1, 2010.   9. District health department refers to the personnel and property under the jurisdiction of a district board.   10. Local board of health means a city, county, or district board of health.   11. Officers means a local board of health chairperson, vice chairperson, and secretary, and other officers which may be named at the discretion of the local board of health.   12. State board means the state board of health.   13. State department means the Iowa department of public health.  2010 Acts, ch 1036, 2; 2016 Acts, ch 1026, 9  Referred to in 135A.2, 135I.1 
137.103 Local boards of health  jurisdiction.   1. A city board shall have jurisdiction over public health matters within the city.   2. A county board shall have jurisdiction over public health matters within the county.   3. A district board shall have jurisdiction over public health matters within the district.  2010 Acts, ch 1036, 3 
137.104 Local boards of health  powers and duties.   Local boards of health shall have the following powers and duties:   1. A local board of health shall:   a. Enforce state health laws and the rules and lawful orders of the state department.   b. Make and enforce such reasonable rules and regulations not inconsistent with law and the rules of the state board as may be necessary for the protection and improvement of the public health.   (1) Rules of a city board shall become effective upon approval by the council and publication in a newspaper having general circulation in the city.   (2) Rules of a county board shall become effective upon approval by the county board of supervisors by a motion or resolution as defined in section 331.101, subsection 13, and publication in a newspaper having general circulation in the county.   (3) Rules of a district board shall become effective upon approval by the district board and publication in a newspaper having general circulation in the district.   (4) Before approving any rule or regulation the local board of health shall hold a public hearing on the proposed rule. Any citizen may appear and be heard at the public hearing. A notice of the public hearing, stating the time and place and the general nature of the proposed rule or regulation shall be published in a newspaper having general circulation as provided in section 331.305 in the area served by the local board of health.   c. Employ persons as necessary for the efficient discharge of its duties. Employment practices shall meet the requirements of chapter 8A, subchapter IV, or any civil service provision adopted under chapter 400.   d. Provide the names of all local board of health members and officers to the state department.   e. Provide minutes of local board of health meetings and reports of the local board of healths operations and activities to the state department as may be required by the director, by rule, or by contract.   2. A local board of health may:   a. Provide such population-based and personal health services as may be deemed necessary for the promotion and protection of the health of the public and charge reasonable fees for personal health services. A person shall not be denied necessary services within the limits of available resources because of inability to pay the cost of such services.   b. Provide such environmental health services as may be deemed necessary for the protection and improvement of the public health and issue licenses and permits and charge reasonable fees in relation to the construction or operation of nonpublic water supplies or private sewage disposal systems.   c. Engage in joint operations and contract with colleges and universities, the state department, other public, private, and nonprofit agencies, and individuals or form a district health department to provide personal and population-based public health services.   d. By written agreement with the council of any city within its jurisdiction, enforce appropriate ordinances of the city relating to public health.  2010 Acts, ch 1036, 4; 2016 Acts, ch 1026, 10  Referred to in 137.115 
137.105 Local boards of health  membership and meetings.   1. Membership, terms, compensation, and vacancies.   a. All members of a city board shall be appointed by the council.   b. All members of a county board shall be appointed by the county board of supervisors.   c. All members of a district board shall be appointed by the county board of supervisors from each county represented by the district. Each county board of supervisors shall appoint at least one but no more than three members to the district board.   d. Local boards of health shall consist of at least five members. At least one member shall be licensed as a physician under chapter 148, a physician assistant under chapter 148C, an advanced registered nurse practitioner under chapter 152, or an advanced practice registered nurse under chapter 152E.   e. A local board of health member shall serve for a term of three years. A member is eligible for reappointment.   f. A local board of health member shall serve without compensation, but may be reimbursed for necessary expenses in accordance with rules established by the state board or the applicable jurisdiction.   g. A local board of health member vacancy due to death, resignation, or other cause shall be filled as soon as possible after the vacancy exists for the unexpired term of the original appointment.   2. Meetings. A majority of the members of a local board of health shall be considered a quorum and an affirmative vote of the majority of the members present is necessary for action taken by a local board of health. The majority shall not include any member who has a conflict of interest and a statement by the member that a conflict of interest exists shall be conclusive for this purpose.  2010 Acts, ch 1036, 5; 2016 Acts, ch 1026, 11; 2020 Acts, ch 1083, 2  Referred to in 137.106, 137.108, 331.321 
137.106 District boards of health  request to form.   The county boards of any two or more geographically contiguous counties may at any time submit a request to form a district board to the state department. The formation request shall be in writing, shall be executed by the county boards of supervisors and the county boards of health for each county comprising the proposed district board, and shall include but not be limited to the following required elements:   1. A written narrative that explains how a district board will attain the capability to provide population-based and personal public health services.   2. The composition of the district board, including the number of members each county shall appoint pursuant to section 137.105 and the total number of members on the district board.   3. Proof of approval by all county boards of supervisors and county boards of health involved in the request to form a district board and of the elements included in the formation plan.   4. The service delivery plan.   5. The budget and fiscal plan for the proposed district board. The budget plan shall include an estimate of proposed expenditures and revenues and an allocation of the revenue responsibilities of each of the counties participating in the proposed district board.   6. A table of organization.   7. A personnel system description, including identification of the district treasurer and district auditor and a section which addresses the employment issues contained in section 137.110.   8. The location of the district board offices and workforce throughout the jurisdiction.   9. An inventory of the property and equipment in the custody of each county board and a description as to whether such property and equipment shall remain in the custody of the county or shall be transferred to the district board to become property of the district board.   10. A timeline for the adoption of district board rules and regulations.   11. Other criteria as established by rule of the state department.  2010 Acts, ch 1036, 6; 2016 Acts, ch 1026, 12  Referred to in 137.107, 137.110, 137.113, 137.114, 137.115 
137.107 Request reviewed by state department.   The state department shall review requests submitted pursuant to section 137.106. The state department, upon finding that all required elements are present, shall present findings to the state board. The state board may approve the formation of a district board and if the formation is approved, shall notify the county boards from whom the request was received.  2010 Acts, ch 1036, 7  Referred to in 137.113, 137.114 
137.108 Initial appointment of district board of health.   Upon receipt of notice of approval as a district board, district board members shall be appointed as specified in section 137.105.  2010 Acts, ch 1036, 8 
137.109 Organizational structure of district board.   A district board is a governing body for purposes of chapter 670 and a district health department is a municipality for purposes of chapter 670. All meetings of a district board shall comply with the requirements of chapter 21 and all records of a district board and a district health department shall be maintained in accordance with chapter 22.  2010 Acts, ch 1036, 9 
137.110 District personnel.   1. A district board may employ persons as necessary for the efficient discharge of its duties. A district board shall have all the duties and powers in employing such persons as a county board of supervisors is granted pursuant to section 331.324, with the exception of the authority to provide for support of the civil service commission for deputy sheriffs as specified in section 331.324, subsection 1, paragraph k. A district board may employ persons who were employed at the time of the formation of the district board by the counties represented by the district board, or may employ persons who were not employed by such counties. The county boards involved shall specify in the request submitted pursuant to section 137.106 whether the individual counties or the district board will be responsible for payment of unemployment compensation for any county employees employed by the county board at the time of formation of the district board but not employed by the district board following formation.   2. If the district board employs persons who were employed by the counties represented by the district board at the time of formation of the district board, the district board shall recognize the term of service of the former county employees for purposes of all employee benefits offered by the district board to such employees and such employees shall not forfeit accrued vacation, accrued sick leave, or longevity by becoming district board employees.   3. Persons who were covered by county employee life insurance, accident insurance, and health insurance plans prior to becoming district board employees pursuant to this chapter shall be permitted to apply prior to becoming district board employees for life, accident, and health insurance plans that are available to district board employees so that those persons do not suffer a lapse of insurance coverage as a result of becoming district board employees.   4. The district board may employ or contract with legal counsel to enforce this chapter and district board rules, represent and defend the district board and its officers and employees, provide legal advice to the district board, and perform any other legal duties required by law or assigned by the district board. The district board may employ or contract with the county attorney of a county within its jurisdiction.  2010 Acts, ch 1036, 10  Referred to in 137.106 
137.111 District treasurer and auditor.   Upon establishment of a district board, the district board shall designate a treasurer to serve as treasurer of the district health department, and shall designate an auditor to serve as auditor of the district health department. A treasurer or auditor of any county within the district may also serve in the capacity of treasurer or auditor of the district health department, respectively, or the district board may contract with a third party to act as the treasurer or auditor of the district health department. A county treasurers or county auditors official bond may extend to cover their respective duties performed on behalf of the district health department.  2010 Acts, ch 1036, 11; 2016 Acts, ch 1026, 13 
137.112 District public health fund  budget.   1. The district treasurer shall establish a district public health fund from which disbursements may be made in the manner specified for disbursements by law for the disbursement of county funds.   2. All moneys received by a district board or district health department for local public health purposes from federal appropriations, state appropriations, local appropriations, fees, gifts, grants, bequests, or other sources shall be deposited in the district public health fund. Expenditures shall be made from the fund on order of the district board for the purpose of carrying out its duties. No more than twenty percent of the unexpended balance remaining in the fund at the end of each fiscal year shall be maintained in the district public health fund. The remainder of the unexpended balance shall revert to the general funds of the member counties in the manner determined by the district board.   3. The district board shall adopt and certify an annual budget in accordance with section 24.17 relating to certification of budgets and section 24.27 relating to protesting budgets.   4. This section does not apply to any district board of health or district health department in existence prior to July 1, 2010.  2010 Acts, ch 1036, 12; 2012 Acts, ch 1113, 17, 20, 21 
137.113 Adding to district.   A county may be added to an existing district board by submission and approval of a request, as specified in sections 137.106 and 137.107.  2010 Acts, ch 1036, 13 
137.114 Withdrawal from district.   A county may withdraw from an existing district board upon submission of a request for withdrawal to and approval by the state department. The request shall include a plan to reform its county board or join a different district board, information specified in section 137.106, and approval of the request by the district board and, at the recommendation of the state department, the state board. Any county choosing to withdraw from the district board shall commit to the continuity of services in its county by reestablishing its county board or joining a different district board. The remaining counties in the district shall submit an application including the information specified in section 137.106 to the state department for review as provided in section 137.107.  2010 Acts, ch 1036, 14 
137.115 Dissolution of county boards.   Upon appointment of a district board, the county boards involved shall be dissolved and their powers and duties specified in section 137.104 transferred to the district board. All property and equipment in the custody of the county board shall either remain the property of the county or shall become the property of the district board, as so provided in the district board formation request submitted pursuant to section 137.106.  2010 Acts, ch 1036, 15 
137.116 Emergency request for funds.   A local board of health may, during a public health disaster as defined in section 135.140 or in preparation for or response to such disaster, request additional appropriations which may upon approval of the director be allotted from the funds reserved for that purpose to the extent that funds are appropriated and available. Upon termination of the disaster response, the local board of health shall report its expenditures of emergency funds to the director.  2010 Acts, ch 1036, 16 
137.117 Penalties  criminal and civil.   1. Any person who violates any provision of this chapter or the rules of a local board of health or any lawful order of the board, its officers, or authorized agents is guilty of a simple misdemeanor. Each additional day of neglect or failure to comply with such provision, rule, or lawful order after notice of violation by the local board of health shall constitute a separate offense.   2. A local board of health may impose a civil penalty not to exceed seven hundred fifty dollars for each violation of this chapter or the rules of the local board of health or any lawful order of the board, its officers, or authorized agents. If the violation is a repeat offense, a civil penalty not to exceed one thousand dollars may be imposed. The local board of health shall impose and enforce such penalties in the manner provided in section 331.307 for county infractions.  2010 Acts, ch 1036, 17 
137.118 Individual choice of treatment.   Nothing in this chapter shall be construed to impede, limit, or restrict the right of free choice by an individual to the health care or treatment that the individual may select.  2010 Acts, ch 1036, 18 
137.119 Adoption of rules.   The state board of health shall adopt rules to implement this chapter. The department is vested with discretionary authority to interpret the provisions of this chapter.  2010 Acts, ch 1036, 19 
CHAPTER 137A  FOOD ESTABLISHMENTS  Repealed effective January 1, 1999; validity of licenses  issued prior to that date;  98 Acts, ch 1162, 29, 30  ; see chapter 137F 
CHAPTER 137B  FOOD SERVICE SANITATION CODE  Repealed effective January 1, 1999; validity of licenses  issued prior to that date;  98 Acts, ch 1162, 29, 30  ;  see chapter 137F 
137C.1 Title.   This chapter shall be known as the Iowa Hotel Sanitation Code.  [C79, 81, 170B.1]  90 Acts, ch 1204, 66  C91, 137C.1  2018 Acts, ch 1041, 44 
137C.10 Suspension or revocation of licenses.   A regulatory authority may suspend or revoke a license issued to a person under the Iowa hotel sanitation code if any of the following occurs:   1. The persons hotel does not conform to a provision of the Iowa hotel sanitation code or a rule adopted pursuant to this chapter.   2. The person violates a provision of the Iowa hotel sanitation code or a rule adopted pursuant to this chapter.   3. The person conducts an activity constituting a criminal offense in the hotel and is convicted of a serious misdemeanor or a more serious offense as a result.  [C79, 81, 170B.7]  90 Acts, ch 1204, 36, 66  C91, 137C.10  91 Acts, ch 107, 9 
137C.11 Biennial inspections.   The regulatory authority shall inspect each hotel in the state at least once biennially. The inspector may enter the hotel at any reasonable hour to make the inspection. The management shall afford free access to every part of the premises and render all aid and assistance necessary to enable the inspector to make a thorough and complete inspection.  [S13, 2514-q, 2527-m, 2528-d5; C24, 27, 31, 35, 39, 2851; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 170.46; C79, 81, 170B.14]  90 Acts, ch 1204, 66  C91, 137C.11  91 Acts, ch 268, 430 
137C.12 Inspection upon complaint.   Upon receipt of a verified complaint signed by a guest of a hotel and stating facts indicating the place is in an insanitary condition, the regulatory authority shall conduct an inspection.  [SS15, 2514-s; C24, 27, 31, 35, 39, 2852; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 170.47; C79, 81, 170B.15]  90 Acts, ch 1204, 39, 66  C91, 137C.12 
137C.16 Plumbing.   1. A hotel shall have an adequately designed plumbing system conforming to at least the minimum requirements of the state plumbing code. The plumbing system shall have a connection to a municipal water and sewerage system or to a benefited water district or sanitary sewerage district whenever such facilities become available.   2. A hotel beyond the reach of a central water or sewerage system shall be served by on-site facilities which meet the technical requirements of the local board of health and the department of natural resources.  [S13, 2514-m, 2527-a; C24, 27, 31, 35, 39, 2814, 2815; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 170.9, 170.10; C79, 81, 170B.9; 82 Acts, ch 1199, 92, 96]  90 Acts, ch 1204, 38, 66  C91, 137C.16 
137C.17 Toilet and lavatory facilities.   A hotel shall provide toilet and lavatory facilities in accordance with rules adopted pursuant to this chapter.  [S13, 2527-e; C24, 27, 31, 35, 39, 2821, 2822; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 170.16, 170.17; C79, 81, 170B.8]  90 Acts, ch 1204, 37, 66  C91, 137C.17 
137C.18 Fire safety.   Violation of a fire safety rule adopted pursuant to section 100.35 and applicable to hotels, occurring on the premises of a hotel, is a violation of this chapter.  [S13, 2514-j, -k, -l; SS15, 2514-i, -n, -o; C24, 27, 31, 35, 39, 2843  2850; C46, 50, 54, 58, 170.38  170.45; C62, 66, 71, 73, 75, 77, 170.38; C79, 81, 170B.13; 82 Acts, ch 1157, 6]  90 Acts, ch 1204, 66  C91, 137C.18 
137C.19 Employment of persons with communicable diseases prohibited. Repealed by  2000 Acts, ch 1066, 52  . 
137C.2 Definitions.   For purposes of the Iowa hotel sanitation code, unless a different meaning is clearly indicated by the context:   1. Bed and breakfast inn means a hotel which has nine or fewer guest rooms.   2. Director means the director of the department of inspections and appeals or the directors designee.   3. Department means the department of inspections and appeals.   4. Guest room shall mean any bedroom or other sleeping quarters for transient guests in a hotel.   5. Hotel shall mean any building or structure, equipped, used, advertised as, or held out to the public to be an inn, hotel, motel, motor inn, or place where sleeping accommodations are furnished transient guests for hire.   6. Local board of health means a county, city, or district board of health.   7. Municipal corporation means a political subdivision of this state.   8. Regulatory authority means the department or a local board of health that has entered into an agreement with the director pursuant to section 137C.6 for authority to enforce the Iowa hotel sanitation code in its jurisdiction.  [S13, 2514-h; C24, 27, 31, 35, 39, 2808; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 170.1; C79, 81, 170B.2]  86 Acts, ch 1245, 541; 87 Acts, ch 202, 2; 90 Acts, ch 1204, 66  C91, 137C.2  2004 Acts, ch 1026, 3 
137C.23 Posting room rates.   A complete list of rooms by number together with the number of the floor and the rate per day per person for each room shall be kept continuously and conspicuously posted on the wall near the office in the lobby of a hotel in such a way as to be accessible to the public without request to the management. The rate per day per person for each room shall also be posted in the same manner in each room. No amount greater than the one posted shall be charged.  [C24, 27, 31, 35, 39, 2841; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 170.36; C79, 81, 170B.11]  90 Acts, ch 1204, 66  C91, 137C.23  Referred to in 137C.24 
137C.24 Rate increases.   The rates posted under section 137C.23 shall not be increased until sixty days notice of the proposed increase has been given to the regulatory authority.  [C24, 27, 31, 35, 39, 2842; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 170.37; C79, 81, 170B.12]  90 Acts, ch 1204, 66  C91, 137C.24 
137C.25 Right of hotel operator to deny services.   1. A person operating a hotel has the right to refuse or deny the use of a room, accommodations, facilities, or other privileges of the hotel to any of the following:   a. An individual unwilling or unable to pay for the room, accommodations, facilities, or other privileges of the hotel.   b. An individual who is visibly publicly intoxicated or under the influence of alcohol or some other illegal drug, or who is disorderly so as to create a public nuisance.   c. An individual the hotel operator reasonably believes is seeking to use a room, accommodations, facilities, or other privileges of the hotel for an unlawful purpose.   d. An individual the hotel operator reasonably believes is bringing in anything which may create an unreasonable danger or risk to other persons, including but not limited to firearms or explosives.   e. An individual whose use of the room, accommodations, facilities, or other privileges of the hotel would result in a violation of the maximum capacity of such hotel.   2. A hotel operator who reasonably refuses or denies the use of a room, accommodations, facilities, or other privileges of the hotel pursuant to this section is not subject to any civil or criminal action or any fine or other penalty, unless the refusal or denial is a violation of state or federal law.  94 Acts, ch 1032, 1  Referred to in 137C.25D 
137C.25A Right to require financial guarantee.   The hotel operator has the right to require a person seeking the use of a room, accommodations, facilities, or other privileges of the hotel to demonstrate the ability to pay for such use by cash, credit card, or approved check. The hotel operator may require the parent or guardian of a minor to do all of the following:   1. Accept in writing the liability for the cost of the room, accommodations, facilities, or other privileges of the hotel used by the minor, and for the cost of any damages to the room, furnishings in the room, or other facilities of the hotel caused by the minor while the minor is using the room, accommodations, facilities, or other privileges of the hotel.   2. Provide the hotel operator with one of the following:   a. The authority to charge any amount due for the cost of the room, accommodations, facilities, or other privileges of the hotel used by the minor, and for the cost of any damages to the room, furnishings in the room, or other facilities of the hotel caused by the minor while the minor is using the room, accommodations, facilities, or other privileges of the hotel to a credit card as defined in section 537.1301, subsection 17.   b. An advance cash payment sufficient to cover the cost of the room, accommodations, facilities, or other privileges of the hotel used by the minor, and a reasonable amount as a deposit toward the cost of any damages to the room, furnishings in the room, or other facilities of the hotel caused by the minor while the minor is using the room, accommodations, facilities, or other privileges of the hotel. A cash deposit for any damages required by the hotel operator shall be refunded to the extent not used to cover the cost of any such damages as determined by the hotel operator following an inspection of the room, accommodations, or facilities of the hotel used by the minor at the end of the minors stay.  94 Acts, ch 1032, 2  Referred to in 137C.25D 
137C.25B Restitution.   In addition to any other applicable penalties, a court may order a person to pay restitution for any damages caused by such person which are suffered by the owner or operator of the hotel. Damages for which restitution may be ordered, in addition to physical damages, may include the loss of revenue resulting from the hotel being unable to rent or lease the room, accommodation, or facility during any time of repair, and restitution to any other individual who is injured or whose property is damaged as a result of the violation. The parent or guardian of a minor shall be liable to the owner or operator for the acts of the minor which result in damage to the room, accommodation, or facility, and for restitution to any other individual who is injured or whose property is damaged as a result of such acts.  94 Acts, ch 1032, 3  Referred to in 137C.25D, 232D.504 
137C.25C Right to eject.   An owner or operator of a hotel may eject a person from the hotel for any of the following reasons:   1. Nonpayment of charges incurred by the individual renting or leasing a room, accommodations, or facilities of the hotel when the charges are due and owing.   2. The individual renting or leasing a room, accommodations, or facilities of the hotel is visibly intoxicated, or is disorderly so as to create a public nuisance.   3. The owner or operator reasonably believes that the individual is using the premises for an unlawful purpose including, but not limited to, the unlawful use or possession of controlled substances or the use of the premises for the consumption of alcohol by an individual in violation of section 123.47.   4. The owner or operator reasonably believes that the individual has brought anything into the hotel which may create an unreasonable danger or risk to other persons, including but not limited to firearms or explosives.   5. The individual is in violation of any federal, state, or local laws or regulations relating to the hotel.   6. The individual is in violation of any rule of the hotel which is posted as provided in section 137C.25D.  94 Acts, ch 1032, 4; 97 Acts, ch 126, 8  Referred to in 137C.25D 
137C.25D Posting rules by owner or operator.   An owner or operator of a hotel shall post a copy of sections 137C.25 through 137C.25C, in addition to any rules established by the owner or operator of the hotel, in a conspicuous place at or near the guest registration desk and in each room of the hotel.  94 Acts, ch 1032, 5  Referred to in 137C.25C 
137C.25E Documentation and registration requirements.   1. A hotel shall keep and maintain for a period of three years, a guest register which shall show the name, residence, date of arrival, and date of departure of each individual renting or leasing a room, accommodations, or facilities of the hotel.   2. Each individual renting or leasing a room, accommodations, or facilities of the hotel shall register, and may be required by the owner or operator of the hotel to show proof of identity by producing a valid drivers license, or other identification satisfactory to the owner or operator. The identification shall have a photograph of the individual and include the name and residence of the individual. If the individual is a minor, the owner or operator may also require a parent or guardian of the minor to register.   3. The guest register may be kept and maintained by recording, copying, or reproducing the register by any photographic, photostatic, microfilm, microcard, miniature photographic, electronic imaging, electronic data processing, or other process which accurately reproduces or forms a durable medium for accurately and legibly reproducing an unaltered image or reproduction of the original.  94 Acts, ch 1032, 6; 2017 Acts, ch 54, 76 
137C.28 Penalty.   A person who violates a provision of the Iowa hotel sanitation code shall be guilty of a simple misdemeanor. Each day upon which a violation occurs constitutes a separate violation.  [C79, 81, 170B.16]  90 Acts, ch 1204, 66  C91, 137C.28  Referred to in 137C.35 
137C.29 Injunction.   A person conducting a hotel in violation of a provision of the Iowa hotel sanitation code may be restrained by injunction from operating that hotel. If an imminent health hazard exists, the hotel, or as much of the hotel as is necessary, must cease operation. Operation shall not be resumed until authorized by the regulatory authority.  [S13, 2514-x; C24, 27, 31, 35, 39, 2855; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 170.50; C79, 81, 170B.17]  90 Acts, ch 1204, 66  C91, 137C.29 
137C.30 Duty of county attorney.   The county attorney in each county shall assist in the enforcement of the Iowa hotel sanitation code.  [C79, 81, 170B.18]  90 Acts, ch 1204, 66  C91, 137C.30  Referred to in 331.756(28) 
137C.31 Conflicts with state building code.   Provisions of the Iowa hotel sanitation code in conflict with the state building code, as adopted pursuant to section 103A.7, shall not apply where the state building code has been adopted or when the state building code applies throughout the state.  [C79, 81, 170B.19]  90 Acts, ch 1204, 66  C91, 137C.31  2004 Acts, ch 1086, 38 
137C.35 Bed and breakfast homes and inns.   1. This chapter does not apply to bed and breakfast homes as defined in section 137F.1. However, a bed and breakfast home shall have a smoke detector in proper working order in each sleeping room and a fire extinguisher in proper working order on each floor. A bed and breakfast home which does not receive its drinking water from a public water supply shall have its drinking water tested at least annually by the state hygienic laboratory or the local board of health.   2. A bed and breakfast inn is subject to regulation, licensing, and inspection under this chapter, but separate toilet and lavatory facilities shall not be required for each guest room. Additionally, a bed and breakfast inn is exempt from fire safety rules adopted pursuant to section 100.35 and applicable to hotels, but is subject to fire safety rules which the state fire marshal shall specifically adopt for bed and breakfast inns.   3. A violation of this section is punishable as provided in section 137C.28.  86 Acts, ch 1041, 3  C87, 170B.20  87 Acts, ch 202, 3  CS87, 170B.21  88 Acts, ch 1060, 1; 90 Acts, ch 1204, 66  C91, 137C.35  98 Acts, ch 1162, 4, 30; 99 Acts, ch 32, 1; 2018 Acts, ch 1041, 45 
137C.6 Authority to enforce.   1. The director shall regulate, license, and inspect hotels and enforce the Iowa hotel sanitation code in Iowa. Municipal corporations shall not regulate, license, inspect, or collect license fees from hotels except as provided for in the Iowa hotel sanitation code.   2. If a municipal corporation wants its local board of health to license, inspect, and otherwise enforce the Iowa hotel sanitation code within its jurisdiction, the municipal corporation may enter into an agreement to do so with the director. The director may enter into the agreement if the director finds that the local board of health has adequate resources to perform the required functions. A municipal corporation may only enter into an agreement to enforce the Iowa hotel sanitation code if it also agrees to enforce the rules setting minimum standards to protect consumers from foodborne illness adopted pursuant to section 137F.2.   3. A local board of health that is responsible for enforcing the Iowa hotel sanitation code within its jurisdiction pursuant to an agreement shall make an annual report to the director providing the following information:   a. The total number of hotel licenses granted or renewed during the year.   b. The amount of money collected in license fees during the year.   c. Other information the director requests.   4. The director shall monitor local boards of health to determine if they are enforcing the Iowa hotel sanitation code within their respective jurisdictions. If the director determines that the Iowa hotel sanitation code is enforced by a local board of health, such enforcement shall be accepted in lieu of enforcement by the department in that jurisdiction. If the director determines that the Iowa hotel sanitation code is not enforced by a local board of health, the director may rescind the agreement after reasonable notice and an opportunity for a hearing. If the agreement is rescinded, the director shall assume responsibility for enforcement in the jurisdiction involved.  [C79, 81, 170B.3]  83 Acts, ch 101, 30; 86 Acts, ch 1245, 542, 543; 90 Acts, ch 1204, 66  C91, 137C.6  98 Acts, ch 1162, 3, 30; 2007 Acts, ch 215, 207; 2018 Acts, ch 1144, 1, 16  Referred to in 137C.2, 137F.3 
137C.7 License required.   A person shall not open or operate a hotel until the regulatory authority has inspected the hotel and issued a license to the person. The regulatory authority shall conduct inspections in accordance with standards adopted by the department by rule pursuant to chapter 17A. Each license shall expire one year from the date of issue. A license is renewable. All licenses issued under this chapter that are not renewed by the licensee on or before the expiration date shall be subject to a penalty of ten percent of the license fee per month if the license is renewed at a later date. A license is not transferable.  [S13, 2527-l; C24, 27, 31, 35, 39, 2809; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 170.2; C79, 81, 170B.4]  90 Acts, ch 1204, 66  C91, 137C.7  2002 Acts, ch 1119, 132; 2018 Acts, ch 1144, 2, 16 
137C.8 Application for license.   Every application for a license under the Iowa hotel sanitation code shall be made upon a blank furnished by the regulatory authority and shall contain the items required by the department as to ownership, management, location, buildings, equipment, rates, and other data concerning the hotel for which a license is desired. An application for a license to operate an existing hotel shall be made at least thirty days before the expiration of the existing license.  [C79, 81, 170B.5]  90 Acts, ch 1204, 66  C91, 137C.8 
137C.9 License fees.   1. Either the department or the municipal corporation shall collect the following annual license fees:   a. For a hotel containing thirty guest rooms or less, fifty dollars.   b. For a hotel containing more than thirty but less than one hundred one guest rooms, one hundred dollars.   c. For a hotel containing one hundred one guest rooms or more, one hundred fifty dollars.   2. Fees collected by the department shall be deposited in the general fund of the state. Fees collected by a municipal corporation shall be retained by it and for its use.  [S13, 2527-l; C24, 27, 31, 35, 39, 2812; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 170.5; C79, 81, 170B.6]  90 Acts, ch 1204, 66  C91, 137C.9  2007 Acts, ch 215, 208; 2018 Acts, ch 1144, 3, 16; 2019 Acts, ch 136, 33  Referred to in 137F.3A 
137D.1 Definitions.   As used in this chapter unless the context otherwise requires:   1. Food means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or sale in whole or in part for human consumption.   2. Department means the department of inspections and appeals.   3. Home bakery means a business on the premises of a residence in which prepared food is created for sale or resale, for consumption off the premises, if the business has gross annual sales of prepared food of less than thirty-five thousand dollars. However, home bakery does not include a residence in which food is prepared to be used or sold by churches, fraternal societies, charitable organizations, or civic organizations.   4. Prepared food means soft pies, bakery products with a custard or cream filling, or baked goods that are a time/temperature control for safety food. Prepared food does not include baked goods that are not a time/temperature control for safety food, including but not limited to breads, fruit pies, cakes, or other pastries that are not a time/temperature control for safety food.   5. Time/temperature control for safety food means a food that requires time and temperature controls for safety to limit pathogenic microorganism growth or toxin formation.  88 Acts, ch 1220, 7  C89, 170C.1  C91, 137D.1  2016 Acts, ch 1086, 2, 3 
137D.2 Licenses and inspections.   1. A person shall not open or operate a home bakery until a license has been obtained from the department of inspections and appeals. The department shall collect a fee of fifty dollars for a license. After collection, the fees shall be deposited in the general fund of the state. A license shall expire one year from date of issue. A license is renewable.   2. A person shall not sell or distribute from a home bakery if the home bakery is unlicensed, the license of the home bakery is suspended, or the food fails to meet standards adopted for such food by the department.   3. An application for a license under this chapter shall be made upon a form furnished by the department and shall contain the items required by it according to rules adopted by the department.   4. The department shall regulate, license, and inspect home bakeries according to standards adopted by rule.   5. The department shall provide for the periodic inspection of a home bakery. The inspector may enter the home bakery at any reasonable hour to make the inspection. The department shall inspect only those areas related to preparing food for sale.   6. The department shall regulate and inspect food prepared at a home bakery according to standards adopted by rule. The inspection may occur at any place where the prepared food is created, transported, or stored for sale or resale.  88 Acts, ch 1220, 8  C89, 170C.2  C91, 137D.2  2007 Acts, ch 215, 209; 2016 Acts, ch 1086, 4; 2018 Acts, ch 1144, 4, 16 
137D.3 Penalty.   A person who violates a provision of this chapter, including a standard adopted by departmental rule, relating to home bakeries or prepared foods created in a home bakery, is guilty of a simple misdemeanor. Each day that the violation continues constitutes a separate offense.  88 Acts, ch 1220, 9  C89, 170C.3  C91, 137D.3  2016 Acts, ch 1086, 5 
137D.4 Injunction.   A person operating a home bakery or selling prepared foods created at a home bakery in violation of a provision of this chapter may be restrained by injunction from further operating that home bakery. If an imminent health hazard exists, the home bakery must cease operation. Operation shall not be resumed until authorized by the department.  88 Acts, ch 1220, 10  C89, 170C.4  C91, 137D.4  2016 Acts, ch 1086, 6 
137D.5 Duty of county attorney.   The county attorney in each county shall assist in the enforcement of this chapter.  88 Acts, ch 1220, 11  C89, 170C.5  C91, 137D.5 
137D.6 Conflicts with state building code.   Provisions of this chapter, including standards for home bakeries adopted by the department, in conflict with the state building code, as adopted pursuant to section 103A.7, shall not apply where the state building code has been adopted or when the state building code applies throughout the state.  88 Acts, ch 1220, 12  C89, 170C.6  C91, 137D.6  2004 Acts, ch 1086, 39; 2016 Acts, ch 1086, 7 
137D.8 Suspension or revocation of licenses.   The department may suspend or revoke a license issued to a person under this chapter if any of the following occurs:   1. The persons home bakery does not conform to a provision of this chapter or a rule adopted pursuant to this chapter.   2. The person violates a provision of this chapter or a rule adopted pursuant to this chapter.   3. The person conducts an activity constituting a criminal offense in the home bakery and is convicted of a serious misdemeanor or a more serious offense as a result.  91 Acts, ch 107, 10; 2016 Acts, ch 1086, 8 
137D.9 Exemption. Repealed by 99 Acts, ch 208, 41. 
CHAPTER 137E  FOOD AND BEVERAGE VENDING MACHINES  Repealed effective January 1, 1999; validity of licenses  issued prior to that date;  98 Acts, ch 1162, 29, 30  ; see  chapter 137F 
137F.1 Definitions.   For the purpose of this chapter:   1. Bed and breakfast home means a private residence which provides lodging and meals for guests, in which the host or hostess resides and in which no more than four guest families are lodged at the same time and which, while it may advertise and accept reservations, does not hold itself out to the public to be a restaurant, hotel, or motel, does not require reservations, and serves food only to overnight guests.   2. Commissary means a food establishment used for preparing, fabricating, packaging, and storage of food or food products for distribution and sale through the food establishments own food establishment outlets.   3. Department means the department of inspections and appeals.   4. Director means the director of the department of inspections and appeals.   5. Event means a significant occurrence or happening sponsored by a civic, business, governmental, community, or veterans organization and may include an athletic contest.   6. Farmers market means a marketplace which seasonally operates principally as a common market for Iowa-produced farm products on a retail basis for off-the-premises consumption.   7. Food means a raw, cooked, or processed edible substance, ice, a beverage, an ingredient used or intended for use or sale in whole or in part for human consumption, or chewing gum.   8. Food establishment means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption and includes a food service operation in a salvage or distressed food operation, school, summer camp, residential service substance abuse treatment facility, halfway house substance abuse treatment facility, correctional facility operated by the department of corrections, or the state training school. Food establishment does not include the following:   a. A food processing plant.   b. An establishment that offers only prepackaged foods that are not time/temperature control for safety foods.   c. A produce stand or facility which sells only whole, uncut fresh fruits and vegetables.   d. Premises which are a home bakery pursuant to chapter 137D.   e. Premises where a person operates a farmers market, if time/temperature control for safety foods are not sold or distributed from the premises.   f. Premises of a residence in which food that is not a time/temperature control for safety food is sold for consumption off the premises to a consumer customer, if the food is labeled to identify the name and address of the person preparing the food and the common name of the food.   g. A kitchen in a private home where food is prepared or stored for family consumption or in a bed and breakfast home.   h. A private home that receives catered or home-delivered food.   i. Child care facilities and other food establishment facilities located in hospitals or health care facilities which are subject to inspection by other state agencies or divisions of the department.   j. Supply vehicles, vending machine locations, or boardinghouses for permanent guests.   k. Establishments exclusively engaged in the processing of meat and poultry which are licensed pursuant to section 189A.3.   l. Premises covered by a current class A beer permit as provided in chapter 123.   m. The premises of a residence in which honey is stored; prepared; packaged, including by placement in a container; labeled; or from which honey is distributed.   n. A stand operated by a minor.   9. Food processing plant means a commercial operation that manufactures, packages, labels, or stores food for human consumption and does not provide food directly to a consumer. Food processing plant does not include any of the following:   a. A premises covered by a class A beer permit as provided in chapter 123.   b. A premises of a residence in which honey is stored; prepared; packaged, including by placement in a container; labeled; or from which honey is distributed.   c. A premises covered by a class A wine permit or a class B wine permit as provided in chapter 123.   10. Mobile food unit means a food establishment that is readily movable, which either operates up to three consecutive days at one location or returns to a home base of operation at the end of each day.   11. Municipal corporation means a political subdivision of this state.   12. Pushcart means a non-self-propelled vehicle food establishment limited to serving foods that are not time/temperature control for safety foods or commissary-wrapped foods maintained at proper temperatures, or limited to the preparation and serving of frankfurters.   13. Regulatory authority means the department or a municipal corporation that has entered into an agreement with the director pursuant to section 137F.3 for authority to enforce this chapter in its jurisdiction.   14. Stand operated by a minor means a stand or other facility operated by a person or persons under the age of eighteen at which food is sold directly to consumers that is not time/temperature control for safety food or an alcoholic beverage and that operates on a temporary and occasional basis on private property with the permission of the owner of the property.   15. Temporary food establishment means a food establishment that operates for a period of no more than fourteen consecutive days in conjunction with a single event.   16. Time/temperature control for safety food means a food that requires time and temperature controls for safety to limit pathogenic microorganism growth or toxin formation.   17. Vending machine means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.   18. Vending machine location means the room, enclosure, space, or area where one or more vending machines are installed and operated, including the storage areas on the premises that are used to service and maintain the vending machine.  98 Acts, ch 1162, 6, 30; 99 Acts, ch 192, 33; 99 Acts, ch 208, 28; 2001 Acts, ch 81, 1, 2; 2002 Acts, ch 1149, 1, 3; 2003 Acts, ch 44, 37; 2006 Acts, ch 1032, 4; 2007 Acts, ch 215, 210, 211; 2012 Acts, ch 1064, 1, 3; 2014 Acts, ch 1026, 32; 2016 Acts, ch 1086, 9; 2018 Acts, ch 1144, 5  9, 16; 2020 Acts, ch 1084, 1, 2  Referred to in 100.35, 135.16A, 135.185, 137C.35, 189A.3, 190C.1, 331.301, 364.3, 716.7A 
137F.10 Regular inspections.   The appropriate regulatory authority shall provide for the inspection of each food establishment and food processing plant in this state in accordance with this chapter and with rules adopted pursuant to this chapter in accordance with chapter 17A. A regulatory authority may enter a food establishment or food processing plant at any reasonable hour to conduct an inspection. The manager or person in charge of the food establishment or food processing plant shall afford free access to every part of the premises and render all aid and assistance necessary to enable the regulatory authority to make a thorough and complete inspection. As part of the inspection process, the regulatory authority shall provide an explanation of the violation or violations cited and provide guidance as to actions for correction and elimination of the violation or violations.  98 Acts, ch 1162, 15, 30; 2007 Acts, ch 215, 216 
137F.11 Inspection upon complaint.   Upon receipt of a complaint by a customer of a food establishment or food processing plant stating facts indicating the premises are in an unsanitary condition, the regulatory authority may conduct an inspection.  98 Acts, ch 1162, 16, 30 
137F.11A Posting of inspection reports.   An establishment inspected under this chapter shall post the most recent routine inspection report, along with any current complaint or reinspection reports, in a location at the establishment that is readily visible to the public.  2007 Acts, ch 215, 217 
137F.12 Plumbing.   A food establishment or food processing plant shall have an adequately designed plumbing system conforming to at least the minimum requirements of the state plumbing code, or local plumbing code, whichever is more stringent. The plumbing system shall have a connection to a municipal water and sewer system or to a benefited water district or sanitary district if such facilities are available.  98 Acts, ch 1162, 17, 30 
137F.13 Water and waste treatment.   If a food establishment or food processing plant is served by privately owned water or waste treatment facilities, those facilities shall meet the technical requirements of the local board of health and the department of natural resources.  98 Acts, ch 1162, 18, 30 
137F.14 Toilets and lavatories.   A food establishment or food processing plant shall provide toilet and lavatory facilities in accordance with rules adopted by the department pursuant to this chapter in accordance with chapter 17A.  98 Acts, ch 1162, 19, 30 
137F.15 Fire safety.   A violation of a fire safety rule adopted pursuant to section 100.35 and applicable to food establishments or food processing plants which occurs on the premises of a food establishment or food processing plant is a violation of this chapter.  98 Acts, ch 1162, 20, 30 
137F.16 Conflicts with state building code.   Provisions of this chapter in conflict with the state building code, as adopted pursuant to section 103A.7, shall not apply where the state building code has been adopted or when the state building code applies throughout the state.  98 Acts, ch 1162, 21, 30; 2004 Acts, ch 1086, 40 
137F.17 Penalty. Repealed by 2018 Acts, ch 1144, 15, 16. 
137F.18 Injunction.   A person opening or operating a food establishment or food processing plant in violation of this chapter may be enjoined from further operation of the establishment or plant. If an imminent health hazard exists, the establishment or plant must cease operation. Operation shall not be resumed until authorized by the regulatory authority.  98 Acts, ch 1162, 23, 30 
137F.19 Duty of county or city attorney.   The county attorney in each county or city attorney in each city shall assist in the enforcement of this chapter.  98 Acts, ch 1162, 24, 30  Referred to in 331.756(28) 
137F.2 Adoption by rule.   1. The department shall, in accordance with chapter 17A, adopt rules setting minimum standards for entities covered under this chapter to protect consumers from foodborne illness. In so doing, the department may adopt by reference, with or without amendment, the United States food and drug administration food code, which shall be specified by title and edition, date of publication, or similar information. The rules and standards shall be formulated in consultation with municipal corporations under agreement with the department, affected state agencies, and industry, professional, and consumer groups.   2. In establishing minimum standards as described in subsection 1, the department shall adopt rules for the sale at a farmers market of culinary mushrooms commonly referred to as a variety of wild golden oyster and classified as pleurotus ostreatus, pleurotus populinus, or pleurotus pulmonarious.  98 Acts, ch 1162, 7, 30; 99 Acts, ch 208, 29  32; 2001 Acts, ch 81, 3; 2007 Acts, ch 215, 212; 2019 Acts, ch 73, 1, 2  Referred to in 137C.6, 137F.3, 331.756(28) 
137F.3 Authority to enforce.   1. The director shall regulate, license, and inspect food establishments and food processing plants and enforce this chapter pursuant to rules adopted by the department in accordance with chapter 17A. Municipal corporations shall not regulate, license, inspect, or collect license fees from food establishments and food processing plants, except as provided in this section.   2. A municipal corporation may enter into an agreement with the director to provide that the municipal corporation shall license, inspect, and otherwise enforce this chapter within its jurisdiction. The director may enter into the agreement if the director finds that the municipal corporation has adequate resources to perform the required functions. A municipal corporation may only enter into an agreement to enforce the rules setting minimum standards to protect consumers from foodborne illness adopted pursuant to section 137F.2 if it also agrees to enforce the Iowa hotel sanitation code pursuant to section 137C.6. However, the department shall license and inspect all food processing plants which manufacture, package, or label food products. A municipal corporation may license and inspect, as authorized by this section, food processing plants whose operations are limited to the storage of food products.   3. If the director enters into an agreement with a municipal corporation as provided by this section, the director shall provide that the inspection practices of a municipal corporation are spot-checked on a regular basis.   4. A municipal corporation that is responsible for enforcing this chapter within its jurisdiction pursuant to an agreement shall use the data system prescribed by the director for activities governed by an agreement executed pursuant to this section.   5. The director shall monitor municipal corporations which have entered into an agreement pursuant to this section to determine if they are enforcing this chapter within their respective jurisdictions. If the director determines that this chapter is not enforced by a municipal corporation, the director may rescind the agreement after reasonable notice and an opportunity for a hearing. If the agreement is rescinded, the director shall assume responsibility for enforcement in the jurisdiction involved.   6. The inspection staff of a municipal corporation that has entered into an agreement with the director to enforce this chapter shall be required by the department to apply the current rules setting minimum standards to protect consumers from foodborne illness adopted pursuant to section 137F.2 to ensure consistency in application of the rules. A municipal corporations failure to comply may result in the department rescinding the agreement with the municipal corporation, after reasonable notice and an opportunity for a hearing.  98 Acts, ch 1162, 8, 30; 2007 Acts, ch 215, 213; 2018 Acts, ch 1144, 10, 16  Referred to in 137F.1 
137F.3A Municipal corporation inspections  contingent appropriation.   1. a. The department of inspections and appeals may employ additional full-time equivalent positions to enforce the provisions of this chapter and chapters 137C and 137D, with the approval of the department of management, if either of the following apply:   (1) A municipal corporation operating pursuant to a chapter 28E agreement with the department of inspections and appeals to enforce the chapters either fails to renew the agreement effective after April 1, 2007, or discontinues, after April 1, 2007, enforcement activities in one or more jurisdictions during the agreement time frame.   (2) The department of inspections and appeals cancels an agreement after April 1, 2007, due to noncompliance with the terms of the agreement.   b. Before approval may be given, the director of the department of management must have determined that the expenses exceed the funds budgeted by the general assembly for food inspections to the department of inspections and appeals. The department of inspections and appeals may hire no more than one full-time equivalent position for each six hundred inspections required pursuant to this chapter and chapters 137C and 137D.   2. Notwithstanding chapter 137D, and sections 137C.9 and 137F.6, if the conditions described in this section are met, fees imposed pursuant to that chapter and those sections shall be retained by and are appropriated to the department of inspections and appeals each fiscal year to provide for salaries, support, maintenance, and miscellaneous purposes associated with the additional inspections. The appropriation made in this subsection is not applicable in a fiscal year for which the general assembly enacts an appropriation made for the purposes described in this subsection.  2006 Acts, ch 1185, 46, 53; 2007 Acts, ch 215, 214, 221; 2009 Acts, ch 133, 39  For certain fiscal years, certain fees collected by the department of inspections and appeals as a result of licensing and registration activities under chapters 99B, 137C, 137D, and 137F shall be retained by the department for purposes of enforcing those chapters and certain fees collected on behalf of a municipal corporation shall be remitted to the municipal corporation;  2016 Acts, ch 1130, 12  ;  2017 Acts, ch 171, 13, 40  ;  2018 Acts, ch 1164, 11  ; 2019 Acts, ch 136, 13; 2020 Acts, ch 11212020 Acts, ch 1121, 1; 2021 Acts, ch 142, 13 
137F.4 License required.   A person shall not operate a food establishment or food processing plant to provide goods or services to the general public, or open a food establishment to the general public, until the appropriate license has been obtained from the regulatory authority. Sale of products at wholesale to outlets not owned by a commissary owner requires a food processing plant license. A license shall expire one year from the date of issue. A license is renewable if application for renewal is made prior to expiration of the license or within sixty days of the expiration date of the license. All licenses issued under this chapter that are not renewed by the licensee on or before the expiration date shall be subject to a penalty of ten percent per month of the license fee if the license is renewed at a later date.  98 Acts, ch 1162, 9, 30; 2018 Acts, ch 1144, 11, 16  Referred to in 135.16A 
137F.5 Application for license.   1. An application form prescribed by the department for a license under this chapter shall be obtained from the department or from a municipal corporation which is a regulatory authority. A completed application shall be submitted to the appropriate regulatory authority.   2. A person conducting an event shall submit a license application and an application fee of fifty dollars to the appropriate regulatory authority at least sixty days in advance of the event. An event for purposes of this subsection does not include a function with ten or fewer temporary food establishments, a fair as defined in section 174.1, or a farmers market.   3. The dominant form of business shall determine the type of license for establishments which engage in operations covered under both the definition of a food establishment and of a food processing plant.   4. The regulatory authority where the unit is domiciled shall issue a license for a mobile food unit.  98 Acts, ch 1162, 10, 30; 2017 Acts, ch 54, 76; 2018 Acts, ch 1144, 12, 16 
137F.6 License fees.   1. The regulatory authority shall collect the following annual license fees:   a. For a mobile food unit or pushcart, two hundred fifty dollars.   b. For a temporary food establishment per fixed location for a single event, fifty dollars.   c. For a temporary food establishment for multiple nonconcurrent events during a calendar year, one annual license fee of two hundred dollars for each establishment on a countywide basis.   d. For a vending machine, fifty dollars for the first machine and ten dollars for each additional machine.   e. For a food establishment which prepares or serves food for individual portion service intended for consumption on-the-premises, the annual license fee shall correspond to the annual gross food and beverage sales of the food establishment, as follows:   (1) Annual gross sales of less than one hundred thousand dollars, one hundred fifty dollars.   (2) Annual gross sales of at least one hundred thousand dollars but less than five hundred thousand dollars, three hundred dollars.   (3) Annual gross sales of five hundred thousand dollars or more, four hundred dollars.   f. For a food establishment which sells food or food products to consumer customers intended for preparation or consumption off-the-premises, the annual license fee shall correspond to the annual gross food and beverage sales of the food establishment, as follows:   (1) Annual gross sales of less than two hundred fifty thousand dollars, one hundred fifty dollars.   (2) Annual gross sales of at least two hundred fifty thousand dollars but less than seven hundred fifty thousand dollars, three hundred dollars.   (3) Annual gross sales of seven hundred fifty thousand dollars or more, four hundred dollars.   g. For a food processing plant, the annual license fee shall correspond to the annual gross food and beverage sales of the food processing plant, as follows:   (1) Annual gross sales of less than two hundred thousand dollars, one hundred fifty dollars.   (2) Annual gross sales of at least two hundred thousand dollars but less than two million dollars, three hundred dollars.   (3) Annual gross sales of two million dollars or more, five hundred dollars.   h. For a farmers market where time/temperature control for safety food is sold or distributed, one annual license fee of one hundred fifty dollars for each vendor on a countywide basis.   i. For a certificate of free sale or sanitation, thirty-five dollars for the first certificate and ten dollars for each additional identical certificate requested at the same time.   j. For a food establishment covered by both paragraphs e and f, the applicant shall pay the licensee fee based on the dominant form of business plus one hundred fifty dollars.   k. For an unattended food establishment, the annual license fee shall correspond to the annual gross food and beverage sales, as follows:   (1) Annual gross sales of less than one hundred thousand dollars, seventy-five dollars.   (2) Annual gross sales of one hundred thousand dollars or more, one hundred fifty dollars.   2. Fees collected by the department shall be deposited in the general fund of the state. Fees collected by a municipal corporation shall be retained by the municipal corporation for regulation of food establishments and food processing plants licensed under this chapter.   3. Each vending machine licensed under this chapter shall bear a readily visible identification tag or decal provided by the licensee, containing the licensees business address and phone number, and a company license number assigned by the regulatory authority.  98 Acts, ch 1162, 11, 30; 2002 Acts, ch 1149, 2, 3; 2003 Acts, ch 108, 128, 132; 2007 Acts, ch 215, 215; 2009 Acts, ch 133, 40; 2012 Acts, ch 1064, 2, 3; 2018 Acts, ch 1144, 13, 14, 16  Referred to in 137F.3A 
137F.7 Suspension or revocation of licenses.   1. The regulatory authority may suspend or revoke a license issued to a person under this chapter pursuant to rules adopted by the department if any of the following occurs:   a. The persons food establishment or food processing plant does not conform to a provision of this chapter or a rule adopted pursuant to this chapter.   b. The person conducts an activity constituting a criminal offense in the food establishment or food processing plant and is convicted of a serious misdemeanor or a more serious offense as a result.   2. A licensee may appeal a suspension or revocation in accordance with rules adopted by the department.  98 Acts, ch 1162, 12, 30; 2009 Acts, ch 41, 263 
137F.8 Farmers markets.   A vendor who offers a product for sale at a farmers market shall have the sole responsibility to obtain and maintain any license required to sell or distribute the product.  98 Acts, ch 1162, 13, 30 
137F.8A Stand operated by a minor.   A municipal corporation or regulatory authority shall not adopt or enforce an ordinance or rule that requires a license, permit, or fee to sell or otherwise distribute food at a stand operated by a minor.  2020 Acts, ch 1084, 3 
137F.9 Operation without inspection prohibited.   1. A person shall not open or operate a food establishment or food processing plant until an inspection has been made and a license has been issued by the regulatory authority. Inspections shall be conducted according to standards adopted by rule of the department pursuant to chapter 17A.   2. A person who opens or operates a food establishment or food processing plant without a license is subject to a penalty of up to twice the amount of the annual license fee.  98 Acts, ch 1162, 14, 30 
138.1 Definitions.   When used in this chapter unless the context otherwise requires:   1. Camp operator means the person who has been granted a permit, in accordance with the provisions of this chapter, to operate a migrant labor camp, or portion thereof.   2. Chemical toilet means a nonwater carriage toilet facility where human waste is collected in a container charged with a chemical solution for the purpose of disinfecting and deodorizing such waste.   3. Communicable disease means any of those diseases regulated by state or local communicable disease laws, ordinances, or regulations.   4. Department means the Iowa department of public health.   5. Director means the director of public health or the directors designee.   6. Garbage means all putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, or consumption of food at a migrant labor camp.   7. Migrant means any individual who customarily and repeatedly travels from state to state for the purpose of obtaining seasonal employment in agriculture, including the spouse and children of such individuals, whether or not authorized by law to engage in such employment.   8. Migrant labor camp means one or more buildings, structures, shelters, tents, trailers, or vehicles or any other structure or a combination thereof together with the land appertaining thereto, established, operated, or maintained as living quarters for seven or more migrants or two or more shelters. A camp shall include such land or quarters separate from one another if the migrants housed therein work at any time for the same person and the total number of migrants in all such camps is seven or more. Such separate camps shall constitute a portion of a migrant labor camp.   9. Person means an individual, group of individuals, firm, association, partnership, or corporation.   10. Privy means a portable or fixed sanitary facility used for excretion in a shelter separate and apart from any building and without water-borne disposal.   11. Refuse means all putrescible and nonputrescible solid waste except human body wastes, including garbage, rubbish, and ashes.   12. Service building means any building provided for the common use, welfare, and comfort of persons occupying or using the migrant labor camp.   13. Shelter means any conventional or unconventional building of one or more rooms, or any tent, trailer, railroad car, or any other enclosure or structure used for sleeping or living purposes.   14. Toilet room means an enclosure containing one or more toilet facilities or water closet facilities.   15. Urinal means a sanitary fixture or structure installed for the purpose of urination.   16. Water closet means a sanitary fixture, within a toilet room, used for excretion and equipped with a bowl and device for flushing the bowl contents into a disposal system.  [C71, 73, 75, 77, 79, 81, 138.1] 
138.10 Judicial review.   Judicial review of actions of the director may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of said Act, petitions for judicial review may be filed in the district court of the county wherein the license was to be issued or wherein such license is to be revoked or suspended, and such a petition for judicial review shall not operate to stay any order or final determination of the director unless the district court finds upon hearing after reasonable notice to all interested parties, that substantial damage would result to the appealing party unless such order or final determination was stayed and such a stay would not endanger the health, safety, or welfare of any inhabitants of a migrant labor camp.  [C71, 73, 75, 77, 79, 81, 138.10]  2003 Acts, ch 44, 114 
138.11 Access to camp for inspection.   The director may enter and inspect migrant labor camps at any reasonable time and may question persons, and investigate facts, conditions, practices, or any other matters as are necessary or appropriate to determine compliance with the provisions of this chapter and any rules made pursuant to this chapter, or in the formulation of any additional rules. The director may, to the extent appropriate, utilize the services of any other state department or agency or any local agency for assistance in inspections and investigations.  [C71, 73, 75, 77, 79, 81, 138.11] 
138.12 Variations permitted.   1. The director may grant written permission to individual camp operators to vary from the provisions of this chapter or the rules of the department when the extent of the variation is clearly specified and it is demonstrated to the directors satisfaction that:   a. Such variation is necessary to obtain a beneficial use of an existing facility.   b. The variation is necessary to prevent a substantial difficulty or unnecessary hardship.   c. Appropriate alternative measures have been taken to protect the health, safety, and welfare of any inhabitants of a migrant labor camp and assure that the purpose of the provisions for which variation is sought will be observed.   2. Written application for such variations shall be filed with the director and local board of health serving the area in which the migrant labor camp is situated. No such variation shall be effective until granted in writing by the director.  [C71, 73, 75, 77, 79, 81, 138.12]  2009 Acts, ch 41, 263 
138.13 Conditions for permit.   To be eligible for a permit, a migrant labor camp, or portion thereof, shall meet each and all of the following requirements:   1. Site.   a. Sites for migrant labor camps shall be adequately drained. Such sites shall not be subject to periodic flooding, nor located within two hundred feet of swamps, pools, sinkholes, or other quiescent surface collections of water unless the water surfaces can be subjected to mosquito and pest control measures. Sites shall be located so that drainage from and through the camp will not endanger any domestic or public water supply. Sites shall be graded, ditched, and rendered free from depressions in which water may collect and become a nuisance.   b. Sites shall be adequate in size to prevent overcrowding of necessary structures and to minimize the hazards of fire. Housing shall not be subject to, or in proximity to, conditions that create or are likely to create offensive odors, flies, noise, traffic, or attract rats or other rodents, or any other similar conditions.   c. The grounds and open areas surrounding the shelters, buildings, or structures, shall be maintained in a clean and sanitary condition free from rubbish, debris, wastepaper, garbage, and other refuse.   d. All camps shall provide space for recreation, commensurate with size of the camp and type of occupancy.   e. Whenever a camp is permanently closed or closed for the season, all garbage, manure, and other refuse shall be collected and disposed of to prevent a nuisance. All abandoned privy pits shall be filled with earth and the grounds and buildings left in a clean and sanitary condition. If privy buildings remain, then such buildings shall be locked or otherwise secured to prevent entrance.   2. Shelter.   a. Shelters shall be structurally sound and shall provide protection to the occupants.   b. At least one-half of the floor area in each living unit shall have a minimum ceiling height of seven feet. No floor space shall be counted toward minimum requirements where the ceiling height is less than five feet.   c. Sleeping facilities shall be provided for each person. Such facilities shall consist of comfortable beds, cots, or bunks, provided with clean mattresses.   d. Any bedding provided by the camp operator shall be clean and sanitary.   e. Triple deck bunks shall not be allowed.   f. The clear space above the top of the lower mattress of a double deck bunk and the bottom of the upper bunk shall be a minimum of twenty-seven inches. The distance from the top of the upper mattress to the ceiling shall be a minimum of thirty-six inches.   g. Beds used for double occupancy may be provided only in family accommodations.   h. Floors of buildings used as living quarters or shelters shall be constructed of wood, asphalt, concrete, or other comparable material. Wooden floors shall be of smooth and tight construction and shall be elevated not less than one foot above the ground level at all points to prevent dampness and to permit free circulation of air beneath. Floors shall be kept in good repair.   i. Nothing in this chapter shall prohibit banking with earth or other suitable material around the outside walls of shelters and other structures in areas subject to extremely low temperatures.   j. Living quarters of shelters shall be provided with windows and doors which shall be in total area not less than one-tenth of the floor area. At least one-half of each window shall be constructed so that it can be opened for purposes of ventilation.   k. Exterior openings shall be effectively screened with sixteen mesh material. Screen doors shall be equipped with self-closing devices.   l. In a room where people cook, live, and sleep, a minimum of sixty square feet per occupant shall be provided. Sanitary facilities shall be provided for storing and preparing food.   m. When a camp is operated during a season requiring artificial heating, living quarters with a minimum of one hundred square feet per occupant shall be provided and such living quarters or shelters shall, also, be provided with properly installed heating equipment of adequate capacity to maintain a room temperature of at least 70 degrees Fahrenheit. A stove or other source of heat shall be installed and vented in a manner to avoid both a fire hazard and a concentration of fumes or gas within such living quarters and shelters. In a room with wooden or combustible flooring, there shall be a concrete slab, metal sheet, or other fire-resistant material, on the floor under each stove, extending at least eighteen inches beyond the perimeter of the base of the stove. Any wall or ceiling not having a fire-resistant surface, within twenty-four inches of a stove or stovepipe, shall be protected by a metal sheet or other fire-resistant material. Heating appliances, other than electrical, shall be provided with a stovepipe or vent connected to the appliance and discharging to the outside air or chimney. The vent or chimney shall extend above the peak of the roof. Stovepipes shall be insulated with fire-resistant material where they pass through walls, ceilings, or floors.   3. Water supply.   a. An adequate and convenient water supply, approved by the department, shall be provided in each camp for drinking, cooking, bathing, and laundry purposes.   b. Each water supply shall be inspected at the time of occupancy of the camp and as frequently thereafter as is necessary to insure its continued suitability.   c. Distribution lines shall be capable of supplying water at normal operating pressures to all fixtures for simultaneous operation. Water outlets shall be distributed throughout the camp in such a manner that no shelter or living quarter is more than one hundred feet from a yard hydrant if water is not piped to the shelters.   d. A cold water tap shall be available within one hundred feet of each individual living unit when water is not provided in the unit. Adequate drainage facilities shall be provided for overflow and spillage.   e. Common drinking cups shall not be allowed or permitted.   f. Wells or springs used as sources of water supply shall have tight covers and be constructed and located to preclude pollution by seepage from cesspools, privies, sewers, sewage treatment works, stables or manure piles, or surface drainage. The water from such sources shall be obtained by free gravity flow or by an approved metal pump securely mounted on a concrete slab covering the well or spring. If the pump is adjacent to the well or spring, it shall be located and connected to prevent any pollution of such water supply.   4. Toilet facilities.   a. Approved toilet facilities adequate for the capacity of the camp shall be provided.   b. Each toilet facility shall be located so as to be accessible to the inhabitants of the camp without any individual passing through any sleeping room. Toilet rooms shall have a window not less than six square feet in area opening directly to the outside or shall otherwise be satisfactorily ventilated. All outside openings shall be screened with sixteen mesh material. No water closet, chemical toilet, or urinal shall be located in a room used for other than toilet purposes.   c. A toilet room shall be located within two hundred feet of each sleeping room. No privy existing on May 23, 1969, shall be nearer than fifty feet from any sleeping room, dining room, lunch area, or kitchen. No privy constructed after May 23, 1969, shall be nearer than one hundred feet from any sleeping room, dining room, lunch area, or kitchen.   d. Separate facilities shall be provided for men and women and such facilities shall be clearly marked by signs printed in English and in the native language of the persons occupying the camp, or marked with easily understood pictures or symbols, when men and women, not members of the same immediate family, are housed in the same camp.   e. Where toilet facilities are shared, the number of water closets or privy seats provided for each sex shall be based on the maximum number of persons of that sex which the camp is designed to house at any one time, in the ratio of one unit for each fifteen persons, with a minimum of two units for any shared facility.   f. Urinals, constructed of nonabsorbent materials, may be substituted for mens toilet seats on the basis of one urinal or twenty-four inches of trough-type urinal for one toilet seat up to a maximum of one-third of the required toilet seats.   g. Each toilet room or facility shall be lighted naturally, or artificially, by a safe type of lighting at all hours of the day and night.   h. An adequate supply of toilet paper shall be provided in each privy, water closet, or chemical toilet compartment.   i. Toilet seats, privies, and toilet rooms or facilities shall be kept in a sanitary condition and cleaned daily.   j. Each privy shall have a pit initially at least five feet deep.   k. Privy pits shall be constructed and maintained so that flies cannot gain access to the human waste.   l. A privy pit shall not be filled with human waste to a point nearer than one foot from the surface of the ground; the human waste in the pit shall then be covered with earth, ashes, lime, or other similar material.   m. Seat openings in privies shall be covered with tight-fitting, hinged lids.   5. Sewage disposal facilities.   a. In camps where public sewers are available, all sewer lines and floor drains from buildings and shelters shall be connected to the sewers.   b. All human waste, sewage, or liquid waste from camps not discharged into public sewers shall be disposed of in accordance with the provisions of this chapter or the rules of the department.   6. Laundry, handwashing, and bathing facilities.   a. Laundry, handwashing, and bathing facilities shall be provided as follows:   (1) One handwash basin for each immediate family shelter or dwelling for every fifteen individuals or fraction thereof in shared facilities.   (2) One shower head for every fifteen or fraction thereof individuals. Separate facilities for men and women shall be provided in shared facilities.   (3) One laundry tray or tub for every twenty-five persons or fraction thereof.   (4) One slop sink in each building used for laundry, handwashing, or bathing.   b. Floors shall be of smooth finish but not of slippery materials and they shall be impervious to moisture. Floor drains shall be provided in all shower baths, shower rooms, or laundry rooms to remove waste water and facilitate cleaning. Junctions of the curbing and the floor shall be covered. Walls and partitions of shower rooms shall be smooth and impervious to moisture to the height of splash.   c. A supply of hot and cold running water conforming to the provisions of this chapter or the rules and regulations of the department shall be provided for bathing and laundry purposes.   d. Every service building used during periods requiring artificial heating shall be provided with equipment capable of maintaining a room temperature of at least 70 degrees Fahrenheit.   e. Facilities for drying clothes shall be provided.   f. Service buildings shall be kept clean.   g. Waste water shall be disposed of so as not to form pools on the ground nor create a nuisance, nor pollute any drinking water supply. Toilet drainage shall be carried through a covered drain into a covered septic tank that conforms to standards established by the department.   7. Lighting.   a. All housing sites, quarters, and shelters shall be provided with electric service.   b. Each habitable room and common use rooms, and areas including, but not limited to, laundry rooms, toilets, privies, hallways, and stairways shall contain adequate ceiling or wall-type light fixtures. At least one wall-type electrical convenience outlet shall be provided in each individual living room.   c. Adequate lighting shall be provided for the yard area and pathways to common use facilities.   d. All wiring and lighting fixtures shall be installed and maintained in a safe condition.   e. Where electric service is not available, gas lighting will be acceptable. Hallways and stairways to upper floors shall be lighted at night. Electric lighting shall be provided in all camps or additions to camps constructed after May 23, 1969.   8. Refuse disposal.   a. Durable, fly-tight, clean containers in good condition of a minimum capacity of twenty gallons, shall be provided adjacent to each housing unit or shelter for the storage of garbage and other refuse. Such containers shall be provided in a minimum ratio of one per fifteen persons or fraction thereof.   b. Provisions shall be made for collection of refuse at least twice a week, or more often if necessary.   c. The disposal of refuse shall be in accordance with state and local laws.   9. Construction and operation of kitchens, dining halls, and feeding facilities.   a. Every camp shall be provided with adequate gas stoves or electrical stoves for cooking.   b. Utensils in which food is prepared or kept, or from which food is to be eaten, and implements used in the preparation and eating of food shall be kept in a clean, unbroken, and sanitary condition.   c. Adequate refrigeration for perishable foods, cooked or raw, shall be provided in every kitchen or wherever food is prepared. Tables, benches, or chairs shall be provided.   d. Cooking of meals by an immediate family unit within its assigned living quarters may be permitted, provided that safe and adequate areas are available, but a separate kitchen in each shelter is desirable.   e. In camps where cooking facilities are used in common, stoves, in ratio of one stove to ten persons or one stove to two immediate families or fraction thereof, shall be provided in a central kitchen room or building separate and distinct from sleeping quarters and toilet facilities. Floors, walls, ceilings, tables and shelves of kitchens, dining rooms, refrigerators and food storage rooms shall be constructed so that they can always be maintained in a clean and sanitary condition. Exterior wall openings of all rooms shall be screened and rendered fly-tight at all times during the period that the camp is in operation. Screen doors shall be self-closing and installed to open outward from the area to be protected.   f. In camps where meals are furnished by the operator, manager, or concessionaire, the requirements of the department shall be met.   g. No person with any communicable or venereal disease shall be employed or permitted to work at preparation, cooking, serving, or other handling of food, foodstuffs, or other materials, in any kitchen or dining room operated in connection with a camp or regularly used by persons living in a camp.   10. Insect and rodent control.   a. Effective measures shall be taken to control rats, mice, flies, mosquitoes; bedbugs, and all other insects, rodents, and parasites within the camp premises.   b. Pesticides and pest control equipment shall be stored and used in a safe manner.   11. Safety and fire prevention.   a. No flammable or volatile liquids or materials shall be stored in or adjacent to rooms used for living purposes, except for those needed for current household use.   b. First aid facilities shall be provided and readily accessible for use at all times. Such facilities shall be equivalent to the sixteen unit first aid kit recommended by the American Red Cross, and provided in a ratio of one per fifty persons or fraction thereof.   c. Buildings and structures of a camp shall be maintained and used in accordance with state and local law relative to fire prevention.   d. Units of approved fire-extinguisher equipment shall be located so that a person will not have to travel more than one hundred feet from any point to reach the nearest unit, and at least one unit shall be provided for each one thousand square feet of floor space or fraction thereof.   e. Appliances of the type, number, and size indicated below shall constitute one unit of fire-extinguisher equipment:   (1) Soda and acid. One appliance of two and one-half gallon capacity, or two appliances of one and one-half gallon capacity in each appliance.   (2) Foam. One appliance of two and one-half gallon capacity, or two appliances of one and one-half gallon capacity in each appliance.   (3) Water type. One stored pressure appliance of two and one-half gallon capacity, or two pump-type appliances of five gallon capacity.   f. Fire fighting equipment shall be maintained in good operating condition so that it may be used instantly when the need arises.   g. Adult occupants shall be properly instructed in fire prevention and in the proper use of equipment.   h. Agricultural pesticides and toxic chemicals shall not be stored in the housing area.  [C71, 73, 75, 77, 79, 81, 138.13]  2013 Acts, ch 30, 35, 36 
138.14 Communicable diseases reported.   The camp operator shall report immediately to the local board of health the name and address of any individual in the camp known to have or suspected of having a communicable disease. Whenever there shall occur in any camp, or portion thereof, a case of suspected food poisoning or an unusual prevalence of any illness in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom, the camp operator shall report immediately the existence of the condition to the local board of health and the director.  [C71, 73, 75, 77, 79, 81, 138.14] 
138.15 Notice of intent to construct or alter a camp.   Any person who is planning to construct, reconstruct, or enlarge a camp or any portion thereof, or facility of a camp, or to convert a property for use or occupancy as a camp, shall give notice in writing of the persons intent to do so to the director at least fifteen days prior to the date of the commencement of any major construction, reconstruction, enlargement, or conversion. The notice shall give the name of the city, village, and county in which the property is located; the location of the property within that area; a brief description of the proposed major construction, reconstruction, enlargement, or conversion; the name and mailing address of the person giving such notice; and the persons telephone number. The director, upon receipt of such notice, shall promptly send to such person by ordinary mail a copy of this chapter and all rules of the department applicable to migrant labor camps.  [C71, 73, 75, 77, 79, 81, 138.15] 
138.16 Cleanliness and repair required.   Every migrant or inhabitant of a migrant labor camp shall use the sanitary and other facilities provided and shall keep that part of the living quarters or shelter which the migrants or inhabitants immediate family occupies and controls as well as the premises immediately adjacent thereto in a clean condition comparable to normal domestic standards. Every camp operator or permit holder shall be responsible for the providing of and proper maintenance and repair of the premises, all shelters, structures, facilities, and service buildings of the camp, or portion thereof, for which the camp operator or permit holder was issued a permit as well as proper garbage and refuse collection, privy openings and closings, maintenance of water supply, pest and rodent control, toilet facilities, sewage disposal, laundry, handwashing and bathing facilities, lighting, operation of common kitchens, dining halls, and feeding facilities, and safety and fire prevention.  [C71, 73, 75, 77, 79, 81, 138.16] 
138.17 Rental charges or wage deductions.   A rental charge or deduction from any wages due a migrant shall not be made by any camp operator or person for providing any of the facilities required by this chapter unless such migrant is fully informed of all such rental charges or deductions to be made prior to the time the migrant contracts for employment as an agricultural or migrant worker.  [C71, 73, 75, 77, 79, 81, 138.17] 
138.18 Rules promulgated.   The director shall make such rules necessary for carrying out the purposes and provisions of this chapter, subject to the requirements of chapter 17A.  [C71, 73, 75, 77, 79, 81, 138.18] 
138.19 Penalties.   Any person failing to comply with any provision of this chapter, or with any rule or order issued pursuant to the provisions of this chapter, or interfering with, impeding, or obstructing in any manner, the director, department, or any of its employees in the performance of official duties pursuant to this chapter, shall be guilty of a simple misdemeanor. If any person further fails to comply with any provisions of this chapter, or with any rule or order issued pursuant to the provisions of this chapter, the director shall enforce such provision, rule, or order by filing an action for injunction against such person in the district court in the county wherein such violation or violations occur.  [C71, 73, 75, 77, 79, 81, 138.19] 
138.2 Permit required.   No person shall establish, maintain, or operate a migrant labor camp, or portion thereof, directly or indirectly, until the person has obtained a permit to operate such camp from the department and unless the permit is in full force and effect and is posted and remains posted in the camp, or portion thereof, to which it applies at all times during the maintenance and operation of such camp.  [C71, 73, 75, 77, 79, 81, 138.2] 
138.3 Written application.   Written application to operate a migrant labor camp, or portion thereof, shall be made to the department upon forms approved by the department at least sixty days prior to the first day of the intended operation of such camp. The application shall state the name and address of the person requesting a permit; and name and address of the owner of the camp, or portion thereof; approximate number of persons to be lodged in such camp; approximate period during which the migrant labor camp, or portion thereof, is to be operated; the location of such camp, or portion thereof; and any other information required by the department. A separate application shall be submitted for each camp, or portion thereof, and a separate permit shall be issued annually for each such camp, or portion thereof.  [C71, 73, 75, 77, 79, 81, 138.3] 
138.4 Permit not assignable.   If the department finds, after investigation, that the migrant labor camp, or portion thereof, conforms to the minimum standards required by this chapter, it shall issue a permit for operation of such camp, or portion thereof. A permit shall not be assignable or transferable. It shall expire one year after the date of issuance, or upon a change of operator of the camp or upon revocation.  [C71, 73, 75, 77, 79, 81, 138.4] 
138.5 Revocation or suspension of permit.   If the holder of any permit under the provisions of this chapter fails to maintain and operate a migrant labor camp in accordance with the provisions of this chapter and the rules of the department relating thereto, the director shall revoke or suspend the permit for the operation and maintenance of such camp.  [C71, 73, 75, 77, 79, 81, 138.5] 
138.6 Notice of intention.   The director shall serve written notice upon the holder of the permit, by restricted certified mail, return receipt requested, specifying the manner in which the holder of the permit has failed to comply with the provisions of this chapter or any rules of the department and shall fix a reasonable time within which the objectionable condition or conditions must be removed or corrected. If the holder of the permit fails to remove or correct such objectionable condition or conditions within the time fixed by the director, the director shall revoke or suspend such permit. However, if the objectionable condition or conditions endanger the health, safety, or welfare of any inhabitants of a migrant labor camp, the director shall immediately suspend or revoke such permit.  [C71, 73, 75, 77, 79, 81, 138.6] 
138.7 Appeal to director.   When any person applying for a permit to operate a migrant labor camp is denied a permit, or when a permit is suspended or revoked, such person may appeal such denial, suspension, or revocation to the director. The director, after reasonable notice to all interested parties, shall hold a hearing upon such denial, suspension, or revocation. At the hearing all parties involved shall be entitled to be present and represented by counsel and to present such evidence as they desire as to why a permit should, or should not, be issued, suspended, or revoked. The director shall render a decision within thirty days after the termination of the hearing, and a copy of the decision shall be sent by restricted certified mail, return receipt requested, to all parties given notice of the appeal and hearing. Notice of appeal shall be sent in writing to the department by restricted certified mail, return receipt requested, by the aggrieved party. In the event such appeal is taken from a notice of suspension or revocation, such appeal shall be made prior to the date set for such suspension or revocation.  [C71, 73, 75, 77, 79, 81, 138.7] 
138.8 Place  evidence  record.   The hearing shall be conducted at the office of the department or at such other place convenient for the aggrieved party or for the attendance of witnesses and receipt of evidence. The director, when requested in writing by any party to the appeal, shall compel by subpoena the attendance and testimony of witnesses and the production of books, papers, and documents. All testimony and evidence shall be received under oath administered by the director. In the event any party fails to attend who has been properly served with a subpoena, application shall be made to the district court in the county where such hearing is to be held, to enforce the subpoena issued by the director. The director shall cause a record of the proceedings at the hearing to be kept and shall provide any interested party to the hearing a transcript of the evidence presented, upon payment of the cost thereof. The hearing may be continued from time to time at the discretion of the director.  [C71, 73, 75, 77, 79, 81, 138.8] 
138.9 Liberal rules to prevail.   Technical errors in the proceeding or failure to observe the technical rules of evidence shall not constitute grounds for reversal of any decision unless it shall appear to the reviewing court that such error or failure materially affects the rights of any party and results in substantial injustice to any interested party.  [C71, 73, 75, 77, 79, 81, 138.9] 
CHAPTER 139  COMMUNICABLE AND REPORTABLE DISEASES AND POISONINGS  Repealed by  2000 Acts, ch 1066, 51  ; see chapter 139A 
139A.1 Title.   This chapter shall be known as the Communicable and Infectious Disease Reporting and Control Act.  2000 Acts, ch 1066, 1 
139A.10 Fees for removing.   The officers designated shall receive reasonable compensation for their services as determined by the local board. The amount determined shall be certified and paid in the same manner as other expenses incurred under this chapter.  2000 Acts, ch 1066, 10; 2002 Acts, ch 1119, 133 
139A.11 Services and supplies  isolation  quarantine.   If the person under isolation or quarantine or the person liable for the support of the person, in the opinion of the local board, is financially unable to secure proper care, provisions, or medical attendance, the local board shall furnish supplies and services during the period of isolation or quarantine and may delegate the duty, by rules, to one of its designated officers.  2000 Acts, ch 1066, 11 
139A.12 County liability for care, provisions, and medical attendance.   The local board shall provide proper care, provisions, and medical attendance for any person removed and isolated or quarantined in a separate house or hospital for detention and treatment, and the care, provisions, and medical attendance shall be paid for by the county in which the infected person has residence, if the patient or legal guardian is unable to pay.  2000 Acts, ch 1066, 12; 2018 Acts, ch 1137, 23 
139A.13 Rights of isolated or quarantined persons.   Any person removed and isolated or quarantined in a separate house or hospital may, at the persons own expense, employ the health care provider of the persons choice, and may provide such supplies and commodities as the person may require.  2000 Acts, ch 1066, 13 
139A.13A Employment protection.   1. An employer shall not discharge an employee, or take or fail to take action regarding an employees promotion or proposed promotion, or take action to reduce an employees wages or benefits for actual time worked, due to the compliance of an employee with a quarantine or isolation order or voluntary confinement request issued by the department, a local board, or the centers for disease control and prevention of the United States department of health and human services.   2. An employee whose employer violates this section may petition the court for imposition of a cease and desist order against the persons employer and for reinstatement to the persons previous position of employment. This section does not create a private cause of action for relief of money damages.  2006 Acts, ch 1184, 85; 2007 Acts, ch 159, 25 
139A.14 Services or supplies  authorization.   All services or supplies furnished to persons under this chapter must be authorized by the local board or an officer of the local board, and a written order designating the person employed to furnish such services or supplies, issued before the services or supplies are furnished, shall be attached to the bill when presented for audit and payment.  2000 Acts, ch 1066, 14 
139A.15 Filing of bills.   All bills incurred under this chapter in establishing, maintaining, and terminating isolation and quarantine, in providing a necessary house or hospital for isolation or quarantine, and in making terminal cleanings, shall be filed with the local board. The local board at its next regular meeting or special meeting called for this purpose shall examine and audit the bills and, if found correct, approve and certify the bills to the county board of supervisors for payment.  2000 Acts, ch 1066, 15 
139A.16 Allowing claims.   All bills for supplies furnished and services rendered for persons removed and isolated or quarantined in a separate house or hospital, or for persons financially unable to provide their own sustenance and care during isolation or quarantine, shall be allowed and paid for only on a basis of the local market price for such provisions, services, and supplies in the locality furnished. A bill for the terminal cleaning of premises or effects shall not be allowed, unless the infected person or those liable for the persons support are financially unable to pay.  2000 Acts, ch 1066, 16 
139A.17 Approval and payment of claims.   The board of supervisors is not bound by the action of the local board in approving the bills, but shall pay the bills for a reasonable amount and within a reasonable time.  2000 Acts, ch 1066, 17 
139A.18 Reimbursement from county.   If any person receives services or supplies under this chapter who does not have residence in the county in which the bills were incurred and paid, the amount paid shall be certified to the board of supervisors of the county in which the person claims residence or owns property, and the board of supervisors of that county shall reimburse the county from which the claim is certified, in the full amount originally paid.  2000 Acts, ch 1066, 18; 2018 Acts, ch 1137, 24; 2019 Acts, ch 59, 50  Referred to in 252.24 
139A.19 Care provider notification.   1. a. Notwithstanding any provision of this chapter to the contrary, if a care provider sustains a significant exposure from an individual while rendering health care services or other services, the individual to whom the care provider was exposed is deemed to consent to a test to determine if the individual has a contagious or infectious disease and is deemed to consent to notification of the care provider of the results of the test, upon submission of a significant exposure report by the care provider to the hospital, clinic, other health facility, or other person specified in this section to whom the individual is delivered by the care provider as determined by rule.   b. The hospital, clinic, or other health facility in which the significant exposure occurred or other person specified in this section to whom the individual is delivered shall conduct the test. If the individual is delivered by the care provider to an institution administered by the Iowa department of corrections, the test shall be conducted by the staff physician of the institution. If the individual is delivered by the care provider to a jail, the test shall be conducted by the attending physician of the jail or the county medical examiner. The sample and test results shall only be identified by a number.   c. A hospital, clinic, or other health facility, institutions administered by the department of corrections, and jails shall have written policies and procedures for notification of a care provider under this section. The policies and procedures shall include designation of a representative of the care provider to whom notification shall be provided and who shall, in turn, notify the care provider. The identity of the designated representative of the care provider shall not be revealed to the individual tested. The designated representative shall inform the hospital, clinic, or other health facility, institution administered by the department of corrections, or jail of those parties who received the notification, and following receipt of this information and upon request of the individual tested, the hospital, clinic, or other health facility, institution administered by the department of corrections, or jail shall inform the individual of the parties to whom notification was provided.   d. Notwithstanding any other provision of law to the contrary, a care provider may transmit cautions regarding contagious or infectious disease information, with the exception of AIDS or HIV pursuant to section 80.9B, in the course of the care providers duties over the police radio broadcasting system under chapter 693 or any other radio-based communications system if the information transmitted does not personally identify an individual.   2. a. If the test results are positive, the hospital, clinic, other health facility, or other person performing the test shall notify the subject of the test and make any required reports to the department pursuant to sections 139A.3 and 141A.6. The report to the department shall include the name of the individual tested.   b. If the individual tested is diagnosed or confirmed as having a contagious or infectious disease, the hospital, clinic, other health facility, or other person conducting the test shall notify the care provider or the designated representative of the care provider who shall then notify the care provider.   c. The notification to the care provider shall be provided as soon as is reasonably possible following determination that the subject of the test has a contagious or infectious disease. The notification shall not include the name of the individual tested for the contagious or infectious disease unless the individual consents. If the care provider who sustained a significant exposure determines the identity of the individual diagnosed or confirmed as having a contagious or infectious disease, the identity of the individual shall be confidential information and shall not be disclosed by the care provider to any other person unless a specific written release is obtained from the individual diagnosed with or confirmed as having a contagious or infectious disease.   3. This section does not preclude a hospital, clinic, other health facility, or a health care provider from providing notification to a care provider under circumstances in which the hospitals, clinics, other health facilitys, or health care providers policy provides for notification of the hospitals, clinics, other health facilitys, or health care providers own employees of exposure to a contagious or infectious disease that is not life-threatening if the notice does not reveal a patients name, unless the patient consents.   4. A hospital, clinic, other health facility, or health care provider, or other person participating in good faith in complying with provisions authorized or required under this section is immune from any liability, civil or criminal, which might otherwise be incurred or imposed.   5. A hospitals, clinics, other health facilitys, or health care providers duty to notify under this section is not continuing but is limited to a diagnosis of a contagious or infectious disease made in the course of admission, care, and treatment following the rendering of health care services or other services to the individual who was the source of the significant exposure.   6. Notwithstanding subsection 5, the hospital, clinic, or other health facility may provide a procedure for notifying the exposed care provider if, following discharge from or completion of care or treatment by the hospital, clinic, or other health facility, the individual who was the source of the significant exposure, and for whom a significant exposure report was submitted that did not result in notification of the exposed care provider, wishes to provide information regarding the source individuals contagious or infectious disease status to the exposed care provider.   7. A hospital, clinic, other health facility, health care provider, or other person who is authorized to perform a test under this section who performs the test in compliance with this section or who fails to perform the test authorized under this section, is immune from any liability, civil or criminal, which might otherwise be incurred or imposed.   8. A hospital, clinic, other health facility, health care provider, or other person who is authorized to perform a test under this section has no duty to perform the test authorized.   9. The department shall adopt rules pursuant to chapter 17A to administer this section. The department may determine by rule the contagious or infectious diseases for which testing is reasonable and appropriate and which may be administered under this section.   10. The employer of a care provider who sustained a significant exposure under this section shall pay the costs of testing for the individual who is the source of the significant exposure and of the testing of the care provider, if the significant exposure was sustained during the course of employment. However, the department shall assist an individual who is the source of the significant exposure in finding resources to pay for the costs of the testing and shall assist a care provider who renders direct aid without compensation in finding resources to pay for the cost of the test.  2000 Acts, ch 1066, 19; 2001 Acts, ch 157, 4; 2011 Acts, ch 63, 20; 2011 Acts, ch 131, 54, 158 
139A.2 Definitions.   For purposes of this chapter, unless the context otherwise requires:   1. Area quarantine means prohibiting ingress and egress to and from a building or buildings, structure or structures, or other definable physical location, or portion thereof, to prevent or contain the spread of a suspected or confirmed quarantinable disease or to prevent or contain exposure to a suspected or known chemical, biological, radioactive, or other hazardous or toxic agent.   2. Business means and includes every trade, occupation, or profession.   3. Care provider means an individual who is trained and authorized by federal or state law to provide health care services or services of any kind in the course of the individuals official duties, for compensation or in a voluntary capacity, who is a health care provider, emergency medical care provider as defined in section 147A.1, fire fighter, or peace officer. Care provider also means an individual who renders emergency care or assistance in an emergency or due to an accident as described in section 613.17.   4. Communicable disease means any disease spread from person to person or animal to person.   5. Contagious or infectious disease means hepatitis in any form, meningococcal disease, AIDS or HIV as defined in section 141A.1, tuberculosis, and any other disease determined to be life-threatening to a person exposed to the disease as established by rules adopted by the department, based upon a determination by the state epidemiologist and in accordance with guidelines of the centers for disease control and prevention of the United States department of health and human services.   6. Department means the Iowa department of public health.   7. Designated officer means a person who is designated by a department, agency, division, or service organization to act as an infection control liaison officer.   8. Exposure means a specific eye, mouth, other mucous membrane, nonintact skin, or parenteral contact with blood or other potentially infectious bodily fluids.   9. Exposure-prone procedure means a procedure performed by a health care provider which presents a recognized risk of percutaneous injury to the health care provider and if such an injury occurs, the health care providers blood is likely to contact a patients body cavity, subcutaneous tissues, or mucous membranes, or an exposure-prone procedure as defined by the centers for disease control and prevention of the United States department of health and human services.   10. HBV means hepatitis B virus.   11. Health care facility means a health care facility as defined in section 135C.1, an ambulatory surgical center, or a clinic.   12. Health care provider means a person licensed to practice medicine and surgery, osteopathic medicine and surgery, chiropractic, podiatry, nursing, dentistry, optometry, or as a physician assistant, dental hygienist, or acupuncturist.   13. HIV means HIV as defined in section 141A.1.   14. Hospital means hospital as defined in section 135B.1.   15. Isolation means the separation of persons or animals presumably or actually infected with a communicable disease or who are disease carriers for the usual period of communicability of that disease in such places, marked by placards if necessary, and under such conditions as will prevent the direct or indirect conveyance of the infectious agent or contagion to susceptible persons.   16. Local board means the local board of health.   17. Local department means the local health department.   18. Placard means a warning sign to be erected and displayed on the periphery of a quarantine area, forbidding entry to or exit from the area.   19. Public health disaster means public health disaster as defined in section 135.140.   20. Quarantinable disease means any communicable disease designated by rule adopted by the department as requiring quarantine or isolation to prevent its spread.   21. Quarantine means the limitation of freedom of movement of persons or animals that have been exposed to a quarantinable disease within specified limits marked by placards for a period of time equal to the longest usual incubation period of the disease in such manner as to prevent the spread of a quarantinable disease which affects people.   22. Reportable disease means any disease designated by rule adopted by the department requiring its occurrence to be reported to an appropriate authority.   23. Sexually transmitted disease or infection means a disease or infection as identified by rules adopted by the department, based upon a determination by the state epidemiologist and in accordance with guidelines of the centers for disease control and prevention of the United States department of health and human services.   24. Significant exposure means a situation in which there is a risk of contracting disease through exposure to a persons infectious bodily fluids in a manner capable of transmitting an infectious agent as determined by the centers for disease control and prevention of the United States department of health and human services and adopted by rule of the department.   25. Terminal cleaning means cleaning procedures defined in the isolation guidelines issued by the centers for disease control and prevention of the United States department of health and human services.  2000 Acts, ch 1066, 2; 2001 Acts, ch 24, 29; 2001 Acts, ch 157, 1  3; 2003 Acts, ch 33, 9, 11; 2004 Acts, ch 1168, 6; 2006 Acts, ch 1079, 2; 2008 Acts, ch 1088, 141; 2011 Acts, ch 63, 18, 19  Referred to in 135.144, 141A.9, 356.48 
139A.20 Exposing to communicable disease.   A person who knowingly exposes another to a communicable disease or who knowingly subjects another to a child or other legally incapacitated person who has contracted a communicable disease, with the intent that another person contract the communicable disease, shall be liable for all resulting damages and shall be punished as provided in this chapter.  2000 Acts, ch 1066, 20 
139A.21 Reportable poisonings and illnesses.   1. If the results of an examination by a public, private, or hospital clinical laboratory of a specimen from a person in Iowa yield evidence of or are reactive for a reportable poisoning or a reportable illness from a toxic agent, including methemoglobinemia, the results shall be reported to the department on forms prescribed by the department. If the laboratory is located in Iowa, the person in charge of the laboratory shall report the results. If the laboratory is not in Iowa, the health care provider submitting the specimen shall report the results.   2. The health care provider attending a person infected with a reportable poisoning or a reportable illness from a toxic agent, including methemoglobinemia, shall immediately report the case to the department. The department shall publish and distribute instructions concerning the method of reporting. Reports shall be made in accordance with rules adopted by the department.   3. A person in charge of a poison control information center shall report to the department cases of reportable poisoning, including methemoglobinemia, about which inquiries have been received.   4. The department shall adopt rules designating reportable poisonings, including methemoglobinemia, and illnesses which must be reported under this section.   5. The department shall establish and maintain a central registry to collect and store data reported pursuant to this section.   6. The department shall timely provide copies of all reports of pesticide poisonings or illnesses received pursuant to this section to the secretary of agriculture who shall timely forward these reports and any reports of pesticide poisonings or illnesses received pursuant to section 206.14 to the registrant of a pesticide which is the subject of any reports.  2000 Acts, ch 1066, 21; 2009 Acts, ch 41, 49; 2012 Acts, ch 1095, 130  Referred to in 135.11, 455E.11 
139A.22 Prevention of transmission of HIV or HBV to patients.   1. A hospital shall adopt procedures requiring the establishment of protocols applicable on a case-by-case basis to a health care provider determined to be infected with HIV or HBV who ordinarily performs exposure-prone procedures as determined by an expert review panel, within the hospital setting. The protocols established shall be in accordance with the recommendations issued by the centers for disease control and prevention of the United States department of health and human services. The expert review panel may be an established committee of the hospital. The procedures may provide for referral of the health care provider to the expert review panel established by the department pursuant to subsection 3 for establishment of the protocols. The procedures shall require reporting noncompliance with the protocols by a health care provider to the licensing board with jurisdiction over the relevant health care providers.   2. A health care facility shall adopt procedures in accordance with recommendations issued by the centers for disease control and prevention of the United States department of health and human services, applicable to a health care provider determined to be infected with HIV or HBV who ordinarily performs or assists with exposure-prone procedures within the health care facility. The procedures shall require referral of the health care provider to the expert review panel established by the department pursuant to subsection 3.   3. The department shall establish an expert review panel to determine on a case-by-case basis under what circumstances, if any, a health care provider determined to be infected with HIV or HBV practicing outside the hospital setting or referred to the panel by a hospital or health care facility may perform exposure-prone procedures. If a health care provider determined to be infected with HIV or HBV does not comply with the determination of the expert review panel, the panel shall report the noncompliance to the licensing board with jurisdiction over the health care provider. A determination of an expert review panel pursuant to this section is a final agency action appealable pursuant to section 17A.19.   4. The health care provider determined to be infected with HIV or HBV, who works in a hospital setting, may elect either the expert review panel established by the hospital or the expert review panel established by the department for the purpose of making a determination of the circumstances under which the health care provider may perform exposure-prone procedures.   5. A health care provider determined to be infected with HIV or HBV shall not perform an exposure-prone procedure except as approved by the expert review panel established by the department pursuant to subsection 3, or in compliance with the protocol established by the hospital pursuant to subsection 1 or the procedures established by the health care facility pursuant to subsection 2.   6. The board of medicine, the board of physician assistants, the board of podiatry, the board of nursing, the dental board, and the board of optometry shall require that licensees comply with the recommendations issued by the centers for disease control and prevention of the United States department of health and human services for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive procedures, with the recommendations of the expert review panel established pursuant to subsection 3, with hospital protocols established pursuant to subsection 1, and with health care facility procedures established pursuant to subsection 2, as applicable.   7. Information relating to the HIV status of a health care provider is confidential and subject to the provisions of section 141A.9. A person who intentionally or recklessly makes an unauthorized disclosure of such information is subject to a civil penalty of one thousand dollars. The attorney general or the attorney generals designee may maintain a civil action to enforce this section. Proceedings maintained under this section shall provide for the anonymity of the health care provider and all documentation shall be maintained in a confidential manner. Information relating to the HBV status of a health care provider is confidential and shall not be accessible to the public. Information regulated by this section, however, may be disclosed to members of the expert review panel established by the department or a panel established by hospital protocol under this section. The information may also be disclosed to the appropriate licensing board by filing a report as required by this section. The licensing board shall consider the report a complaint subject to the confidentiality provisions of section 272C.6. A licensee, upon the filing of a formal charge or notice of hearing by the licensing board based on such a complaint, may seek a protective order from the board.   8. The expert review panel established by the department and individual members of the panel shall be immune from any liability, civil or criminal, for reasonable actions taken in the good faith performance of functions authorized or required by this section. A hospital, an expert review panel established by the hospital, and individual members of the panel shall be immune from any liability, civil or criminal, for reasonable actions taken in the good faith performance of functions authorized or required by this section. Complaints, investigations, reports, deliberations, and findings of the hospital and its panel with respect to a named health care provider suspected, alleged, or found to be in violation of the protocol required by this section constitute peer review records under section 147.135, and are subject to the specific confidentiality requirements and limitations of that section.  2000 Acts, ch 1066, 22; 2001 Acts, ch 24, 30; 2007 Acts, ch 10, 25; 2007 Acts, ch 218, 196  Referred to in 139A.23  Contingent repeal, see 139A.23 
139A.23 Contingent repeal.   If the provisions of Pub. L. No. 102-141 relating to requirements for prevention of transmission of HIV or HBV to patients in the performance of exposure-prone procedures are repealed, section 139A.22 is repealed.  2000 Acts, ch 1066, 23 
139A.24 Blood donation or sale  penalty.   A person suffering from a communicable disease dangerous to the public health who knowingly gives false information regarding the persons infected state on a blood plasma sale application to blood plasma-taking personnel commits a serious misdemeanor.  2000 Acts, ch 1066, 24 
139A.25 Penalties.   1. Unless otherwise provided in this chapter, a person who knowingly violates any provision of this chapter, or of the rules of the department or a local board, or any lawful order, written or oral, of the department or board, or of their officers or authorized agents, is guilty of a simple misdemeanor.   2. Notwithstanding subsection 1, an individual who repeatedly fails to file any mandatory report specified in this chapter is subject to a report being made to the licensing board governing the professional activities of the individual. The department shall notify the individual each time that the department determines that the individual has failed to file a required report. The department shall inform the individual in the notification that the individual may provide information to the department to explain or dispute the failure to report.   3. Notwithstanding subsection 1, a public, private, or hospital clinical laboratory that repeatedly fails to file a mandatory report specified in this chapter is subject to a civil penalty of not more than one thousand dollars per occurrence. The department shall not impose the penalty under this subsection without prior written notice and opportunity for hearing.  2000 Acts, ch 1066, 25  Referred to in 139A.40 
139A.26 Meningococcal disease vaccination information for postsecondary students.   1. Each institution of higher education that has an on-campus residence hall or dormitory shall provide vaccination information on meningococcal disease to each student enrolled in the institution. The vaccination information shall be contained on student health forms provided to each student by the institution, which forms shall include space for the student to indicate whether or not the student has received the vaccination against meningococcal disease. The vaccination information about meningococcal disease shall include any recommendations issued by the national centers for disease control and prevention regarding the disease. Vaccination information obtained under this section that is in the possession of an institution of higher education pursuant to this section shall not be considered a public record. Data obtained under this section shall be submitted annually to the department in a manner prescribed by the department and such that no individual person can be identified.   2. This section shall not be construed to require any institution of higher education to provide the vaccination against meningococcal disease to students.   3. This section shall not apply if the national centers for disease control and prevention no longer recommend the meningococcal disease vaccine.   4. This section does not create a private right of action.   5. The department shall adopt rules for administration of this section. The department shall review the requirements of this section at least every five years, and shall submit its recommendations for modification to, or continuation of, this section based upon new information about the disease or vaccination against the disease in a report that shall be submitted to the general assembly no later than January 15, 2010, with subsequent reports developed and submitted by January 15 at least every fifth year thereafter.  2004 Acts, ch 1023, 1 
139A.3 Reports to department  immunity  confidentiality  investigations.   1. The health care provider or public, private, or hospital clinical laboratory attending a person infected with a reportable disease shall immediately report the case to the department. However, when a case occurs within the jurisdiction of a local health department, the report shall be made to the local department and to the department. A health care provider or public, private, or hospital clinical laboratory who files such a report which identifies a person infected with a reportable disease shall assist in the investigation by the department, a local board, or a local department. The department shall publish and distribute instructions concerning the method of reporting. Reports shall be made in accordance with rules adopted by the department and shall require inclusion of all the following information:   a. The patients name.   b. The patients address.   c. The patients date of birth.   d. The sex of the patient.   e. The race and ethnicity of the patient.   f. The patients marital status.   g. The patients telephone number.   h. The name and address of the laboratory.   i. The date the test was found to be positive and the collection date.   j. The name of the health care provider who performed the test.   k. If the patient is female, whether the patient is pregnant.   2. a. Any person who, acting reasonably and in good faith, files a report, releases information, or otherwise cooperates with an investigation under this chapter is immune from any liability, civil or criminal, which might otherwise be incurred or imposed for such action.   b. A report or other information provided to or maintained by the department, a local board, or a local department, which identifies a person infected with or exposed to a reportable or other disease or health condition, is confidential and shall not be accessible to the public.   c. Notwithstanding paragraph b, information contained in the report may be reported in public health records in a manner which prevents the identification of any person or business named in the report. If information contained in the report concerns a business, information disclosing the identity of the business may be released to the public when the state epidemiologist or the director of public health determines such a release of information necessary for the protection of the health of the public.   3. A health care provider or public, private, or hospital clinical laboratory shall provide the department, local board, or local department with all information reasonably necessary to conduct an investigation pursuant to this chapter upon request of the department, local board, or local department. The department may also subpoena records, reports, and any other evidence necessary to conduct an investigation pursuant to this chapter from other persons, facilities, and entities pursuant to rules adopted by the department.  2000 Acts, ch 1066, 3; 2006 Acts, ch 1079, 3, 4  Referred to in 139A.19 
139A.30 Confidential reports.   1. Reports to the department which include the identity of persons infected with a sexually transmitted disease or infection, and all such related information, records, and reports concerning the person, shall be confidential and shall not be accessible to the public.   2. Notwithstanding subsection 1, reports to the department and related reports, information, and records shall be confidential only to the extent necessary to prevent identification of persons named in such reports, information, and records. The other parts of such reports, information, and records shall be public records. This subsection shall prevail over any inconsistent provision of this subchapter.  2000 Acts, ch 1066, 26; 2002 Acts, ch 1119, 134; 2019 Acts, ch 59, 51  Referred to in 232.69 
139A.31 Report to department.   Immediately after the first examination or treatment of any person infected with any sexually transmitted disease or infection, the health care provider who performed the examination or treatment shall transmit to the department a report stating the name of the infected person, the address of the infected person, the infected persons date of birth, the sex of the infected person, the race and ethnicity of the infected person, the infected persons marital status, the infected persons telephone number, if the infected person is female, whether the infected person is pregnant, the name and address of the laboratory that performed the test, the date the test was found to be positive and the collection date, and the name of the health care provider who performed the test. However, when a case occurs within the jurisdiction of a local health department, the report shall be made directly to the local health department which shall immediately forward the information to the department. Reports shall be made in accordance with rules adopted by the department. Reports shall be confidential. Any person filing a report of a sexually transmitted disease or infection who is acting reasonably and in good faith is immune from any liability, civil or criminal, which might otherwise be incurred or imposed as a result of such report.  2000 Acts, ch 1066, 27 
139A.32 Examination results from laboratory  report.   A person in charge of a public, private, or hospital clinical laboratory shall report to the department, on forms prescribed by the department, results obtained in the examination of all specimens which yield evidence of or are reactive for those diseases defined as sexually transmitted diseases or infections, and listed in the Iowa administrative code. The report shall state the name of the infected person from whom the specimen was obtained, the address of the infected person, the infected persons date of birth, the sex of the infected person, the race and ethnicity of the infected person, the infected persons marital status, the infected persons telephone number, if the infected person is female, whether the infected person is pregnant, the name and address of the laboratory that performed the test, the laboratory results, the test employed, the date the test was found to be positive and the collection date, the name of the health care provider who performed the test, and the name and address of the person submitting the specimen.  2000 Acts, ch 1066, 28 
139A.33 Partner notification program.   1. The department shall maintain a partner notification program for persons known to have tested positive for a reportable sexually transmitted disease or infection.   2. In administering the program, the department shall provide for all of the following:   a. A person who voluntarily participates in the program shall receive post-test counseling during which time the person shall be encouraged to refer for counseling and testing any person with whom the person has had sexual relations or has shared drug injecting equipment.   b. The physician or other health care provider attending the person may provide to the department any relevant information provided by the person regarding any person with whom the tested person has had sexual relations or has shared drug injecting equipment.   3. The department may delegate its partner notification duties under this section to local health authorities or a physician or other health care provider, as provided by rules adopted by the department.   4. In making contact with sexual or drug equipment-sharing partners, the department or its designee shall not disclose the identity of the person who provided the names of the persons to be contacted and shall protect the confidentiality of the persons contacted.   5. a. This section shall not be interpreted as creating a duty to warn third parties of the danger of exposure to a sexually transmitted disease or infection through contact with a person who tests positive for a sexually transmitted disease.   b. This section shall not be interpreted to require the department to provide partner notification services to all persons who have tested positive for a sexually transmitted disease or infection.  2000 Acts, ch 1066, 29; 2011 Acts, ch 63, 21 
139A.34 Examination of persons suspected.   The local board shall cause an examination to be made of every person reasonably suspected, on the basis of epidemiological investigation, of having any sexually transmitted disease or infection in the infectious stages to ascertain if such person is infected and, if infected, to cause such person to be treated. A person who is under the care and treatment of a health care provider for the suspected condition shall not be subjected to such examination. If a person suspected of having a sexually transmitted disease or infection refuses to submit to an examination voluntarily, application may be made by the local board to the district court for an order compelling the person to submit to examination and, if infected, to treatment. The person shall be treated until certified as no longer infectious to the local board or to the department. If treatment is ordered by the district court, the attending health care provider shall certify that the person is no longer infectious.  2000 Acts, ch 1066, 30 
139A.35 Minors.   A minor shall have the legal capacity to act and give consent to provision of medical care or services to the minor for the prevention, diagnosis, or treatment of a sexually transmitted disease or infection by a hospital, clinic, or health care provider. Such medical care or services shall be provided by or under the supervision of a physician licensed to practice medicine and surgery or osteopathic medicine and surgery, a physician assistant, or an advanced registered nurse practitioner. Consent shall not be subject to later disaffirmance by reason of such minority. The consent of another person, including but not limited to the consent of a spouse, parent, custodian, or guardian, shall not be necessary.  2000 Acts, ch 1066, 31; 2008 Acts, ch 1058, 11; 2008 Acts, ch 1088, 141 
139A.36 Certificate not to be issued.   A certificate of freedom from sexually transmitted disease or infection shall not be issued to any person by any official health agency.  2000 Acts, ch 1066, 32 
139A.37 Pregnant women.   The department shall adopt rules which incorporate the prenatal guidelines established by the centers for disease control and prevention of the United States department of health and human services as the state guidelines for prenatal testing and care relative to infectious disease.  2000 Acts, ch 1066, 33 
139A.38 Medical treatment of newly born.   A physician attending the birth of a child shall cause to be instilled into the eyes of the newly born infant a prophylactic solution approved by the department. This section shall not be construed to require treatment of the infants eyes with a prophylactic solution if the infants parent or legal guardian states that such treatment conflicts with the tenets and practices of a recognized religious denomination of which the parent or legal guardian is an adherent or member.  2000 Acts, ch 1066, 34 
139A.39 Religious exceptions.   A provision of this chapter shall not be construed to require or compel any person to take or follow a course of medical treatment prescribed by law or a health care provider if the person is an adherent or member of a church or religious denomination and in accordance with the tenets or principles of the persons church or religious denomination the person opposes the specific course of medical treatment. However, such person while in an infectious stage of disease shall be subject to isolation and such other measures appropriate for the prevention of the spread of the disease to other persons.  2000 Acts, ch 1066, 35 
139A.3A Investigation and control.   When the department receives a report under this chapter or acts on other reliable information that a person is infected with a disease, illness, or health condition that may be a potential cause of a public health disaster, the department shall identify all individuals reasonably believed to have been exposed to the disease, illness, or health condition and shall investigate all such cases for sources of infection and ensure that such cases are subject to proper control measures. Any hospital, health care provider, or other person may provide information, interviews, reports, statements, memoranda, records, or other data related to the condition and treatment of any individual, if not otherwise prohibited by the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, to the department to be used for the limited purpose of determining whether a public health disaster exists.  2003 Acts, ch 33, 10, 11 
139A.4 Type and length of isolation or quarantine.   1. The type and length of isolation or quarantine imposed for a specific communicable disease shall be in accordance with rules adopted by the department.   2. The department and the local boards may impose and enforce isolation and quarantine restrictions.   3. The department shall adopt rules governing terminal cleaning.   4. The department and local boards may impose and enforce area quarantine restrictions according to rules adopted by the department. Area quarantine shall be imposed by the least restrictive means necessary to prevent or contain the spread of the suspected or confirmed quarantinable disease or suspected or known hazardous or toxic agent.  2000 Acts, ch 1066, 4; 2006 Acts, ch 1079, 5 
139A.40 Filing false reports.   A person who knowingly makes a false statement in any of the reports required by this subchapter concerning persons infected with any sexually transmitted disease or infection, or who discloses the identity of such person, except as authorized by this subchapter, shall be punished as provided in section 139A.25.  2000 Acts, ch 1066, 36 
139A.41 Chlamydia and gonorrhea treatment.   Notwithstanding any other provision of law to the contrary, a physician, physician assistant, or advanced registered nurse practitioner who diagnoses a sexually transmitted chlamydia or gonorrhea infection in an individual patient may prescribe, dispense, furnish, or otherwise provide prescription oral antibiotic drugs to that patients sexual partner or partners without examination of that patients partner or partners. If the infected individual patient is unwilling or unable to deliver such prescription drugs to a sexual partner or partners, a physician, physician assistant, or advanced registered nurse practitioner may dispense, furnish, or otherwise provide the prescription drugs to the department or local disease prevention investigation staff for delivery to the partner or partners.  2008 Acts, ch 1058, 12 
139A.5 Isolation or quarantine signs erected.   When isolation or a quarantine is established, appropriate placards prescribed by the department shall be erected to mark the boundaries of the place of isolation or quarantine.  2000 Acts, ch 1066, 5 
139A.6 Communicable diseases.   If a person, whether or not a resident, is infected with a communicable disease dangerous to the public health, the local board shall issue orders in regard to the care of the person as necessary to protect the public health. The orders shall be executed by the designated officer as the local board directs or provides by rules.  2000 Acts, ch 1066, 6 
139A.7 Diseased persons moving  record forwarded.   If a person known to be suffering from a communicable disease dangerous to the public health moves from the jurisdiction of a local board into the jurisdiction of another local board, the local board from whose jurisdiction the person moves shall notify the local board into whose jurisdiction the person is moving.  2000 Acts, ch 1066, 7 
139A.8 Immunization of children.   1. A parent or legal guardian shall assure that the persons minor children residing in the state are adequately immunized against diphtheria, pertussis, tetanus, poliomyelitis, rubeola, rubella, and varicella, according to recommendations provided by the department subject to the provisions of subsections 3 and 4.   2. a. A person shall not be enrolled in any licensed child care center or elementary or secondary school in Iowa without evidence of adequate immunizations against diphtheria, pertussis, tetanus, poliomyelitis, rubeola, rubella, and varicella.   b. Evidence of adequate immunization against haemophilus influenza B and invasive pneumococcal disease shall be required prior to enrollment in any licensed child care center.   c. Evidence of hepatitis type B immunization shall be required of a child born on or after July 1, 1994, prior to enrollment in school in kindergarten or in a grade.   d. Immunizations shall be provided according to recommendations provided by the department subject to the provisions of subsections 3 and 4.   e. A person shall not be enrolled in school in the seventh grade or twelfth grade in Iowa without evidence of adequate immunization against meningococcal disease in accordance with standards approved by the United States public health service of the United States department of health and human services for such biological products and in accordance with immunization practices recommended by the advisory committee on immunization practices of the centers for disease control and prevention.   3. Subject to the provision of subsection 4, the state board of health may modify or delete any of the immunizations in subsection 2.   4. a. Immunization is not required for a persons enrollment in any elementary or secondary school or licensed child care center if either of the following applies:   (1) The applicant, or if the applicant is a minor, the applicants parent or legal guardian, submits to the admitting official a statement signed by a physician, advanced registered nurse practitioner, or physician assistant who is licensed by the board of medicine, board of nursing, or board of physician assistants that the immunizations required would be injurious to the health and well-being of the applicant or any member of the applicants family.   (2) The applicant, or if the applicant is a minor, the applicants parent or legal guardian, submits an affidavit signed by the applicant, or if the applicant is a minor, the applicants parent or legal guardian, stating that the immunization conflicts with the tenets and practices of a recognized religious denomination of which the applicant is an adherent or member.   b. The exemptions under this subsection do not apply in times of emergency or epidemic as determined by the state board of health and as declared by the director of public health.   5. A person may be provisionally enrolled in an elementary or secondary school or licensed child care center if the person has begun the required immunizations and if the person continues to receive the necessary immunizations as rapidly as is medically feasible. The department shall adopt rules relating to the provisional admission of persons to an elementary or secondary school or licensed child care center.   6. The local board shall furnish the department, within sixty days after the first official day of school, evidence that each person enrolled in any elementary or secondary school has been immunized as required in this section subject to subsection 4. The department shall adopt rules pursuant to chapter 17A relating to the reporting of evidence of immunization.   7. Local boards shall provide the required immunizations to children in areas where no local provision of these services exists.   8. The department, in consultation with the director of the department of education, shall adopt rules for the implementation of this section and shall provide those rules to local school boards and local boards.  2000 Acts, ch 1066, 8; 2003 Acts, ch 78, 1  3; 2007 Acts, ch 10, 24; 2007 Acts, ch 11, 1; 2009 Acts, ch 41, 263; 2016 Acts, ch 1139, 92; 2017 Acts, ch 29, 41  Referred to in 239B.12, 299.4 
139A.8A Vaccine shortage  department order  immunity.   1. In the event of a shortage of a vaccine, or in the event a vaccine shortage is imminent, the department may issue an order controlling, restricting, or otherwise regulating the distribution and administration of the vaccine. The order may designate groups of persons which shall receive priority in administration of the vaccine and may prohibit vaccination of persons who are not included in a priority designation. The order shall include an effective date, which may be amended or rescinded only through a written order of the department. The order shall be applicable to health care providers, hospitals, clinics, pharmacies, health care facilities, local boards of health, public health agencies, and other persons or entities that distribute or administer vaccines.   2. A health care provider, hospital, clinic, pharmacy, health care facility, local board of health, public health agency, or other person or entity that distributes or administers vaccines shall not be civilly liable in any action based on a failure or refusal to distribute or administer a vaccine to any person if the failure or refusal to distribute or administer the vaccine was consistent with a department order issued pursuant to this section.   3. The department shall adopt rules to administer this section.  2005 Acts, ch 89, 10 
139A.9 Forcible removal  isolation  quarantine.   The forcible removal and isolation or quarantine of any infected person shall be accomplished according to the rules and regulations of the local board or the rules of the state board of health.  2000 Acts, ch 1066, 9 
CHAPTER 139B  EMERGENCY CARE PROVIDERS  EXPOSURE TO DISEASE  Repealed by  2000 Acts, ch 1066, 51  ; see chapter 139A 
CHAPTER 139C  EXPOSURE-PRONE PROCEDURES  Repealed by  2000 Acts, ch 1066, 51  ; see chapter 139A 
CHAPTER 140  VENEREAL DISEASE CONTROL  Repealed by  2000 Acts, ch 1066, 51  ; see chapter 139A 
CHAPTER 141  ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS)  Repealed by  99 Acts, ch 181, 22  ; see chapter 141A 
141A.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. AIDS means acquired immune deficiency syndrome as defined by the centers for disease control and prevention of the United States department of health and human services.   2. AIDS-related conditions means any condition resulting from human immunodeficiency virus infection that meets the definition of AIDS as established by the centers for disease control and prevention of the United States department of health and human services.   3. Blinded epidemiological studies means studies in which specimens which were collected for other purposes are selected according to established criteria, are permanently stripped of personal identifiers, and are then tested.   4. Blood bank means a facility for the collection, processing, or storage of human blood or blood derivatives, including blood plasma, or from which or by means of which human blood or blood derivatives are distributed or otherwise made available.   5. Care provider means an individual who is trained and authorized by federal or state law to provide health care services or services of any kind in the course of the individuals official duties, for compensation or in a voluntary capacity, who is a health care provider, emergency medical care provider as defined in section 147A.1, fire fighter, or peace officer. Care provider also means an individual who renders emergency care or assistance in an emergency or due to an accident as described in section 613.17.   6. Department means the Iowa department of public health.   7. Exposure means a specific eye, mouth, other mucous membrane, nonintact skin, or parenteral contact with blood or other potentially infectious bodily fluids.   8. Good faith means objectively reasonable and not in violation of clearly established statutory rights or other rights of a person which a reasonable person would know or should have known.   9. Health care provider means a person licensed to practice medicine and surgery, osteopathic medicine and surgery, chiropractic, podiatry, nursing, dentistry, or optometry, or as a physician assistant, dental hygienist, or acupuncturist.   10. Health facility means a hospital, health care facility, clinic, blood bank, blood center, sperm bank, laboratory organ transplant center and procurement agency, or other health care institution.   11. HIV means the human immunodeficiency virus identified as the causative agent of AIDS.   12. HIV-related condition means any condition resulting from human immunodeficiency virus infection.   13. HIV-related test means a diagnostic test conducted by a laboratory approved pursuant to the federal Clinical Laboratory Improvement Amendments for determining the presence of HIV or antibodies to HIV.   14. Infectious bodily fluids means bodily fluids capable of transmitting HIV as determined by the centers for disease control and prevention of the United States department of health and human services and adopted by rule of the department.   15. Legal guardian means a person appointed by a court pursuant to chapter 633 or an attorney in fact as defined in section 144B.1. In the case of a minor, legal guardian also means a parent or other person responsible for the care of the minor.   16. Nonblinded epidemiological studies means studies in which specimens are collected for the express purpose of testing for HIV infection and persons included in the nonblinded study are selected according to established criteria.   17. Release of test results means a written authorization for disclosure of HIV-related test results which is signed and dated, and which specifies to whom disclosure is authorized and the time period during which the release is to be effective.   18. Sample means a human specimen obtained for the purpose of conducting an HIV-related test.   19. Significant exposure means a situation in which there is a risk of contracting HIV through exposure to a persons infectious bodily fluids in a manner capable of transmitting HIV as determined by the centers for disease control and prevention of the United States department of health and human services and adopted by rule of the department.  99 Acts, ch 181, 5; 2001 Acts, ch 157, 5, 6; 2007 Acts, ch 70, 1, 2; 2008 Acts, ch 1088, 92; 2011 Acts, ch 63, 22, 23  Referred to in 97A.1, 124E.2, 139A.2, 279.50, 411.1, 709D.2 
141A.10 Immunities.   1. A person making a report in good faith pursuant to this chapter is immune from any liability, civil or criminal, which might otherwise be incurred or imposed as a result of the report.   2. A health care provider attending a person who tests positive for HIV infection has no duty to disclose to or to warn third parties of the dangers of exposure to HIV infection through contact with that person and is immune from any liability, civil or criminal, for failure to disclose to or warn third parties of the condition of that person.  99 Acts, ch 181, 14; 2011 Acts, ch 63, 31 
141A.11 Remedies.   1. A person aggrieved by a violation of this chapter shall have a right of civil action for damages in district court.   2. A care provider who intentionally or recklessly makes an unauthorized disclosure under this chapter is subject to a civil penalty of one thousand dollars.   3. A person who violates a confidentiality requirement of section 141A.5 is guilty of an aggravated misdemeanor.   4. A civil action under this chapter is barred unless the action is commenced within two years after the cause of action accrues.   5. The attorney general may maintain a civil action to enforce this chapter.   6. This chapter does not limit the rights of the subject of an HIV-related test to recover damages or other relief under any other applicable law.   7. This chapter shall not be construed to impose civil liability or criminal sanctions for disclosure of HIV-related test results in accordance with any reporting requirement for a diagnosed case of AIDS or a related condition by the department or the centers for disease control and prevention of the United States department of health and human services.  99 Acts, ch 181, 15; 2006 Acts, ch 1010, 53 
141A.2 Lead agency.   1. The department is designated as the lead agency in the coordination and implementation of the Iowa comprehensive HIV plan.   2. The department shall adopt rules pursuant to chapter 17A to implement and enforce this chapter. The rules may include procedures for taking appropriate action with regard to health facilities or health care providers which violate this chapter or the rules adopted pursuant to this chapter.   3. The department shall adopt rules pursuant to chapter 17A which require that if a health care provider attending a person prior to the persons death determines that the person suffered from or was suspected of suffering from a contagious or infectious disease, the health care provider shall place with the remains written notification of the condition for the information of any person handling the body of the deceased person subsequent to the persons death. For purposes of this subsection, contagious or infectious disease means hepatitis in any form, meningococcal disease, tuberculosis, and any other disease including AIDS or HIV infection, determined to be life-threatening to a person exposed to the disease as established by rules adopted by the department based upon a determination by the state epidemiologist and in accordance with guidelines of the centers for disease control and prevention of the United States department of health and human services.   4. The department shall provide consultation services to all care providers, including paramedics, ambulance personnel, physicians, nurses, hospital personnel, first responders, peace officers, and fire fighters, who provide care services to a person, and to all persons who attend dead bodies regarding standard precautions to prevent the transmission of contagious and infectious diseases.   5. The department shall coordinate efforts with local health officers to investigate sources of HIV infection and use every appropriate means to prevent the spread of HIV.   6. The department, with the approval of the state board of health, may conduct epidemiological blinded and nonblinded studies to determine the incidence and prevalence of HIV infection. Initiation of any new epidemiological studies shall be contingent upon the receipt of funding sufficient to cover all the costs associated with the studies. The informed consent, reporting, and counseling requirements of this chapter shall not apply to blinded studies.  99 Acts, ch 181, 6; 2007 Acts, ch 70, 3; 2011 Acts, ch 63, 24  Referred to in 356.48 
141A.3 Duties of the department.   1. All federal and state moneys appropriated to the department for HIV-related activities shall be utilized and distributed in a manner consistent with the guidelines established by the United States department of health and human services.   2. The department shall do all of the following:   a. Provide consultation services to agencies and organizations regarding appropriate policies for testing, education, confidentiality, and infection control.   b. Provide health information to the public regarding HIV, including information about how HIV is transmitted and how transmittal can be prevented. The department shall prepare and distribute information regarding HIV transmission and prevention.   c. Provide consultation services concerning HIV infection in the workplace.   d. Implement HIV education risk-reduction programs for specific populations at high risk for infection.   e. Provide an informational brochure for patients who provide samples for purposes of performing an HIV test which, at a minimum, shall include a summary of the patients rights and responsibilities under the law.   f. In cooperation with the department of education, recommend evidence-based, medically accurate HIV prevention curricula for use at the discretion of secondary and middle schools.  99 Acts, ch 181, 7; 2007 Acts, ch 70, 4; 2011 Acts, ch 63, 25 
141A.4 Testing and education.   1. HIV testing and education shall be offered to persons who are at risk for HIV infection including all of the following:   a. Males who have had sexual relations with other males.   b. All persons testing positive for a sexually transmitted disease.   c. All persons having a history of injecting drug abuse.   d. Male and female sex workers and those who trade sex for drugs, money, or favors.   e. Sexual partners of HIV-infected persons.   f. Persons whose sexual partners are identified in paragraphs a through e.   2. a. All pregnant women shall be tested for HIV infection as part of the routine panel of prenatal tests.   b. A pregnant woman shall be notified that HIV screening is recommended for all prenatal patients and that the pregnant woman will receive an HIV test as part of the routine panel of prenatal tests unless the pregnant woman objects to the test.   c. If a pregnant woman objects to and declines the test, the decision shall be documented in the pregnant womans medical record.   d. Information about HIV prevention, risk reduction, and treatment opportunities to reduce the possible transmission of HIV to a fetus shall be made available to all pregnant women.  99 Acts, ch 181, 8; 2007 Acts, ch 70, 5; 2011 Acts, ch 63, 26 
141A.5 Partner notification program  HIV.   1. The department shall maintain a partner notification program for persons known to have tested positive for HIV infection.   2. In administering the program, the department shall provide for the following:   a. A person who tests positive for HIV infection shall receive post-test counseling, during which time the person shall be encouraged to refer for counseling and HIV testing any person with whom the person has had sexual relations or has shared drug injecting equipment.   b. The physician or other health care provider attending the person may provide to the department any relevant information provided by the person regarding any person with whom the tested person has had sexual relations or has shared drug injecting equipment.   c. (1) Devise a procedure, as a part of the partner notification program, to provide for the notification of an identifiable third party who is a sexual partner of or who shares drug injecting equipment with a person who has tested positive for HIV, by the department or a physician, when all of the following situations exist:   (a) A physician for the infected person is of the good faith opinion that the nature of the continuing contact poses an imminent danger of HIV transmission to the third party.   (b) When the physician believes in good faith that the infected person, despite strong encouragement, has not and will not warn the third party and will not participate in the voluntary partner notification program.   (2) Notwithstanding subsection 3, the department or a physician may reveal the identity of a person who has tested positive for HIV infection pursuant to this subsection only to the extent necessary to protect a third party from the direct threat of transmission. This subsection shall not be interpreted to create a duty to warn third parties of the danger of exposure to HIV through contact with a person who tests positive for HIV infection.   (3) The department shall adopt rules pursuant to chapter 17A to implement this paragraph c. The rules shall provide a detailed procedure by which the department or a physician may directly notify an endangered third party.   3. In making contact the department shall not disclose the identity of the person who provided the names of the persons to be contacted and shall protect the confidentiality of persons contacted.   4. The department may delegate its partner notification duties under this section to local health authorities unless the local authority refuses or neglects to conduct the partner notification program in a manner deemed to be effective by the department.   5. In addition to the provisions for partner notification provided under this section and notwithstanding any provision to the contrary, a county medical examiner or deputy medical examiner performing official duties pursuant to sections 331.801 through 331.805 or the state medical examiner or deputy medical examiner performing official duties pursuant to chapter 691, who determines through an investigation that a deceased person was infected with HIV, may notify directly, or request that the department notify, the immediate family of the deceased or any person known to have had a significant exposure from the deceased of the finding.  99 Acts, ch 181, 9; 2007 Acts, ch 70, 6; 2011 Acts, ch 63, 27  Referred to in 141A.9, 141A.11 
141A.6 HIV-related conditions  consent, testing, and reporting  penalty.   1. Prior to undergoing a voluntary HIV-related test, information shall be available to the subject of the test concerning testing and any means of obtaining additional information regarding HIV transmission and risk reduction. If an individual signs a general consent form for the performance of medical tests or procedures, the signing of an additional consent form for the specific purpose of consenting to an HIV-related test is not required during the time in which the general consent form is in effect. If an individual has not signed a general consent form for the performance of medical tests and procedures or the consent form is no longer in effect, a health care provider shall obtain oral or written consent prior to performing an HIV-related test. If an individual is unable to provide consent, the individuals legal guardian may provide consent. If the individuals legal guardian cannot be located or is unavailable, a health care provider may authorize the test when the test results are necessary for diagnostic purposes to provide appropriate urgent medical care.   2. Within seven days of the receipt of a test result indicating HIV infection which has been confirmed as positive according to prevailing medical technology or immediately after the initial examination or treatment of an individual infected with HIV, the physician or other health care provider at whose request the test was performed or who performed the initial examination or treatment shall make a report to the department on a form provided by the department.   3. Within seven days of diagnosing a person as having AIDS or an AIDS-related condition, the diagnosing physician shall make a report to the department on a form provided by the department.   4. Within seven days of the death of a person with HIV infection, the attending physician shall make a report to the department on a form provided by the department.   5. Within seven days of the receipt of a test result indicating HIV infection which has been confirmed as positive according to prevailing medical technology, the director of a blood bank shall make a report to the department on a form provided by the department.   6. Within seven days of the receipt of a test result that is indicative of HIV, the director of a clinical laboratory shall make a report to the department on a form provided by the department.   7. The forms provided by the department shall require inclusion of all of the following information:   a. The name of the patient.   b. The address of the patient.   c. The patients date of birth.   d. The gender of the patient.   e. The race and ethnicity of the patient.   f. The patients marital status.   g. The patients telephone number.   h. If an HIV-related test was performed, the name and address of the laboratory or blood bank.   i. If an HIV-related test was performed, the date the test was found to be positive and the collection date.   j. If an HIV-related test was performed, the name of the physician or health care provider who performed the test.   k. If the patient is female, whether the patient is pregnant.   8. An individual who repeatedly fails to file the report required under this section is subject to a report being made to the licensing board governing the professional activities of the individual. The department shall notify the individual each time the department determines that the individual has failed to file a required report. The department shall inform the individual in the notification that the individual may provide information to the department to explain or dispute the failure to report.   9. A public, private, or hospital clinical laboratory that repeatedly fails to make the report required under this section is subject to a civil penalty of not more than one thousand dollars per occurrence. The department shall not impose the penalty under this subsection without prior written notice and opportunity for hearing.  99 Acts, ch 181, 10; 2000 Acts, ch 1066, 39; 2000 Acts, ch 1140, 26; 2007 Acts, ch 70, 7; 2011 Acts, ch 63, 28  Referred to in 139A.19, 141A.7 
141A.7 Test results  counseling  application for services.   1. At any time that the subject of an HIV-related test is informed of confirmed positive test results, counseling concerning the emotional and physical health effects shall be initiated. Particular attention shall be given to explaining the need for the precautions necessary to avoid transmitting the virus. The subject shall be given information concerning additional counseling. If the legal guardian of the subject of the test provides consent to the test pursuant to section 141A.6, the provisions of this subsection shall apply to the legal guardian.   2. Notwithstanding subsection 1, the provisions of this section do not apply to any of the following:   a. The performance by a health care provider or health facility of an HIV-related test when the health care provider or health facility procures, processes, distributes, or uses a human body part donated for a purpose specified under the revised uniform anatomical gift Act as provided in chapter 142C, or semen provided prior to July 1, 1988, for the purpose of artificial insemination, or donations of blood, and such test is necessary to ensure medical acceptability of such gift or semen for the purposes intended.   b. A person engaged in the business of insurance who is subject to section 505.16.   c. The performance by a health care provider or health facility of an HIV-related test when the subject of the test is deceased and a documented significant exposure has occurred.   d. The performance by a health care provider or health facility of an HIV-related test when the subject of the test is unable to provide consent and the health care provider or health care facility provides consent for the patient pursuant to section 141A.6.   3. A person may apply for voluntary treatment, contraceptive services, or screening or treatment for HIV infection and other sexually transmitted diseases directly to a licensed physician and surgeon, an osteopathic physician and surgeon, or a family planning clinic. Notwithstanding any other provision of law, however, a minor shall be informed prior to testing that, upon confirmation according to prevailing medical technology of a positive HIV-related test result, the minors legal guardian is required to be informed by the testing facility. Testing facilities where minors are tested shall have available a program to assist minors and legal guardians with the notification process which emphasizes the need for family support and assists in making available the resources necessary to accomplish that goal. However, a testing facility which is precluded by federal statute, regulation, or centers for disease control and prevention guidelines from informing the legal guardian is exempt from the notification requirement. The minor shall give written consent to these procedures and to receive the services, screening, or treatment. Such consent is not subject to later disaffirmance by reason of minority.  99 Acts, ch 181, 11; 2003 Acts, ch 108, 35; 2007 Acts, ch 44, 25; 2007 Acts, ch 70, 8  Referred to in 141A.9, 915.43 
141A.8 Care provider notification. Repealed by 2011 Acts, ch 63, 32. 
141A.9 Confidentiality of information.   1. Any information, including reports and records, obtained, submitted, and maintained pursuant to this chapter is strictly confidential medical information. The information shall not be released, shared with an agency or institution, or made public upon subpoena, search warrant, discovery proceedings, or by any other means except as provided in this chapter. A person shall not be compelled to disclose the identity of any person upon whom an HIV-related test is performed, or the results of the test in a manner which permits identification of the subject of the test, except to persons entitled to that information under this chapter.   2. HIV-related test results shall be made available for release to the following individuals or under the following circumstances:   a. To the subject of the test or the subjects legal guardian subject to the provisions of section 141A.7, subsection 3, when applicable.   b. To any person who secures a written release of test results executed by the subject of the test or the subjects legal guardian.   c. To an authorized agent or employee of a health facility or health care provider, if the health facility or health care provider ordered or participated in the testing or is otherwise authorized to obtain the test results, the agent or employee provides patient care or handles or processes samples, and the agent or employee has a medical need to know such information.   d. To a health care provider providing care to the subject of the test when knowledge of the test results is necessary to provide care or treatment.   e. To the department in accordance with reporting requirements for an HIV-related condition.   f. To a health facility or health care provider which procures, processes, distributes, or uses a human body part from a deceased person with respect to medical information regarding that person, or semen provided prior to July 1, 1988, for the purpose of artificial insemination.   g. To a person allowed access to an HIV-related test result by a court order which is issued in compliance with the following provisions:   (1) A court has found that the person seeking the test results has demonstrated a compelling need for the test results which need cannot be accommodated by other means. In assessing compelling need, the court shall weigh the need for disclosure against the privacy interest of the test subject and the public interest which may be disserved by disclosure due to its deterrent effect on future testing or due to its effect in leading to discrimination.   (2) Pleadings pertaining to disclosure of test results shall substitute a pseudonym for the true name of the subject of the test. The disclosure to the parties of the subjects true name shall be communicated confidentially in documents not filed with the court.   (3) Before granting an order, the court shall provide the person whose test results are in question with notice and a reasonable opportunity to participate in the proceedings if the person is not already a party.   (4) Court proceedings as to disclosure of test results shall be conducted in camera unless the subject of the test agrees to a hearing in open court or unless the court determines that a public hearing is necessary to the public interest and the proper administration of justice.   (5) Upon the issuance of an order to disclose test results, the court shall impose appropriate safeguards against unauthorized disclosure, which shall specify the persons who may gain access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosure.   h. To an employer, if the test is authorized to be required under any other provision of law.   i. Pursuant to sections 915.42 and 915.43, to a convicted or alleged sexual assault offender; the physician or other health care provider who orders the test of a convicted or alleged offender; the victim; the parent, guardian, or custodian of the victim if the victim is a minor; the physician of the victim if requested by the victim; the victim counselor or person requested by the victim to provide counseling regarding the HIV-related test and results; the victims spouse; persons with whom the victim has engaged in vaginal, anal, or oral intercourse subsequent to the sexual assault; members of the victims family within the third degree of consanguinity; and the county attorney who filed the petition for HIV-related testing under section 915.42. For the purposes of this paragraph, victim means victim as defined in section 915.40.   j. To employees of state correctional institutions subject to the jurisdiction of the department of corrections, employees of secure facilities for juveniles subject to the department of human services, and employees of city and county jails, if the employees have direct supervision over inmates of those facilities or institutions in the exercise of the duties prescribed pursuant to section 80.9B.   3. Release may be made of medical or epidemiological information for research or statistical purposes in a manner such that no individual person can be identified.   4. Release may be made of medical or epidemiological information to the extent necessary to enforce the provisions of this chapter and related rules concerning the treatment, control, and investigation of HIV infection by public health officials.   5. Release may be made of medical or epidemiological information to medical personnel to the extent necessary to protect the health or life of the named party.   6. Release may be made of test results concerning a patient pursuant to procedures established under section 141A.5, subsection 2, paragraph c.   7. Medical information secured pursuant to subsection 1 may be shared between employees of the department who shall use the information collected only for the purposes of carrying out their official duties in preventing the spread of the disease or the spread of other reportable diseases as defined in section 139A.2.   8. Medical information secured pursuant to subsection 1 may be shared with other state or federal agencies, with employees or agents of the department, or with local units of government that have a need for the information in the performance of their duties related to HIV prevention, disease surveillance, or care of persons with HIV, only as necessary to administer the program for which the information is collected or to administer a program within the other agency. Confidential information transferred to other persons or entities under this subsection shall continue to maintain its confidential status and shall not be rereleased by the receiving person or entity.  99 Acts, ch 181, 13; 2000 Acts, ch 1066, 40; 2007 Acts, ch 70, 10; 2008 Acts, ch 1031, 103; 2008 Acts, ch 1032, 25; 2011 Acts, ch 63, 29, 30; 2012 Acts, ch 1113, 23; 2014 Acts, ch 1119, 5, 11  Referred to in 139A.22, 505.16, 915.43 
142.1 Delivery of bodies.   The body of every person dying in a public asylum, hospital, county care facility, penitentiary, or reformatory in this state, or found dead within the state, or which is to be buried at public expense in this state, except those buried under the provisions of chapter 144C or 249, and which is suitable for scientific purposes, shall be delivered to the medical college of the state university, or some osteopathic or chiropractic college or school located in this state, which has been approved under the law regulating the practice of osteopathic medicine or chiropractic; but no such body shall be delivered to any such college or school if the deceased person expressed a desire during the persons last illness that the persons body should be buried or cremated, nor if such is the desire of the persons relatives. Such bodies shall be equitably distributed among said colleges and schools according to their needs for teaching anatomy in accordance with such rules as may be adopted by the Iowa department of public health. The expense of transporting said bodies to such college or school shall be paid by the college or school receiving the same. If the deceased person has not expressed a desire during the persons last illness that the persons body should be buried or cremated and no person authorized to control the deceased persons remains under section 144C.5 requests the persons body for burial or cremation, and if a friend objects to the use of the deceased persons body for scientific purposes, said deceased persons body shall be forthwith delivered to such friend for burial or cremation at no expense to the state or county. Unless such friend provides for burial and burial expenses within five days, the body shall be used for scientific purposes under this chapter.  [C73, 4018; C97, 4946; S13, 4946-b; C24, 27, 31, 35, 39, 2351; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 142.1]  2008 Acts, ch 1051, 1, 22; 2009 Acts, ch 133, 41  Referred to in 142.2, 142.3, 156.2, 252.27  Approval of medical, osteopathic, and chiropractic colleges, see 148.3, 151.4 
142.10 Use without proper record.   Any physician or member of the instructional staff of any college or school who uses, or permits others under the physicians or members charge to use the dead body of a human being for the purpose of medical or surgical study without the record required in section 142.6 having been made, or who shall refuse to allow any peace officer or relative of the deceased to inspect said record or body, shall be guilty of a serious misdemeanor.  [C97, 4949; C24, 27, 31, 35, 39, 2360; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 142.10] 
142.11 Penalties.   Any person who shall receive or deliver any dead body of a human being knowing that any of the provisions of this chapter have been violated, shall be guilty of an aggravated misdemeanor.  [S13, 4946-e; C24, 27, 31, 35, 39, 2361; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 142.11] 
142.13 Burial in private cemetery lot.   In the event that a deceased person, whose body has been used for scientific purposes as provided in this chapter, owns or has the right of burial in a private or family cemetery lot in the state of Iowa, that deceased persons body shall be buried in that lot.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 142.13]  2021 Acts, ch 80, 71  Section amended 
142.2 Furnished to physicians.   When there are more dead bodies available for use under section 142.1 than are desired by said colleges or schools, the same may be delivered to physicians in the state for scientific study under such rules as may be adopted by the Iowa department of public health.  [S13, 4946-b; C24, 27, 31, 35, 39, 2352; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 142.2]  Referred to in 142.3, 156.2 
142.3 Notification of department.   Every county medical examiner, funeral director or embalmer, and the managing officer of every public asylum, hospital, county care facility, penitentiary, or reformatory, as soon as any dead body shall come into the persons custody which may be used for scientific purposes as provided in sections 142.1 and 142.2, shall at once notify the nearest relative or friend of the deceased, if known, and the Iowa department of public health, and hold such body unburied for forty-eight hours. Upon receipt of notification, the department shall issue verbal or written instructions relative to the disposition to be made of said body. Complete jurisdiction over said bodies is vested exclusively in the Iowa department of public health. No autopsy or post mortem, except as are legally ordered by county medical examiners, shall be performed on any of said bodies prior to their delivery to the medical schools.  [S13, 4946-c; C24, 27, 31, 35, 39, 2353; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 142.3]  2013 Acts, ch 90, 28 
142.4 Surrender to relatives.   1. When any dead body which has been delivered under this chapter for scientific purposes is subsequently claimed by any relative, it shall be at once surrendered to such relative for burial without public expense; and all bodies received under this chapter shall be held for a period of thirty days before being used. Unless such person claiming the body for burial pays the costs that have been incurred in the care and transportation of the body within thirty days after claiming it, all rights thereto shall cease and the body may then be used as if no claim had been made.   2. This section shall not apply to bodies given under authority of the revised uniform anatomical gift Act as provided in chapter 142C.  [C73, 4018; C97, 4946; S13, 4946-c, -d; C24, 27, 31, 35, 39, 2354; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 142.4]  2003 Acts, ch 108, 36; 2007 Acts, ch 44, 26; 2020 Acts, ch 1062, 94 
142.5 Disposition after dissection.   The remains of every body received for scientific purposes under this chapter shall be decently buried or cremated after it has been used for said purposes, and a failure to do so shall be a simple misdemeanor.  [C73, 4019; C97, 4947; C24, 27, 31, 35, 39, 2355; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 142.5]  Referred to in 156.2 
142.6 Record of receipt.   Any college, school, or physician receiving the dead body of any human being for scientific purposes shall keep a record showing:   1. The name of the person from whom, and the time and place, such body was received.   2. The description of the receptacle in which the body was received, including the shipping direction attached to the same.   3. The description of the body, including the length, weight, and sex, apparent age at time of death, color of hair and beard, if any, and all marks or scars which might be used to identify the same.   4. The condition of the body and whether mutilated so as to prevent identification.  [C97, 4948; C24, 27, 31, 35, 39, 2356; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 142.6]  Referred to in 142.7, 142.10 
142.7 Record and bodies.   The record required by section 142.6 and the dead body of every human being received under this chapter shall be subject to inspection by any peace officer, or relative of the deceased.  [C97, 4948, 4949; C24, 27, 31, 35, 39, 2357; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 142.7] 
142.8 Purpose for which body used.   1. The dead bodies delivered under this chapter shall be used only within the limits of this state for the purpose of scientific, medical, and surgical study, and no person shall remove the same beyond the limits of this state or in any manner traffic therein. Any person who shall violate this section shall be guilty of a serious misdemeanor.   2. This section shall not apply to bodies given under authority of the revised uniform anatomical gift Act as provided in chapter 142C.  [C73, 4020; C97, 4950; C24, 27, 31, 35, 39, 2358; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 142.8]  2003 Acts, ch 108, 37; 2007 Acts, ch 44, 27; 2020 Acts, ch 1062, 94 
142.9 Failure to deliver dead body.   Any person having the custody of the dead body of any human being which is required to be delivered for scientific purposes by this chapter, who shall fail to notify the Iowa department of public health of the existence of such body, or fail to deliver the same in accordance with the instructions of the department, shall be guilty of a simple misdemeanor.  [S13, 4946-e; C24, 27, 31, 35, 39, 2359; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 142.9] 
142A.1 Tobacco use prevention and control partnership  purpose and intent.   1. The purpose of this chapter is to establish a comprehensive partnership among the general assembly, the executive branch, communities, and the people of Iowa in addressing the prevalence of tobacco use in the state.   2. It is the intent of the general assembly that the comprehensive tobacco use prevention and control initiative established in this chapter will specifically address reduction of tobacco use by youth and pregnant women and enhancement of the capacity of youth to make healthy choices. The initiative shall allow extensive involvement of youth in attaining these results.   3. It is also the intent of the general assembly that the comprehensive tobacco use prevention and control initiative will foster a social and legal climate in which tobacco use becomes undesirable and unacceptable, in which role models and those who influence youth promote healthy social norms and demonstrate behavior that counteracts the glamorization of tobacco use, and in which tobacco becomes less accessible to youth. The intent of the general assembly shall be accomplished by engaging all who are affected by the use of tobacco in the state, including smokers and nonsmokers, youth, and adults.  2000 Acts, ch 1192, 1, 17; 2011 Acts, ch 63, 1  Referred to in 142A.4, 142A.6 
142A.10 Funding of programs delivered through community partnerships.   1. The commission shall develop and implement a statewide system for the initiative programs that are delivered through community partnerships.   2. The system shall provide for equitable allocation of funding for initiative programs among the states community partnership areas, based upon school-age population and other criteria established by the commission.   3. The specific programs, distribution provisions, and other provisions approved by the commission for expenditure of the maximum allocation amount established for a community partnership area shall be outlined in the written contract with the community partnership.   4. Any allocation received by a community partnership shall be matched with local funding, in-kind services, office support, or other tangible support or offset of costs.  2000 Acts, ch 1192, 10, 17 
142A.11 Application for services  minors.   A minor who is twelve years of age or older shall have the legal capacity to act and give consent to the provision of tobacco cessation coaching services pursuant to a tobacco cessation telephone and internet-based program approved by the department. Consent shall not be subject to later disaffirmance by reason of such minority. The consent of another person, including but not limited to the consent of a spouse, parent, custodian, or guardian, shall not be necessary.  2013 Acts, ch 81, 5 
142A.2 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Administrator means the administrator of the division of tobacco use prevention and control.   2. Commission means the commission on tobacco use prevention and control established in this chapter.   3. Community partnership means a public agency or nonprofit organization implementing the tobacco use prevention and control initiative in a local area in accordance with this chapter.   4. Department means the Iowa department of public health.   5. Director means the director of public health.   6. Division means the division of tobacco use prevention and control of the Iowa department of public health, established pursuant to this chapter.   7. Initiative means the comprehensive tobacco use prevention and control initiative established in this chapter.   8. Manufacturer means manufacturer as defined in section 453A.1.   9. Pregnant woman means a female of any age who is pregnant.   10. School-age youth means a person attending school in kindergarten through grade twelve.   11. Tobacco means both cigarettes and tobacco products as defined in section 453A.1.   12. Youth means a person who is five through twenty-four years of age.  2000 Acts, ch 1192, 2, 17; 2011 Acts, ch 63, 2 
142A.3 Tobacco use prevention and control  division  commission  created.   1. The department shall establish, as a separate and distinct division within the department, a division of tobacco use prevention and control. The division shall develop, implement, and administer the initiative established in this chapter and shall perform other duties as directed by this chapter or as assigned by the director of public health.   2. A commission on tobacco use prevention and control is established to develop policy, provide direction for the initiative, and perform all other duties related to the initiative and other tobacco use prevention and control activities as directed by this chapter or referred to the commission by the director of public health.   3. The membership of the commission shall include the following voting members who shall serve three-year, staggered terms:   a. Members, at least one of whom is a member of a racial minority, to be appointed by the governor, subject to confirmation by the senate pursuant to sections 2.32 and 69.19, and consisting of the following:   (1) Three members who are active with nonprofit health organizations that emphasize tobacco use prevention or who are active as health services providers, at the local level.   (2) Three members who are active with health promotion activities at the local level in youth education, nonprofit services, or other activities relating to tobacco use prevention and control.   b. Three voting members, to be selected by the participants in the annual statewide youth summit of the initiatives youth program, who shall not be subject to section 69.16 or 69.16A. However, the selection process shall provide for diversity among the members and at least one of the youth members shall be a female.   4. The commission shall also include the following ex officio, nonvoting members:   a. Four members of the general assembly, with not more than one member from each chamber being from the same political party. The majority leader of the senate and the minority leader of the senate shall each appoint one of the senate members. The majority leader of the house of representatives and the minority leader of the house of representatives shall each appoint one of the house members.   b. The presiding officer of the statewide youth executive body, selected by the delegates to the statewide youth summit.   5. In addition to the members of the commission, the following agencies, organizations, and persons shall each assign a single liaison to the commission to provide assistance to the commission in the discharge of the commissions duties:   a. The department of education.   b. The drug policy coordinator.   c. The department of justice, office of the attorney general.   d. The department of human services.   6. Citizen members shall be reimbursed for actual and necessary expenses incurred in performance of their duties. Citizen members shall be paid a per diem as specified in section 7E.6. Legislative members are eligible for per diem and expenses as provided in section 2.10.   7. A member of the commission who is convicted of a crime relating to tobacco, alcohol, or controlled substances is subject to removal from the commission.   8. A vacancy on the commission other than for the youth members shall be filled in the same manner as the original appointment for the balance of the unexpired term. A youth member vacancy shall be filled by the presiding officer of the statewide executive body as selected by the delegates to the statewide youth summit.   9. The commission shall elect a chairperson from among its voting members and may select other officers from among its voting members, as determined necessary by the commission. The commission shall meet regularly as determined by the commission, upon the call of the chairperson, or upon the call of a majority of the voting members.   10. The commission may designate an advisory council. The commission shall determine the membership and representation of the advisory council and members of the council shall serve at the pleasure of the commission. The advisory council may include representatives of health care provider groups, parent groups, antitobacco advocacy programs and organizations, research and evaluation experts, and youth organizers.  2000 Acts, ch 1192, 3, 17; 2004 Acts, ch 1176, 6; 2009 Acts, ch 133, 42; 2010 Acts, ch 1061, 30; 2011 Acts, ch 63, 3, 4; 2012 Acts, ch 1021, 46 
142A.4 Commission duties.   The commission shall do all of the following:   1. Develop and implement the comprehensive tobacco use prevention and control initiative as provided in this chapter.   2. Provide a forum for the discussion, development, and recommendation of public policy alternatives in the field of tobacco use prevention and control.   3. Develop an educational component of the initiative. Educational efforts provided through the school system shall be developed in conjunction with the department of education.   4. Develop a plan for implementation of the initiative in accordance with the purpose and intent specified in section 142A.1.   5. Provide for technical assistance, training, and other support under the initiative.   6. Take actions to develop and implement a statewide system for the initiative programs that are delivered through community partnerships.   7. Manage and coordinate the provision of funding and other moneys available to the initiative by combining all or portions of appropriations or other revenues as authorized by law.   8. Assist with the linkage of the initiative with child welfare and juvenile justice decategorization projects, education programming, early childhood Iowa areas, and other programs and services directed to youth at the state and community level.   9. a. Coordinate and respond to any requests from a community partnership relating to any of the following:   (1) Removal of barriers to community partnership efforts.   (2) Pooling and redirecting of existing federal, state, or other public or private funds available for purposes that are consistent with the initiative.   (3) Seeking of federal waivers to assist community partnership efforts.   b. In coordinating and responding to the requests, the commission shall work with state agencies, the governor, and the general assembly as necessary to address requests deemed appropriate by the commission.   10. Adopt rules pursuant to chapter 17A as necessary for the designation, governance, and oversight of the initiative and the implementation of this chapter. The commission shall provide for community partnership and youth program input in the rules adoption process. The rules shall include but are not limited to all of the following:   a. Performance indicators for initiative programs, community partnerships, and the services provided under the auspices of community partnerships. The performance indicators shall be developed with input from communities.   b. Minimum standards to further the provision of equal access to services.   11. Monitor and evaluate the effectiveness of performance measures utilized under the initiative.   12. Submit a report to the governor and the general assembly on a periodic basis, during the initial year of operation, and on an annual basis thereafter, regarding the initiative, including demonstrated progress based on performance indicators. The commission shall report more frequently if requested by the joint appropriations subcommittee that makes recommendations concerning the commissions budget. Beginning July 1, 2005, the commission shall also perform a comprehensive review of the initiative and shall submit a report of its findings to the governor and the general assembly on or before December 15, 2005.   13. Represented by the chairperson of the commission, annually appear before the joint appropriations subcommittee that makes recommendations concerning the commissions budget to report on budget expenditures and division operations relative to the prior fiscal year and the current fiscal year.   14. Advise the director in evaluating potential candidates for the position of administrator, consult with the director in the hiring of the administrator, and review and advise the director on the performance of the administrator in the discharge of the administrators duties.   15. Prioritize funding needs and the allocation of moneys appropriated and other resources available for the programs and activities of the initiative.   16. Review fiscal needs of the initiative and make recommendations to the director in the development of budget requests.   17. Solicit and accept any gift of money or property, including any grant of money, services, or property from the federal government, the state, a political subdivision, or a private source that is consistent with the goals of the initiative. The commission shall adopt rules prohibiting the acceptance of gifts from a manufacturer of tobacco products.   18. Advise and make recommendations to the governor, the general assembly, the director, and the administrator, relative to tobacco use, treatment, intervention, prevention, control, and education programs in the state.   19. Evaluate the work of the division and the department relating to the initiative. For this purpose, the commission shall have access to any relevant department records and documents, and other information reasonably obtainable by the department.   20. Develop the structure for the statewide youth summit to be held annually.   21. Approve the content of any materials distributed by the youth program pursuant to section 142A.9, prior to distribution of the materials.  2000 Acts, ch 1192, 4, 17; 2004 Acts, ch 1176, 7; 2005 Acts, ch 179, 57; 2009 Acts, ch 41, 263; 2010 Acts, ch 1031, 293; 2011 Acts, ch 63, 5  Referred to in 142A.5 
142A.5 Director and administrator duties.   1. The director shall do all of the following:   a. Establish and maintain the division of tobacco use prevention and control.   b. Employ a separate division administrator, in accordance with the requirements of section 142A.4, subsection 14, in a full-time equivalent position whose sole responsibility and duty shall be the administration and oversight of the division. The division administrator shall report to and shall serve at the pleasure of the director. The administrator shall be exempt from the merit system provisions of chapter 8A, subchapter IV.   c. Coordinate all tobacco use prevention and control programs and activities under the purview of the department.   d. Receive and review budget recommendations from the commission. The director shall consider these recommendations in developing the budget request for the department.   2. The administrator shall do all of the following:   a. Implement the initiative, coordinate the activities of the commission and the initiative, and coordinate other tobacco use prevention and control activities as assigned by the director.   b. Monitor and evaluate the effectiveness of performance measures.   c. Provide staff and administrative support to the commission.   d. Administer contracts entered into under this chapter.   e. Coordinate and cooperate with other tobacco use prevention and control programs within and outside of the state.   f. Provide necessary information to the commission to assist the commission in making its annual report to the joint appropriations subcommittee pursuant to section 142A.4, subsection 13, and in fulfilling other commission duties pursuant to section 142A.4.  2000 Acts, ch 1192, 5, 17; 2003 Acts, ch 145, 190; 2004 Acts, ch 1176, 8, 9; 2011 Acts, ch 63, 6, 7 
142A.6 Comprehensive tobacco use prevention and control initiative established  purpose  results.   1. A comprehensive tobacco use prevention and control initiative is established. The division shall implement the initiative as provided in this chapter.   2. The purpose of the initiative is to attain the following results:   a. Reduction of tobacco use by youth.   b. Strong, active youth involvement in activities to prevent youth tobacco use and to promote cessation of youth tobacco use.   c. Enhanced capacity of youth to make healthy choices.   d. Reduction of tobacco use by pregnant women.   3. Success in achieving the initiatives desired results may be demonstrated by a minimum of the following:   a. Data demonstrating consistent progress in reducing the prevalence of tobacco use among youth and adults.   b. Survey results indicating widespread support among youth for the initiatives tobacco use prevention and control activities; for programs that enhance the ability of youth to make healthy choices including those related to use of tobacco, alcohol, and other substances; and for the media, marketing, and communications efforts supporting the initiatives desired results. Any survey conducted may also include an assessment of the effectiveness of tobacco use prevention and control activities in affecting other unhealthy youth behaviors including sexual activity and violent behavior.   4. The division shall implement the initiative in a manner that ensures that youth are extensively involved in the decision making for the programs implemented under the initiative. The initiative shall also involve parents, schools, and community members in activities to achieve the results desired for the initiative. The division shall encourage collaboration at the state and local levels to maximize available resources and to provide flexibility to support community efforts.   5. Procurement of goods and services necessary to implement the initiative is subject to approval of the commission. Notwithstanding chapter 8A, subchapter III, or any other provision of law to the contrary, such procurement may be accomplished by the commission under its own competitive bidding process which shall provide for consideration of such factors as price, bidder competence, and expediency in procurement.   6. In order to promote the tobacco use prevention and control partnership established in section 142A.1, the following persons shall comply with the following, as applicable:   a. A manufacturer, distributor, wholesaler, retailer, or distributing agent or agent thereof shall not give away cigarettes or tobacco products.   b. A manufacturer, distributor, wholesaler, retailer, or distributing agent or agent thereof shall not provide free articles, products, commodities, gifts, or concessions in any exchange for the purchase of cigarettes or tobacco products.   c. The prohibitions in this section do not apply to transactions between manufacturers, distributors, wholesalers, or retailers.   d. For the purpose of this subsection, manufacturer, distributor, wholesaler, retailer, and distributing agent mean as defined in section 453A.1.  2000 Acts, ch 1192, 6, 17; 2003 Acts, ch 145, 191; 2011 Acts, ch 63, 8, 9  See also 453A.39 
142A.7 Initiative components.   1. The initiative shall include but is not limited to all of the following:   a. Youth programs, designed to achieve the initiatives desired results, that are directed by youth participants for youth.   b. A media, marketing, and communications program to achieve the initiatives desired results. Advertising shall not include the name, voice, or likeness of any elected or appointed public official or of any candidate for elective office.   c. Independent evaluation of each component of the statewide initiative.   d. Ongoing statewide assessment of data, review of indicators used in assessing the effectiveness of the initiative, and evaluation of the initiative, its programs, and its marketing strategy. The initial baseline used to measure the effectiveness of the initiative shall be developed using existing, available indicators. Following development of the initial baseline, indicators of the effectiveness of the initiative shall be reviewed on at least an annual basis to ensure that the indicators used most accurately provide for measurement of such effectiveness. Primary emphasis in data assessment shall be on data relating to tobacco usage and may include data demonstrating the prevalence of tobacco use among youth and pregnant women, and the prevalence of the use of alcohol and other substances among youth. Sources of data considered shall include but are not limited to the centers for disease control and prevention of the United States department of health and human services and the Iowa youth tobacco survey, and may include the Iowa youth risk survey conducted by the department or the youth risk behavior survey.   e. A tobacco use prevention and control education program.   2. Administrative costs associated with each program of the initiative and program provider shall be established at a reasonable level consistent with effective management practices.   3. Requests for information or for proposals shall emphasize that performance measures are required for any contract or allocation of funding under the initiative.  2000 Acts, ch 1192, 7, 17; 2011 Acts, ch 63, 10 
142A.8 Community partnerships.   1. A community partnership is a public agency or nonprofit organization operating in a local area under contract with the department to implement the initiative in that local area utilizing broad community involvement. The community partnership or its designee shall act as the fiscal agent for moneys administered by the community partnership.   2. A community partnership area shall encompass a county or multicounty area, school district or multischool district area, economic development enterprise zone that meets the requirements of an urban or rural enterprise community under Tit. XIII of the federal Omnibus Budget Reconciliation Act of 1993, or early childhood Iowa area, in accordance with criteria adopted by the commission for appropriate population levels and size of geographic areas.   3. The commission shall adopt rules pursuant to chapter 17A providing procedures for the initial designation of community partnership areas and for subsequent changes to the initially designated areas.   4. The requirements for contracts entered into by a community partnership and the department shall include but are not limited to all of the following:   a. Administrative functions.   b. Fiscal provisions.   c. Community and youth involvement in program and administrative decisions.   d. Evaluation of the program.  2000 Acts, ch 1192, 8, 17; 2010 Acts, ch 1031, 294; 2010 Acts, ch 1061, 180; 2011 Acts, ch 63, 11 
142A.9 Youth program.   1. A youth program component shall be implemented in each community partnership area to achieve the purposes of the initiative.   2. The youth program shall include but is not limited to all of the following:   a. A structure for program participants to interact with other participating youth within the community partnership area and in other areas of the state.   b. A structure for formal youth involvement in youth program governance at the community partnership area level and in a statewide youth summit or summits consisting of participation by representatives of the community partnership area level.   c. A structure for participation in a statewide executive body consisting of participants selected by the delegates to the statewide youth summit of the youth program.   d. Youth activities that are character-based and focused on rewarding appropriate values, behavior, and healthy choices by participants.   3. To the greatest extent possible, the youth program shall be directed by youth for youth participants. State and local administrators associated with the initiative shall consult with and utilize the youth program participants in the media, marketing, and communications program; education efforts; and other aspects of the initiative including evaluation and collaboration.  2000 Acts, ch 1192, 9, 17; 2011 Acts, ch 63, 12  Referred to in 142A.4 
CHAPTER 142B  SMOKING PROHIBITIONS  Repealed by  2008 Acts, ch 1084, 16  ; see chapter 142D 
142C.1 Short title.   This chapter shall be known and may be cited as the Revised Uniform Anatomical Gift Act.  95 Acts, ch 39, 1; 2007 Acts, ch 44, 1 
142C.10 Sale or purchase of parts prohibited  penalty.   1. A person shall not knowingly, for valuable consideration, purchase or sell a part for transplantation or therapy if removal of the part is intended to occur after the death of the decedent.   2. Valuable consideration does not include reasonable payment for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.   3. A person who violates this section commits a class C felony.  95 Acts, ch 39, 10; 2007 Acts, ch 44, 12 
142C.10A Other prohibited acts  penalty.   A person who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal, commits a class C felony.  2007 Acts, ch 44, 13 
142C.11 Immunity.   1. A person who complies with this chapter in good faith or with the applicable anatomical gift law of another state, or who attempts in good faith to comply, is immune from liability in any civil action, criminal prosecution, or administrative proceeding.   2. An individual who makes an anatomical gift pursuant to this chapter and the individuals estate are not liable for any injury or damages that may result from the making or the use of the anatomical gift, if the gift is made in good faith.   3. In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in section 142C.4, subsection 1, paragraph b, c, d, e, f, g, or h, relating to the individuals relationship to the donor or prospective donor unless the person knows that the representation is untrue.  95 Acts, ch 39, 11; 2002 Acts, ch 1064, 8; 2007 Acts, ch 44, 14 
142C.12 Service but not a sale.   The procurement, removal, preservation, processing, storage, distribution, or use of parts for the purpose of injecting, transfusing, or transplanting any of the parts into the human body is, for all purposes, the rendition of a service by every person participating in the act, and whether or not any remuneration is paid, is not a sale of the part for any purposes. However, any person that renders such service warrants only under this section that due care has been exercised and that acceptable professional standards of care in providing such service according to the state of the medical arts have been followed. Strict liability, in tort, shall not be applicable to the rendition of such services.  95 Acts, ch 39, 12 
142C.12A Law governing validity, choice of law, presumption of validity.   1. A document of gift is valid if executed in accordance with any of the following:   a. This chapter.   b. The laws of the state or country where the document of gift was executed.   c. The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.   2. If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.   3. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.  2007 Acts, ch 44, 15 
142C.12B Effect of anatomical gift on advance health care directive.   1. As used in this section:   a. Advance health care directive means a durable power of attorney for health care pursuant to chapter 144B or a record signed or authorized by a prospective donor containing the prospective donors direction concerning a health care decision for the prospective donor.   b. Declaration means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.   c. Health care decision means any decision regarding the health care of the prospective donor.   2. a. If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donors attending physician and prospective donor shall confer to resolve the conflict.   b. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donors declaration or directive or, if no agent exists or the agent is not reasonably available, another person, authorized by law other than this chapter to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The agent or other person shall resolve the conflict consistent with the desires of the donor as expressed in a declaration executed in accordance with chapter 144A, or a durable power of attorney for health care executed in accordance with chapter 144B, or as otherwise known, or if not known, consistent with the donors best interest.   c. The conflict shall be resolved as expeditiously as possible.   d. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 142C.4. Prior to resolution of the conflict, measures necessary to ensure the medical suitability of the part shall not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.  2007 Acts, ch 44, 16 
142C.13 Transitional provisions.   This chapter applies to an anatomical gift, or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.  95 Acts, ch 39, 13; 95 Acts, ch 209, 20; 2007 Acts, ch 44, 17 
142C.14 Uniformity of application and construction.   This chapter shall be applied and construed with consideration given to the need to promote uniformity of the law with respect to anatomical gifts among states which enact this law.  95 Acts, ch 39, 14; 2007 Acts, ch 44, 18 
142C.14A Electronic signatures.   This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or authorize electronic delivery of any of the notices described in 103(b) of that Act, 15 U.S.C. 7003(b).  2007 Acts, ch 44, 19 
142C.15 Anatomical gift public awareness and transplantation fund  established  uses of fund.   1. An anatomical gift public awareness and transplantation fund is created as a separate fund in the state treasury under the control of the Iowa department of public health. The fund shall consist of moneys remitted by the county treasurer of a county or by the department of transportation which were collected through the payment of a contribution made by an applicant for registration of a motor vehicle pursuant to section 321.44A and any other contributions to the fund.   2. The moneys collected under this section and deposited in the fund are appropriated to the Iowa department of public health for the purposes specified in this section. Moneys in the fund shall not be subject to appropriation or expenditure for any other purpose.   3. The treasurer of state shall act as custodian of the fund and shall disburse amounts contained in the fund as directed by the department. The treasurer of state may invest the moneys deposited in the fund. The income from any investment shall be credited to and deposited in the fund. Notwithstanding section 8.33, moneys in the fund are not subject to reversion to the general fund of the state. The fund shall be administered by the department which shall make expenditures from the fund consistent with the purposes of this section.   4. The Iowa department of public health may use not more than five percent of the moneys in the fund for administrative costs. The remaining moneys in the fund may be expended through grants to any of the following persons, subject to the following conditions:   a. Not more than twenty percent of the moneys in the fund annually may be expended in the form of grants to state agencies or to nonprofit legal entities with an interest in anatomical gift public awareness and transplantation to conduct public awareness projects. Moneys remaining that were not requested and awarded for public awareness projects may be used to support the Iowa donor registry. Grants shall be made based upon the submission of a grant application.   b. Not more than thirty percent of the moneys in the fund annually may be expended in the form of grants to hospitals for reimbursement for costs directly related to the development of in-hospital anatomical gift public awareness projects, anatomical gift referral protocols, and associated administrative expenses. As a condition of receiving a grant, a hospital shall demonstrate, through documentation, that the hospital, during the previous calendar year, properly complied with in-hospital anatomical gift request protocols for all deaths occurring in the hospital at a percentage rate which places the hospital in the upper fifty percent of all protocol compliance rates for hospitals submitting documentation for cost reimbursement under this section.   c. Any unobligated moneys in the fund annually may be expended in the form of grants to transplant recipients, transplant candidates, living organ donors, or to legal representatives on behalf of transplant recipients, transplant candidates, or living organ donors. Transplant recipients, transplant candidates, living organ donors, or the legal representatives of transplant recipients, transplant candidates, or living organ donors shall submit grant applications with supporting documentation provided by a hospital that performs transplants, verifying that the person by or for whom the application is submitted requires a transplant or is a living organ donor and specifying the amount of the costs associated with the following, if funds are not available from any other third-party payor:   (1) The costs of the organ transplantation procedure.   (2) The costs of post-transplantation drug or other therapy.   (3) Other transplantation costs including but not limited to food, lodging, and transportation.  96 Acts, ch 1076, 1; 98 Acts, ch 1015, 1; 2000 Acts, ch 1052, 1; 2003 Acts, ch 32, 2; 2005 Acts, ch 89, 11; 2006 Acts, ch 1030, 14; 2007 Acts, ch 44, 20; 2015 Acts, ch 138, 6, 161, 162  Referred to in 142C.17, 321.44A 
142C.16 Anatomical gift public awareness advisory committee  established  duties. Repealed by 2010 Acts, ch 1031, 399. 
142C.17 Annual donation and compliance report.   The Iowa department of public health, in conjunction with any statewide organ procurement organization in Iowa, shall prepare and submit a report to the general assembly on or before January 1 each year regarding organ donation rates and voluntary compliance efforts with hospital organ and tissue donation protocols by physicians, hospitals, and other health systems organizations. The report shall contain the following:   1. An evaluation of organ procurement efforts in the state, including statistics regarding organ and tissue donation activity as of September 30 of the preceding year.   2. Efforts by any statewide organ procurement organization in Iowa, and related parties, to increase organ and tissue donation and consent rates.   3. Voluntary compliance efforts with hospital organ and tissue donation protocols by physicians, hospitals, and health systems organizations and the results of those efforts.   4. Annual contribution levels to the anatomical gift public awareness and transplantation fund created in section 142C.15, and any distributions made from the fund.   5. Efforts and ideas for increasing public awareness of the option of organ and tissue donation.   6. Additional information deemed relevant by the department in assessing the status and progress of organ and tissue donation efforts in the state.  98 Acts, ch 1015, 2 
142C.18 Iowa donor registry.   1. The director of public health shall contract with and recognize the Iowa donor registry for the purpose of indicating on the donor registry all relevant information regarding a donors making or amending of an anatomical gift.   2. The state department of transportation shall cooperate with a person that administers the Iowa donor registry for the purpose of transferring to the donor registry all relevant information regarding a donors making of an anatomical gift.   3. The department of natural resources shall cooperate with a person that administers the Iowa donor registry for the purpose of transferring to the donor registry all relevant information regarding a donors making of an anatomical gift.   4. The Iowa donor registry shall do all of the following:   a. Allow a donor or other person authorized under section 142C.3 to include on the donor registry a statement or symbol that the donor has made or amended an anatomical gift.   b. Be accessible to a procurement organization to allow the procurement organization to obtain relevant information on the donor registry to determine, at or near the death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.   c. Be accessible for purposes of paragraphs a and b seven days a week on a twenty-four-hour per day basis.   d. Provide a centralized, automated system to compile donation information received by the state department of transportation, department of natural resources, county treasurers, and the Iowa donor network.   e. Provide educational materials regarding the making, amending, or revoking of an anatomical gift or a refusal to make an anatomical gift.   5. Personally identifiable information on the donor registry about a donor or prospective donor shall not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near the death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.  2000 Acts, ch 1052, 2; 2007 Acts, ch 44, 24; 2019 Acts, ch 86, 8, 9 
142C.2 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Adult means an individual who is eighteen years of age or older.   2. Agent means an individual who meets any of the following conditions:   a. Is authorized to make health care decisions on the principals behalf by a durable power of attorney for health care pursuant to chapter 144B.   b. Is expressly authorized to make an anatomical gift on the principals behalf by any other record signed by the principal.   3. Anatomical gift or gift means a donation of all or part of the human body effective after the donors death, for the purposes of transplantation, therapy, research, or education.   4. Decedent means a deceased individual whose body or part is or may be the source of an anatomical gift and includes a stillborn infant.   5. Disinterested witness means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or any other adult who exhibited special care and concern for the individual. Disinterested witness does not include a person who may receive an anatomical gift pursuant to section 142C.5.   6. Document of gift means a donor card or other record used to make an anatomical gift, including a statement or symbol on a drivers license, identification card, or hunting, fishing, or fur harvester license, or an entry in a donor registry.   7. Donor means an individual whose body or part is the subject of an anatomical gift.   8. Donor registry means a database that contains records of anatomical gifts and amendments of anatomical gifts.   9. Drivers license means a license or permit issued by the state department of transportation to operate a vehicle, whether or not conditions are attached to the license or permit.   10. Eye bank means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.   11. Forensic pathologist means a pathologist who is further certified in the subspecialty of forensic pathology by the American board of pathology.   12. Guardian means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual, but does not include a guardian ad litem.   13. Hospital means a hospital licensed under chapter 135B, or a hospital licensed, accredited, or approved under federal law or the laws of any other state, and includes a hospital operated by the federal government, a state, or a political subdivision of a state, although not required to be licensed under state laws.   14. Hunting, fishing, or fur harvester license means a license issued by the department of natural resources or an authorized license agent pursuant to chapter 483A.   15. Identification card means a nonoperators identification card issued by the state department of transportation pursuant to section 321.190.   16. Iowa donor network means the nonprofit organization certified by the centers for Medicare and Medicaid services of the United States department of health and human services as the single organ procurement agency serving the state and which also serves as the tissue recovery agency for the state.   17. Iowa donor registry means the Iowa donor registry administered by the Iowa donor network.   18. Know means to have actual knowledge.   19. Medical examiner means an individual who is appointed as a medical examiner pursuant to section 331.801 or 691.5.   20. Minor means an individual who is less than eighteen years of age.   21. Organ procurement organization means a person designated by the United States secretary of health and human services as an organ procurement organization.   22. Parent means a parent whose parental rights have not been terminated.   23. Part means an organ, an eye, or tissue of a human being, but does not include the whole body of a human being.   24. Pathologist means a licensed physician who is certified in anatomic or clinical pathology by the American board of pathology.   25. Person means person as defined in section 4.1.   26. Physician means an individual authorized to practice medicine and surgery or osteopathic medicine and surgery under the laws of any state.   27. Procurement organization means an eye bank, organ procurement organization, or tissue bank.   28. Prospective donor means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education, but does not include an individual who has made a refusal.   29. Reasonably available means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.   30. Recipient means an individual into whose body a decedents part has been transplanted or is intended for transplant.   31. Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.   32. Refusal means a record created pursuant to section 142C.3 that expressly states an individuals intent to prohibit other persons from making an anatomical gift of the individuals body or part.   33. Sign means to do any of the following with the present intent to authenticate or adopt a record:   a. Execute or adopt a tangible symbol.   b. Attach to or logically associate with the record an electronic symbol, sound, or process.   34. State means any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.   35. Technician means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law and includes an enucleator.   36. Tissue means a portion of the human body other than an organ or an eye, but does not include blood unless the blood is donated for the purpose of research or education.   37. Tissue bank means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.   38. Transplant hospital means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.  95 Acts, ch 39, 2; 2001 Acts, ch 74, 3; 2002 Acts, ch 1064, 1, 2; 2007 Acts, ch 44, 2; 2009 Acts, ch 133, 43; 2019 Acts, ch 86, 2, 3  Referred to in 22.7(41)(b), 135.192, 423.3 
142C.3 Persons who may make  manner of making  amending or revoking  refusal to make anatomical gift before donors death  preclusive effect.   1. Who may make. Subject to subsection 5, an anatomical gift of a donors body or part may be made during the life of the donor for the purposes of transplantation, therapy, research, or education in the manner prescribed in subsection 2 by any of the following:   a. The donor if the donor is any of the following:   (1) An adult.   (2) A minor, if the minor is emancipated.   (3) A minor, if the minor is authorized under state law to apply for a drivers license or identification card because the minor is at least fourteen years of age, and the minor authorizes a statement or symbol indicating an anatomical gift on a drivers license, identification card, or donor registry entry with the signed approval of a parent or guardian.   (4) A minor, if the minor is authorized under state law to apply for a hunting, fishing, or fur harvester license, the minor is at least fourteen years of age, and the minor authorizes a symbol indicating an anatomical gift on a hunting, fishing, or fur harvester license with the signed approval of a parent or guardian.   b. An agent of the donor, unless the durable power of attorney for health care or other record prohibits the agent from making the anatomical gift.   c. A parent of the donor, if the donor is an unemancipated minor.   d. The guardian of the donor.   2. Manner of making.   a. A donor may make an anatomical gift by any of the following means:   (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donors drivers license or identification card.   (2) By authorizing a symbol indicating that the donor has made an anatomical gift to be imprinted on the donors hunting, fishing, or fur harvester license.   (3) In a will.   (4) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness.   (5) As provided in paragraph b.   b. (1) A donor or other person authorized to make an anatomical gift under subsection 1 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on the donor registry.   (2) If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall meet all of the following requirements:   (a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or other person.   (b) State that the record has been signed and witnessed as provided in subparagraph division (a).   c. Revocation, suspension, expiration, or cancellation of a drivers license, identification card, or hunting, fishing, or fur harvester license upon which an anatomical gift is indicated shall not invalidate the gift.   d. An anatomical gift made by will takes effect upon the donors death whether or not the will is probated. Invalidation of the will after the donors death does not invalidate the gift.   3. Amending or revoking gift before donors death.   a. Subject to subsection 5, a donor or other person authorized to make an anatomical gift under subsection 1 may amend or revoke an anatomical gift by any of the following means:   (1) A record signed by any of the following:   (a) The donor.   (b) The other person authorized to make an anatomical gift.   (c) Subject to paragraph b, another individual acting at the direction of the donor or the other authorized person if the donor or other person is physically unable to sign the record.   (2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.   b. A record signed pursuant to paragraph a, subparagraph (1), subparagraph division (c), shall comply with all of the following:   (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other authorized person.   (2) State that the record has been signed and witnessed as provided in subparagraph (1).   c. Subject to subsection 5, a donor or other person authorized to make an anatomical gift under subsection 1 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.   d. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.   e. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in paragraph a.   4. Refusal to make.   a. An individual may refuse to make an anatomical gift of the individuals body or part by any of the following means:   (1) A record signed by any of the following:   (a) The individual.   (b) Subject to paragraph b, another individual acting at the direction of the individual if the individual is physically unable to sign the record.   (2) The individuals will, whether or not the will is admitted to probate or invalidated after the individuals death.   (3) Any form of communication made by the individual during the individuals terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.   b. A record signed pursuant to paragraph a, subparagraph (1), subparagraph division (b), shall comply with all of the following:   (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual.   (2) State that the record has been signed and witnessed as provided in subparagraph (1).   c. An individual who has made a refusal may amend or revoke the refusal in accordance with any of the following:   (1) In the manner provided in paragraph a for making a refusal.   (2) By subsequently making an anatomical gift pursuant to subsection 2 that is inconsistent with the refusal.   (3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.   d. Except as otherwise provided in subsection 5, paragraph h, in the absence of an express, contrary indication by the individual set forth in the refusal, an individuals unrevoked refusal to make an anatomical gift of the individuals body or part prohibits all other persons from making an anatomical gift of the individuals body or part.   5. Preclusive effect.   a. Donor gift or amendment  subsequent actions by others prohibited. Except as otherwise provided in paragraph g, and subject to paragraph f, in the absence of a contrary indication by the donor, a person other than the donor is prohibited from making, amending, or revoking an anatomical gift of a donors body or part if the donor made an anatomical gift of the donors body or part under subsection 2 or an amendment to an anatomical gift of the donors body or part under subsection 3.   b. Donor revocation not a refusal. A donors revocation of an anatomical gift of the donors body or part under subsection 3 is not a refusal and does not prohibit another person specified in subsection 1 or section 142C.4 from making an anatomical gift of the donors body or part under subsection 2 or section 142C.4.   c. Gift on amendment by another  subsequent actions by others prohibited. If a person other than the donor makes an unrevoked anatomical gift of the donors body or part under subsection 2, or an amendment to an anatomical gift of the donors body or part under subsection 3, another person may not make, amend, or revoke the gift of the donors body or part under section 142C.4.   d. Revocation by another not prohibitive of other gift. A revocation of an anatomical gift of a donors body or part under subsection 3 by a person other than the donor does not prohibit another person from making an anatomical gift of the body or part under subsection 2 or section 142C.4.   e. Gift of part not prohibitive of gift of another part. In the absence of a contrary indication by the donor or other person authorized to make an anatomical gift under subsection 1, an anatomical gift of a part is neither a refusal to donate another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another authorized person.   f. Gift for one purpose not prohibitive of another purpose. In the absence of a contrary indication by the donor or other person authorized to make an anatomical gift under subsection 1, an anatomical gift of a part for one or more of the purposes specified in subsection 1 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under subsection 2 or section 142C.4.   g. Unemancipated minor gift  parent revocation. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donors body or part.   h. Unemancipated minor refusal  parent revocation or amendment. If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minors refusal.  95 Acts, ch 39, 3; 2002 Acts, ch 1064, 3, 4; 2007 Acts, ch 44, 3; 2009 Acts, ch 41, 263; 2019 Acts, ch 86, 4  6  Referred to in 142C.2, 142C.4, 142C.5, 142C.18 
142C.4 Who may make anatomical gift of decedents body or part  amending or revoking gift.   1. Subject to subsection 2, and unless prohibited by section 142C.3, subsection 4 or 5, an anatomical gift of a decedents body or part for purposes of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed.   a. An agent of the decedent at the time of death who could have made an anatomical gift under section 142C.3, subsection 1, immediately before the decedents death.   b. The spouse of the decedent.   c. Adult children of the decedent.   d. Parents of the decedent.   e. Adult siblings of the decedent.   f. Adult grandchildren of the decedent.   g. Grandparents of the decedent.   h. An adult who exhibited special care and concern for the decedent.   i. Any persons who were acting as guardians of the decedent at the time of death.   j. Any other person having the authority to dispose of the decedents body.   2. a. If there is more than one member of a class listed in subsection 1, paragraph a, c, d, e, f, g, or i, entitled to make an anatomical gift, an anatomical gift may be made by one member of the class unless that member or a person to whom the gift may pass under section 142C.5 knows of an objection by another member of the class. If an objection is known, the gift shall be made only by a majority of the members of the class who are reasonably available.   b. A person shall not make an anatomical gift if, at the time of the death of the decedent, a person in a prior class under subsection 1 is reasonably available to make or to object to the making of an anatomical gift.   3. A person authorized to make an anatomical gift under subsection 1 may make an anatomical gift by a document of gift signed by the person making the gift or by the persons oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the recipient of the oral communication.   4. Subject to subsection 5, an anatomical gift by a person authorized under subsection 1 may be amended or revoked orally or in a record by any member of the prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under subsection 1 may be:   a. Amended only if a majority of the reasonably available members agree to the amending of the gift.   b. Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.   5. A revocation under subsection 4 is effective only if, before an incision has been made to remove a part from the donors body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.  95 Acts, ch 39, 4; 2002 Acts, ch 1064, 5; 2007 Acts, ch 44, 4  Referred to in 142C.3, 142C.5, 142C.8, 142C.11, 142C.12B 
142C.4A Cooperation between medical examiner and organ procurement organization  facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.   1. A medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover organs for the purpose of transplantation when the recovery of organs does not interfere with a death investigation.   2. If a medical examiner receives notice from a procurement organization that an organ might be or was made available with respect to a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination will be performed, unless the medical examiner denies recovery in accordance with this section, the medical examiner or designee shall conduct a postmortem examination of the body or the organ in a manner and within a period compatible with its preservation for the purposes of the gift. Every reasonable effort shall be made to accomplish the mutual goals of organ donation and a thorough death investigation.   3. An organ shall not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation unless the organ is the subject of an anatomical gift. This subsection does not preclude a medical examiner from performing a medicolegal investigation pursuant to subsection 5 upon the body or organs of a decedent under the jurisdiction of the medical examiner.   4. Upon request of an organ procurement organization, a medical examiner shall release to the organ procurement organization the name and contact information of a decedent whose body is under the jurisdiction of the medical examiner. If the decedents organs are medically suitable for transplantation, the pathologist or medical examiner shall release to the organ procurement organization the postmortem examination results, limited to cause and manner of death and any evidence of infection or other disease process, which might preclude safe transplantation of recovered organs. The organ procurement organization may make a subsequent disclosure of the postmortem examination results only if relevant to transplantation.   5. The medical examiner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, X rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the medical examiner, which the medical examiner determines may be relevant to the investigation.   6. A person who has any information requested by a medical examiner pursuant to subsection 5 shall provide that information as expeditiously as possible to allow the medical examiner to conduct the medicolegal investigation within a period compatible with the preservation of organs for the purpose of transplantation.   7. If an anatomical gift has been or might be made of an organ of a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is not required, or the medical examiner determines that a postmortem examination is required but that the recovery of the organ that is the subject of an anatomical gift will not interfere with the examination, the medical examiner and organ procurement organization shall cooperate in the timely removal of the organ from the decedent for the purpose of transplantation.   8. a. If an anatomical gift of an organ from a decedent under the jurisdiction of the medical examiner has been or might be made, but the pathologist or medical examiner initially believes that the recovery of the organ could interfere with the postmortem investigation into the decedents cause or manner of death, the pathologist or medical examiner shall consult with the organ procurement organization or physician or technician designated by the organ procurement organization about the proposed recovery.   b. Ancillary clinical tests such as a magnetic resonance imaging (MRI), a computed tomography (CT) scan, or skeletal survey may be required by the pathologist prior to determination of suitability of organ procurement. These tests shall be performed and interpreted by the appropriate physician at the pathologists request, and reported in a timely fashion. All expenses for such tests shall be the responsibility of the organ procurement organization regardless of outcome.   c. After consultation pursuant to paragraph a and any preliminary investigation pursuant to paragraph b, the pathologist or medical examiner may allow recovery, depending on the nature of the case and the availability of a pathologist to view the body prior to recovery.   9. If the manner of death may be homicide or has the potential for litigation, the organ recovery shall be approved by the forensic pathologist, and the forensic pathologist may examine the body prior to organ recovery and document by diagrams and photographs all visible injuries.   10. a. If the medical examiner or designee allows recovery of an organ under subsection 7, 8, or 9, the organ procurement organization, upon request, shall cause the physician or technician who removes the organ to provide the medical examiner with a record describing the condition of the organ, a biopsy, a photograph, and any other information and observations that would assist in the postmortem examination.   b. Arrangements for the examination of bodies of such decedents shall be coordinated between the organ procurement organization and the state medical examiner.   c. If applicable, and whenever possible, the forensic pathologist who examined the decedents body prior to recovery of the organ shall perform the autopsy. If the forensic pathologist is unable to accommodate examination of the body due to scheduling or staffing, the request for organ donation may be denied.   11. If a medical examiner or designee is required to be present at a removal procedure under subsection 9, upon request, the organ procurement organization requesting the recovery of the organ shall reimburse the medical examiner or designee for the additional costs incurred in complying with subsection 9.   12. A physician or technician who removes an organ at the direction of the organ procurement organization may be called to testify about findings from the surgical recovery of organs at no cost to taxpayers if the decedent is under the jurisdiction of the medical examiner.   13. a. The medical examiner or pathologist with jurisdiction over the body of a decedent has discretion to grant or deny permission for organ or tissue recovery.   b. If the recovery of organs or tissues may hinder the determination of cause or manner of death or if evidence may be destroyed by the recovery, permission may be denied.   c. The medical examiner or a pathologist performing state autopsies shall work closely with procurement organizations in an effort to balance the needs of the public and the decedents next of kin.  96 Acts, ch 1048, 1; 2007 Acts, ch 44, 5 
142C.5 Persons who may receive anatomical gifts and purposes for which anatomical gifts may be made.   1. An anatomical gift may be made to the following persons named in a document of gift:   a. A hospital, accredited medical or osteopathic medical school, dental school, college, or university, organ procurement organization, or other appropriate person for research or education.   b. An eye bank or tissue bank.   c. Subject to subsection 2, an individual designated by the person making the anatomical gift if the individual is the recipient of the part.   2. If an anatomical gift to an individual under subsection 1, paragraph c, cannot be transplanted into the individual, the part passes in accordance with subsection 7 in the absence of an express, contrary indication by the person making the anatomical gift.   3. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection 1 but identifies the purpose for which an anatomical gift may be used, the following rules apply:   a. If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.   b. If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.   c. If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.   d. If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.   4. For the purpose of subsection 3, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.   5. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection 1 and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection 7.   6. If a document of gift specifies only a general intent to make an anatomical gift by words such as donor, organ donor, or body donor, or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection 7.   7. For the purposes of subsections 2, 5, and 6, the following rules shall apply:   a. If the part is an eye, the gift passes to the appropriate eye bank.   b. If the part is tissue, the gift passes to the appropriate tissue bank.   c. If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.   8. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection 1, paragraph c, passes to the organ procurement organization as custodian of the organ.   9. If an anatomical gift does not pass pursuant to subsections 1 through 8, or the decedents body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.   10. A person shall not accept an anatomical gift if the person knows that the gift was not effectively made under section 142C.3, subsection 2, or section 142C.4, or if the person knows that the decedent made a refusal under section 142C.3, subsection 4, that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.   11. Except as otherwise provided in subsection 1, paragraph c, nothing in this chapter shall affect the allocation of organs for transplantation or therapy.  95 Acts, ch 39, 5; 2007 Acts, ch 44, 6  Referred to in 142C.2, 142C.4, 142C.6, 142C.8 
142C.5A Search and notification.   1. The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:   a. A law enforcement officer, fire fighter, paramedic, or other emergency rescuer finding the individual.   b. If no other source of the information is immediately available, a hospital, as soon as practical after the individuals arrival at the hospital.   2. If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection 1, paragraph a, and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall deliver the document of gift or refusal to the hospital.   3. A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.  2007 Acts, ch 44, 7 
142C.6 Delivery of document of gift not required  right to examine.   1. A document of gift does not require delivery during the donors lifetime to be effective.   2. Upon or after an individuals death, a person in possession of the document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or the refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to whom the gift could pass under section 142C.5.  95 Acts, ch 39, 6; 2002 Acts, ch 1064, 6; 2003 Acts, ch 108, 38; 2007 Acts, ch 44, 8 
142C.7 Confidential information.   A hospital, licensed or certified health care professional pursuant to chapter 148, 148C, or 152, or medical examiner shall release patient information to a procurement organization as part of a referral or retrospective review of the patient as a potential donor, unless such disclosure would jeopardize an investigation or pose a clear and present danger to the public safety or the safety of an individual. Any information regarding a patient, including the patients identity, however, constitutes confidential medical information and under any other circumstances is prohibited from disclosure without the written consent of the patient or the patients legal representative.  95 Acts, ch 39, 7; 96 Acts, ch 1048, 2; 2002 Acts, ch 1064, 7; 2007 Acts, ch 44, 9; 2008 Acts, ch 1088, 93; 2015 Acts, ch 60, 2 
142C.8 Rights and duties of procurement organizations and donors.   1. When a hospital refers an individual at or near death to a procurement organization, the procurement organization shall make a reasonable search of the records of the state department of transportation, department of natural resources, and any donor registry that the hospital knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.   2. A procurement organization shall be allowed reasonable access to information in the records of the state department of transportation and the department of natural resources to ascertain whether an individual at or near death is a donor.   3. When a hospital refers an individual at or near death to a procurement organization, the procurement organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part shall not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.   4. Unless prohibited by law other than this chapter, at any time after a donors death, the person to whom a part passes under section 142C.5 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.   5. Unless prohibited by law other than this chapter, an examination under subsection 3 or 4 may include an examination of all medical and dental records of the donor or prospective donor.   6. Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.   7. Upon referral by a hospital under subsection 1, a procurement organization shall make a reasonable search for any person listed in section 142C.4 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, the procurement organization shall promptly advise the other person of all relevant information.   8. Subject to section 142C.5, subsection 9, the rights of a person to whom a part passes under section 142C.5 are superior to the rights of all other persons with respect to the part.   9. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this chapter, a person who accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of the remains in a funeral service. If the gift is of a part, the person to whom the part passes under section 142C.5, upon the death of the donor and prior to embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.   10. The physician, physician assistant, or advanced registered nurse practitioner who attends the decedent at death and the physician, physician assistant, or advanced registered nurse practitioner who determines the time of death shall not participate in the procedures for removing or transplanting a part from the decedent.   11. A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.  95 Acts, ch 39, 8; 2007 Acts, ch 44, 10; 2011 Acts, ch 26, 1; 2019 Acts, ch 86, 7 
142C.9 Coordination of procurement and use.   Each hospital in the state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.  95 Acts, ch 39, 9; 2007 Acts, ch 44, 11 
142D.1 Title  findings  purpose.   1. This chapter shall be known and may be cited as the Smokefree Air Act.   2. The general assembly finds that environmental tobacco smoke causes and exacerbates disease in nonsmoking adults and children. These findings are sufficient to warrant measures that regulate smoking in public places, places of employment, and outdoor areas in order to protect the public health and the health of employees.   3. The purpose of this chapter is to reduce the level of exposure by the general public and employees to environmental tobacco smoke in order to improve the public health of Iowans.  2008 Acts, ch 1084, 1 
142D.2 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Bar means an establishment where one may purchase alcoholic beverages, as defined in section 123.3, for consumption on the premises and in which the serving of food is only incidental to the consumption of those beverages.   2. Business means a sole proprietorship, partnership, joint venture, corporation, association, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs.   3. Common area means a reception area, waiting room, lobby, hallway, restroom, elevator, stairway or stairwell, the common use area of a multiunit residential property, or other area to which the public is invited or in which the public is permitted.   4. Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, or a person who provides services to an employer on a voluntary basis.   5. Employer means a person including a sole proprietorship, partnership, joint venture, corporation, association, or other business entity whether for-profit or not-for-profit, including state government and its political subdivisions, that employs the services of one or more individuals as employees.   6. Enclosed area means all space between a floor and ceiling that is contained on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling.   7. Farm tractor means farm tractor as defined in section 321.1.   8. Farm truck means a single-unit truck, truck-tractor, tractor, semitrailer, or trailer used by a farmer to transport agricultural, horticultural, dairy, or other farm products, including livestock, produced or finished by the farmer, or to transport any other personal property owned by the farmer, from the farm to market, and to transport property and supplies to the farm of the farmer.   9. a. Farmer means any of the following:   (1) A person who files schedule F as part of the persons annual form 1040 or form 1041 filing with the United States internal revenue service, or an employee of such person while the employee is actively engaged in farming.   (2) A person who holds an equity position in or who is employed by a business association holding agricultural land where the business association is any of the following:   (a) A family farm corporation, authorized farm corporation, family farm limited partnership, limited partnership, family farm limited liability company, authorized limited liability company, family trust, or authorized trust, as provided in chapter 9H.   (b) A limited liability partnership as defined in section 486A.101.   (3) A natural person related to the person actively engaged in farming as provided in subparagraph (1) or (2) when the person is actively engaged in farming. The natural person must be related as spouse, parent, grandparent, lineal ascendant of a grandparent or a grandparents spouse, other lineal descendant of a grandparent or a grandparents spouse, or a person acting in a fiduciary capacity for persons so related.   b. For purposes of this subsection, actively engaged in farming means participating in physical labor on a regular, continuous, and substantial basis, or making day-to-day management decisions, where such participation or decision making is directly related to raising and harvesting crops for feed, food, seed, or fiber, or to the care and feeding of livestock.   10. Health care provider location means an office or institution providing care or treatment of disease, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to a hospital as defined in section 135B.1, a long-term care facility, an adult day services program as defined in section 231D.1, clinics, laboratories, and the locations of professionals regulated pursuant to Title IV, subtitle 3, and includes all enclosed areas of the location including waiting rooms, hallways, other common areas, private rooms, semiprivate rooms, and wards within the location.   11. Implement of husbandry means implement of husbandry as defined in section 321.1.   12. Long-term care facility means a health care facility as defined in section 135C.1, an elder group home as defined in section 231B.1, or an assisted living program as defined in section 231C.2.   13. Place of employment means an area under the control of an employer and includes all areas that an employee frequents during the course of employment or volunteering, including but not limited to work areas, private offices, conference and meeting rooms, classrooms, auditoriums, employee lounges and cafeterias, hallways, medical facilities, restrooms, elevators, stairways and stairwells, and vehicles owned, leased, or provided by the employer unless otherwise provided under this chapter. Place of employment does not include a private residence, unless the private residence is used as a child care facility, a child care home, or as a health care provider location.   14. Political subdivision means a city, county, township, or school district.   15. Private club means an organization, whether or not incorporated, that is the owner, lessee, or occupant of a location used exclusively for club purposes at all times and that meets all of the following criteria:   a. Is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain.   b. Sells alcoholic beverages only as incidental to its operation.   c. Is managed by a board of directors, executive committee, or similar body chosen by the members.   d. Has established bylaws or another document to govern its activities.   e. Has been granted an exemption from the payment of federal income tax as a club pursuant to 26 U.S.C. 501.   16. Public place means an enclosed area to which the public is invited or in which the public is permitted, including common areas, and including but not limited to all of the following:   a. Financial institutions.   b. Restaurants.   c. Bars.   d. Public and private educational facilities.   e. Health care provider locations.   f. Hotels and motels.   g. Laundromats.   h. Public transportation facilities and conveyances under the authority of the state or its political subdivisions, including buses and taxicabs, and including the ticketing, boarding, and waiting areas of these facilities.   i. Aquariums, galleries, libraries, and museums.   j. Retail food production and marketing establishments.   k. Retail service establishments.   l. Retail stores.   m. Shopping malls.   n. Entertainment venues including but not limited to theaters; concert halls; auditoriums and other facilities primarily used for exhibiting motion pictures, stage performances, lectures, musical recitals, and other similar performances; bingo facilities; and indoor arenas including sports arenas.   o. Polling places.   p. Convention facilities and meeting rooms.   q. Public buildings and vehicles owned, leased, or operated by or under the control of the state government or its political subdivisions and including the entirety of the private residence of any state employee any portion of which is open to the public.   r. Service lines.   s. Private clubs only when being used for a function to which the general public is invited.   t. Private residences only when used as a child care facility, a child care home, or health care provider location.   u. Child care facilities and child care homes.   v. Gambling structures, excursion gambling boats, and racetrack enclosures.   17. Restaurant means eating establishments, including private and public school cafeterias, which offer food to the public, guests, or employees, including the kitchen and catering facilities in which food is prepared on the premises for serving elsewhere, and including a bar area within a restaurant.   18. Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is incidental to the sale of tobacco products.   19. Service line means an indoor line in which one or more individuals are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.   20. Shopping mall means an enclosed public walkway or hall area that serves to connect retail or professional establishments.   21. Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other tobacco product in any manner or in any form. Smoking does not include smoking that is associated with a recognized religious ceremony, ritual, or activity, including but not limited to burning of incense.   22. Sports arena means a sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller or ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.  2008 Acts, ch 1084, 2  Referred to in 237A.3B, 321.453 
142D.3 Prohibition of smoking  public places, places of employment, and outdoor areas.   1. Smoking is prohibited and a person shall not smoke in any of the following:   a. Public places.   b. All enclosed areas within places of employment including but not limited to work areas, private offices, conference and meeting rooms, classrooms, auditoriums, employee lounges and cafeterias, hallways, medical facilities, restrooms, elevators, stairways and stairwells, and vehicles owned, leased, or provided by the employer unless otherwise provided under this chapter.   2. In addition to the prohibitions specified in subsection 1, smoking is prohibited and a person shall not smoke in or on any of the following outdoor areas:   a. The seating areas of outdoor sports arenas, stadiums, amphitheaters, and other entertainment venues where members of the general public assemble to witness entertainment events.   b. Outdoor seating or serving areas of restaurants.   c. Public transit stations, platforms, and shelters under the authority of the state or its political subdivisions.   d. School grounds, including parking lots, athletic fields, playgrounds, tennis courts, and any other outdoor area under the control of a public or private educational facility, including inside any vehicle located on such school grounds.   e. The grounds of any public buildings owned, leased, or operated by or under the control of the state government or its political subdivisions, including the grounds of a private residence of any state employee any portion of which is open to the public with the following exceptions:   (1) This paragraph shall not apply to the Iowa state fairgrounds, or fairgrounds as defined in section 174.1.   (2) This paragraph shall not apply to institutions administered by the department of corrections, except that smoking on the grounds shall be limited to designated smoking areas.   (3) This paragraph shall not apply to facilities of the Iowa national guard as defined in section 29A.1, except that smoking on the grounds shall be limited to designated smoking areas.  2008 Acts, ch 1084, 3  Referred to in 142D.4, 142D.5 
142D.4 Areas where smoking not regulated.   Notwithstanding any provision of this chapter to the contrary, the following areas are exempt from the prohibitions of section 142D.3:   1. Private residences, unless used as a child care facility, child care home, or a health care provider location.   2. Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that not more than twenty percent of the rooms of a hotel or motel rented to guests are designated as smoking rooms, all smoking rooms on the same floor are contiguous, and smoke from smoking rooms does not infiltrate into areas in which smoking is otherwise prohibited under this chapter. The status of smoking and nonsmoking rooms shall not be changed, except to provide additional nonsmoking rooms.   3. Retail tobacco stores, provided that smoke from these locations does not infiltrate into areas in which smoking is otherwise prohibited under this chapter.   4. Private and semiprivate rooms in long-term care facilities, occupied by one or more individuals, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted, provided that smoke from these locations does not infiltrate into areas in which smoking is otherwise prohibited under this chapter.   5. Private clubs that have no employees, except when being used for a function to which the general public is invited, provided that smoke from these locations does not infiltrate into areas in which smoking is otherwise prohibited under this chapter. This exemption shall not apply to any entity that is established for the purpose of avoiding compliance with this chapter.   6. Outdoor areas that are places of employment except those areas where smoking is prohibited pursuant to section 142D.3, subsection 2.   7. Limousines under private hire; vehicles owned, leased, or provided by a private employer that are for the sole use of the driver and are not used by more than one person in the course of employment either as a driver or passenger; privately owned vehicles not otherwise defined as a place of employment or public place; and cabs of motor trucks or truck tractors if no nonsmoking employees are present.   8. An enclosed area within a place of employment or public place that provides a smoking cessation program or a medical or scientific research or therapy program, if smoking is an integral part of the program.   9. Farm tractors, farm trucks, and implements of husbandry when being used for their intended purposes.   10. Only the gaming floor of a premises licensed pursuant to chapter 99F exclusive of any bar or restaurant located within the gaming floor which is an enclosed area and subject to the prohibitions of section 142D.3.   11. The Iowa veterans home.  2008 Acts, ch 1084, 4 
142D.5 Declaration of area as nonsmoking.   1. Notwithstanding any provision of this chapter to the contrary, an owner, operator, manager, or other person having custody or control of an area otherwise exempt from the prohibitions of section 142D.3 may declare the entire area as a nonsmoking place.   2. Smoking shall be prohibited in any location of an area declared a nonsmoking place under this section if a sign is posted conforming to the provisions of section 142D.6.  2008 Acts, ch 1084, 5  Referred to in 142D.6, 142D.8, 142D.9 
142D.6 Notice of nonsmoking requirements  posting of signs.   1. Notice of the provisions of this chapter shall be provided to all applicants for a business license in this state, to all law enforcement agencies, and to any business required to be registered with the office of the secretary of state.   2. All employers subject to the prohibitions of this chapter shall communicate to all existing employees and to all prospective employees upon application for employment the smoking prohibitions prescribed in this chapter.   3. The owner, operator, manager, or other person having custody or control of a public place, place of employment, area declared a nonsmoking place pursuant to section 142D.5, or outdoor area where smoking is prohibited under this chapter shall clearly and conspicuously post in and at every entrance to the public place, place of employment, area declared a nonsmoking place pursuant to section 142D.5, or outdoor area, no smoking signs or the international no smoking symbol. Additionally, a no smoking sign or the international no smoking symbol shall be placed in every vehicle that constitutes a public place, place of employment, or area declared a nonsmoking place pursuant to section 142D.5 under this chapter, visible from the exterior of the vehicle. All signs shall contain the telephone number for reporting complaints and the internet site of the department of public health. The owner, operator, manager, or other person having custody or control of the public place, place of employment, area declared a nonsmoking place pursuant to section 142D.5, or outdoor area may use the sample signs provided on the department of public healths internet site, or may use another sign if the contents of the sign comply with the requirements of this subsection.   4. The owner, operator, manager, or other person having custody or control of a public place, place of employment, area declared a nonsmoking place pursuant to section 142D.5, or outdoor area where smoking is prohibited under this chapter shall remove all ashtrays from these locations.  2008 Acts, ch 1084, 6  Referred to in 142D.5 
142D.7 Nonretaliation  nonwaiver of rights.   1. A person or employer shall not discharge, refuse to employ, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded under this chapter, registers a complaint, or attempts to prosecute a violation of this chapter.   2. An employee who works in a location where an employer allows smoking does not waive or surrender any legal rights the employee may have against the employer or any other person.  2008 Acts, ch 1084, 7 
142D.8 Enforcement.   1. This chapter shall be enforced by the department of public health or the departments designee. The department of public health shall adopt rules to administer this chapter, including rules regarding enforcement. The department of public health shall provide information regarding the provisions of this chapter and related compliance issues to employers, owners, operators, managers, and other persons having custody or control of a public place, place of employment, area declared a nonsmoking place pursuant to section 142D.5, or outdoor area where smoking is prohibited, and the general public via the departments internet site. The internet site shall include sample signage and the telephone number for reporting complaints. Judicial magistrates shall hear and determine violations of this chapter.   2. If a public place is subject to any state or political subdivision inspection process or is under contract with the state or a political subdivision, the person performing the inspection shall assess compliance with the requirements of this chapter and shall report any violations to the department of public health or the departments designee.   3. An owner, operator, manager, or other person having custody or control of a public place, place of employment, area declared a nonsmoking place pursuant to section 142D.5, or outdoor area regulated under this chapter shall inform persons violating this chapter of the provisions of this chapter.   4. An employee or private citizen may bring a legal action to enforce this chapter. Any person may register a complaint under this chapter by filing a complaint with the department of public health or the departments designee.   5. In addition to the remedies provided in this section, the department of public health or the departments designee or any other person aggrieved by the failure of the owner, operator, manager, or other person having custody or control of a public place, place of employment, area declared a nonsmoking place pursuant to section 142D.5, or outdoor area regulated by this chapter to comply with this chapter may seek injunctive relief to enforce this chapter.  2008 Acts, ch 1084, 8 
142D.9 Civil penalties.   1. A person who smokes in an area where smoking is prohibited pursuant to this chapter shall pay a civil penalty pursuant to section 805.8C, subsection 3, paragraph a, for each violation.   2. A person who owns, operates, manages, or otherwise has custody or control of a public place, place of employment, area declared a nonsmoking place pursuant to section 142D.5, or outdoor area regulated under this chapter and who fails to comply with this chapter shall pay a civil penalty as follows:   a. For a first violation, a monetary penalty not to exceed one hundred dollars.   b. For a second violation within one year, a monetary penalty not to exceed two hundred dollars.   c. For each violation in excess of a second violation within one year, a monetary penalty not to exceed five hundred dollars for each additional violation.   3. An employer who discharges or in any manner discriminates against an employee because the employee has made a complaint or has provided information or instituted a legal action under this chapter shall pay a civil penalty of not less than two thousand dollars and not more than ten thousand dollars for each violation.   4. In addition to the penalties established in this section, violation of this chapter by a person who owns, operates, manages, or who otherwise has custody or control of a public place, place of employment, area declared a nonsmoking place pursuant to section 142D.5, or outdoor area regulated under this chapter may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.   5. Violation of this chapter constitutes a public nuisance which may be abated by the department of public health or the departments designee by restraining order, preliminary or permanent injunction, or other means provided by law, and the entity abating the public nuisance may take action to recover the costs of such abatement.   6. Each day on which a violation of this chapter occurs is considered a separate and distinct violation.   7. Civil penalties paid pursuant to this chapter shall be deposited in the general fund of the state, unless a local authority as designated by the department in administrative rules is involved in the enforcement, in which case the civil penalties paid shall be deposited in the general fund of the respective city or county.  2008 Acts, ch 1084, 9  Referred to in 331.427, 805.8C(3)(a)  Nuisances in general, chapter 657 
143.1 Authority to employ.   Any local board of health, area education agency board, or the school board of any school district may employ public health nurses at periods each year and in numbers as deemed advisable. The council of any city, or the school board of any school district, or any of them acting in cooperation, may contract with any nonprofit nurses association for public health nursing service. The compensation and expenses shall be paid out of the general fund of the political subdivision employing nurses.  [C24, 27, 31, 35, 39, 2362; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, 143.1; 81 Acts, ch 117, 1018] 
143.2 Cooperation.   The said boards may cooperate in the employment of public health nurses and may apportion the expenses therefor to the various political subdivisions represented by said authorities.  [C24, 27, 31, 35, 39, 2363; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 143.2] 
143.3 Duties.   The authorities employing any public health nurses shall prescribe their duties which in a general way shall be for the promotion and conservation of the public health.  [C24, 27, 31, 35, 39, 2364; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 143.3] 
144.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Board means the state board of health.   2. Book, list, record, or schedule kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.   3. Court of competent jurisdiction when used to refer to inspection of an original certificate of birth based upon an adoption means the court where the adoption was ordered.   4. Cremated remains means all the remains of the cremated human body recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions, and may include the residue of any foreign matter including casket material, bridgework, or eyeglasses that were cremated with the human remains.   5. Cremation means the technical process, using heat and flame, that reduces human remains to bone fragments, with the reduction taking place through heat and evaporation. Cremation shall include the processing, and may include the pulverization, of the bone fragments.   6. Dead body means a lifeless human body or parts or bones of a body, if, from the state of the body, parts, or bones, it may reasonably be concluded that death recently occurred.   7. Department means the Iowa department of public health.   8. Division means a division, within the department, for records and statistics.   9. Fetal death means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. Death is indicated by the fact that after expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. In determining a fetal death, heartbeats shall be distinguished from transient cardiac contractions, and respirations shall be distinguished from fleeting respiratory efforts or gasps.   10. Filing means the presentation of a certificate, report, or other record, provided for in this chapter, of a birth, death, fetal death, adoption, marriage, dissolution, or annulment for registration by the division.   11. Final disposition means the burial, interment, cremation, removal from the state, or other disposition of a dead body or fetus.   12. Institution means any establishment, public or private, which provides inpatient medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary care to two or more unrelated individuals, or to which persons are committed by law.   13. Live birth means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. In determining a live birth, heartbeats shall be distinguished from transient cardiac contractions, and respirations shall be distinguished from fleeting respiratory efforts or gasps.   14. Registration means the process by which vital statistic records are completed, filed, and incorporated by the division in the divisions official records.   15. State registrar means the state registrar of vital statistics.   16. System of vital statistics includes the registration, collection, preservation, amendment, and certification of vital statistics records, and activities and records related thereto including the data processing, analysis, and publication of statistical data derived from such records.   17. Vital statistics means records of births, deaths, fetal deaths, adoptions, marriages, dissolutions, annulments, and data related thereto.  [C24, 27, 31, 35, 39, 2317, 2384; C46, 50, 54, 58, 62, 66, 141.1, 144.1; C71, 73, 75, 77, 79, 81, 144.1]  83 Acts, ch 101, 21; 97 Acts, ch 159, 7; 99 Acts, ch 141, 14, 15; 2000 Acts, ch 1148, 1; 2002 Acts, ch 1119, 200, 201; 2020 Acts, ch 1025, 1  Referred to in 252A.2 
144.11 Public access to records.   The county registrar shall allow public access to public records under the custody of the county registrar during normal business hours for county offices in the county.  95 Acts, ch 124, 4, 26 
144.12 Forms uniform.   In order to promote and maintain uniformity in the system of vital statistics, the forms of certificates, reports, and other returns shall include as a minimum the items recommended by the federal agency responsible for national vital statistics, subject to approval and modification by the department. Forms shall be furnished by the department. The forms or other recording methods used to register records required under this chapter shall be prescribed by the department.  [C71, 73, 75, 77, 79, 81, 144.12]  88 Acts, ch 1158, 35; 97 Acts, ch 159, 9  Referred to in 595.15 
144.12A Declaration of paternity registry.   1. As used in this section, unless the context otherwise requires:   a. Child means a person under eighteen years of age for whom paternity has not been established.   b. Court means the juvenile court.   c. Father means the male, biological parent of a child.   d. Putative father means a man who is alleged to be or who claims to be the biological father of a child born to a woman to whom the man is not married at the time of the birth of the child.   e. Registrant means a person who has registered pursuant to this section and who claims to be the father of a child.   f. Registrar means the state registrar of vital statistics.   g. Registry means the declaration of paternity registry established in this section.   2. a. The registrar shall establish a declaration of paternity registry to record the name, address, social security number, and any other identifying information required by rule of the department of a putative father who wishes to register under this section prior to the birth of a child and no later than the date of the filing of the petition for termination of parental rights.   b. The declaration does not constitute an affidavit of paternity filed pursuant to section 252A.3 and declarations filed shall be maintained by the registrar in a registry distinct from the registry used to maintain affidavits of paternity filed pursuant to section 252A.3. A declaration of paternity filed with the registry may be used as evidence of paternity in an action to establish paternity or to determine a support obligation with respect to the putative father.   c. Failure or refusal to file a declaration of paternity shall not be used as evidence to avoid a legally established obligation of financial support for a child.   3. A person who files a declaration of paternity with the registrar shall include in the declaration all of the following:   a. The persons name, current address, social security number, and any other identifying information requested by the department. If the person filing the declaration of paternity changes the persons address, the person shall notify the registrar of the new address in a manner prescribed by the department.   b. The name, last known address, and social security number, if known, of the mother of the child, or any other identifying information requested by the department.   c. The name of the child, if known, and the date and location of the birth of the child, if known.   d. The registrar shall accept a declaration of paternity filed in accordance with this section.   e. The registrar shall forward a copy of the declaration to the mother as notification that the person has registered with the registry.   f. The registrar shall accept and immediately register, upon receipt, a declaration of paternity without a fee and without the signature of the biological mother. The registrar may charge a reasonable fee as established by rule of the department for processing searches of the registry.   4. The department shall, upon request, provide the name, address, social security number, and any other identifying information of a registrant to the biological mother of the child; a court; the department of human services; the attorney of any party to an adoption, termination of parental rights, or establishment of paternity or support action; or to the child support recovery unit for an action to establish paternity or support. The information shall not be divulged to any other person and shall be considered a confidential record as to any other person, except upon order of the court for good cause shown. If the registry has not received a declaration of paternity, the department shall provide a written statement to that effect to the person making the inquiry.   5. a. Information provided to the registry may be revoked by the registrant by submission of a written statement signed and acknowledged by the registrant before a notary public as provided in chapter 9B.   b. The statement shall include a declaration that to the best of the registrants knowledge, the registrant is not the father of the named child or that paternity of the true father has been established.   c. Revocation nullifies the registration and the information provided by the registrant shall be expunged.   d. Revocation is effective only following the birth of the child.   6. The department shall adopt rules necessary to implement and administer this section. The rules shall include establishment of sites throughout the state for local distribution of declaration of paternity registration forms.  94 Acts, ch 1174, 2; 95 Acts, ch 67, 12; 2012 Acts, ch 1050, 36, 60  Referred to in 22.7(30), 233.2, 252K.201, 600A.6, 600A.7 
144.13 Birth certificates.   1. Certificates of births shall be filed as follows:   a. A certificate of birth for each live birth which occurs in this state shall be filed as directed by the state registrar within seven days after the birth and shall be registered by the county registrar if it has been completed and filed in accordance with this chapter.   b. When a birth occurs in an institution or en route to an institution, the person in charge of the institution or the persons designated representative, shall obtain the personal data, prepare the certificate, and file the certificate as directed by the state registrar. The physician in attendance or the person in charge of the institution or the persons designee shall certify to the facts of birth either by signature or as otherwise authorized by rule and provide the medical information required by the certificate within seven days after the birth.   c. When a birth occurs outside an institution and not en route to an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:   (1) The physician in attendance at or immediately after the birth.   (2) Any other person in attendance at or immediately after the birth.   (3) The father or the mother.   (4) The person in charge of the premises where the birth occurred. The state registrar shall establish by rule the evidence required to establish the facts of birth.   d. The state registrar may share information from birth certificates for the sole purpose of identifying those children in need of immunizations.   e. If an affidavit of paternity is obtained directly from the county registrar and is filed pursuant to section 252A.3A the county registrar shall forward the original affidavit to the state registrar.   2. If the mother was married at the time of conception, birth, or at any time during the period between conception and birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered by the department.   3. If the mother was not married at the time of conception, birth, and at any time during the period between conception and birth, the name of the father shall not be entered on the certificate of birth, unless a determination of paternity has been made pursuant to section 252A.3, in which case the name of the father as established shall be entered by the department. If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.   4. The division shall make all of the following available to the child support recovery unit, upon request:   a. A copy of a childs birth certificate.   b. The social security numbers of the mother and the father.   c. A copy of the affidavit of paternity if filed pursuant to section 252A.3A and any subsequent rescission form which rescinds the affidavit.   d. Information, other than information for medical and health use only, identified on a childs birth certificate or on an affidavit of paternity filed pursuant to section 252A.3A. The information may be provided as mutually agreed upon by the division and the child support recovery unit, including by automated exchange.  [C24, 27, 31, 35, 39, 2397, 2398, 2399, 2400, 2401; C46, 50, 54, 58, 62, 66, 144.12  144.16; C71, 73, 75, 77, 79, 81, 144.13]  88 Acts, ch 1158, 36; 90 Acts, ch 1052, 1; 92 Acts, ch 1097, 2; 93 Acts, ch 79, 9; 93 Acts, ch 116, 1; 94 Acts, ch 1171, 2, 3; 95 Acts, ch 94, 1; 97 Acts, ch 159, 10  12; 97 Acts, ch 175, 223  225; 99 Acts, ch 141, 16; 2017 Acts, ch 54, 76  Referred to in 144.13A, 233.2, 252A.3A, 331.611 
144.13A Fees  use of funds  electronic birth certificate system.   1. The state registrar shall charge the parent a fee of twenty dollars for the registration of a certificate of birth.   2. The state registrar shall charge the parent a separate fee established under section 144.46 for a certified copy of the certificate. The certified copy shall include all of the information included in the original certificate of birth and shall be letter-sized. The certified copy shall be mailed to the parent by the state registrar. The mailing of a certified copy of the certificate to a biological parent shall not be precluded by the execution of a release of custody under chapter 600A, and, upon request, a biological parent shall be provided with a certified copy of the certificate unless the parental rights of the biological parent are terminated.   3. a. If, during the period between May 1993 and October 2009, a parent was issued a smaller than letter-sized certified copy of the certificate of birth under this section, which did not include all of the information included in the original certificate of birth, upon request of a parent, the state registrar shall issue to the parent a single letter-sized certified copy replacement that includes all of the information provided in the original certificate of birth. A parent shall not be required to exchange the smaller certified copy for the larger certified copy replacement, but may retain the smaller certified copy.   b. Notwithstanding the amount of the fee charged under subsection 2, the state registrar shall not charge a fee for the issuance of a single letter-sized certified copy of the certificate of birth requested by a parent under this subsection.   c. This subsection shall not apply if a new certificate of birth was substituted for the original certificate of birth pursuant to section 144.24.   d. The department shall post the application form and instructions for requesting a letter-sized certified copy replacement as specified in this subsection on the departments internet site. This paragraph is repealed June 30, 2022.   4. If the person responsible for the filing of the certificate of birth under section 144.13 is not the parent, the person is entitled to collect the fee from the parent. The fee shall be remitted to the state registrar. If the expenses of the birth are reimbursed under the medical assistance program established by chapter 249A or if the parent is indigent and unable to pay the expenses of the birth and no other means of payment is available to the parent, the registration fee and certified copy fee are waived. If the person responsible for the filing of the certificate is not the parent, the person is discharged from the duty to collect and remit the fee under this section if the person has made a good faith effort to collect the fee from the parent.   5. The fees collected by the state registrar shall be remitted to the treasurer of state for deposit in the general fund of the state.   a. Ten dollars of each registration fee is appropriated and shall be used for primary and secondary child abuse prevention programs pursuant to section 235A.1, and ten dollars of each registration fee is appropriated and shall be used for the center for congenital and inherited disorders central registry established pursuant to section 136A.6. Notwithstanding section 8.33, moneys appropriated in this paragraph that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year, and shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this paragraph.   b. It is the intent of the general assembly that the funds generated from the fees as established under section 144.46 for the mailing of the certified copy of the birth certificate be appropriated and used to support the distribution of the automatic birth certificate and the implementation of the electronic birth certificate system.   6. The state registrar shall provide the county registrars with access to all birth records available through the electronic birth certificate system, including all records provided in accordance with section 144.13 or section 144.14 and birth records that are prepared and delivered to parents named in an adoption decree pursuant to section 600.13, subsection 5.  85 Acts, ch 173, 1; 87 Acts, ch 233, 428; 88 Acts, ch 1158, 37; 91 Acts, ch 243, 1; 92 Acts, ch 1097, 3; 95 Acts, ch 124, 5, 26; 99 Acts, ch 96, 13; 99 Acts, ch 141, 17; 2003 Acts, ch 103, 1; 2004 Acts, ch 1031, 12; 2004 Acts, ch 1156, 1; 2004 Acts, ch 1171, 1, 2; 2005 Acts, ch 167, 45, 66; 2005 Acts, ch 175, 82, 129; 2006 Acts, ch 1155, 2, 15; 2015 Acts, ch 119, 1; 2017 Acts, ch 148, 105, 106  Referred to in 232.2, 331.611, 600A.9 
144.13B Waiver of fees  military service.   Notwithstanding any provision of this chapter to the contrary, the certified copy fees for a birth certificate or death certificate of a service member who died while performing military duty, as defined in section 29A.1, subsection 3, 8, or 12, shall be waived for a period of one year from the date of death for a family member of the deceased service member.  2010 Acts, ch 1170, 2; 2011 Acts, ch 47, 7; 2012 Acts, ch 1072, 32  Referred to in 331.611 
144.14 Foundlings.   1. A person who assumes the custody of a living infant of unknown parentage shall report on a form and in the manner prescribed by the state registrar within five days to the county registrar of the county in which the child was found, the following information:   a. The date and place the child was found.   b. The sex, color or race, and approximate age of the child.   c. The name and address of the person or institution which has assumed custody of the child.   d. The name given to the child by the custodian.   e. Other data required by the state registrar.   2. The place where the child was found shall be entered as the place of birth and the date of birth shall be determined by approximation. A report registered under this section shall constitute the certificate of birth for the infant.   3. If the child is identified and a certificate of birth is found or obtained, any report registered under this section shall be sealed and filed and may be opened only by order of a court of competent jurisdiction or as provided by regulation.  [C71, 73, 75, 77, 79, 81, 144.14]  88 Acts, ch 1158, 38; 2009 Acts, ch 133, 44  Referred to in 144.13A, 233.2, 331.611 
144.15 Delayed registrations of birth.   1. When the birth of a person born in this state has not been registered, a certificate may be filed in accordance with regulations. The certificate shall be registered subject to evidentiary requirements prescribed to substantiate the alleged facts of birth. Certificates of birth registered one year or more after the date of occurrence shall be marked delayed and shall show on their face the date of the delayed registration. A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate. A delayed certificate of birth shall not be registered for a deceased person.   2. When an applicant does not submit the substantiating evidence required for delayed registration or when the state registrar finds reason to question the validity or adequacy of the evidence, the state registrar shall not register the delayed certificate and shall advise the applicant of the reasons for this action. The registration official shall advise the applicant of the applicants right of appeal to the district court pursuant to sections 144.17 and 144.18, which sections shall be applicable to such appeal notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A.   3. The department may by regulation provide for the dismissal of an application which is not actively prosecuted.  [C71, 73, 75, 77, 79, 81, 144.15]  97 Acts, ch 159, 13; 2003 Acts, ch 44, 114; 2017 Acts, ch 54, 76  Referred to in 144.17, 144.25, 331.611 
144.16 Delayed registration of death or marriage.   When a death or marriage occurring in this state has not been registered, a certificate may be filed in accordance with regulations. Such certificate shall be registered subject to evidentiary requirements prescribed to substantiate the alleged facts of death or marriage. Certificates of death and marriage registered one year or more after the date of occurrence shall be marked delayed and shall show on their face the date of the delayed registration.  [C71, 73, 75, 77, 79, 81, 144.16]  Referred to in 331.611 
144.17 Petition to establish certificate.   1. If a delayed certificate of birth is rejected under the provisions of section 144.15, a petition may be filed with the district court for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.   2. a. The petition shall be made on a form prescribed and furnished by the state registrar and shall allege:   (1) That the person for whom a delayed certificate of birth is sought was born in this state.   (2) That no record of birth of that person can be found in the office of the state or county custodian of birth records.   (3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with section 144.15.   (4) That the state registrar has refused to register a delayed certificate of birth.   (5) Such other allegations as may be required.   b. The petition shall be accompanied by a statement of the registration official made in accordance with section 144.15 and all documentary evidence which was submitted to the registration official in support of such registration. The petition shall be verified by the petitioner.  [C71, 73, 75, 77, 79, 81, 144.17]  88 Acts, ch 1158, 39; 2009 Acts, ch 41, 193  Referred to in 144.15, 144.25, 331.611 
144.18 Court hearing.   1. The court shall fix a time and place for hearing the petition and shall give the registration official who refused to register the petitioners delayed certificate of birth at least ten days notice of such hearing. If both persons to be named as parents are not a party to the petition, such person or persons, if living, shall also be given at least ten days notice of the hearing. The court shall prescribe the manner of such notice. Such official, or the officials authorized representative, may appear and testify in the proceeding.   2. If the court from the evidence presented finds that the person for whom a delayed certificate of birth is sought was born in this state, it shall make findings as the case may require and shall issue an order on a form prescribed and furnished by the state registrar to establish a record of birth. The order shall include the birth data to be registered, a description of the evidence presented, and the date of the courts action.   3. The clerks of the district court shall forward each order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar and shall constitute the record of birth, from which copies may be issued in accordance with sections 144.42 through 144.46.  [C71, 73, 75, 77, 79, 81, 144.18]  2017 Acts, ch 29, 42  Referred to in 144.15, 144.25, 331.611 
144.19 Adoption certificate.   For each adoption decreed by any court in this state, the court shall require the preparation of a certificate of adoption on a form prescribed and furnished by the state registrar. The certificate shall include a report of the facts necessary to locate and identify the certificate of birth of the person adopted, provide information necessary to establish a new certificate of birth of the person adopted, identify the order of adoption, and be certified by the clerk of the court. A fee established by the department by rule based on average administrative cost shall be collected for the preparation of a certificate of adoption. Fees collected under this section shall be deposited in the general fund of the state.  [C46, 50, 54, 58, 62, 66, 144.44; C71, 73, 75, 77, 79, 81, 144.19; 81 Acts, ch 64, 4]  Referred to in 144.23, 600.13 
144.2 Division of records and statistics.   There is established in the department a division for records and statistics which shall install, maintain, and operate the system of vital statistics throughout the state. No system for the registration of births, deaths, fetal deaths, adoptions, marriages, dissolutions, and annulments, shall be maintained in the state or any of its political subdivisions other than the one provided for in this chapter. Suitable quarters shall be provided for the division by the executive council at the seat of government. The quarters shall be properly equipped for the permanent and safe preservation of all official records made and returned under this chapter.  [C24, 27, 31, 35, 39, 2388, 2432; C46, 50, 54, 58, 62, 66, 144.3, 144.49; C71, 73, 75, 77, 79, 81, 144.2]  83 Acts, ch 101, 22 
144.20 Information.   Information in the possession of the petitioner necessary to prepare the adoption report shall be furnished with the petition for adoption by each petitioner for adoption or the petitioners attorney. The adoption services provider or other person concerned shall supply the court with such additional information in their possession as necessary to complete the certificate. The provision of such information shall be submitted to the court prior to the issuance of a final decree in the matter by the court, unless found by the court to be unavailable after diligent inquiry.  [C71, 73, 75, 77, 79, 81, 144.20]  2021 Acts, ch 80, 73  Section amended 
144.21 Amended record.   Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a certificate, which shall include facts necessary to identify the original adoption report, and facts in the adoption decree necessary to properly amend the birth record.  [C46, 50, 54, 58, 62, 66, 144.44; C71, 73, 75, 77, 79, 81, 144.21] 
144.22 Clerk to report to state registrar.   Not later than the tenth day of each calendar month, the clerk of the court shall forward to the state registrar certificates of adoption, or amendment or annulment of adoption, entered in the preceding month, together with such related reports as the state registrar requires. The state registrar, upon receipt from a court of a certificate of adoption, or amendment or annulment of adoption, for a person born outside this state shall forward the certificate to the appropriate registration authority in the state of birth.  [C46, 50, 54, 58, 62, 66, 144.44; C71, 73, 75, 77, 79, 81, 144.22] 
144.23 State registrar to issue new certificate.   The state registrar shall establish a new certificate of birth for a person born in this state, when the state registrar receives the following:   1. An adoption report as provided in section 144.19, or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth.   2. A request that a new certificate be established and evidence proving that the person for whom the new certificate is requested has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person.   3. A notarized affidavit by a licensed physician and surgeon or osteopathic physician and surgeon stating that by reason of surgery or other treatment by the licensee, the sex designation of the person has been changed. The state registrar may make a further investigation or require further information necessary to determine whether a sex change has occurred.  [C24, 27, 31, 35, 39, 2406; C46, 50, 54, 58, 62, 66, 144.21, 144.44; C71, 73, 75, 77, 79, 81, 144.23]  2002 Acts, ch 1040, 1, 5; 2005 Acts, ch 89, 12  Referred to in 600.13 
144.24 Substituting new for original birth certificates  inspection.   1. If a new certificate of birth is established, the actual place and date of birth shall be shown on the certificate. The certificate shall be substituted for the original certificate of birth.   2. Following substitution of the original certificate of birth with a new certificate of birth, the original certificate and the evidence of adoption, paternity, legitimation, or sex change shall not be subject to inspection except under order of a court of competent jurisdiction, including but not limited to an order issued pursuant to section 600.16A, as provided in section 144.24A, or as provided by administrative rule for statistical or administrative purposes only.   3. Notwithstanding subsection 2, the state registrar shall, upon the application of an adult adopted person, a biological parent, an adoptive parent, or the legal representative of the adult adopted person, the biological parent, or the adoptive parent, inspect the original certificate and the evidence of adoption and reveal to the applicant the date of the adoption and the name and address of the court which issued the adoption decree.  [C24, 27, 31, 35, 39, 2406; C46, 50, 54, 58, 62, 66, 144.21, 144.44; C71, 73, 75, 77, 79, 81, 144.24]  91 Acts, ch 243, 2; 99 Acts, ch 141, 18; 2021 Acts, ch 113, 1  Referred to in 144.13A, 144.24A  Section amended 
144.24A Access to original certificate of birth  application  contact preference form  medical history form  fees.   1. Notwithstanding any provision of law to the contrary, an adopted person who was born in this state and whose original certificate of birth was substituted with a new certificate of birth pursuant to section 144.24 based upon the adoption, or an entitled person, may apply for and obtain a noncertified copy of the original certificate of birth of the adopted person who is the subject of the original certificate of birth in accordance with this section, including with any required redaction of personally identifiable information pursuant to subsection 2, paragraph a, subparagraph (4).   a. (1) If an adopted person who is the subject of the original certificate of birth is submitting the application, the adopted person shall be at least eighteen years of age at the time the application is filed.   (2) If an entitled person is submitting the application, the adopted person who is the subject of the original certificate of birth shall be deceased at the time the application is filed.   b. The adopted person or the entitled person shall file a written application with the state registrar on a form and in the manner prescribed by the state registrar requesting a noncertified copy of the original certificate of birth.   c. Upon receipt of the written application, proof of identification, and payment of a fee, the state registrar shall issue a noncertified copy of the original certificate of birth to the applicant in accordance with this section, including with any required redaction of personally identifiable information pursuant to subsection 2, paragraph a, subparagraph (4). At the time of such issuance, the state registrar shall also provide to the applicant any contact preference form or medical history form completed and submitted to the state registrar pursuant to subsections 2 and 3 in accordance with this section, including with any required redaction of personally identifiable information pursuant to subsection 2, paragraph a, subparagraph (4), and subsection 3, paragraph a, subparagraph (4).   2. a. The state registrar shall develop a contact preference form on which a biological parent may state a preference regarding contact by an adopted person or an entitled person following application for and issuance of the noncertified copy of the original certificate of birth under this section. The preferences available to the biological parent shall include all of the following, from which the biological parent may choose only one:   (1) I would like to be contacted. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contact preference form with the state registrar.   (2) I would prefer to be contacted only through an intermediary. I would like the following named individual or entity to act as an intermediary. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contact preference form with the state registrar.   (3) I do not want to be contacted; however, my personally identifiable information may be released if requested in accordance with Iowa Code section 144.24A. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contact preference form with the state registrar.   (4) I do not want to be contacted. I request that my personally identifiable information be redacted from the noncertified copy of the original certificate of birth and my contact preference form. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contract preference form with the state registrar.   b. The contact preference form shall also state that regardless of whether a contact preference form is completed by the biological parent, a noncertified copy of the original certificate of birth shall be issued to an adopted person or an entitled person who applies for a noncertified copy of an original certificate of birth in accordance with this section, including with any required redaction of personally identifiable information pursuant to subsection 2, paragraph a, subparagraph (4).   c. The contact preference form shall be provided to the biological parent in accordance with section 600A.4. A contact preference form may be completed or updated by the biological parent at any time at the request of the biological parent.   3. a. The state registrar shall develop a medical history form on which a biological parent may provide the medical history of the biological parent and any blood relatives. The options available to the biological parent shall include all of the following, from which the biological parent may choose only one:   (1) I am not aware of any medical history of any significance.   (2) I prefer not to provide any medical information at this time.   (3) I wish to provide the following medical information included on the attached form.   (4) I wish to provide the following medical information included in the attached form. However, I request that my personally identifiable information be redacted from the medical information form prior to its release under Iowa Code section 144.24A.   b. The medical history form shall be provided to the biological parent in accordance with section 600A.4. A medical history form may be completed or updated by the biological parent at any time at the request of the biological parent.   4. Upon receipt of a completed contact preference form or medical history form, the state registrar shall attach any such completed form to the original certificate of birth.   5. For the purposes of this section, entitled person means the spouse of the adopted person who is deceased or an adult related to the adopted person who is deceased within the second degree of consanguinity.   6. The state registrar shall adopt rules pursuant to chapter 17A to administer this section including rules relating to all of the following:   a. Establishment, collection, and deposit of fees in accordance with section 144.46 for issuance of a noncertified copy of the original certificate of birth under this section. The fee established shall not exceed the fee established for issuance of a certified copy of a certificate of birth.   b. The application form and proof of identification requirements relative to an application for a noncertified copy of an original certificate of birth.   c. The contact preference form and the medical history form.   7. a. The department shall implement a public awareness and notification period to promote awareness of the provisions of this section and to allow time for a biological parent to file contact preference and medical history forms.   b. An application may be submitted under this section by an adopted person or an entitled person to obtain a noncertified copy of an adopted persons original certificate of birth in accordance with this section, if the adopted person who is the subject of the original certificate of birth was born before January 1, 1971.   c. Beginning January 1, 2022, an application may be submitted under this section by an adopted person or an entitled person to obtain a noncertified copy of an adopted persons original certificate of birth in accordance with this section, notwithstanding the date of birth of the adopted person who is the subject of the original certificate of birth prescribed under paragraph b.  2021 Acts, ch 113, 2, 6  Referred to in 144.24, 600.13, 600.16A, 600A.4  NEW section 
144.25 No previous certificate  procedure.   1. If no certificate of birth is on file for the person for whom a new certificate is to be established, a delayed certificate of birth shall be filed with the state registrar as provided in section 144.15, or sections 144.17 and 144.18, before a new certificate of birth is established, except that when the date and place of birth and parentage have been established in the adoption proceedings, a delayed certificate shall not be required.   2. When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any custodian of permanent local records in this state shall be sealed from inspection or forwarded to the state registrar of vital statistics, as the state registrar shall direct.  [C71, 73, 75, 77, 79, 81, 144.25] 
144.25A Certificate of birth  foreign and international adoptions.   The department shall adopt rules pursuant to chapter 17A to establish a procedure for the issuance of a certificate of birth for children adopted pursuant to section 600.15.  2002 Acts, ch 1040, 2, 5 
144.26 Death certificate.   1. a. A death certificate for each death which occurs in this state shall be filed as directed by the state registrar within three days after the death and prior to final disposition, and shall be registered by the county registrar if it has been completed and filed in accordance with this chapter. A death certificate shall include the social security number, if provided, of the deceased person. All information including the certifying physicians, physician assistants, or advanced registered nurse practitioners name shall be typewritten.   b. A physician assistant or an advanced registered nurse practitioner authorized to sign a death certificate shall be licensed in this state and shall have been in charge of the deceased patients care.   2. All information included on a death certificate may be provided as mutually agreed upon by the division and the child support recovery unit, including by automated exchange.   3. a. The county in which a dead body is found is the county of death. If death occurs in a moving conveyance, the county in which the dead body is first removed from the conveyance is the county of death.   b. If a decedent died outside of the county of the decedents residence, the state registrar shall send a copy of the decedents death certificate and any amendments to the county registrar of the county of the decedents residence. The county registrar shall record a death certificate received pursuant to this paragraph in the same records in which the death certificate of a decedent who died within the county is recorded. The state registrar may provide the county registrars with electronic access to vital records in lieu of the requirements of this paragraph.   4. a. The department shall establish by rule procedures for making a finding of presumption of death when no body can be found. The department shall also provide by rule the responsibility for completing and signing the medical certification of cause of death in such circumstances. The presumptive death certificate shall be in a form prescribed by the state registrar and filed in the county where the death was presumed to occur.   b. The division shall provide for the correction, substitution, or removal of a presumptive death certificate when the body of the person is later found, additional facts are discovered, or the person is discovered to be alive.   5. Upon the activation of an electronic death record system, each person with a duty related to death certificates shall participate in the electronic death record system. A person with a duty related to a death certificate includes but is not limited to a physician as defined in section 135.1, a physician assistant, an advanced registered nurse practitioner, a funeral director, and a county recorder.  [SS15, 587-b; C24, 27, 31, 35, 39, 2319; C46, 50, 54, 58, 62, 66, 141.3; C71, 73, 75, 77, 79, 81, S81, 144.26; 81 Acts, ch 64, 5]  88 Acts, ch 1158, 40; 97 Acts, ch 159, 14; 97 Acts, ch 175, 226; 2002 Acts, ch 1108, 11; 2011 Acts, ch 26, 2; 2012 Acts, ch 1069, 1, 3; 2013 Acts, ch 140, 17  Referred to in 144.35, 331.611, 633.520 
144.27 Funeral directors duties  death certificate  disposition of unclaimed veterans remains.   1. The funeral director who first assumes custody of a dead body shall file the death certificate, obtain the personal data from the next of kin or the best qualified person or source available and obtain the medical certification of cause of death from the person responsible for completing the certification. When a person other than a funeral director assumes custody of a dead body, the person shall be responsible for carrying out the provisions of this section.   2. a. A funeral director responsible for filing a death certificate under this section may after a period of one hundred eighty days release to the department of veterans affairs the name of a deceased person whose cremated remains are not claimed by a person authorized to control the decedents remains under section 144C.5, for the purposes of determining whether the deceased person is a veteran or dependent of a veteran and is eligible for inurnment at a national or state veterans cemetery. If obtained pursuant to subsection 1, the funeral director may also release to the department of veterans affairs documents of identification, including but not limited to the social security number, military service number, and military separation or discharge documents, or such similar federal or state documents, of such a person.   b. If the department of veterans affairs determines that the cremated remains of the deceased person are eligible for inurnment at a national or state veterans cemetery, the department of veterans affairs shall notify the funeral director of the determination. If the cremated remains have not been claimed by a person authorized to control the decedents remains under section 144C.5 one hundred eighty days after the funeral director receives notice under this paragraph b, all rights to the cremated remains shall cease, and the funeral director shall transfer the cremated remains to an eligible veterans organization if the eligible veterans organization has secured arrangements for the inurnment of the cremated remains at a national or state veterans cemetery. For purposes of this subsection, an eligible veterans organization means a veterans service organization organized for the benefit of veterans and chartered by the United States Congress or a veterans remains organization exempt from federal income taxes under section 501(c)(3) of the Internal Revenue Code that is recognized by the department of veterans affairs to inurn unclaimed cremated remains.   c. A funeral director providing information or transferring cremated remains shall be immune from criminal, civil, or other regulatory liability arising from any actions in accordance with this subsection. In addition, the department of veterans affairs, a national or state veterans cemetery, and an eligible veterans organization shall be immune from criminal, civil, or other regulatory liability arising from any actions in accordance with this subsection. Such immunity shall not apply to acts or omissions constituting intentional misconduct.  [C24, 27, 31, 35, 39, 2321; C46, 50, 54, 58, 62, 66, 141.5; C71, 73, 75, 77, 79, 81, 144.27]  97 Acts, ch 159, 15; 2016 Acts, ch 1033, 1  Referred to in 331.611 
144.28 Medical certification.   1. a. For the purposes of this section, nonnatural cause of death means the death is a direct or indirect result of physical, chemical, thermal, or electrical trauma, or drug or alcohol intoxication or other poisoning.   b. Unless there is a nonnatural cause of death, the medical certification shall be completed and signed by the physician, physician assistant, or advanced registered nurse practitioner in charge of the patients care for the illness or condition which resulted in death within seventy-two hours after receipt of the death certificate from the funeral director or individual who initially assumes custody of the body.   c. If there is a nonnatural cause of death, the county or state medical examiner shall be notified and shall conduct an inquiry.   d. If the decedent was an infant or child and the cause of death is not known, a medical examiners inquiry shall be conducted and an autopsy performed as necessary to exclude a nonnatural cause of death.   e. If upon inquiry into a death, the county or state medical examiner determines that a preexisting natural disease or condition was the likely cause of death and that the death does not affect the public interest as described in section 331.802, subsection 3, the medical examiner may elect to defer to the physician, physician assistant, or advanced registered nurse practitioner in charge of the patients preexisting condition the certification of the cause of death.   f. When an inquiry is required by the county or state medical examiner, the medical examiner shall investigate the cause and manner of death and shall complete and sign the medical certification within seventy-two hours after determination of the cause and manner of death.   2. The person completing the medical certification of cause of death shall attest to its accuracy either by signature or by an electronic process approved by rule.  [C24, 27, 31, 35, 39, 2320; C46, 50, 54, 58, 62, 66, 141.4(18); C71, 73, 75, 77, 79, 81, 144.28]  97 Acts, ch 159, 16; 2002 Acts, ch 1098, 2; 2007 Acts, ch 159, 26; 2008 Acts, ch 1058, 13; 2011 Acts, ch 26, 3  Referred to in 144.35, 331.611 
144.29 Fetal deaths.   1. A fetal death certificate for each fetal death which occurs in this state after a gestation period of twenty completed weeks or greater, or for a fetus with a weight of three hundred fifty grams or more shall be filed as directed by the state registrar within three days after delivery and prior to final disposition of the fetus. The certificate shall be registered if it has been completed and filed in accordance with this chapter.   2. The county in which a dead fetus is found is the county of death. The certificate shall be filed within three days after the fetus is found. If a fetal death occurs in a moving conveyance, the county in which the fetus is first removed from the conveyance is the county of death.  [C24, 27, 31, 35, 39, 2405; C46, 50, 54, 58, 62, 66, 144.20; C71, 73, 75, 77, 79, 81, 144.29]  88 Acts, ch 1158, 41; 97 Acts, ch 159, 17  Referred to in 144.35, 331.611 
144.29A Termination of pregnancy reporting  legislative intent.   1. A health care provider who initially identifies and diagnoses a spontaneous termination of pregnancy or who induces a termination of pregnancy shall file with the department a report for each termination within thirty days of the occurrence. The health care provider shall make a good faith effort to obtain all of the following information that is available with respect to each termination:   a. The confidential health care provider code as assigned by the department.   b. The report tracking number.   c. The maternal health services region of the Iowa department of public health, as designated as of July 1, 1997, in which the patient resides.   d. The race of the patient.   e. The age of the patient.   f. The marital status of the patient.   g. The educational level of the patient.   h. The number of previous pregnancies, live births, and spontaneous or induced terminations of pregnancies.   i. The month and year in which the termination occurred.   j. The number of weeks since the patients last menstrual period and a clinical estimate of gestation.   k. The method used for an induced termination, including whether mifepristone was used.   2. It is the intent of the general assembly that the information shall be collected, reproduced, released, and disclosed in a manner specified by rule of the department, adopted pursuant to chapter 17A, which ensures the anonymity of the patient who experiences a termination of pregnancy, the health care provider who identifies and diagnoses or induces a termination of pregnancy, and the hospital, clinic, or other health facility in which a termination of pregnancy is identified and diagnosed or induced. The department may share information with federal public health officials for the purposes of securing federal funding or conducting public health research. However, in sharing the information, the department shall not relinquish control of the information, and any agreement entered into by the department with federal public health officials to share information shall prohibit the use, reproduction, release, or disclosure of the information by federal public health officials in a manner which violates this section. The department shall publish, annually, a demographic summary of the information obtained pursuant to this section, except that the department shall not reproduce, release, or disclose any information obtained pursuant to this section which reveals the identity of any patient, health care provider, hospital, clinic, or other health facility, and shall ensure anonymity in the following ways:   a. The department may use information concerning the report tracking number or concerning the identity of a reporting health care provider, hospital, clinic, or other health facility only for purposes of information collection. The department shall not reproduce, release, or disclose this information for any purpose other than for use in annually publishing the demographic summary under this section.   b. The department shall enter the information, from any report of termination submitted, within thirty days of receipt of the report, and shall immediately destroy the report following entry of the information. However, entry of the information from a report shall not include any health care provider, hospital, clinic, or other health facility identification information including, but not limited to, the confidential health care provider code, as assigned by the department.   c. To protect confidentiality, the department shall limit release of information to release in an aggregate form which prevents identification of any individual patient, health care provider, hospital, clinic, or other health facility. For the purposes of this paragraph, aggregate form means a compilation of the information received by the department on termination of pregnancies for each information item listed, with the exceptions of the report tracking number, the health care provider code, and any set of information for which the amount is so small that the confidentiality of any person to whom the information relates may be compromised. The department shall establish a methodology to provide a statistically verifiable basis for any determination of the correct amount at which information may be released so that the confidentiality of any person is not compromised.   3. Except as specified in subsection 2, reports, information, and records submitted and maintained pursuant to this section are strictly confidential and shall not be released or made public upon subpoena, search warrant, discovery proceedings, or by any other means.   4. The department shall assign a code to any health care provider who may be required to report a termination under this section. An application procedure shall not be required for assignment of a code to a health care provider.   5. A health care provider shall assign a report tracking number which enables the health care provider to access the patients medical information without identifying the patient.   6. To ensure proper performance of the reporting requirements under this section, it is preferred that a health care provider who practices within a hospital, clinic, or other health facility authorize one staff person to fulfill the reporting requirements.   7. For the purposes of this section:   a. Health care provider means an individual licensed under chapter 148, 148C, 148D, or 152, or any individual who provides medical services under the authorization of the licensee.   b. Inducing a termination of pregnancy means the use of any means to terminate the pregnancy of a woman known to be pregnant with the intent other than to produce a live birth or to remove a dead fetus.   c. Spontaneous termination of pregnancy means the occurrence of an unintended termination of pregnancy at any time during the period from conception to twenty weeks gestation and which is not a spontaneous termination of pregnancy at any time during the period from twenty weeks or greater which is reported to the department as a fetal death under this chapter.  97 Acts, ch 172, 1; 2003 Acts, ch 42, 1; 2008 Acts, ch 1088, 94; 2013 Acts, ch 90, 29  Referred to in 144.52, 331.611 
144.3 Rules adopted.   The department may adopt, amend, and repeal rules for the purpose of carrying out the provisions of this chapter, in accordance with chapter 17A.  [C71, 73, 75, 77, 79, 81, 144.3] 
144.30 Funeral directors duty  fetal death certificate.   The funeral director who first assumes custody of a fetus shall file the fetal death certificate. In the absence of such a person, the physician or other person in attendance at or after the delivery shall file the certificate of fetal death. The person filing the certificate shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification of cause of death from the person responsible for completing the certification. When a person other than a funeral director assumes custody of a fetus, the person shall be responsible for carrying out the provisions of this section.  [C71, 73, 75, 77, 79, 81, 144.30]  97 Acts, ch 159, 18  Referred to in 144.31A, 331.611 
144.31 Medical certification  fetal death.   1. The medical certification for a fetal death shall be completed within seventy-two hours after delivery by the physician in attendance at or after delivery except when inquiry is required by the county medical examiner.   2. When a fetal death occurs without medical attendance upon the mother at or after delivery or when inquiry is required by the county medical examiner, the medical examiner shall investigate the cause of fetal death and shall complete the medical certification within seventy-two hours after taking charge of the case. The person completing the medical certification of cause of fetal death shall attest to its accuracy either by signature or as authorized by rule.  [C24, 27, 31, 35, 39, 2322, 2323, 2405; C46, 50, 54, 58, 62, 66, 141.6, 141.7, 144.20; C71, 73, 75, 77, 79, 81, 144.31]  97 Acts, ch 159, 19; 2010 Acts, ch 1163, 1  Referred to in 144.35, 331.611 
144.31A Certificate of birth resulting in stillbirth.   1. As used in this section:   a. Certificate of birth resulting in stillbirth means a document issued based upon a properly filed fetal death certificate to record the birth of a stillborn fetus.   b. Stillbirth means stillbirth as defined in section 136A.2.   2. After each fetal death that occurs in the state which is also a stillbirth, the person required to file the fetal death certificate pursuant to section 144.30 shall advise any parent named on the fetal death certificate that the parent may request the preparation of a certificate of birth resulting in stillbirth following registration of a fetal death certificate.   3. The department may prescribe by rules adopted pursuant to chapter 17A the form and content of a request and the process for requesting a certificate of birth resulting in stillbirth.   4. The department shall prescribe by rules adopted pursuant to chapter 17A the form and content of and the fee for the preparation of a certificate of birth resulting in stillbirth.   a. At a minimum, the rules shall require that the certificate of birth resulting in stillbirth contain all of the following:   (1) The date of the stillbirth.   (2) The county in which the stillbirth occurred.   (3) A first name, middle name, last name, no name, or combination of these as requested by the parent.   (4) The state file number of the corresponding fetal death certificate.   (5) The statement: This certificate is not proof of live birth.   b. The fees collected shall be remitted to the treasurer of state for deposit in the general fund of the state and the vital records fund in accordance with section 144.46.   5. Only a parent named on the fetal death certificate may request a certificate of birth resulting in stillbirth. A certificate of birth resulting in stillbirth may be requested and issued at any time regardless of the date on which the fetal death certificate was issued.   6. A certificate of birth resulting in stillbirth is not required to be filed or registered.   7. A certificate of birth resulting in stillbirth shall not be used to establish, bring, or support a civil cause of action seeking damages against any person for bodily injury, personal injury, or wrongful death for a stillbirth.  2012 Acts, ch 1022, 1, 2  Referred to in 331.611 
144.32 Burial transit permit.   1. If a person other than a funeral director, medical examiner, or emergency medical service assumes custody of a dead body or fetus, the person shall secure a burial transit permit. To be valid, the burial transit permit must be issued by the county medical examiner, a funeral director, or the state registrar. The permit shall be obtained prior to the removal of the body or fetus from the place of death and the permit shall accompany the body or fetus to the place of final disposition.   2. To transfer a dead body or fetus outside of this state, the funeral director who first assumes custody of the dead body or fetus shall obtain a burial transit permit prior to the transfer. The permit shall accompany the dead body or fetus to the place of final disposition.   3. A dead body or fetus brought into this state for final disposition shall be accompanied by a burial transit permit under the law of the state in which the death occurred.   4. A burial transit permit shall not be issued to a person other than a funeral director when the cause of death is or is suspected to be a communicable disease as defined by rule of the department.  93 Acts, ch 139, 5; 97 Acts, ch 159, 20; 2012 Acts, ch 1069, 2  Referred to in 156.2, 331.611, 331.804, 523I.309 
144.33 Bodies brought into state.   A burial transit permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state.  [C24, 27, 31, 35, 39, 2324; C46, 50, 54, 58, 62, 66, 141.18; C71, 73, 75, 77, 79, 81, 144.33]  Referred to in 331.611 
144.34 Disinterment  permit.   1. a. Disinterment of a dead body or fetus, without a court order, shall be allowed for the purpose of autopsy or reburial only, and then only if supervised by a funeral director.   b. Disinterment of cremated remains, without a court order, shall be allowed, but only if supervised by a funeral director.   c. The state registrar, without a court order, shall not issue a permit without the consent of the person authorized to control the decedents remains under section 144C.5.   2. a. Disinterment of a dead body or fetus for the purpose of reburial may be allowed by court order only upon a showing of substantial benefit to the public, and then only if supervised by a funeral director.   b. Disinterment of a dead body or fetus for the purpose of autopsy by court order shall be allowed only when reasonable cause is shown that someone is criminally or civilly responsible for such death, after hearing, upon reasonable notice prescribed by the court to the person authorized to control the decedents remains under section 144C.5, and then only if supervised by a funeral director.   c. Disinterment of a dead body or fetus for the purpose of cremation may be allowed by court order only if supervised by a funeral director. Subsequent to the disinterment, cremation of the body shall only be allowed upon a determination by the state or county medical examiner that the death was due to natural causes.   3. A permit for disinterment shall be issued by the state registrar according to rules adopted pursuant to chapter 17A or when ordered by the district court of the county in which such body is buried. A person authorized to control final disposition of a decedents remains under section 144C.5 is an interested person and shall be entitled to notice prior to the obtaining of a court order.   4. Due consideration under this section shall be given to the public health, the preferences of a person authorized to control final disposition of a decedents remains under section 144C.5, and any court order.  [C24, 27, 31, 35, 39, 2337, 2338; C46, 50, 54, 58, 62, 66, 141.21, 141.22; C71, 73, 75, 77, 79, 81, 144.34]  2008 Acts, ch 1051, 2, 22; 2020 Acts, ch 1025, 2  Referred to in 144.52, 331.611, 523I.309, 523I.402 
144.35 Extensions of time by rules.   The department may, by regulation and upon such conditions as it may prescribe to assure compliance with the purposes of this chapter, provide for extension of the periods prescribed in sections 144.26, 144.28, 144.29, and 144.31, for filing of death certificates, fetal death certificates, and medical certifications of cause of death in cases in which compliance with the applicable prescribed period would result in undue hardship.  [C24, 27, 31, 35, 39, 2318; C46, 50, 54, 58, 62, 66, 141.2(2); C71, 73, 75, 77, 79, 81, 144.35]  91 Acts, ch 116, 2  Referred to in 331.611 
144.36 Marriage certificate filed  prohibited information.   1. A certificate recording each marriage performed in this state shall be filed with the state registrar. The county registrar shall prepare the certificate on the form furnished by the state registrar upon the basis of information obtained from the parties to be married, who shall attest to the information by their signatures. The county registrar in each county shall keep a record book for marriages. The form of marriage record books shall be uniform throughout the state. A properly indexed permanent record of marriage certificates upon microfilm, electronic computer, or data processing equipment may be kept in lieu of marriage record books.   2. Every person who performs a marriage shall certify the fact of marriage and return the certificate to the county registrar within fifteen days after the ceremony. The certificate shall be signed by the witnesses to the ceremony and the person performing the ceremony.   3. The certificate of marriage shall not contain information concerning the race of the married persons, previous marriages of the married persons, or the educational level of the married persons.   4. The county registrar shall record and forward to the state registrar on or before the tenth day of each calendar month the original certificates of marriages filed with the county registrar during the preceding calendar month and the fees collected by the county registrar on behalf of the state for applications for a license to marry in accordance with section 331.605, subsection 1, paragraph g.  [C24, 27, 31, 35, 39, 2421, 2422, 2425; C46, 50, 54, 58, 62, 66, 144.36, 144.37, 144.40; C71, 73, 75, 77, 79, 81, 144.36]  83 Acts, ch 186, 10048, 10201; 85 Acts, ch 195, 18; 95 Acts, ch 124, 6, 26; 99 Acts, ch 114, 6; 2010 Acts, ch 1061, 163  Referred to in 331.611, 595.16A  See also 595.13 regarding certificate return 
144.37 Dissolution and annulment records.   1. For each dissolution or annulment of marriage granted by any court in this state, a record shall be prepared by the clerk of court or by the petitioner or the petitioners legal representative if directed by the clerk and filed by the clerk of court with the state registrar. The information necessary to prepare the report shall be furnished with the petition, to the clerk of court by the petitioner or the petitioners legal representative, on forms supplied by the state registrar.   2. The clerk of the district court in each county shall keep a record book for dissolutions. The form of dissolution record books shall be uniform throughout the state. A properly indexed record of dissolutions upon microfilm, electronic computer, or data processing equipment may be kept in lieu of dissolution record books.   3. On or before the tenth day of each calendar month, the clerk of court shall forward to the state registrar the record of each dissolution and annulment granted during the preceding calendar month and related reports required by regulations issued under this chapter.  [C24, 27, 31, 35, 39, 2421, 2423, 2425; C46, 50, 54, 58, 62, 66, 144.36, 144.38, 144.40; C71, 73, 75, 77, 79, 81, 144.37; 81 Acts, ch 64, 6; 82 Acts, ch 1100, 1]  83 Acts, ch 101, 23; 83 Acts, ch 186, 10049, 10201; 85 Acts, ch 195, 19; 2017 Acts, ch 54, 76 
144.38 Amendment of official record.   To protect the integrity and accuracy of vital statistics records, a certificate or record registered under this chapter may be amended only in accordance with this chapter and regulations adopted hereunder. A certificate that is amended under this section shall be marked amended except as provided in section 144.40. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The department shall prescribe by regulation the conditions under which additions or minor corrections shall be made to birth certificates within one year after the date of birth without the certificate being marked amended.  [C24, 27, 31, 35, 39, 2402, 2404; C46, 50, 54, 58, 62, 66, 144.17, 144.19, 144.44, 144.45; C71, 73, 75, 77, 79, 81, 144.38]  Referred to in 144.41 
144.39 Change of name.   Upon receipt of a certified copy of a court order from a court of competent jurisdiction or certificate of the clerk of court pursuant to chapter 674 changing the name of a person born in this state, the state registrar shall amend the certificate of birth to reflect the new name. A fee established by the department by rule based on average administrative cost shall be collected to amend the certificate of birth to reflect a new name. Fees collected under this section shall be deposited in the general fund of the state.  [C71, 73, 75, 77, 79, 81, 144.39; 81 Acts, ch 64, 7]  2009 Acts, ch 56, 1  Referred to in 144.41 
144.4 Registrar.   The director of public health shall be the state registrar of vital statistics and shall carry out the provisions of this chapter.  [C24, 27, 31, 35, 39, 2387; C46, 50, 54, 58, 62, 66, 144.2; C71, 73, 75, 77, 79, 81, 144.4] 
144.40 Paternity of children  birth certificates.   Upon request and receipt of an affidavit of paternity completed and filed pursuant to section 252A.3A, or a certified copy or notification by the clerk of court of a court or administrative order establishing paternity, the state registrar shall establish a new certificate of birth to show paternity if paternity is not shown on the birth certificate. Upon written request of the parents on the affidavit of paternity, the surname of the child may be changed on the certificate to that of the father. The certificate shall not be marked amended. The original certificate and supporting documentation shall be maintained in a sealed file; however, a photocopy of the paternity affidavit filed pursuant to section 252A.3A and clearly labeled as a copy may be provided to a parent named on the affidavit of paternity.  [C24, 27, 31, 35, 39, 2406; C46, 50, 54, 58, 62, 66, 144.21; C71, 73, 75, 77, 79, 81, 144.40; 81 Acts, ch 64, 8]  93 Acts, ch 79, 10; 94 Acts, ch 1171, 4; 2005 Acts, ch 89, 13  Referred to in 144.38, 144.41 
144.41 Amending local records.   When a certificate is amended under sections 144.38 through 144.40 the state registrar shall report the amendment to the custodian of any permanent local records and such records shall be amended accordingly.  [C71, 73, 75, 77, 79, 81, 144.41]  2021 Acts, ch 80, 74  Section amended 
144.42 Reproduction of original records.   To preserve original documents, the state registrar may prepare typewritten, photographic, or other reproductions of original records and files in the state registrars office. Such reproductions when certified by the state registrar shall be accepted as the original record.  [C71, 73, 75, 77, 79, 81, 144.42; 81 Acts, ch 64, 9]  Referred to in 144.18 
144.43 Vital records closed to inspection  exceptions.   1. To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system kept by the state registrar, access to vital statistics records kept by the state registrar shall be limited to the state registrar and the state registrars employees, and then only for administrative purposes.   2. It shall be unlawful for the state registrar to permit inspection of, or to disclose information contained in vital statistics records, or to copy or permit to be copied all or part of any such record except as authorized by rule.   3. a. The following vital statistics records in the custody of a county registrar may be inspected and copied as of right under chapter 22:   (1) A record of birth.   (2) A record of marriage.   (3) A record of divorce, dissolution of marriage, or annulment of marriage.   (4) A record of death if that death was not a fetal death.   b. The following vital statistics records in the custody of the state archivist may be inspected and copied as of right under chapter 22:   (1) A record of birth that is at least seventy-five years old.   (2) A record of marriage that is at least seventy-five years old.   (3) A record of divorce, dissolution of marriage, or annulment of marriage that is at least seventy-five years old.   (4) A record of death or fetal death, either of which is at least fifty years old.   4. A public record shall not be withheld from the public because it is combined with data processing software. The state registrar shall not implement any electronic data processing system for the storage, manipulation, or retrieval of vital records that would impair a county registrars ability to permit the examination of a public record and the copying of a public record, as established by rule. If it is necessary to separate a public record from data processing software in order to permit the examination of the public record, the county registrar shall periodically generate a written log available for public inspection which contains the public record.  [C46, 50, 54, 58, 62, 66, 144.45; C71, 73, 75, 77, 79, 81, S81, 144.43; 81 Acts, ch 64, 10; 82 Acts, ch 1100, 2]  88 Acts, ch 1158, 43; 90 Acts, ch 1025, 1; 94 Acts, ch 1171, 5; 97 Acts, ch 159, 21; 2009 Acts, ch 41, 194; 2015 Acts, ch 30, 59; 2018 Acts, ch 1125, 2  Referred to in 144.18, 233.2 
144.43A Mutual consent voluntary adoption registry.   1. In addition to other procedures by which birth certificates may be inspected under this chapter, the state registrar shall establish a mutual consent voluntary adoption registry through which adult adopted children, adult siblings, and the biological parents of adult adoptees may register to obtain identifying birth information.   2. If all of the following conditions are met, the state registrar shall reveal the identity of the biological parent to the adult adopted child or the identity of the adult adopted child to the biological parent, shall notify the parties involved that the requests have been matched, and shall disclose the identifying information to those parties:   a. A biological parent has filed a request and provided consent to the revelation of the biological parents identity to the adult adopted child, upon request of the adult adopted child.   b. An adult adopted child has filed a request and provided consent to the revelation of the identity of the adult adopted child to a biological parent, upon request of the biological parent.   c. The state registrar has been provided sufficient information to make the requested match.   3. Notwithstanding the provisions of this section, if the adult adopted person has a sibling who is a minor and who has also been adopted, the state registrar shall not grant the request of either the adult adopted person or the biological parent to reveal the identities of the parties.   4. If all of the following conditions are met, the state registrar shall reveal the identity of the adult adopted child to an adult sibling and shall notify the parties involved that the requests have been matched, and disclose the identifying information to those parties:   a. An adult adopted child has filed a request and provided consent to the revelation of the adult adopted childs identity to an adult sibling.   b. The adult sibling has filed a request and provided consent to the revelation of the identity of the adult sibling to the adult adopted child.   c. The state registrar has been provided with sufficient information to make the requested match.   5. A person who has filed a request or provided consent under this section may withdraw the consent at any time prior to the release of any information by filing a written withdrawal of consent statement with the state registrar. The adult adoptee, adult sibling, and biological parent shall notify the state registrar of any change in the information contained in a filed request or consent.   6. The state registrar shall establish a fee by rule based on the average administrative costs for providing services under this section.  99 Acts, ch 141, 19  Referred to in 144.18 
144.44 Permits for research.   The department may permit access to vital statistics by professional genealogists and historians, and may authorize the disclosure of data contained in vital statistics records when deemed essential for bona fide research purposes which are not for private gain. The department shall adopt rules which establish the parameters for access to and authorized disclosure of vital statistics and data contained in vital statistics records relating to birth and adoption records under this section.  [C24, 27, 31, 35, 39, 2406, 2415; C46, 50, 54, 58, 62, 66, 144.21, 144.30; C71, 73, 75, 77, 79, 81, 144.44]  94 Acts, ch 1171, 6  Referred to in 144.18, 144.46 
144.45 Certified copies.   1. The state registrar and the county registrar shall, upon written request from any applicant entitled to a record, issue a certified copy of any certificate or record in the registrars custody or of a part of a certificate or record. Each copy issued shall show the date of registration; and copies issued from records marked delayed, amended, or court order shall be similarly marked and show the effective date.   2. A certified copy of a certificate, or any part thereof, shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts therein stated, provided that the evidentiary value of a certificate or record filed more than one year after the event, or a record which has been amended, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.   3. The national division of vital statistics may be furnished copies or data which it requires for national statistics, provided that the state be reimbursed for the cost of furnishing data, and provided further that data shall not be used for other than statistical purposes by the national division of vital statistics unless so authorized by the state registrar.   4. Federal, state, local, and other public or private agencies may, upon written request, be furnished copies or data for statistical purposes upon terms or conditions prescribed by the department.   5. No person shall prepare or issue any certificate which purports to be an original, certified copy, or copy of a certificate of birth, death, fetal death, or marriage except as authorized in this chapter.  [S13, 2575-a45; C24, 27, 31, 35, 39, 2349, 2416, 2426, 2429, 2431; C46, 50, 54, 58, 62, 66, 141.33, 144.31, 144.41, 144.46, 144.48; C71, 73, 75, 77, 79, 81, 144.45]  95 Acts, ch 124, 7, 26; 2017 Acts, ch 54, 76  Referred to in 144.18, 144.46, 331.611 
144.45A Commemorative birth and marriage certificates.   Upon application and payment of a thirty-five dollar fee, the director may issue a commemorative copy of a certificate of birth or a certificate of marriage. Fees collected pursuant to this section shall be deposited in the emergency medical services fund established in section 135.25 to support the development and enhancement of emergency medical services systems and emergency medical services for children.  97 Acts, ch 203, 20  Referred to in 144.18 
144.46 Fees.   1. The department by rule shall establish fees based on the average administrative cost which shall be collected by the state registrar or the county registrar for each of the following:   a. A certified copy or short form certification of a certificate or record.   b. A copy of a certificate or record or a vital statistics data file provided to a researcher in accordance with section 144.44.   c. A copy of a certificate or record or a vital statistics data file provided to a federal, state, local, or other public or private agency for statistical purposes in accordance with section 144.45.   d. Verification or certification of vital statistics data provided to a federal, state, or local governmental agency authorized by rule to receive such data.   2. Fees collected by the state registrar and by the county registrar on behalf of the state under this section shall be deposited in the general fund of the state and the vital records fund established in section 144.46A in accordance with an apportionment established by rule. Fees collected by the county registrar pursuant to section 331.605, subsection 1, paragraph f, shall be deposited in the county general fund.   3. The department may establish and maintain, and either the state registrar or the county registrar is authorized to collect, a fee for a search of the files or records when no copy is made, or when no record is found on file.  [C24, 27, 31, 35, 39, 2417, 2418, 2427; C46, 50, 54, 58, 62, 66, 144.32, 144.33, 144.42; C71, 73, 75, 77, 79, 81, S81, 144.46; 81 Acts, ch 64, 11]  83 Acts, ch 123, 68, 209; 83 Acts, ch 186, 10050, 10201; 94 Acts, ch 1074, 1; 95 Acts, ch 124, 8, 26; 99 Acts, ch 114, 7; 2007 Acts, ch 159, 27; 2010 Acts, ch 1061, 164; 2015 Acts, ch 119, 2, 3  Referred to in 144.13A, 144.18, 144.24A, 144.31A, 144.46A, 232.2, 331.611, 600.13 
144.46A Vital records fund.   1. A vital records fund is created under the control of the department. Moneys in the fund shall be used for purposes of the purchase and maintenance of an electronic system for vital records scanning, data capture, data reporting, storage, and retrieval, and for all registration and issuance activities. Moneys in the fund may also be used for other related purposes including but not limited to the streamlining of administrative procedures and electronically linking offices of county registrars to state vital records so that the records may be issued at the county level.   2. Moneys credited to the fund pursuant to section 144.46 and otherwise are appropriated to the department to be used for the purposes designated in subsection 1. Notwithstanding section 8.33, moneys credited to the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert to any fund but shall remain available for expenditure for the purposes designated.  2005 Acts, ch 175, 83; 2007 Acts, ch 159, 28  Referred to in 144.46 
144.47 Persons confined in institutions.   Every person in charge of an institution shall keep a record of personal particulars and data concerning each person admitted or confined to the institution. This record shall include information required by the standard certificate of birth, death, and fetal death forms issued under the provisions of this chapter. The record shall be made at the time of admission from information provided by such person, but when it cannot be so obtained, the same shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record.  [C24, 27, 31, 35, 39, 2407, 2408, 2409; C46, 50, 54, 58, 62, 66, 144.22, 144.23, 144.24; C71, 73, 75, 77, 79, 81, 144.47]  Referred to in 144.50 
144.48 Institutions  dead persons.   When a dead human body is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the deceased, date of death, name and address of the person to whom the body is released, date of removal from the institution, or if finally disposed of by the institution, the date, place, and manner of disposition shall be recorded.  [C24, 27, 31, 35, 39, 2407; C46, 50, 54, 58, 62, 66, 144.22; C71, 73, 75, 77, 79, 81, 144.48]  Referred to in 144.50 
144.49 Additional record by funeral director.   A funeral director or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other form required by this chapter, shall keep a record which shall identify the body, and information pertaining to the funeral directors or other persons receipt, removal, and delivery of the body as prescribed by the department.  [C24, 27, 31, 35, 39, 2414; C46, 50, 54, 58, 62, 66, 144.29; C71, 73, 75, 77, 79, 81, 144.49]  Referred to in 144.50 
144.5 Duties of registrar.   The state registrar shall:   1. Administer and enforce this chapter and the rules issued under this chapter, and issue instructions for the efficient administration of the statewide system of vital statistics and the division for records and statistics.   2. Direct and supervise the statewide system of vital statistics and the division for records and statistics and be custodian of its records.   3. Direct, supervise, and control the activities of clerks of the district court and county recorders related to the operation of the vital statistics system and provide registrars with necessary postage.   4. Prescribe, print, and distribute the forms required by this chapter and prescribe any other means for transmission of data, as necessary to accomplish complete, accurate reporting.   5. Prepare and publish annual reports of vital statistics of this state and other reports as may be required.   6. Delegate functions and duties vested in the state registrar to officers, to employees of the department, to the clerks of the district court, and to the county registrars as the state registrar deems necessary or expedient.   7. Provide, by rules, for appropriate morbidity reporting.  [C24, 27, 31, 35, 39, 2393; C46, 50, 54, 58, 62, 66, 144.8; C71, 73, 75, 77, 79, 81, 144.5; 81 Acts, ch 64, 1]  88 Acts, ch 1158, 33; 95 Acts, ch 124, 1, 2, 26; 97 Acts, ch 159, 8; 2021 Acts, ch 80, 72  Subsection 1 amended 
144.50 Length of time records to be kept.   Records maintained under sections 144.47 through 144.49 shall be retained for a period of not less than ten years and shall be made available for inspection by the state registrar or the state registrars representative upon demand.  [C71, 73, 75, 77, 79, 81, 144.50]  2021 Acts, ch 80, 75  Section amended 
144.51 Information by others furnished on demand.   Any person having knowledge of the facts shall furnish information the person possesses regarding any birth, death, fetal death, adoption, marriage, dissolution, or annulment, upon demand of the state registrar or the state registrars representative.  [C24, 27, 31, 35, 39, 2403, 2414; C46, 50, 54, 58, 62, 66, 144.18, 144.29; C71, 73, 75, 77, 79, 81, 144.51]  83 Acts, ch 101, 24 
144.52 Unlawful acts  punishment.   Any person committing any of the following acts is guilty of a serious misdemeanor:   1. Willfully and knowingly makes any false statement in a report, record, or certificate required to be filed under this chapter, or in an application for an amendment thereof, or willfully and knowingly supplies false information intending that such information be used in the preparation of any such report, record, or certificate, or amendment thereof.   2. Without lawful authority and with the intent to deceive, makes, alters, amends, or mutilates any report, record, or certificate required to be filed under this chapter or a certified copy of such report, record, or certificate.   3. Willfully and knowingly uses or attempts to use or furnish to another for use for any purpose of deception, any certificate, record, report, or certified copy thereof so made, altered, amended, or mutilated.   4. Willfully, with the intent to deceive, uses or attempts to use any certificate of birth or certified copy of a record of birth knowing that such certificate or certified copy was issued upon a record which is false in whole or in part or which relates to the birth of another person.   5. Willfully and knowingly furnishes a certificate of birth or certified copy of a record of birth with the intention that it be used by a person other than the person whose birth the record relates.   6. Disinterring a body in violation of section 144.34.   7. Knowingly violates a provision of section 144.29A.  [C24, 27, 31, 35, 39, 2349, 2350, 2436; C46, 50, 54, 58, 62, 66, 141.33, 141.34, 144.53, 144.54; C71, 73, 75, 77, 79, 81, 144.52]  97 Acts, ch 172, 2 
144.53 Other acts  simple misdemeanors.   Any person committing any of the following acts is guilty of a simple misdemeanor:   1. Knowingly transports or accepts for transportation, interment, or other disposition a dead body without an accompanying permit as provided in this chapter.   2. Refuses to provide information required by this chapter.   3. Willfully violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon the person by this chapter.  [C24, 27, 31, 35, 39, 2350, 2436; C46, 50, 54, 58, 62, 66, 141.34, 144.53; C71, 73, 75, 77, 79, 81, 144.53] 
144.54 Report to county attorney.   The department shall report cases of alleged violations to the proper county attorney, with a statement of the facts and circumstances, for such action as is appropriate.  [C27, 31, 35, 39, 2434; C46, 50, 54, 58, 62, 66, 144.51; C71, 73, 75, 77, 79, 81, 144.54] 
144.55 Attorney general to assist in enforcement.   Upon request of the department, the attorney general shall assist in the enforcement of the provisions of this chapter.  [C24, 27, 31, 35, 39, 2435; C46, 50, 54, 58, 62, 66, 144.52; C71, 73, 75, 77, 79, 81, 144.55] 
144.56 Autopsy.   1. An autopsy or postmortem examination may be performed upon the body of a deceased person by a physician whenever the written consent to the examination or autopsy has been obtained from the person authorized to control the deceased persons remains under section 144C.5.   2. This section does not apply to any death investigated under the authority of sections 331.802 through 331.804.  [C75, 77, 79, 81, S81, 144.56; 81 Acts, ch 117, 1207]  2008 Acts, ch 1051, 3, 22; 2021 Acts, ch 80, 76  Referred to in 144.57  Subsection 2 amended 
144.57 Public safety officer death  required notice  autopsy.   A person who is authorized to pronounce individuals dead is required to inform one of the persons authorized to request an autopsy, as provided in section 144.56, that an autopsy will be required if the individual who died was a public safety officer who may have died in the line of duty and an eligible beneficiary of the deceased seeks to claim a federal public safety officer death benefit.*  2005 Acts, ch 174, 19  *Public safety officers death benefits, see 34 U.S.C. 10281 
144.9 County recorder as registrar.   The county recorder is the county registrar and with respect to the county shall:   1. Administer and enforce this chapter and the rules issued by the department.   2. Record and transmit the certificates, reports, or other returns filed with the county registrar to the state registrar at least semimonthly, or more frequently when directed by the state registrar.  [C46, 50, 54, 58, 62, 66, 144.4, 144.10; C71, 73, 75, 77, 79, 81, 144.9]  88 Acts, ch 1158, 34; 95 Acts, ch 124, 3, 26 
144A.1 Short title.   This chapter may be cited as the Life-sustaining Procedures Act.  85 Acts, ch 3, 2 
144A.10 Penalties.   1. Any person who willfully conceals, withholds, cancels, destroys, alters, defaces, or obliterates the declaration, out-of-hospital do-not-resuscitate order, or out-of-hospital do-not-resuscitate identifier of another without the declarants or patients consent or who falsifies or forges a revocation of the declaration or out-of-hospital do-not-resuscitate order of another is guilty of a serious misdemeanor.   2. Any person who falsifies or forges the declaration or out-of-hospital do-not-resuscitate order of another, or willfully conceals or withholds personal knowledge of or delivery of a revocation as provided in section 144A.4 or 144A.7A, with the intent to cause a withholding or withdrawal of life-sustaining procedures, is guilty of a serious misdemeanor.  85 Acts, ch 3, 11; 2002 Acts, ch 1061, 9 
144A.11 General provisions.   1. Death resulting from the withholding or withdrawal of life-sustaining procedures pursuant to a declaration or out-of-hospital do-not-resuscitate order and in accordance with this chapter does not, for any purpose, constitute a suicide, homicide, or dependent adult abuse.   2. The executing of a declaration pursuant to section 144A.3 or an out-of-hospital do-not-resuscitate order pursuant to section 144A.7A does not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance is legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining procedures pursuant to this chapter, notwithstanding any term of the policy to the contrary.   3. A physician, health care provider, health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital plan shall not require any person to execute a declaration or an out-of-hospital do-not-resuscitate order as a condition for being insured for, or receiving, health care services.   4. This chapter creates no presumption concerning the intention of an individual who has not executed a declaration or an out-of-hospital do-not-resuscitate order with respect to the use, withholding, or withdrawal of life-sustaining procedures in the event of a terminal condition.   5. This chapter shall not be interpreted to increase or decrease the right of a patient to make decisions regarding use of life-sustaining procedures as long as the patient is able to do so, nor to impair or supersede any right or responsibility that any person has to effect the withholding or withdrawal of medical care in any lawful manner. In that respect, the provisions of this chapter are cumulative.   6. This chapter shall not be construed to condone, authorize or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.  85 Acts, ch 3, 12; 2002 Acts, ch 1061, 10  Adult abuse, chapter 235B  Homicide, chapter 707 
144A.12 Application to existing declarations.   A declaration executed prior to April 23, 1992, shall remain valid and shall be given effect in accordance with the then-applicable provisions of this chapter. If a declaration executed prior to April 23, 1992, includes a provision which would not have been given effect under this chapter prior to April 23, 1992, but which would be given effect under  1992 Acts, ch. 1132  , then the provision shall be given effect in accordance with  1992 Acts, ch. 1132  .  92 Acts, ch 1132, 5; 2014 Acts, ch 1026, 143 
144A.2 Definitions.   Except as otherwise provided, as used in this chapter:   1. Adult means an individual eighteen years of age or older.   2. Attending physician means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient.   3. Declaration means a document executed in accordance with the requirements of section 144A.3.   4. Department means the Iowa department of public health.   5. Emergency medical care provider means emergency medical care provider as defined in section 147A.1.   6. Health care provider means a person, including an emergency medical care provider, who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession.   7. Hospital means hospital as defined in section 135B.1.   8. a. Life-sustaining procedure means any medical procedure, treatment, or intervention, including resuscitation, which meets both of the following requirements:   (1) Utilizes mechanical or artificial means to sustain, restore, or supplant a spontaneous vital function.   (2) When applied to a patient in a terminal condition, would serve only to prolong the dying process.   b. Life-sustaining procedure does not include the provision of nutrition or hydration except when required to be provided parenterally or through intubation, or the administration of medication or performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain.   9. Out-of-hospital do-not-resuscitate order means a written order signed by a physician, executed in accordance with the requirements of section 144A.7A and issued consistent with this chapter, that directs the withholding or withdrawal of resuscitation when an adult patient in a terminal condition is outside the hospital.   10. Physician means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state.   11. Qualified patient means a patient who has executed a declaration or an out-of-hospital do-not-resuscitate order in accordance with this chapter and who has been determined by the attending physician to be in a terminal condition.   12. Resuscitation means any medical intervention that utilizes mechanical or artificial means to sustain, restore, or supplant a spontaneous vital function, including but not limited to chest compression, defibrillation, intubation, and emergency drugs intended to alter cardiac function or otherwise to sustain life.   13. Terminal condition means an incurable or irreversible condition that, without the administration of life-sustaining procedures, will, in the opinion of the attending physician, result in death within a relatively short period of time or a state of permanent unconsciousness from which, to a reasonable degree of medical certainty, there can be no recovery.  85 Acts, ch 3, 3; 92 Acts, ch 1132, 1  3; 2002 Acts, ch 1061, 1; 2008 Acts, ch 1088, 141; 2013 Acts, ch 30, 37; 2014 Acts, ch 1092, 32  Referred to in 144C.2, 144D.4, 144G.1, 232D.401 
144A.3 Declaration relating to use of life-sustaining procedures.   1. A competent adult may execute a declaration at any time directing that life-sustaining procedures be withheld or withdrawn. The declaration shall be given operative effect only if the declarants condition is determined to be terminal and the declarant is not able to make treatment decisions.   2. The declaration must be signed by the declarant or another person acting on behalf of the declarant at the direction of the declarant, must contain the date of the declarations execution, and must be witnessed or acknowledged by one of the following methods:   a. Is signed by at least two individuals who, in the presence of each other and the declarant, witnessed the signing of the declaration by the declarant or by another person acting on behalf of the declarant at the declarants direction. At least one of the witnesses shall be an individual who is not a relative of the declarant by blood, marriage, or adoption within the third degree of consanguinity. The following individuals shall not be witnesses for a declaration:   (1) A health care provider attending the declarant on the date of execution of the declaration.   (2) An employee of a health care provider attending the declarant on the date of execution of the declaration.   (3) An individual who is less than eighteen years of age.   b. Is acknowledged before a notarial officer within this state as provided in chapter 9B.   3. It is the responsibility of the declarant to provide the declarants attending physician or health care provider with the declaration. An attending physician or health care provider may presume, in the absence of actual notice to the contrary, that the declaration complies with this chapter and is valid.   4. A declaration or similar document executed in another state or jurisdiction in compliance with the law of that state or jurisdiction shall be deemed valid and enforceable in this state, to the extent the declaration or similar document is consistent with the laws of this state. A declaration or similar document executed by a veteran of the armed forces which is in compliance with the federal department of veterans affairs advance directive requirements shall be deemed valid and enforceable.   5. A declaration executed pursuant to this chapter may, but need not, be in the following form:  DECLARATION   If I should have an incurable or irreversible condition that will result either in death within a relatively short period of time or a state of permanent unconsciousness from which, to a reasonable degree of medical certainty, there can be no recovery, it is my desire that my life not be prolonged by the administration of life-sustaining procedures. If I am unable to participate in my health care decisions, I direct my attending physician to withhold or withdraw life-sustaining procedures that merely prolong the dying process and are not necessary to my comfort or freedom from pain.  85 Acts, ch 3, 4; 92 Acts, ch 1132, 4; 98 Acts, ch 1083, 1; 2002 Acts, ch 1061, 2, 3; 2012 Acts, ch 1050, 37, 60  Referred to in 144A.2, 144A.11 
144A.4 Revocation of declaration.   1. A declaration may be revoked at any time and in any manner by which the declarant is able to communicate the declarants intent to revoke, without regard to mental or physical condition. A revocation is only effective as to the attending physician upon communication to such physician by the declarant or by another to whom the revocation was communicated.   2. The attending physician shall make the revocation a part of the declarants medical record.  85 Acts, ch 3, 5  Referred to in 144A.10 
144A.5 Determination of terminal condition.   When an attending physician who has been provided with a declaration determines that the declarant is in a terminal condition, this decision must be confirmed by another physician. The attending physician must record that determination in the declarants medical record.  85 Acts, ch 3, 6  Referred to in 144A.8 
144A.6 Treatment of qualified patients.   1. A qualified patient has the right to make decisions regarding use of life-sustaining procedures as long as the qualified patient is able to do so. If a qualified patient is not able to make such decisions, the declaration shall govern decisions regarding use of life-sustaining procedures.   2. The declaration of a qualified patient known to the attending physician to be pregnant shall not be in effect as long as the fetus could develop to the point of live birth with continued application of life-sustaining procedures. However, the provisions of this subsection do not impair any existing rights or responsibilities that any person may have in regard to the withholding or withdrawal of life-sustaining procedures.  85 Acts, ch 3, 7  Referred to in 144A.8 
144A.7 Procedure in absence of declaration.   1. Life-sustaining procedures may be withheld or withdrawn from a patient who is in a terminal condition and who is comatose, incompetent, or otherwise physically or mentally incapable of communication and has not made a declaration in accordance with this chapter if there is consultation and written agreement for the withholding or the withdrawal of life-sustaining procedures between the attending physician and any of the following individuals, who shall be guided by the express or implied intentions of the patient, in the following order of priority if no individual in a prior class is reasonably available, willing, and competent to act:   a. The attorney in fact designated to make treatment decisions for the patient should such person be diagnosed as suffering from a terminal condition, if the designation is in writing and complies with chapter 144B.   b. The guardian of the person of the patient if one has been appointed, provided court approval is obtained in accordance with section 232D.401, subsection 4, paragraph a, or section 633.635, subsection 3, paragraph b, subparagraph (1). This paragraph does not require the appointment of a guardian in order for a treatment decision to be made under this section.   c. The patients spouse.   d. An adult child of the patient or, if the patient has more than one adult child, a majority of the adult children who are reasonably available for consultation.   e. A parent of the patient, or parents if both are reasonably available.   f. An adult sibling.   2. When a decision is made pursuant to this section to withhold or withdraw life-sustaining procedures, there shall be a witness present at the time of the consultation when that decision is made.   3. Subsections 1 and 2 shall not be in effect for a patient who is known to the attending physician to be pregnant with a fetus that could develop to the point of live birth with continued application of life-sustaining procedures. However, the provisions of this subsection do not impair any existing rights or responsibilities that any person may have in regard to the withholding or withdrawal of life-sustaining procedures.  85 Acts, ch 3, 8; 87 Acts, ch 100, 1; 2002 Acts, ch 1061, 4; 2005 Acts, ch 38, 55; 2014 Acts, ch 1078, 1; 2020 Acts, ch 1063, 61  Referred to in 144A.8, 144D.1, 144D.4 
144A.7A Out-of-hospital do-not-resuscitate orders.   1. If an attending physician issues an out-of-hospital do-not-resuscitate order for an adult patient under this section, the physician shall use the form prescribed pursuant to subsection 2, include a copy of the order in the patients medical record, and provide a copy to the patient or an individual authorized to act on the patients behalf.   2. The department, in collaboration with interested parties, shall prescribe uniform out-of-hospital do-not-resuscitate order forms and uniform personal identifiers, and shall adopt administrative rules necessary to implement this section. The uniform forms and personal identifiers shall be used statewide.   3. The out-of-hospital do-not-resuscitate order form shall include all of the following:   a. The patients name.   b. The patients date of birth.   c. The name of the individual authorized to act on the patients behalf, if applicable.   d. A statement that the patient is in a terminal condition.   e. The physicians signature.   f. The date the form is signed.   g. A concise statement of the nature and scope of the order.   h. Any other information necessary to provide clear and reliable instructions to a health care provider.   4. A health care provider may withhold or withdraw resuscitation outside a hospital consistent with an out-of-hospital do-not-resuscitate order issued under this section and the rules or protocols adopted by the department.   5. In fulfilling the instructions of an out-of-hospital do-not-resuscitate order under this chapter, a health care provider shall continue to provide appropriate comfort care and pain relief to the patient.   6. An out-of-hospital do-not-resuscitate order shall not apply when a patient is in need of emergency medical services due to a sudden accident or injury resulting from a motor vehicle collision, fire, mass casualty, or other cause of a sudden accident or injury which is outside the scope of the patients terminal condition.   7. An out-of-hospital do-not-resuscitate order is deemed revoked at any time that a patient, or an individual authorized to act on the patients behalf as designated on the out-of-hospital do-not-resuscitate order, is able to communicate in any manner the intent that the order be revoked, without regard to the mental or physical condition of the patient. A revocation is only effective as to the health care provider upon communication to that provider by the patient, an individual authorized to act on the patients behalf as designated in the order, or by another person to whom the revocation is communicated.   8. The personal wishes of family members or other individuals who are not authorized in the order to act on the patients behalf shall not supersede a valid out-of-hospital do-not-resuscitate order.   9. If uncertainty regarding the validity or applicability of an out-of-hospital do-not-resuscitate order exists, a health care provider shall provide necessary and appropriate resuscitation.   10. A health care provider shall document compliance or noncompliance with an out-of-hospital do-not-resuscitate order and the reasons for not complying with the order, including evidence that the order was revoked or uncertainty regarding the validity or applicability of the order.   11. This section shall not preclude a hospital licensed under chapter 135B from honoring an out-of-hospital do-not-resuscitate order entered in accordance with this section and in compliance with established hospital policies and protocols.  2002 Acts, ch 1061, 5  Referred to in 144A.2, 144A.8, 144A.10, 144A.11, 144D.4  Applicability to and validity of orders executed prior to July 1, 2002;  2002 Acts, ch 1061, 11 
144A.8 Transfer of patients.   1. An attending physician who is unwilling to comply with the requirements of section 144A.5, or who is unwilling to comply with the declaration of a qualified patient in accordance with section 144A.6 or an out-of-hospital do-not-resuscitate order pursuant to section 144A.7A, or who is unwilling to comply with the provisions of section 144A.7 or 144A.7A shall take all reasonable steps to effect the transfer of the patient to another physician.   2. If the policies of a health care provider preclude compliance with the declaration or out-of-hospital do-not-resuscitate order of a qualified patient under this chapter or preclude compliance with the provisions of section 144A.7 or 144A.7A, the provider shall take all reasonable steps to effect the transfer of the patient to a facility in which the provisions of this chapter can be carried out.  85 Acts, ch 3, 9; 2002 Acts, ch 1061, 6 
144A.9 Immunities.   1. In the absence of actual notice of the revocation of a declaration or of an out-of-hospital do-not-resuscitate order, the following, while acting in accordance with the requirements of this chapter, are not subject to civil or criminal liability or guilty of unprofessional conduct:   a. A physician who causes the withholding or withdrawal of life-sustaining procedures from a qualified patient.   b. The health care provider in which such withholding or withdrawal occurs.   c. A person who participates in the withholding or withdrawal of life-sustaining procedures under the direction of or with the authorization of a physician.   2. A physician is not subject to civil or criminal liability for actions under this chapter which are in accord with reasonable medical standards.   3. Any person, institution or facility against whom criminal or civil liability is asserted because of conduct in compliance with this chapter may interpose this chapter as an absolute defense.   4. In the absence of actual notice of the revocation of an out-of-hospital do-not-resuscitate order, a health care provider who complies with this chapter is not subject to civil or criminal liability or guilty of unprofessional conduct in entering, executing, or otherwise participating in an out-of-hospital do-not-resuscitate order.  85 Acts, ch 3, 10; 2002 Acts, ch 1061, 7, 8 
144B.1 Definitions.   For purposes of this chapter, unless the context otherwise requires:   1. Attorney in fact means an individual who is designated by a durable power of attorney for health care as an agent to make health care decisions on behalf of a principal and has consented to act in that capacity.   2. Designee means a person named in a declaration under chapter 144C.   3. Durable power of attorney for health care means a document authorizing an attorney in fact to make health care decisions for the principal if the principal is unable, in the judgment of the attending physician, to make health care decisions.   4. Health care means any care, treatment, service, or procedure to maintain, diagnose, or treat an individuals physical or mental condition. Health care does not include the provision of nutrition or hydration except when they are required to be provided parenterally or through intubation.   5. Health care decision means the consent, refusal of consent, or withdrawal of consent to health care.   6. Health care provider means a person who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession.   7. Principal means a person age eighteen or older who has executed a durable power of attorney for health care.  91 Acts, ch 140, 1; 2008 Acts, ch 1051, 4, 22; 2017 Acts, ch 30, 1, 4  Referred to in 135N.1, 141A.1, 321.189  2017 amendment to subsection 2 applies to declarations executed on or after July 1, 2017;  2017 Acts, ch 30, 4 
144B.10 Emergency treatment.   This chapter does not affect the law governing health care treatment in an emergency.  91 Acts, ch 140, 10 
144B.11 Prohibited practices.   1. A health care provider, health care service plan, insurer, self-insured employee welfare benefit plan, or nonprofit hospital plan shall not condition admission to a facility, or the providing of treatment, or insurance, on the requirement that an individual execute a durable power of attorney for health care.   2. A policy of life insurance shall not be legally impaired or invalidated in any manner by the withholding or withdrawing of health care pursuant to the direction of an attorney in fact appointed pursuant to this chapter.  91 Acts, ch 140, 11 
144B.12 General provisions.   1. This chapter does not create a presumption concerning the intention of an individual who has not executed a durable power of attorney for health care and does not impair or supersede any right or responsibility of an individual to consent, refuse to consent, or withdraw consent to health care on behalf of another in the absence of a durable power of attorney for health care.   2. This chapter shall not be construed to condone, authorize, or approve any affirmative or deliberate act or omission which would constitute mercy killing or euthanasia.   3. If after executing a durable power of attorney for health care designating a spouse as attorney in fact, the marriage between the principal and the attorney in fact is dissolved, the power is thereby revoked. In the event of remarriage to each other, the power is reinstated unless otherwise revoked by the principal.   4. It is the responsibility of the principal to provide for notification of a health care provider of the terms of the principals durable power of attorney for health care.  91 Acts, ch 140, 12 
144B.2 Durable power of attorney for health care.   A durable power of attorney for health care authorizes the attorney in fact to make health care decisions for the principal if the durable power of attorney for health care substantially complies with the requirements of this chapter. A document executed prior to May 8, 1991, purporting to create a durable power of attorney for health care shall be deemed valid if the document specifically authorizes the attorney in fact to make health care decisions and is signed by the principal.  91 Acts, ch 140, 2 
144B.3 Requirements.   1. An attorney in fact shall make health care decisions only if the following requirements are satisfied:   a. The durable power of attorney for health care explicitly authorizes the attorney in fact to make health care decisions.   b. The durable power of attorney for health care contains the date of its execution and is witnessed or acknowledged by one of the following methods:   (1) Is signed by at least two individuals who, in the presence of each other and the principal, witnessed the signing of the instrument by the principal or by another person acting on behalf of the principal at the principals direction.   (2) Is acknowledged before a notarial officer within this state as provided in chapter 9B.   2. The following individuals shall not be witnesses for a durable power of attorney for health care:   a. A health care provider attending the principal on the date of execution.   b. An employee of a health care provider attending the principal on the date of execution.   c. The individual designated in the durable power of attorney for health care as the attorney in fact.   d. An individual who is less than eighteen years of age.   3. At least one of the witnesses for a durable power of attorney for health care shall be an individual who is not a relative of the principal by blood, marriage, or adoption within the third degree of consanguinity.   4. A durable power of attorney for health care or similar document executed in another state or jurisdiction in compliance with the law of that state or jurisdiction shall be deemed valid and enforceable in this state, to the extent the document is consistent with the laws of this state. A durable power of attorney or similar document executed by a veteran of the armed forces which is in compliance with the federal department of veterans affairs advance directive requirements shall be deemed valid and enforceable.  91 Acts, ch 140, 3; 98 Acts, ch 1083, 2; 2012 Acts, ch 1050, 38, 60 
144B.4 Individuals ineligible to be attorney in fact.   The following individuals shall not be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care:   1. A health care provider attending the principal on the date of execution.   2. An employee of a health care provider attending the principal on the date of execution unless the individual to be designated is related to the principal by blood, marriage, or adoption within the third degree of consanguinity.  91 Acts, ch 140, 4 
144B.5 Durable power of attorney for health care  form.   1. A durable power of attorney for health care executed pursuant to this chapter may, but need not, be in the following form:   I hereby designate ................................ as my attorney in fact (my agent) and give to my agent the power to make health care decisions for me. This power exists only when I am unable, in the judgment of my attending physician, to make those health care decisions. The attorney in fact must act consistently with my desires as stated in this document or otherwise made known.   Except as otherwise specified in this document, this document gives my agent the power, where otherwise consistent with the law of this state, to consent to my physician not giving health care or stopping health care which is necessary to keep me alive.   This document gives my agent power to make health care decisions on my behalf, including to consent, to refuse to consent, or to withdraw consent to the provision of any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition. This power is subject to any statement of my desires and any limitations included in this document.   My agent has the right to examine my medical records and to consent to disclosure of such records.   2. In addition to the foregoing, the principal may provide specific instructions in the document conferring the durable power of attorney for health care, consistent with the provisions of this chapter.   3. The principal may include a statement indicating that the designated attorney in fact has been notified of and consented to the designation.   4. A durable power of attorney for health care may designate one or more alternative attorneys in fact.   5. A durable power of attorney for health care may include a declaration under chapter 144C that names a designee and alternate designees who may be different persons than the attorney in fact or alternate attorneys in fact who are designated in the durable power of attorney for health care.  91 Acts, ch 140, 5; 2008 Acts, ch 1051, 5, 22 
144B.6 Attorney in fact  priority to make decisions.   1. Unless the district court sitting in equity specifically finds that the attorney in fact is acting in a manner contrary to the wishes of the principal or the durable power of attorney for health care provides otherwise, an attorney in fact who is known to the health care provider to be available and willing to make health care decisions has priority over any other person, including a guardian appointed pursuant to chapter 633, to act for the principal in all matters of health care decisions. The attorney in fact has authority to make a particular health care decision only if the principal is unable, in the judgment of the attending physician, to make the health care decision. If the principal objects to a decision to withhold or withdraw health care, the principal shall be presumed to be able to make a decision.   2. In exercising the authority under the durable power of attorney for health care, the attorney in fact has a duty to act in accordance with the desires of the principal as expressed in the durable power of attorney for health care or otherwise made known to the attorney in fact at any time. A declaration executed by the principal pursuant to the life-sustaining procedures Act, chapter 144A, shall not be interpreted as expressing an intent to prohibit the withdrawal of hydration or nutrition when required to be provided parenterally or through intubation and shall not otherwise restrict the authority of the attorney in fact unless either the declaration or the durable power of attorney for health care expressly provides otherwise. If the principals desires are unknown, the attorney in fact has a duty to act in the best interests of the principal, taking into account the principals overall medical condition and prognosis.  91 Acts, ch 140, 6 
144B.7 Authority to review medical records.   Except as limited by the durable power of attorney for health care, an attorney in fact has the same right as the principal to receive and review medical records of the principal, and to consent to the disclosure of medical records of the principal when acting pursuant to the durable power of attorney for health care.  91 Acts, ch 140, 7 
144B.8 Revocation of durable power of attorney.   1. A durable power of attorney for health care may be revoked at any time and in any manner by which the principal is able to communicate the intent to revoke, without regard to mental or physical condition. Revocation may be by notifying the attorney in fact orally or in writing. Revocation may also be made by notifying a health care provider orally or in writing while that provider is engaged in providing health care to the principal. A revocation is only effective as to a health care provider upon its communication to the provider by the principal or by another to whom the principal has communicated revocation. The health care provider shall document the revocation in the treatment records of the principal.   2. The principal is presumed to have the capacity to revoke a durable power of attorney for health care.   3. Unless it provides otherwise, a valid durable power of attorney for health care revokes any prior durable power of attorney for health care.   4. If authority granted by a durable power of attorney for health care is revoked under this section, an individual is not subject to criminal prosecution or civil liability for acting in good faith reliance upon the durable power of attorney for health care unless the individual has actual knowledge of the revocation.   5. The fact of execution and subsequent revocation of a durable power of attorney shall have no effect upon subsequent health care decisions made in accordance with accepted principles of law and standards of medical care governing those decisions.  91 Acts, ch 140, 8 
144B.9 Immunities and responsibilities.   1. A health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action if the health care provider relies on a health care decision and both of the following requirements are satisfied:   a. The decision is made by an attorney in fact who the health care provider believes in good faith is authorized to make the decision.   b. The health care provider believes in good faith that the decision is not inconsistent with the desires of the principal as expressed in the durable power of attorney for health care or otherwise made known to the health care provider, and, if the decision is to withhold or withdraw health care necessary to keep the principal alive, the health care provider has provided an opportunity for the principal to object to the decision.   2. Notwithstanding a contrary health care decision of the attorney in fact, the health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action for failing to withhold or withdraw health care necessary to keep the principal alive. However, the attorney in fact may make provisions to transfer the responsibility for the care of the principal to another health care provider.   3. An attorney in fact is not subject to criminal prosecution or civil liability for any health care decision made in good faith pursuant to a durable power of attorney for health care.   4. It shall be presumed that an attorney in fact, and a health care provider acting pursuant to the direction of an attorney in fact, are acting in good faith and in the best interests of the principal absent clear and convincing evidence to the contrary.   5. For purposes of this section, acting in good faith means acting consistent with the desires of the principal as expressed in the durable power of attorney for health care or otherwise made known to the attorney in fact, or where those desires are unknown, acting in the best interests of the principal, taking into account the principals overall medical condition and prognosis.   6. A health care provider or attorney in fact may presume that a durable power of attorney for health care is valid absent actual knowledge to the contrary.  91 Acts, ch 140, 9 
144C.1 Short title.   This chapter may be cited as the Final Disposition Act.  2008 Acts, ch 1051, 6, 22 
144C.10 Effect of declaration.   1. The designee designated in a declaration shall have the sole discretion pursuant to the declaration to determine what final disposition of the declarants remains and ceremonies to be performed after the declarants death are reasonable under the circumstances.   2. The most recent declaration executed by a declarant shall control.   3. This chapter does not prohibit a person from conducting a separate ceremony to commemorate a declarant, at the persons expense, to assist in the bereavement process.   4. The rights of a donee created by an anatomical gift pursuant to chapter 142C are superior to the authority of a designee under a declaration executed pursuant to this chapter.  2008 Acts, ch 1051, 15, 22; 2010 Acts, ch 1032, 1 
144C.11 Practice of mortuary science.   This chapter shall not be construed to authorize the unlicensed practice of mortuary science as provided in chapter 156.  2008 Acts, ch 1051, 16, 22 
144C.2 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Adult means a person who is married or who is eighteen years of age or older.   2. Adult day services program means adult day services program as defined in section 231D.1.   3. Assisted living program means an assisted living program under chapter 231C.   4. Ceremony means a formal act or set of formal acts established by custom or authority to commemorate a decedent.   5. Child means a son or daughter of a person, whether by birth or adoption.   6. Decedent means a deceased adult.   7. Declarant means a competent adult who executes a declaration pursuant to this chapter.   8. Declaration means a written instrument that is executed by a declarant in accordance with the requirements of this chapter, and that names a designee who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarants remains and the ceremonies planned after the declarants death.   9. Designee means a competent adult designated under a declaration who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarants remains and the ceremonies planned after the declarants death.   10. Elder group home means elder group home as defined in section 231B.1.   11. Final disposition means the burial, interment, cremation, removal from the state, or other disposition of remains.   12. Health care facility means health care facility as defined in section 135C.1.   13. Health care provider means health care provider as defined in section 144A.2.   14. Hospital means hospital as defined in section 135B.1.   15. Interested person means a decedents spouse, parent, grandparent, adult child, adult sibling, adult grandchild, or a designee.   16. Licensed hospice program means a licensed hospice program as defined in section 135J.1.   17. Reasonable under the circumstances means consideration of what is appropriate in relation to the declarants finances, cultural or family customs, and religious or spiritual beliefs. Reasonable under the circumstances may include but is not limited to consideration of the declarants preneed funeral, burial, or cremation plan, and known or reasonably ascertainable creditors of the declarant.   18. Remains means the body or cremated remains of a decedent.   19. a. Third party means a person who is requested to dispose of remains by an adult with the right to dispose of a decedents remains under section 144C.5 or assist with arrangements for ceremonies planned after the declarants death.   b. Third party includes but is not limited to a funeral director, funeral establishment, cremation establishment, cemetery, the state medical examiner, or a county medical examiner.  2008 Acts, ch 1051, 7, 22; 2009 Acts, ch 133, 45; 2017 Acts, ch 30, 2, 4  2017 amendment to subsection 8 applies to declarations executed on or after July 1, 2017;  2017 Acts, ch 30, 4 
144C.3 Declaration  designee.   1. A declaration shall name a designee who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarants remains and the ceremonies planned after the declarants death. A declaration may name one or more alternate designees and may include contact information for the designees and alternate designees.   2. A declaration shall not include directives for final disposition of the declarants remains and shall not include arrangements for ceremonies planned after the declarants death.   3. A designee, an alternate designee, and a third party shall act in good faith and in a manner that is reasonable under the circumstances.   4. A funeral director, an attorney, or any agent, owner, or employee of a funeral establishment, cremation establishment, cemetery, elder group home, assisted living program, adult day services program, or licensed hospice program shall not serve as a designee unless married to the declarant or related to the declarant within the third degree of consanguinity.   5. This section shall not be construed to permit a person who is not licensed pursuant to chapter 156 to make funeral arrangements.  2008 Acts, ch 1051, 8, 22; 2008 Acts, ch 1191, 124; 2009 Acts, ch 133, 46; 2020 Acts, ch 1025, 3 
144C.4 Reliance  immunities.   1. A designee or third party who relies in good faith on a declaration is not subject to civil liability or to criminal prosecution or professional disciplinary action to any greater extent than if the designee or third party dealt directly with the declarant as a fully competent and living person.   2. A designee or third party who relies in good faith on a declaration may presume, in the absence of actual knowledge to the contrary, all of the following:   a. That the declaration was validly executed.   b. That the declarant was competent at the time the declaration was executed.   3. A third party who relies in good faith on a declaration is not subject to civil or criminal liability for the proper application of property delivered or surrendered in compliance with decisions made by the designee including but not limited to trust funds held pursuant to chapter 523A.   4. A third party who has reasonable cause to question the authenticity or validity of a declaration may promptly and reasonably seek additional information from the person proffering the declaration or from other persons to verify the declaration.   5. The state medical examiner or a county medical examiner shall not be subject to civil liability or to criminal prosecution or professional disciplinary action for releasing a decedents remains to a person who is not a designee or alternate designee.   6. This section shall not be construed to impair any contractual obligations of a designee or third party incurred in fulfillment of a declaration.  2008 Acts, ch 1051, 9, 22 
144C.5 Final disposition of remains  right to control.   1. The right to control final disposition of a decedents remains or to make arrangements for the ceremony after a decedents death vests in and devolves upon the following persons who are competent adults at the time of the decedents death, in the following order:   a. A designee, or alternate designee, acting pursuant to the decedents declaration.   b. The surviving spouse of the decedent, if not legally separated from the decedent, whose whereabouts is reasonably ascertainable.   c. A surviving child of the decedent, or, if there is more than one, a majority of the surviving children whose whereabouts are reasonably ascertainable.   d. The surviving parents of the decedent whose whereabouts are reasonably ascertainable.   e. A surviving grandchild of the decedent, or, if there is more than one, a majority of the surviving grandchildren whose whereabouts are reasonably ascertainable.   f. A surviving sibling of the decedent, or, if there is more than one, a majority of the surviving siblings whose whereabouts are reasonably ascertainable.   g. A surviving grandparent of the decedent, or, if there is more than one, a majority of the surviving grandparents whose whereabouts are reasonably ascertainable.   h. A person in the next degree of kinship to the decedent in the order named by law to inherit the estate of the decedent under the rules of inheritance for intestate succession or, if there is more than one, a majority of such surviving persons whose whereabouts are reasonably ascertainable.   i. A person who represents that the person knows the identity of the decedent and who signs an affidavit warranting the identity of the decedent and assuming the right to control final disposition of the decedents remains and the responsibility to pay any expense attendant to such final disposition. A person who warrants the identity of the decedent pursuant to this paragraph is liable for all damages that result, directly or indirectly, from that warrant.   j. The county medical examiner, if responsible for the decedents remains.   2. A third party may rely upon the directives of a person who represents that the person is a member of a class of persons described in subsection 1, paragraph c, e, f, g, or h, and who signs an affidavit stating that all other members of the class, whose whereabouts are reasonably ascertainable, have been notified of the decedents death and the person has received the assent of a majority of those members of that class of persons to control final disposition of the decedents remains and to make arrangements for the performance of a ceremony for the decedent.   3. A third party may await a court order before proceeding with final disposition of a decedents remains or arrangements for the performance of a ceremony for a decedent if the third party is aware of a dispute among persons who are members of the same class of persons described in subsection 1, or of a dispute between persons who are authorized under subsection 1 and the executor named in a decedents will or a personal representative appointed by the court.  2008 Acts, ch 1051, 10, 22  Referred to in 142.1, 144.27, 144.34, 144.56, 144C.2, 144C.8, 331.802, 331.804, 331.805, 523I.309  Section applies to all deaths occurring on or after July 1, 2008, except that subsection 1, paragraph a, applies only to a designee or alternate designee designated in a declaration that is executed on or after July 1, 2008;  2008 Acts, ch 1051, 22 
144C.6 Declaration of designee  form  requirements.   1. A declaration executed pursuant to this chapter may but need not be in the following form:   I hereby designate ........................................ as my designee. My designee shall have the sole responsibility for making decisions concerning the final disposition of my remains and the ceremonies to be performed after my death. This declaration hereby revokes all prior declarations. This designation becomes effective upon my death.   My designee shall act in a manner that is reasonable under the circumstances.   I may revoke or amend this declaration at any time. I agree that a third party (such as a funeral or cremation establishment, funeral director, or cemetery) who receives a copy of this declaration may act in reliance on it. Revocation of this declaration is not effective as to a third party until the third party receives notice of the revocation. My estate shall indemnify my designee and any third party for costs incurred by them or claims arising against them as a result of their good faith reliance on this declaration.   I execute this declaration as my free and voluntary act.   2. A declaration executed pursuant to this chapter shall be in a written form that substantially complies with the form in subsection 1, is properly completed, and is dated and signed by the declarant or another person acting on the declarants behalf at the direction of and in the presence of the declarant. In addition, a declaration shall be either of the following:   a. Signed by at least two individuals who are not named therein and who, in the presence of each other and the declarant, witnessed the signing of the declaration by the declarant, or another person acting on the declarants behalf at the direction of and in the presence of the declarant, and witnessed the signing of the declaration by each other.   b. Acknowledged before a notarial officer as provided in chapter 9B.   3. A declaration may include the location of an agreement for prearranged funeral services or funeral merchandise as defined in and executed under chapter 523A, cemetery lots owned by or reserved for the declarant, and special instructions regarding organ donation consistent with chapter 142C.   4. A declaration for disposition of remains made by a service member who died while performing military duty as defined in section 29A.1, subsection 3, 8, or 12, on forms provided and authorized by the department of defense for service members for this purpose shall constitute a valid declaration of designee for purposes of this chapter.  2008 Acts, ch 1051, 11, 22; 2010 Acts, ch 1170, 3; 2011 Acts, ch 47, 8; 2012 Acts, ch 1050, 39, 60; 2012 Acts, ch 1072, 33; 2017 Acts, ch 30, 3, 4  2017 amendment to subsection 2, unnumbered paragraph 1, applies to declarations executed on or after July 1, 2017;  2017 Acts, ch 30, 4 
144C.7 Revocation of declaration.   1. A declaration is revocable by a declarant in a writing signed and dated by the declarant.   2. Unless otherwise expressly provided in a declaration:   a. A dissolution of marriage, annulment of marriage, or legal separation between the declarant and the declarants spouse that occurs subsequent to the execution of the declaration constitutes an automatic revocation of the spouse as a designee.   b. A designation of a person as a designee pursuant to a declaration is ineffective if the designation is revoked by the declarant in writing subsequent to the execution of the declaration or if the designee is unable or unwilling to serve as the designee.  2008 Acts, ch 1051, 12, 22 
144C.8 Forfeiture of designees authority.   A designee shall forfeit all rights and authority under a declaration and all rights and authority under the declaration shall vest in and devolve upon an alternate designee, or if there is none, vest in and devolve pursuant to section 144C.5, under either of the following circumstances:   1. The designee is charged with murder in the first or second degree or voluntary manslaughter in connection with the declarants death and those charges are known to a third party.   2. The designee does not exercise the designees authority under the declaration within twenty-four hours of receiving notification of the death of the declarant or within forty hours of the declarants death, whichever is earlier.  2008 Acts, ch 1051, 13, 22 
144C.9 Interstate effect of declaration.   Unless otherwise expressly provided in a declaration:   1. It is presumed that the declarant intended to have a declaration executed pursuant to this chapter have the full force and effect of law in any state of the United States, the District of Columbia, and any other territorial possessions of the United States.   2. A declaration or similar instrument executed in another state that complies with the requirements of this chapter may be relied upon, in good faith, by the designee, an alternate designee, and a third party in this state so long as the declaration is not invalid, illegal, or unconstitutional in this state.  2008 Acts, ch 1051, 14, 22 
144D.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Advanced registered nurse practitioner means an advanced registered nurse practitioner licensed pursuant to chapter 152 or 152E.   2. Department means the department of public health.   3. Emergency medical care provider means emergency medical care provider as defined in section 147A.1.   4. Health care facility means health care facility as defined in section 135C.1, a hospice program as defined in section 135J.1, an elder group home as defined in section 231B.1, and an assisted living program as defined in section 231C.2.   5. Health care provider means an individual, including an emergency medical care provider and an individual providing home and community-based services, and including a home health agency, licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession.   6. Home health agency means home health agency as defined in  42 C.F.R. pt. 484  .   7. Hospital means hospital as defined in section 135B.1.   8. Legal representative means an individual authorized to execute a POST form on behalf of a patient who is not competent to do so, in the order of priority set out in section 144A.7, subsection 1, and guided by the express or implied intentions of the patient or, if such intentions are unknown, by the patients best interests given the patients overall medical condition and prognosis.   9. Patient means an individual who is frail and elderly or who has a chronic, critical medical condition or a terminal illness and for which a physician orders for scope of treatment form is consistent with the individuals goals of care.   10. Physician means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state.   11. Physician assistant means a person licensed as a physician assistant under chapter 148C.   12. Physician orders for scope of treatment form or POST form means a document containing medical orders which may be relied upon across medical settings that consolidates and summarizes a patients preferences for life-sustaining treatments and interventions and acts as a complement to and does not supersede any valid advance directive.  2012 Acts, ch 1008, 2; 2016 Acts, ch 1073, 60  Referred to in 135P.1 
144D.2 Physician orders for scope of treatment (POST) form.   1. The POST form shall be a uniform form based upon the national physician orders for life-sustaining treatment paradigm form. The form shall have all of the following characteristics:   a. The form shall include the patients name and date of birth.   b. The form shall be signed and dated by the patient or the patients legal representative.   c. The form shall be signed and dated by the patients physician, advanced registered nurse practitioner, or physician assistant.   d. If preparation of the form was facilitated by an individual other than the patients physician, advanced registered nurse practitioner, or physician assistant, the facilitator shall also sign and date the form.   e. The form shall include the patients wishes regarding the care of the patient, including but not limited to all of the following:   (1) The administration of cardiopulmonary resuscitation.   (2) The level of medical interventions in the event of a medical emergency.   (3) The use of medically administered nutrition by tube.   f. The form shall be easily distinguishable to facilitate recognition by health care providers, hospitals, and health care facilities.   g. An incomplete section on the form shall imply the patients wishes for full treatment for the type of treatment addressed in that section.   2. The department shall prescribe the uniform POST form and shall post the form on the departments internet site for public availability.  2012 Acts, ch 1008, 3; 2013 Acts, ch 90, 257; 2021 Acts, ch 182, 66  Subsection 1, paragraph e, subparagraph (4) stricken 
144D.3 Compliance with POST form.   1. A POST form executed in this state or another state or jurisdiction in compliance with the law of that state or jurisdiction shall be deemed valid and enforceable in this state to the extent the form is consistent with the laws of this state, and may be accepted by a health care provider, hospital, or health care facility.   2. A health care provider, hospital, or health care facility may comply with an executed POST form, notwithstanding that the physician, advanced registered nurse practitioner, or physician assistant who signed the POST form does not have admitting privileges at the hospital or health care facility providing health care or treatment.   3. A POST form may be revoked at any time and in any manner by which the patient or a patients legal representative is able to communicate the patients intent to revoke, without regard to the patients mental or physical condition. A revocation is only effective as to the health care provider, hospital, or health care facility upon communication to the health care provider, hospital, or health care facility by the patient, the patients legal representative, or by another to whom the revocation was communicated.   4. In the absence of actual notice of the revocation of a POST form, a health care provider, hospital, health care facility, or any other person who complies with a POST form shall not be subject to civil or criminal liability or professional disciplinary action for actions taken under this chapter which are in accordance with reasonable medical standards. A health care provider, hospital, health care facility, or other person against whom criminal or civil liability or professional disciplinary action is asserted because of conduct in compliance with this chapter may interpose the restriction on liability in this subsection as an absolute defense.   5. A health care provider, hospital, or health care facility that is unwilling to comply with an executed POST form based on policy, religious beliefs, or moral convictions shall take all reasonable steps to transfer the patient to another health care provider, hospital, or health care facility.  2012 Acts, ch 1008, 4; 2012 Acts, ch 1138, 50 
144D.4 General provisions.   1. If an individual is a qualified patient as defined in section 144A.2, the individuals declaration executed under chapter 144A shall control health care decision making for the individual in accordance with chapter 144A. If an individual has not executed a declaration pursuant to chapter 144A, health care decision making relating to life-sustaining procedures for the individual shall be governed by section 144A.7. A POST form shall not supersede a declaration executed pursuant to chapter 144A.   2. If an individual has executed a durable power of attorney for health care pursuant to chapter 144B, the individuals durable power of attorney for health care shall control health care decision making for the individual in accordance with chapter 144B. A POST form shall not supersede a durable power of attorney for health care executed pursuant to chapter 144B.   3. If the individuals physician has issued an out-of-hospital do-not-resuscitate order pursuant to section 144A.7A, the POST form shall not supersede the out-of-hospital do-not-resuscitate order.   4. Death resulting from the withholding or withdrawal of life-sustaining procedures pursuant to an executed POST form and in accordance with this chapter does not, for any purpose, constitute a suicide, homicide, or dependent adult abuse.   5. The executing of a POST form does not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining procedures pursuant to this chapter notwithstanding any term of the policy to the contrary.   6. A health care provider, hospital, health care facility, health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital plan shall not require any person to execute a POST form as a condition of being insured for, or receiving, health care services.   7. This chapter does not create a presumption concerning the intention of an individual who has not executed a POST form with respect to the use, withholding, or withdrawal of life-sustaining procedures in the event of a terminal condition.   8. This chapter shall not be interpreted to affect the right of an individual to make decisions regarding use of life-sustaining procedures as long as the individual is able to do so, nor to impair or supersede any right or responsibility that any person has to effect the withholding or withdrawal of medical care in any lawful manner. In that respect, the provisions of this chapter are cumulative.   9. This chapter shall not be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.   10. A POST form executed between July 1, 2008, and June 30, 2012, as part of the patient autonomy in health care decisions pilot project created pursuant to  2008 Iowa Acts, ch. 1188, 36  , as amended by  2010 Iowa Acts, ch. 1192, 58  , shall remain effective until revoked or until a new POST form is executed pursuant to this chapter.  2012 Acts, ch 1008, 5; 2012 Acts, ch 1133, 95; 2014 Acts, ch 1026, 143 
144E.1 Title.   This chapter shall be known and may be cited as the Right to Try Act.  2017 Acts, ch 130, 1 
144E.2 Definitions.   As used in this chapter:   1. Eligible patient means an individual who meets all of the following conditions:   a. Has a terminal illness, attested to by the patients treating physician.   b. Has considered and rejected or has tried and failed to respond to all other treatment options approved by the United States food and drug administration.   c. Has received a recommendation from the individuals physician for an investigational drug, biological product, or device.   d. Has given written informed consent for the use of the investigational drug, biological product, or device.   e. Has documentation from the individuals physician that the individual meets the requirements of this subsection.   2. Investigational drug, biological product, or device means a drug, biological product, or device that has successfully completed phase 1 of a United States food and drug administration-approved clinical trial but has not yet been approved for general use by the United States food and drug administration and remains under investigation in a United States food and drug administration-approved clinical trial.   3. Terminal illness means a progressive disease or medical or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with administration of treatments approved by the United States food and drug administration, and that, without life-sustaining procedures, will result in death.   4. Written informed consent means a written document that is signed by the patient, a parent of a minor patient, or a legal guardian or other legal representative of the patient and attested to by the patients treating physician and a witness and that includes all of the following:   a. An explanation of the products and treatments approved by the United States food and drug administration for the disease or condition from which the patient suffers.   b. An attestation that the patient concurs with the patients treating physician in believing that all products and treatments approved by the United States food and drug administration are unlikely to prolong the patients life.   c. Clear identification of the specific proposed investigational drug, biological product, or device that the patient is seeking to use.   d. A description of the best and worst potential outcomes of using the investigational drug, biological product, or device and a realistic description of the most likely outcome. The description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by use of the proposed investigational drug, biological product, or device. The description shall be based on the treating physicians knowledge of the proposed investigational drug, biological product, or device in conjunction with an awareness of the patients condition.   e. A statement that the patients health plan or third-party administrator and provider are not obligated to pay for any care or treatments consequent to the use of the investigational drug, biological product, or device, unless they are specifically required to do so by law or contract.   f. A statement that the patients eligibility for hospice care may be withdrawn if the patient begins curative treatment with the investigational drug, biological product, or device and that care may be reinstated if this treatment ends and the patient meets hospice eligibility requirements.   g. A statement that the patient understands that the patient is liable for all expenses consequent to the use of the investigational drug, biological product, or device and that this liability extends to the patients estate unless a contract between the patient and the manufacturer of the investigational drug, biological product, or device states otherwise.  2017 Acts, ch 130, 2 
144E.3 Manufacturer rights.   1. A manufacturer of an investigational drug, biological product, or device may make available and an eligible patient may request the manufacturers investigational drug, biological product, or device under this chapter. This chapter does not require a manufacturer of an investigational drug, biological product, or device to provide or otherwise make available the investigational drug, biological product, or device to an eligible patient.   2. A manufacturer described in subsection 1 may do any of the following:   a. Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation.   b. Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.  2017 Acts, ch 130, 3 
144E.4 Treatment coverage.   1. This chapter does not expand the coverage required of an insurer under Title XIII, subtitle 1.   2. A health plan, third-party administrator, or governmental agency may provide coverage for the cost of an investigational drug, biological product, or device, or the cost of services related to the use of an investigational drug, biological product, or device under this chapter.   3. This chapter does not require any governmental agency to pay costs associated with the use, care, or treatment of a patient with an investigational drug, biological product, or device.   4. This chapter does not require a hospital licensed under chapter 135B or other health care facility to provide new or additional services.  2017 Acts, ch 130, 4 
144E.5 Heirs not liable for treatment debts.   If a patient dies while being treated by an investigational drug, biological product, or device, the patients heirs are not liable for any outstanding debt related to the treatment or lack of insurance due to the treatment, unless otherwise required by law.  2017 Acts, ch 130, 5 
144E.6 Provider recourse.   1. To the extent consistent with state law, the board of medicine created under chapter 147 shall not revoke, fail to renew, suspend, or take any action against a physicians license based solely on the physicians recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device.   2. To the extent consistent with federal law, an entity responsible for Medicare certification shall not take action against a physicians Medicare certification based solely on the physicians recommendation that a patient have access to an investigational drug, biological product, or device.  2017 Acts, ch 130, 6 
144E.7 State interference.   An official, employee, or agent of this state shall not block or attempt to block an eligible patients access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed physician is not a violation of this section.  2017 Acts, ch 130, 7 
144E.8 Private cause of action.   1. This chapter shall not create a private cause of action against a manufacturer of an investigational drug, biological product, or device 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, 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.   2. This chapter shall not affect any mandatory health care coverage for participation in clinical trials under Title XIII, subtitle 1.  2017 Acts, ch 130, 8 
144E.9 Assisting suicide.   This chapter shall not be construed to allow a patients treating physician to assist the patient in committing or attempting to commit suicide as prohibited in section 707A.2.  2017 Acts, ch 130, 9 
144F.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Aftercare assistance means any assistance provided by a lay caregiver to a patient following discharge of the patient that involves tasks directly related to the patients condition at the time of discharge, does not require a licensed professional, and is determined to be appropriate by the patients discharging physician or other licensed health care professional.   2. Discharge means the exit or release of a patient from inpatient care in a hospital to the residence of the patient.   3. Facility means a health care facility as defined in section 135C.1, an elder group home as defined in section 231B.1, or an assisted living program as defined in section 231C.2.   4. Hospital means a licensed hospital as defined in section 135B.1.   5. Lay caregiver means an individual, eighteen years of age or older, who is designated as a lay caregiver under this chapter by a patient or the patients legal representative, and who is willing and able to perform aftercare assistance for the patient at the patients residence following discharge.   6. Legal representative means, in order of priority, an attorney in fact under a durable power of attorney for health care pursuant to chapter 144B or, if no durable power of attorney for health care has been executed pursuant to chapter 144B or if the attorney in fact is unavailable, a legal guardian appointed pursuant to chapter 232D or 633.   7. Patient means an individual who is receiving or who has received inpatient medical care in a hospital.   8. Residence means the dwelling that a patient considers to be the patients home. Residence does not include any rehabilitation facility, hospital, or facility.  2019 Acts, ch 18, 1; 2020 Acts, ch 1062, 25; 2020 Acts, ch 1063, 62 
144F.2 Discharge policies  opportunity to designate lay caregiver.   1. a. A hospital shall adopt and maintain evidence-based discharge policies and procedures. At a minimum, the policies and procedures shall provide for an assessment of the patients ability for self-care after discharge and, as part of the assessment, shall provide a patient, or if applicable the patients legal representative, with an opportunity to designate one lay caregiver prior to discharge of the patient.   b. A legal representative who is an agent under a durable power of attorney for health care pursuant to chapter 144B shall be given the opportunity to designate a lay caregiver in lieu of the patients designation of a lay caregiver only if, consistent with chapter 144B, in the judgment of the attending physician, the patient is unable to make the health care decision. A legal representative who is a guardian shall be given the opportunity to designate a lay caregiver in lieu of the patients designation of a lay caregiver to the extent consistent with the powers and duties granted the guardian pursuant to sections 232D.401 and 232D.402 or section 633.635.   2. If a patient or the patients legal representative declines to designate a lay caregiver, the hospital shall document the declination in the patients medical record and the hospital shall be deemed to be in compliance with this section.   3. If a patient or the patients legal representative designates a lay caregiver, the hospital shall do all of the following:   a. Record in the patients medical record the designation of the lay caregiver, in accordance with the hospitals policies and procedures, which may include information such as the relationship of the lay caregiver to the patient, and the name, telephone number, and address of the lay caregiver.   b. (1) Request written consent from the patient or the patients legal representative to release medical information to the lay caregiver in accordance with the hospitals established procedures for releasing a patients personal health information and in compliance with all applicable state and federal laws.   (2) If a patient or the patients legal representative declines to consent to the release of medical information to the lay caregiver, the hospital is not required to provide notice to the lay caregiver under section 144F.3 or to consult with or provide information contained in the patients discharge plan to the lay caregiver under section 144F.4.   4. A patient or the patients legal representative may change the designation of a lay caregiver if the lay caregiver becomes incapacitated.   5. The designation of an individual as a lay caregiver under this section does not obligate the individual to perform any aftercare assistance for the patient.   6. This section shall not be construed to require a patient or the patients legal representative to designate a lay caregiver.  2019 Acts, ch 18, 2; 2021 Acts, ch 80, 77  Referred to in 144F.3, 144F.4  Subsection 1, paragraph b amended 
144F.3 Notification of lay caregiver of discharge.   If a lay caregiver is designated under section 144F.2, the hospital shall, in accordance with the hospitals established policies and procedures, attempt to notify the lay caregiver of the discharge of the patient as soon as practicable.  2019 Acts, ch 18, 3  Referred to in 144F.2 
144F.4 Aftercare assistance instructions to lay caregiver.   1. If a lay caregiver is designated under section 144F.2, as soon as practicable prior to discharge of a patient, a hospital shall attempt to do all of the following:   a. Consult with the patients lay caregiver to prepare the lay caregiver for the aftercare assistance the lay caregiver may provide.   b. Issue a discharge plan that describes the aftercare assistance needs of the patient and offer to provide the lay caregiver with instructions for the aftercare assistance tasks described in the discharge plan and the opportunity for the lay caregiver to ask questions regarding such tasks.   2. The inability of a hospital to consult with a patients lay caregiver shall not interfere with, delay, or otherwise affect the medical care provided to the patient or the patients discharge.  2019 Acts, ch 18, 4  Referred to in 144F.2 
144F.5 Hospital discharge process  evidence-based practices.   A hospitals discharge process may incorporate established evidence-based practices, including but not limited to any of the following:   1. The standards for accreditation adopted by the joint commission on the accreditation of health care organizations or any other nationally recognized hospital accreditation organization.   2. The conditions of participation for hospitals adopted by the centers for Medicare and Medicaid services of the United States department of health and human services.  2019 Acts, ch 18, 5 
144F.6 Construction of chapter relative to other health care directives.   Nothing in this chapter shall be construed to interfere with the authority or responsibilities of an agent operating under a valid durable power of attorney for health care pursuant to chapter 144B or of the powers and duties granted to a guardian pursuant to section 232D.401, 232D.402, or 633.635.  2019 Acts, ch 18, 6; 2020 Acts, ch 1063, 63; 2021 Acts, ch 80, 78  Section amended 
144F.7 Limitations.   1. Nothing in this chapter shall be construed to create a private right of action against a hospital, a hospital employee, or any consultant or contractor with whom a hospital has a contractual relationship, or to limit or otherwise supersede or replace existing rights or remedies under any other provision of law.   2. Nothing in this chapter shall delay the appropriate discharge or transfer of a patient.   3. Nothing in this chapter shall be construed to interfere with or supersede a health care providers instructions regarding a Medicare-certified home health agency or any other post-acute care provider.   4. Nothing in this chapter shall be construed to grant decision-making authority to a lay caregiver to determine the type of provider or provider of the patients post-hospital care as specified in the patients discharge plan.  2019 Acts, ch 18, 7 
144G.1 Withdrawal of life-sustaining procedures from minor child  court intervention.   1. A court of law or equity shall not have the authority to require the withdrawal of life-sustaining procedures from a minor child over the objection of the minor childs parent or guardian, unless there is conclusive medical evidence that the minor child has died and any electronic brain, heart, or respiratory monitoring activity exhibited to the contrary is a false artifact.   2. For the purposes of this section:   a. Life-sustaining procedure means the same as defined in section 144A.2.   b. Minor means the same as specified in section 599.1.  2020 Acts, ch 1110, 1 
145A.1 Consolidation for purpose.   Any of the political subdivisions of this state may consolidate to acquire and operate an area hospital for the purpose of providing hospital service for all residents of such area.  [C71, 73, 75, 77, 79, 81, 145A.1] 
145A.10 Board of hospital trustees.   Upon acceptance of a plan, the officials of the merged area acting as a committee of the whole shall appoint a board of hospital trustees. The board of trustees shall then meet, elect a chairperson and adopt such rules for the organization of the board as may be necessary. The number and composition of the board shall be determined by the committee appointing the board; but as a matter of public policy the committee is directed to apportion the board into area districts in such a way that the residents of all of the merged area will be represented as nearly equally as possible on the board.  [C71, 73, 75, 77, 79, 81, 145A.10] 
145A.11 Terms of members.   The terms of members of the board shall be four years, except that members of the initial board shall determine their respective terms by lot so that the terms of one-half of the members, as nearly as may be, shall expire at the next general election. The remaining initial terms shall expire at the following general election. The successors of the initial board shall be chosen from area districts at regular elections, and shall be nominated and elected in the same manner as county hospital trustees as provided in section 347.25, except that nomination papers on behalf of a candidate shall be signed by not less than twenty-five eligible electors from the area district.  [C71, 73, 75, 77, 79, 81, 145A.11] 
145A.12 Operation and management.   The board shall govern the operation and management of the area hospital and may do all things necessary to establish and operate the hospital. The board has all the general powers, duties, and responsibilities of the trustees of county public hospitals as set out in sections 347.13 and 347.14 and may enter into contracts for the operation and management of area hospital facilities.  [C71, 73, 75, 77, 79, 81, 145A.12]  85 Acts, ch 123, 5 
145A.13 Political status.   A merged area as a public corporation formed under this chapter may exercise the powers granted under this chapter, and may sue and be sued, purchase and sell property, incur indebtedness in accordance with constitutional limitations, and exercise all the powers granted by law and other powers incident to public corporations of like character and not inconsistent with the laws of this state.  [C71, 73, 75, 77, 79, 81, 145A.13]  85 Acts, ch 123, 6 
145A.14 Budget for operation.   The board shall prepare an annual budget designating the proposed expenditures for operation of the area hospital and payment of bonded indebtedness, and the amount to be raised by taxation, following the requirements of chapter 24. The board shall prorate the amount to be raised for operations by local taxation among the respective political subdivisions forming a part of the merged area in the proportion that the product of the value of taxable property and the maximum tax levy rate in each political subdivision bears to the total product of the value of taxable property and the maximum tax levy rate in the entire merged area, as set out in the published order of merger. The board of hospital trustees shall certify the amount so determined to the respective levying officials of the affected counties, and the officials shall levy a tax sufficient to raise the annual budget. Taxes collected pursuant to the levy shall be paid by the respective county treasurers to the treasurer of the area hospital in the same manner that school taxes are paid to local school districts.  [C71, 73, 75, 77, 79, 81, 145A.14]  85 Acts, ch 123, 7  Referred to in 145A.18, 347A.3 
145A.15 Treasurer of hospital.   If the area hospital is located within the corporate limits of any city, the city treasurer shall act as treasurer of the area hospital; and if the area hospital is located outside the limits of any city, the county treasurer shall act as the treasurer of the area hospital; provided, however, the board may appoint some other person to serve as treasurer. The board may require that the treasurer furnish appropriate bond for faithful performance of the treasurers duties.  [C71, 73, 75, 77, 79, 81, 145A.15]  Referred to in 331.552 
145A.16 Funds to aid hospital.   In addition to revenue derived by tax levy, the board of hospital trustees of a merged area shall be authorized to receive and expend:   1. Federal funds which may be available by federal laws, rules and regulations.   2. State aid which may be available by state laws and rules.   3. Fees and expenses charged to persons using the facilities of the hospital.   4. Donations and gifts which may be accepted by the hospital trustees and expended in accordance with the terms of the gift without compliance with the local budget law, chapter 24.  [C71, 73, 75, 77, 79, 81, 145A.16]  2004 Acts, ch 1086, 41 
145A.17 Indebtedness and bonds.   Boards of hospital trustees may by resolution acquire sites and buildings by purchase, lease, construction, or otherwise, for use by area hospitals and may by resolution contract indebtedness on behalf of the merged area and issue bonds bearing interest at a rate not exceeding the rate of interest permitted by chapter 74A, to raise funds in accordance with chapter 75 for the purpose of acquiring the sites and buildings.  [C71, 73, 75, 77, 79, 81, 145A.17]  85 Acts, ch 123, 8  Referred to in 145A.18 
145A.18 Taxes.   Taxes for the payment of bonds issued under section 145A.17 shall be levied in accordance with chapter 76 and in the same proportion as provided in section 145A.14. Any indebtedness incurred shall not be considered an indebtedness incurred for general and ordinary purposes.  [C71, 73, 75, 77, 79, 81, 145A.18]  85 Acts, ch 123, 9 
145A.19 Special tax.   In addition to the tax authorized in connection with the annual budget and with the issuance of bonds, the voters in any merged area may at any regular election vote a special tax for a period not to exceed five years for the purchase of grounds, purchase or construction of buildings, purchase of equipment, and for the purpose of maintaining, remodeling, improving, or expanding the hospital area. Such a tax shall not exceed one-fourth of the maximum levy of each political subdivision as set out in the published order of merger, but the total tax levy for annual budget, bonds, and special purposes shall not exceed the maximum levy as proposed in the published order of merger.  [C71, 73, 75, 77, 79, 81, 145A.19] 
145A.2 Definitions.   As used in this chapter, unless the context indicates otherwise:   1. Area hospital means a hospital established and operated by a merged area.   2. Board means the board of trustees of an area hospital.   3. Merged area means a public corporation formed by the residents of two or more contiguous or noncontiguous political subdivisions which have merged resources to establish and operate an area hospital.   4. Officials means the respective governing bodies of political subdivisions.   5. Political subdivision means any county, township, school district or city.  [C71, 73, 75, 77, 79, 81, 145A.2]  85 Acts, ch 123, 1, 2  Referred to in 476.95 
145A.20 Revenue bonds.   In addition to any other provisions of this chapter and for the purpose of acquiring, constructing, equipping, enlarging, or improving a hospital building or any part of a hospital building, merged areas may issue revenue bonds and the board has all the powers and duties of a county board of supervisors as provided in chapter 331, subchapter IV, part 4, and section 347A.3.  [C71, 73, 75, 77, 79, 81, 145A.20]  83 Acts, ch 101, 25; 85 Acts, ch 123, 10; 2018 Acts, ch 1041, 127  Referred to in 347A.3 
145A.21 Amendment of plan of merger  procedures  qualifications.   A plan of merger once approved may be amended. An amendment shall be formulated and approved in the same manner and subject to the same limitations as provided in sections 145A.3 through 145A.9 for the formulation and approval of an original plan of merger. However, an amendment to a plan of merger shall not in any way impair the obligation of or source of payment for bonds or other indebtedness duly contracted prior to the effective date of the amendment to the plan of merger.  85 Acts, ch 123, 11 
145A.22 Actions subject to contest of elections  filing actions  limitation.   A special election called to approve or reject an original plan of merger or an amendment to an approved plan of merger is subject to the provisions for contest of elections for public measures set forth in chapter 57. Except as provided with respect to election contests, after one hundred twenty days following the third and final publication of the order of approval of the plan or amendment to the plan of merger, an action shall not be filed to contest the regularity of the proceedings with respect to a plan of merger or amendment to a plan of merger. After one hundred twenty days the organization of the merged area is conclusively presumed to have been lawful.  85 Acts, ch 123, 12 
145A.3 Official planning  maximum levy.   The officials of a political subdivision may plan the formation of a public corporation as a merged area to establish and operate an area hospital. In planning for an area hospital, a county board of supervisors may exclude from the merged area any township of the county which the board of supervisors determines would not sufficiently benefit by the merger and the portion of the county not so excluded shall constitute one public corporation for the purposes of this chapter. Plans for an area hospital shall include the maximum amount to be levied for debt service and operation and maintenance of the area hospital in the portion of the merged area within each political subdivision taking part in the merger. However, the maximum tax rates for the various political subdivisions may vary as the officials determine, based upon the need for hospital service of the residents of each political subdivision, the proximity of the residents to the proposed location of the hospital, the property values within the subdivision, and the expected service benefits to the residents of each subdivision by the proposed area hospital.  [C71, 73, 75, 77, 79, 81, 145A.3]  85 Acts, ch 123, 3  Referred to in 145A.21, 347A.3 
145A.4 Plans.   Officials of the various subdivisions may expend public funds for the purpose of formulating plans and in carrying out plans for a merged area and may arrive at an equitable distribution of costs to be paid by each participating political subdivision.  [C71, 73, 75, 77, 79, 81, 145A.4]  Referred to in 145A.21, 347A.3 
145A.5 Order of approval.   When a plan is approved, the officials approving the plan shall jointly issue an order of approval. The order shall specify the area to be merged, the maximum rate of tax to be levied for debt service and operation and maintenance of the proposed area hospital in the portion of the merged area within each political subdivision, the proposed location of the hospital building, the estimated cost of the establishment of the hospital, and any other details concerning the establishment and operation of the hospital the officials deem pertinent. The order shall be published in one or more newspapers which have general circulation within the merged area once each week for three consecutive weeks, but the newspapers selected need not be published in the merged area. The published order shall contain a notice to the residents of each subdivision of the proposed merged area that if the residents fail to protest as provided in this chapter, the order shall be deemed approved upon the expiration of a sixty-day period following the date of the last published notice.  [C71, 73, 75, 77, 79, 81, 145A.5]  85 Acts, ch 123, 4  Referred to in 145A.21, 347A.3 
145A.6 Petition of protest.   The plans formulated for the area hospital shall be deemed approved unless, within sixty days after the third and final publication of the order, a petition protesting the proposed plan containing the signatures of at least five percent of the registered voters of any political subdivision within the proposed merged area is filed with the respective officials of the protesting petitioners.  [C71, 73, 75, 77, 79, 81, 145A.6]  2001 Acts, ch 56, 8  Referred to in 145A.21 
145A.7 Special election.   When a protesting petition is received, the officials receiving the petition shall call a special election of all registered voters of that political subdivision upon the question of approving or rejecting the order setting out the proposed merger plan. The election shall be held on a date specified in section 39.2, subsection 4, paragraph a or b, as applicable. The vote will be taken by ballot in the form provided by sections 49.43 through 49.47, and the election shall be initiated and held as provided in chapter 49. A majority vote of those registered voters voting at the special election shall be sufficient to approve the order and thus include the political subdivision within the merged area.  [C71, 73, 75, 77, 79, 81, 145A.7]  2001 Acts, ch 56, 9; 2008 Acts, ch 1115, 31, 71; 2021 Acts, ch 80, 79  Referred to in 145A.21  Section amended 
145A.8 Effect on other subdivisions.   A protest petition filed in one political subdivision shall have no effect upon the other political subdivisions of the proposed merged area; and in the portion of the proposed area where no protest petition is filed within sixty days after the last published notice, the residents of that portion of the area shall be deemed to have approved the proposed plan, and shall not take part in any special election.  [C71, 73, 75, 77, 79, 81, 145A.8]  Referred to in 145A.21 
145A.9 Continuance or abandonment.   If the voters at the special election approve by a majority vote the proposed plan, then the plan may be carried out as originally proposed. However, if the voters of any political subdivision within the proposed area reject the plan as set out in the original order, then said original order shall be wholly nullified.  [C71, 73, 75, 77, 79, 81, 145A.9]  Referred to in 145A.21 
CHAPTER 145B  DOGS FOR SCIENTIFIC RESEARCH  Repealed by  2008 Acts, ch 1058, 24 
146.1 Liability of persons relating to performance of abortions.   An individual who may lawfully perform, assist, or participate in medical procedures which will result in an abortion shall not be required against that individuals religious beliefs or moral convictions to perform, assist, or participate in such procedures. A person shall not discriminate against any individual in any way, including but not limited to employment, promotion, advancement, transfer, licensing, education, training or the granting of hospital privileges or staff appointments, because of the individuals participation in or refusal to participate in recommending, performing, or assisting in an abortion procedure. For the purposes of this chapter, abortion means the termination of a human pregnancy with the intent other than to produce a live birth or to remove a dead fetus. Abortion does not include medical care which has as its primary purpose the treatment of a serious physical condition requiring emergency medical treatment necessary to save the life of a mother.  [C77, 79, 81, 146.1]  Referred to in 146D.1, 707.8A 
146.2 Liability of hospitals refusing to perform abortions.   A hospital, which is not controlled, maintained and supported by a public authority, shall not be required to permit the performance of an abortion. The refusal to permit such procedures shall not be grounds for civil liability to any person nor a basis for any disciplinary or other recriminatory action against the hospital.  [C77, 79, 81, 146.2] 
146A.1 Prerequisites for abortion  licensee discipline.   1. A physician performing an abortion shall obtain written certification from the pregnant woman of all of the following at least twenty-four hours prior to performing an abortion:   a. That the woman has undergone an ultrasound imaging of the unborn child that displays the approximate age of the unborn child.   b. That the woman was given the opportunity to see the unborn child by viewing the ultrasound image of the unborn child.   c. That the woman was given the option of hearing a description of the unborn child based on the ultrasound image and hearing the heartbeat of the unborn child.   d. (1) That the woman has been provided information regarding all of the following, based upon the materials developed by the department of public health pursuant to subparagraph (2):   (a) The options relative to a pregnancy, including continuing the pregnancy to term and retaining parental rights following the childs birth, continuing the pregnancy to term and placing the child for adoption, and terminating the pregnancy.   (b) The indicators, contra-indicators, and risk factors including any physical, psychological, or situational factors related to the abortion in light of the womans medical history and medical condition.   (2) The department of public health shall make available to physicians, upon request, all of the following information:   (a) Geographically indexed materials designed to inform the woman about public and private agencies and services available to assist a woman through pregnancy, at the time of childbirth, and while the child is dependent. The materials shall include a comprehensive list of the agencies available, categorized by the type of services offered, and a description of the manner by which the agency may be contacted.   (b) Materials that encourage consideration of placement for adoption. The materials shall inform the woman of the benefits of adoption, including the requirements of confidentiality in the adoption process, the importance of adoption to individuals and society, and the states interest in promoting adoption by preferring adoption over abortion.   (c) Materials that contain objective information describing the methods of abortion procedures commonly used, the medical risks commonly associated with each such procedure, and the possible detrimental physical and psychological effects of abortion.   2. Compliance with the prerequisites of this section shall not apply to an abortion performed in a medical emergency.   3. A physician who violates this section is subject to licensee discipline pursuant to section 148.6.   4. This section shall not be construed to impose civil or criminal liability on a woman upon whom an abortion is performed, or to prohibit the sale, use, prescription, or administration of a measure, drug, or chemical designed for the purposes of contraception.   5. The board of medicine shall adopt rules pursuant to chapter 17A to administer this section.   6. As used in this section:   a. Medical emergency means a situation in which an abortion is performed to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy, but not including psychological conditions, emotional conditions, familial conditions, or the womans age; or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.   b. Unborn child means an individual organism of the species homo sapiens from fertilization to live birth.  2015 Acts, ch 137, 75, 162, 163; 2017 Acts, ch 108, 1, 7; 2018 Acts, ch 1132, 2; 2020 Acts, ch 1110, 2  Referred to in 146C.1  Legislative intent;  2017 Acts, ch 108, 5 
146B.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Abortion means the termination of a human pregnancy with the intent other than to produce a live birth or to remove a dead fetus.   2. Attempt to perform an abortion means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performing of an abortion.   3. Department means the department of public health.   4. Fertilization means the fusion of a human spermatozoon with a human ovum.   5. Major bodily function includes but is not limited to functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.   6. Medical emergency means a situation in which an abortion is performed to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.   7. Medical facility means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physicians office, infirmary, dispensary, ambulatory surgical center, or other institution or location where medical care is provided to any person.   8. Perform, performed, or performing, relative to an abortion, means the use of any means, including medical or surgical, to terminate the pregnancy of a woman known to be pregnant with the intent other than to produce a live birth or to remove a dead fetus.   9. Physician means a person licensed under chapter 148.   10. Postfertilization age means the age of the unborn child as calculated from fertilization.   11. Probable postfertilization age means what, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is to be performed.   12. Reasonable medical judgment means a medical judgment made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.   13. Unborn child means an individual organism of the species homo sapiens from fertilization until live birth.  2017 Acts, ch 108, 2, 7  Referred to in 146C.2 
146B.2 Determination of postfertilization age  certain abortions prohibited  exceptions  reporting requirements  penalties.   1. Except in the case of a medical emergency, in addition to compliance with the prerequisites of chapter 146A, an abortion shall not be performed or be attempted to be performed unless the physician performing the abortion has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, a physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests the physician considers necessary in making a reasonable medical judgment to accurately determine the postfertilization age of the unborn child.   2. a. A physician shall not perform or attempt to perform an abortion upon a pregnant woman when it has been determined, by the physician performing the abortion or by another physician upon whose determination that physician relies, that the probable postfertilization age of the unborn child is twenty or more weeks unless, in the physicians reasonable medical judgment, any of the following applies:   (1) The pregnant woman has a condition which the physician deems a medical emergency.   (2) The abortion is necessary to preserve the life of an unborn child.   b. If an abortion is performed under this subsection, the physician shall terminate the human pregnancy in the manner which, in the physicians reasonable medical judgment, provides the best opportunity for an unborn child to survive, unless, in the physicians reasonable medical judgment, termination of the human pregnancy in that manner would pose a greater risk than any other available method of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function. A greater risk shall not be deemed to exist if it is based on a claim or diagnosis that the pregnant woman will engage in conduct which would result in the pregnant womans death or in substantial and irreversible physical impairment of a major bodily function.   3. A physician who performs or attempts to perform an abortion shall report to the department, on a schedule and in accordance with forms and rules adopted by the department, all of the following:   a. If a determination of probable postfertilization age of the unborn child was made, the probable postfertilization age determined and the method and basis of the determination.   b. If a determination of probable postfertilization age of the unborn child was not made, the basis of the determination that a medical emergency existed.   c. If the probable postfertilization age of the unborn child was determined to be twenty or more weeks, the basis of the determination of a medical emergency, or the basis of the determination that the abortion was necessary to preserve the life of an unborn child.   d. The method used for the abortion and, in the case of an abortion performed when the probable postfertilization age was determined to be twenty or more weeks, whether the method of abortion used was one that, in the physicians reasonable medical judgment, provided the best opportunity for an unborn child to survive or, if such a method was not used, the basis of the determination that termination of the human pregnancy in that manner would pose a greater risk than would any other available method of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function.   4. a. By June 30, annually, the department shall issue a public report providing statistics for the previous calendar year, compiled from the reports for that year submitted in accordance with subsection 3. The department shall ensure that none of the information included in the public reports could reasonably lead to the identification of any woman upon whom an abortion was performed.   b. (1) A physician who fails to submit a report by the end of thirty days following the due date shall be subject to a late fee of five hundred dollars for each additional thirty-day period or portion of a thirty-day period the report is overdue.   (2) A physician required to report in accordance with subsection 3 who has not submitted a report or who has submitted only an incomplete report more than one year following the due date, may, in an action brought in the manner in which actions are brought to enforce chapter 148, be directed by a court of competent jurisdiction to submit a complete report within a time period stated by court order or be subject to contempt of court.   (3) A physician who intentionally or recklessly falsifies a report required under this section is subject to a civil penalty of one hundred dollars.   5. Any medical facility in which a physician is authorized to perform an abortion shall implement written medical policies and procedures consistent with the requirements and prohibitions of this chapter.   6. The department shall adopt rules to implement this section.  2017 Acts, ch 108, 3, 7  Referred to in 146B.3 
146B.3 Civil actions and penalties.   1. Failure of a physician to comply with any provision of section 146B.2, with the exception of the late filing of a report or failure to submit a complete report in compliance with a court order, is grounds for licensee discipline under chapter 148.   2. A woman upon whom an abortion has been performed in violation of this chapter may maintain an action against the physician who performed the abortion in intentional or reckless violation of this chapter for actual damages.   3. A woman upon whom an abortion has been attempted in violation of this chapter may maintain an action against the physician who attempted the abortion in intentional or reckless violation of this chapter for actual damages.   4. A cause of action for injunctive relief to prevent a physician from performing abortions may be maintained against a physician who has intentionally violated this chapter by the woman upon whom the abortion was performed or attempted, by a parent or guardian of the woman if the woman is less than eighteen years of age at the time the abortion was performed or attempted, by a current or former licensed health care provider of the woman, by a county attorney with appropriate jurisdiction, or by the attorney general.   5. If the plaintiff prevails in an action brought under this section, the plaintiff shall be entitled to an award for reasonable attorney fees.   6. If the defendant prevails in an action brought under this section and the court finds that the plaintiffs suit was frivolous and brought in bad faith, the defendant shall be entitled to an award for reasonable attorney fees.   7. Damages and attorney fees shall not be assessed against the woman upon whom an abortion was performed or attempted except as provided in subsection 6.   8. In a civil proceeding or action brought under this chapter, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted shall be preserved from public disclosure if the woman does not provide consent to such disclosure. The court, upon motion or on its own motion, shall make such a ruling and, upon determining that the womans anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the womans identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under this section shall do so under a pseudonym. This subsection shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.   9. This chapter shall not be construed to impose civil or criminal liability on a woman upon whom an abortion is performed or attempted.  2017 Acts, ch 108, 4, 7 
146C.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Abortion means the termination of a human pregnancy with the intent other than to produce a live birth or to remove a dead fetus.   2. Fetal heartbeat means cardiac activity, the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.   3. Medical emergency means the same as defined in section 146A.1.   4. Medically necessary means any of the following:   a. The pregnancy is the result of a rape which is reported within forty-five days of the incident to a law enforcement agency or to a public or private health agency which may include a family physician.   b. The pregnancy is the result of incest which is reported within one hundred forty days of the incident to a law enforcement agency or to a public or private health agency which may include a family physician.   c. Any spontaneous abortion, commonly known as a miscarriage, if not all of the products of conception are expelled.   d. The attending physician certifies that the fetus has a fetal abnormality that in the physicians reasonable medical judgment is incompatible with life.   5. Physician means a person licensed under chapter 148.   6. Reasonable medical judgment means a medical judgment made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.   7. Unborn child means the same as defined in section 146A.1.  2018 Acts, ch 1132, 3 
146C.2 Abortion prohibited  detectable fetal heartbeat.   1. Except in the case of a medical emergency or when the abortion is medically necessary, a physician shall not perform an abortion unless the physician has first complied with the prerequisites of chapter 146A and has tested the pregnant woman as specified in this subsection, to determine if a fetal heartbeat is detectable.   a. In testing for a detectable fetal heartbeat, the physician shall perform an abdominal ultrasound, necessary to detect a fetal heartbeat according to standard medical practice and including the use of medical devices, as determined by standard medical practice and specified by rule of the board of medicine.   b. Following the testing of the pregnant woman for a detectable fetal heartbeat, the physician shall inform the pregnant woman, in writing, of all of the following:   (1) Whether a fetal heartbeat was detected.   (2) That if a fetal heartbeat was detected, an abortion is prohibited.   c. Upon receipt of the written information, the pregnant woman shall sign a form acknowledging that the pregnant woman has received the information as required under this subsection.   2. a. A physician shall not perform an abortion upon a pregnant woman when it has been determined that the unborn child has a detectable fetal heartbeat, unless, in the physicians reasonable medical judgment, a medical emergency exists, or when the abortion is medically necessary.   b. Notwithstanding paragraph a, if a physician determines that the probable postfertilization age, as defined in section 146B.1, of the unborn child is twenty or more weeks, the physician shall not perform an abortion upon a pregnant woman when it has been determined that the unborn child has a detectable fetal heartbeat, unless in the physicians reasonable medical judgment the pregnant woman has a condition which the physician deems a medical emergency, as defined in section 146B.1, or the abortion is necessary to preserve the life of an unborn child.   3. A physician shall retain in the womans medical record all of the following:   a. Documentation of the testing for a fetal heartbeat as specified in subsection 1 and the results of the fetal heartbeat test.   b. The pregnant womans signed form acknowledging that the pregnant woman received the information as required under subsection 1.   4. This section shall not be construed to impose civil or criminal liability on a woman upon whom an abortion is performed in violation of this section.   5. The board of medicine shall adopt rules pursuant to chapter 17A to administer this section.  2018 Acts, ch 1132, 4 
146D.1 Fetal body parts  actions prohibited  penalties.   1. A person shall not knowingly acquire, provide, receive, otherwise transfer, or use a fetal body part in this state, regardless of whether the acquisition, provision, receipt, transfer, or use is for valuable consideration.   2. Subsection 1 shall not apply to any of the following:   a. Diagnostic or remedial tests, procedures, or observations which have the sole purpose of determining the life or health of the fetus in order to provide that information to the pregnant woman or to preserve the life or health of the fetus or pregnant woman.   b. The actions of a person taken in furtherance of the final disposition of a fetal body part.   c. The pathological study of body tissue, including genetic testing, for diagnostic or forensic purposes.   d. A fetal body part if the fetal body part results from a spontaneous termination of pregnancy or stillbirth and is willingly donated for the purpose of medical research.   3. A person who violates this section is guilty of a class C felony.   4. For the purposes of this section:   a. Abortion means as defined in section 146.1.   b. Fetal body part means a cell, tissue, organ, or other part of a fetus that is terminated by an abortion. Fetal body part does not include any of the following:   (1) Cultured cells or cell lines derived from a spontaneous termination of pregnancy or stillbirth and willingly donated for the purposes of medical research.   (2) A cell, tissue, organ, or other part of a fetus that is terminated by an abortion that occurred prior to July 1, 2018.   (3) All cells and tissues external to the fetal body proper.   c. Final disposition means the disposition of fetal body parts by burial, interment, entombment, cremation, or incineration.   d. Valuable consideration means any payment including but not limited to payment associated with the transportation, processing, preservation, quality control, or storage of fetal body parts.  2018 Acts, ch 1132, 1 
147.1 Definitions.   For the purpose of this subtitle:   1. Board means one of the boards enumerated in section 147.13 or any other board established in this subtitle whose members are appointed by the governor to license applicants and impose licensee discipline as authorized by law.   2. Department means the department of public health.   3. Licensed or certified, when applied to a physician and surgeon, podiatric physician, osteopathic physician and surgeon, genetic counselor, physician assistant, psychologist, chiropractor, nurse, dentist, dental hygienist, dental assistant, optometrist, speech pathologist, audiologist, pharmacist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, orthotist, prosthetist, pedorthist, respiratory care practitioner, practitioner of cosmetology arts and sciences, practitioner of barbering, funeral director, dietitian, behavior analyst, assistant behavior analyst, marital and family therapist, mental health counselor, respiratory care and polysomnography practitioner, polysomnographic technologist, social worker, massage therapist, athletic trainer, acupuncturist, nursing home administrator, hearing aid specialist, or sign language interpreter or transliterator means a person licensed under this subtitle.   4. Peer review means evaluation of professional services rendered by a person licensed to practice a profession.   5. Peer review committee means one or more persons acting in a peer review capacity who also serve as an officer, director, trustee, agent, or member of any of the following:   a. A state or local professional society of a profession for which there is peer review.   b. Any organization approved to conduct peer review by a society as designated in paragraph a of this subsection.   c. The medical staff of any licensed hospital.   d. A board enumerated in section 147.13 or any other board established in this subtitle which is appointed by the governor to license applicants and impose licensee discipline as authorized by law.   e. The board of trustees of a licensed hospital when performing a function relating to the reporting required by section 147.135, subsection 3.   f. A health care entity, including but not limited to a group medical practice, that provides health care services and follows a formal peer review process for the purpose of furthering quality health care.   6. Profession means medicine and surgery, podiatry, osteopathic medicine and surgery, genetic counseling, practice as a physician assistant, psychology, chiropractic, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, pharmacy, physical therapy, physical therapist assisting, occupational therapy, occupational therapy assisting, respiratory care, cosmetology arts and sciences, barbering, mortuary science, applied behavior analysis, marital and family therapy, mental health counseling, polysomnography, social work, dietetics, massage therapy, athletic training, acupuncture, nursing home administration, practice as a hearing aid specialist, sign language interpreting or transliterating, orthotics, prosthetics, or pedorthics.  [C24, 27, 31, 35, 39, 2438; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.1]  84 Acts, ch 1075, 6; 85 Acts, ch 168, 1; 86 Acts, ch 1211, 13; 87 Acts, ch 91, 6; 88 Acts, ch 1225, 2; 89 Acts, ch 89, 4, 5; 91 Acts, ch 229, 1; 92 Acts, ch 1205, 13; 94 Acts, ch 1132, 10; 95 Acts, ch 41, 8; 95 Acts, ch 108, 3; 96 Acts, ch 1036, 3, 4; 96 Acts, ch 1109, 1; 96 Acts, ch 1219, 20; 98 Acts, ch 1053, 2, 3; 2000 Acts, ch 1053, 1; 2000 Acts, ch 1148, 1; 2004 Acts, ch 1175, 419, 420, 433; 2007 Acts, ch 10, 26, 27; 2008 Acts, ch 1088, 1; 2012 Acts, ch 1101, 1; 2015 Acts, ch 30, 60; 2015 Acts, ch 57, 1; 2015 Acts, ch 70, 2; 2018 Acts, ch 1052, 1, 12; 2018 Acts, ch 1106, 2, 14  Referred to in 148F.4 
147.10 Renewal.   1. Every license to practice a profession shall expire in multiyear intervals and be renewed as determined by the board upon application by the licensee. Each board shall establish rules for license renewal and concomitant fees. Application for renewal shall be made to the board accompanied by the required fee at least thirty days prior to the expiration of such license.   2. Each board may by rule establish a grace period following expiration of a license in which the license is not invalidated. Each board may assess a reasonable penalty for renewal of a license during the grace period. Failure of a licensee to renew a license within the grace period shall cause the license to become inactive or lapsed. A licensee whose license is inactive or lapsed shall not engage in the practice of the profession until the license is reactivated or reinstated.  [C97, 2590; S13, 2575-a39, 2589-d; C24, 27, 31, 2447; C35, 2447, 2573-g2  2573-g4; C39, 2447, 2573.02  2573.04; C46, 50, 54, 58, 62, 66, 147.10, 153.11  153.12; C71, 73, 147.10, 153.9, 153.10; C75, 77, 79, 81, 147.10]  2002 Acts, ch 1108, 12; 2008 Acts, ch 1088, 9  Referred to in 147.11, 148.6 
147.100 Repealed by  2008 Acts, ch 1088, 79  . 
147.102 Psychologists, chiropractors, and dentists. Repealed by  2008 Acts, ch 1088, 79  . 
147.103 Investigators for physician assistants. Repealed by  2008 Acts, ch 1088, 79  . 
147.103A Physicians and surgeons, osteopaths, and osteopathic physicians and surgeons. Repealed by  2008 Acts, ch 1088, 79  . 
147.104 Records. Repealed by  2008 Acts, ch 1088, 78  . 
147.106 Anatomic pathology services  billing.   1. A physician or a clinical laboratory located in this state or in another state that provides anatomic pathology services to a patient in this state shall present or cause to be presented a claim, bill, or demand for payment for such services only to the following persons:   a. The patient who is the recipient of the services.   b. The insurer or other third-party payor responsible for payment of the services.   c. The hospital that ordered the services.   d. The public health clinic or nonprofit clinic that ordered the services.   e. The referring clinical laboratory, other than the laboratory of a physicians office or group practice, that ordered the services. A laboratory of a physicians office or group practice that ordered the services may be presented a claim, bill, or demand for payment if a physician in the physicians office or group practice is performing the professional component of the anatomic pathology services.   f. A governmental agency or a specified public or private agent, agency, or organization that is responsible for payment of the services on behalf of the recipient of the services.   2. Except as provided under subsections 5 and 6, a clinical laboratory or a physician providing anatomic pathology services to patients in this state shall not, directly or indirectly, charge, bill, or otherwise solicit payment for such services unless the services were personally rendered by the clinical laboratory or the physician or under the direct supervision of the clinical laboratory or the physician in accordance with section 353 of the federal Public Health Service Act, 42 U.S.C. 263a.   3. A person to whom a claim, bill, or demand for payment for anatomic pathology services is submitted is not required to pay the claim, bill, or demand for payment if the claim, bill, or demand for payment is submitted in violation of this section.   4. This section shall not be construed to mandate the assignment of benefits for anatomic pathology services as defined in this section.   5. This section does not prohibit claims or charges presented to a referring clinical laboratory, other than a laboratory of a physicians office or group practice unless in accordance with subsection 1, paragraph e, by another clinical laboratory when samples are transferred between laboratories for the provision of anatomic pathology services.   6. This section does not prohibit claims or charges for anatomic pathology services presented on behalf of a public health clinic or nonprofit clinic that ordered the services provided that the clinic is identified on the claim or charge presented.   7. A violation of this section by a physician shall subject the physician to the disciplinary provisions of section 272C.3, subsection 2.   8. As used in this section:   a. Anatomic pathology services includes all of the following:   (1) Histopathology or surgical pathology, meaning the gross and microscopic examination and histologic processing of organ tissue performed by a physician or under the supervision of a physician.   (2) Cytopathology, meaning the examination of cells from fluids, aspirates, washings, brushings, or smears, including the Pap test examination, performed by a physician or under the supervision of a physician.   (3) Hematology, meaning the microscopic evaluation of bone marrow aspirates and biopsies performed by a physician or under the supervision of a physician, and the examination of peripheral blood smears performed by a physician or under the supervision of a physician upon the request of an attending or treating physician or technologist that a blood smear be reviewed by a physician.   (4) Subcellular pathology and molecular pathology services performed by a physician or under the supervision of a physician.   (5) Bloodbanking services performed by a physician or under the supervision of a physician.   b. Physician means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state or in another state.  2005 Acts, ch 10, 1; 2005 Acts, ch 179, 120; 2006 Acts, ch 1185, 73, 74; 2008 Acts, ch 1088, 95 
147.107 Drug dispensing, supplying, and prescribing  limitations.   1. A person, other than a pharmacist, physician, dentist, podiatric physician, prescribing psychologist, or veterinarian who dispenses as an incident to the practice of the practitioners profession, shall not dispense prescription drugs or controlled substances.   2. a. A prescriber who dispenses prescription drugs, including but not limited to controlled substances, for human use, may delegate nonjudgmental dispensing functions to staff assistants only when verification of the accuracy and completeness of the dispensing is determined by the practitioner in the practitioners physical presence. However, the physical presence requirement does not apply when a practitioner is utilizing an automated dispensing system. When using an automated dispensing system, the practitioner shall utilize an internal quality control assurance plan that ensures accuracy for dispensing. Verification of automated dispensing accuracy and completeness remains the responsibility of the practitioner and shall be determined in accordance with rules adopted by the board of medicine, the dental board, the board of podiatry, and the board of psychology for their respective licensees.   b. A prescriber who dispenses prescription drugs, other than drug samples, pursuant to this subsection, shall report the fact that they dispense prescription drugs with the practitioners respective board at least biennially.   c. A prescriber who dispenses prescription drugs, other than drug samples, pursuant to this subsection, shall provide the patient with a prescription, if requested, that may be dispensed from a pharmacy of the patients choice or offer to transmit the prescription orally, electronically, or by facsimile in accordance with section 155A.27 to a pharmacy of the patients choice.   d. A pharmacist who dispenses prescription drugs, including but not limited to controlled substances, for human use, may delegate nonjudgmental dispensing functions only when verification of the accuracy and completeness of the dispensing is determined by the pharmacist in the pharmacists physical presence. The pharmacists verification of the accuracy of the prescription drug dispensed shall not be required when verified by a certified pharmacy technician in a technician product verification program as defined in section 155A.3. The pharmacists physical presence shall not be required when the pharmacist is remotely supervising pharmacy personnel operating in a licensed telepharmacy site or when utilizing an automated dispensing system that utilizes an internal quality control assurance plan. When utilizing a technician product verification program, or when remotely supervising pharmacy personnel operating at a licensed telepharmacy site, the pharmacist shall utilize an internal quality control assurance plan, in accordance with rules adopted by the board of pharmacy, that ensures accuracy for dispensing. Automated dispensing verification, technician product verification, and telepharmacy practice accuracy and completeness remains the responsibility of the pharmacist and shall be determined in accordance with rules adopted by the board of pharmacy.   3. A registered nurse may supply, when pharmacist services are not reasonably available or when it is in the best interests of the patient, on the direct order of the supervising physician, a quantity of properly packaged and labeled prescription drugs, controlled substances, or contraceptive devices necessary to complete a course of therapy. However, a remote clinic, staffed by a registered nurse, where pharmacy services are not reasonably available, shall secure the regular advice and consultation of a pharmacist regarding the distribution, storage, and appropriate use of such drugs, substances, and devices.   4. A physician assistant may prescribe, dispense, order, administer, or procure prescription drugs, controlled substances, or medical devices necessary to complete a course of therapy pursuant to section 148C.4.   5. Notwithstanding subsection 1 and any other provision of this section to the contrary, a physician may delegate the function of prescribing drugs, controlled substances, and medical devices for which the supervising physician has sufficient training or experience to a physician assistant licensed pursuant to chapter 148C after the supervising physician determines the physician assistants proficiency and competence. Rules relating to the authority of physician assistants to prescribe drugs, controlled substances, and medical devices pursuant to this subsection shall be adopted by the board of physician assistants, after consultation with the board of medicine and the board of pharmacy.   6. Health care providers shall consider the instructions of the physician assistant to be instructions of the supervising physician if the instructions concern duties delegated to the physician assistant by a supervising physician.   7. Notwithstanding subsection 1, a family planning clinic may dispense birth control drugs and devices upon the order of a physician. Subsections 2 and 3 do not apply to a family planning clinic under this subsection.   8. Notwithstanding subsection 1, but subject to the limitations contained in subsections 2 and 3, a registered nurse who is licensed as an advanced registered nurse practitioner may prescribe substances or devices, including controlled substances or devices, if the nurse is engaged in the practice of a nursing specialty regulated under rules adopted by the board of nursing in consultation with the board of medicine and the board of pharmacy.   9. Notwithstanding section 147.86, a person, including a pharmacist, who violates this section is guilty of a simple misdemeanor.  84 Acts, ch 1006, 1; 88 Acts, ch 1232, 1; 91 Acts, ch 238, 1; 91 Acts, ch 239, 1; 92 Acts, ch 1163, 37; 92 Acts, ch 1183, 10; 94 Acts, ch 1134, 1; 95 Acts, ch 108, 5; 2002 Acts, ch 1108, 13; 2003 Acts, ch 93, 3, 14; 2003 Acts, ch 108, 39; 2004 Acts, ch 1036, 8; 2004 Acts, ch 1101, 22; 2006 Acts, ch 1094, 1; 2007 Acts, ch 10, 78; 2007 Acts, ch 218, 202; 2008 Acts, ch 1016, 1; 2008 Acts, ch 1088, 43; 2015 Acts, ch 56, 3; 2016 Acts, ch 1093, 1; 2016 Acts, ch 1112, 3; 2018 Acts, ch 1142, 1; 2020 Acts, ch 1020, 1, 12; 2021 Acts, ch 68, 1  Referred to in 148G.1, 152B.1, 154.1, 155A.2, 155A.4, 155A.47  Subsection 2, paragraph d amended 
147.108 Contact lens prescribing and dispensing.   1. A person shall not dispense or adapt contact lenses without first receiving authorization to do so by a written, electronic, or facsimile prescription, except when authorized orally under subsection 2, from a person licensed under chapter 148 or 154. The board of optometry shall adopt rules relating to electronic or facsimile transmission of a prescription under this section.   2. After contact lenses have been adequately adapted and the patient released from initial follow-up care by a person licensed under chapter 148 or 154, the patient may request a copy, at no cost, of the contact lens prescription from that licensed person. A person licensed under chapter 148 or 154 shall not withhold a contact lens prescription after the requirements of this section have been met. The prescription, at the option of the prescriber, may be given orally only to a person who is actively practicing and licensed under chapter 148, 154, or 155A. The contact lens prescription shall contain an expiration date, at the discretion of the prescriber, but not to exceed eighteen months. The contact lens prescription shall contain the necessary requirements of the ophthalmic lens, and the prescription validation requirements as defined by rules adopted pursuant to this section. The prescription may contain adapting and material guidelines and may also contain specific instructions for use by the patient. For the purpose of this section, ophthalmic lens means one which has been fabricated to fill the requirements of a particular contact lens prescription, including pharmaceutical-delivering contact lenses as defined in section 154.1, subsection 3.   3. A person who fills a contact lens prescription shall maintain a file of a valid prescription for a period of two years.   4. Notwithstanding section 147.86, a person who violates this section is guilty of a simple misdemeanor for a first violation. Subsequent violations are governed by section 147.86.  94 Acts, ch 1098, 1; 2004 Acts, ch 1036, 9; 2007 Acts, ch 10, 79; 2008 Acts, ch 1088, 96; 2010 Acts, ch 1010, 1; 2012 Acts, ch 1004, 1 
147.109 Ophthalmic spectacle lens prescribing and dispensing.   1. A person shall not dispense or adapt an ophthalmic spectacle lens or lenses without first receiving authorization to do so by a written, electronic, or facsimile prescription from a person licensed under chapter 148 or 154. For the purpose of this section, ophthalmic spectacle lens means one which has been fabricated to fill the requirements of a particular spectacle lens prescription. The board of optometry shall adopt rules relating to electronic or facsimile transmission of a prescription under this section.   2. Upon completion of an eye examination, a person licensed under chapter 148 or 154 shall furnish the patient a copy of their ophthalmic spectacle lens prescription at no cost. The ophthalmic spectacle lens prescription shall contain an expiration date. The ophthalmic spectacle lens prescription shall contain the requirements of the ophthalmic spectacle lens and the prescription validation requirements as defined by rules adopted pursuant to this section. The prescription, at the option of the prescriber, may contain adapting and material guidelines and may also contain specific instructions for use by the patient.   3. Upon request of a patient, a person licensed under chapter 148 or 154 shall provide the prescription of the patient, if the prescription has not expired, at no cost to another person licensed under chapter 148 or 154. The person licensed under chapter 148 or 154 shall accept the prescription and shall not require the patient to undergo an eye examination unless, due to observation or patient history, the licensee has reason to require an examination.   4. A dispenser shall maintain a file of a valid prescription for a period of two years.   5. Notwithstanding section 147.86, a person who violates this section is guilty of a simple misdemeanor for a first violation. Subsequent violations are governed by section 147.86.  94 Acts, ch 1098, 2; 2004 Acts, ch 1036, 10; 2007 Acts, ch 10, 80; 2008 Acts, ch 1088, 97 
147.11 Reactivation and reinstatement.   1. A licensee who allows the license to become inactive or lapsed by failing to renew the license, as provided in section 147.10, may reactivate the license upon payment of a reactivation fee and compliance with other terms established by board rule.   2. A licensee whose license has been revoked, suspended, or voluntarily surrendered must apply for and receive reinstatement of the license in accordance with board rule and must apply for and be granted reactivation of the license in accordance with board rule prior to practicing the profession.  [C24, 27, 31, 35, 39, 2448; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.11]  2007 Acts, ch 10, 30; 2008 Acts, ch 1088, 10; 2009 Acts, ch 41, 51 
147.111 Report of treatment of wounds and other injuries.   1. A person licensed under the provisions of this subtitle who administers any treatment to any person suffering a gunshot or stab wound or other serious injury, as defined in section 702.18, which appears to have been received in connection with the commission of a criminal offense, or a motor vehicle accident or crash, or to whom an application is made for treatment of any nature because of any such gunshot or stab wound or other serious injury, as defined in section 702.18, shall at once but not later than twelve hours thereafter, report that fact to the law enforcement agency within whose jurisdiction the treatment was administered or an application for treatment was made, or if ascertainable, to the law enforcement agency in whose jurisdiction the gunshot or stab wound or other serious injury occurred, stating the name of such person, the persons residence if ascertainable, and giving a brief description of the gunshot or stab wound or other serious injury.   2. A person certified under the provisions of chapter 147A who administers any treatment to any person suffering a gunshot or stab wound or other serious injury, as defined in section 702.18, which appears to have been received in connection with the commission of a criminal offense, or a motor vehicle accident or crash, or to whom an application is made for treatment of any nature because of any such gunshot or stab wound or other serious injury, may report that fact to the law enforcement agency within whose jurisdiction the treatment was administered or application for treatment was made, or if ascertainable, to the law enforcement agency in whose jurisdiction the gunshot or stab wound or other serious injury occurred, stating the name of the person, the persons residence if ascertainable, and giving a brief description of the gunshot or stab wound or other serious injury.   3. Any provision of law or rule of evidence relating to a confidential communication is suspended for communications under this section.  [C31, 35, 2537-d1; C39, 2537.7; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.111]  93 Acts, ch 100, 2; 94 Acts, ch 1132, 31; 96 Acts, ch 1036, 30; 98 Acts, ch 1053, 28; 99 Acts, ch 114, 8; 2010 Acts, ch 1127, 1  Referred to in 147.112, 331.653 
147.112 Investigation and report by law enforcement agency.   The law enforcement agency who has received any report required by this chapter and who has any reason to believe that the person injured was involved in the commission of any crime, either as perpetrator or victim, shall at once commence an investigation into the circumstances of the gunshot or stab wound or other serious injury and make a report of the investigation to the county attorney in whose jurisdiction the gunshot or stab wound or other serious injury occurred. Law enforcement personnel shall not divulge any information received under the provisions of this section and section 147.111 to any person other than a law enforcing officer, and then only in connection with the investigation of the alleged commission of a crime.  [C31, 35, 2537-d2; C39, 2537.8; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.112]  93 Acts, ch 100, 3; 99 Acts, ch 114, 9  Referred to in 331.653  Serious injury definition, see 702.18 
147.113 Violations.   Any person failing to make the report required herein shall be guilty of a simple misdemeanor.  [C31, 35, 2537-d3; C39, 2537.9; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.113] 
147.113A Report of burn injuries.   Any person licensed under the provisions of this subtitle who administers any treatment to a person suffering a burn which appears to be of a suspicious nature on the body, a burn to the upper respiratory tract, a laryngeal edema due to the inhalation of super-heated air, or a burn injury that is likely to result in death, which appears to have been received in connection with the commission of a criminal offense, or to whom an application is made for treatment of any nature because of any such burn or burn injury shall at once but not later than twelve hours after treatment was administered or application was made report the fact to law enforcement. The report shall be made to the law enforcement agency within whose jurisdiction the treatment was administered or application was made, or if ascertainable, to the law enforcement agency in whose jurisdiction the burn or burn injury occurred, stating the name of such person, the persons residence if ascertainable, and giving a brief description of the burn or burn injury. Any provision of law or rule of evidence relative to confidential communications is suspended insofar as the provisions of this section are concerned.  2003 Acts, ch 134, 1 
147.114 Prior informed consent relative to pelvic examinations  patient under anesthesia or unconscious  penalties.   1. A person licensed or certified to practice a profession, or a student undertaking a course of instruction or participating in a clinical training or residency program for a profession, shall not perform a pelvic examination on an anesthetized or unconscious patient unless one of the following conditions is met:   a. The patient or the patients authorized representative provides prior written informed consent to the pelvic examination, and the pelvic examination is necessary for preventive, diagnostic, or treatment purposes.   b. The patient or the patients authorized representative has provided prior written informed consent to a surgical procedure or diagnostic examination to be performed on the patient, and the performance of a pelvic examination is within the scope of care ordered for that surgical procedure or diagnostic examination.   c. The patient is unconscious and incapable of providing prior informed consent, and the pelvic examination is necessary for diagnostic or treatment purposes.   d. A court has ordered the performance of the pelvic examination for the purposes of collection of evidence.   2. A person who violates this section is subject to the penalty specified under section 147.86, and any professional disciplinary provisions, as applicable.  2017 Acts, ch 174, 111 
147.12 Health profession boards.   1. The governor shall appoint, subject to confirmation by the senate, a board for each of the professions. The board members shall not be required to be members of professional societies or associations composed of members of their professions.   2. If a person who has been appointed by the governor to serve on a board has ever been disciplined in a contested case by the board to which the person has been appointed, all board statements of charges, settlement agreements, findings of fact, and orders pertaining to the disciplinary action shall be made available to the senate committee to which the appointment is referred at the committees request before the full senate votes on the persons appointment.  [C97, 2576, 2584; S13, 2575-a29, -a37, 2576, 2583-a, -h, 2600-b; SS15, 2584; C24, 27, 31, 35, 39, 2449; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.12]  88 Acts, ch 1128, 2; 94 Acts, ch 1132, 15; 96 Acts, ch 1036, 10; 98 Acts, ch 1053, 8; 2007 Acts, ch 10, 31; 2008 Acts, ch 1088, 11  Referred to in 147.13, 148.2A, 155A.2A  Confirmation, see 2.32  Board of medicine alternate members, see 148.2A  Board of pharmacy alternate members, see 155A.2A 
147.13 Designation of boards.   The boards provided in section 147.12 shall be designated as follows:   1. For medicine and surgery, osteopathic medicine and surgery, acupuncture, and genetic counseling, the board of medicine.   2. For physician assistants, the board of physician assistants.   3. For psychology, the board of psychology.   4. For podiatry, the board of podiatry.   5. For chiropractic, the board of chiropractic.   6. For physical therapy and occupational therapy, the board of physical and occupational therapy.   7. For nursing, the board of nursing.   8. For dentistry, dental hygiene, and dental assisting, the dental board.   9. For optometry, the board of optometry.   10. For speech pathology and audiology, the board of speech pathology and audiology.   11. For cosmetology arts and sciences, the board of cosmetology arts and sciences.   12. For barbering, the board of barbering.   13. For pharmacy, the board of pharmacy.   14. For mortuary science, the board of mortuary science.   15. For social work, the board of social work.   16. For applied behavior analysis, marital and family therapy, and mental health counseling, the board of behavioral science.   17. For dietetics, the board of dietetics.   18. For respiratory care and polysomnography, the board of respiratory care and polysomnography.   19. For massage therapy, the board of massage therapy.   20. For athletic training, the board of athletic training.   21. For interpreting, the board of sign language interpreters and transliterators.   22. For hearing aid specialists, the board of hearing aid specialists.   23. For nursing home administration, the board of nursing home administrators.   24. For orthotics, prosthetics, and pedorthics, the board of podiatry.  [C24, 27, 31, 35, 39, 2450; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.13]  84 Acts, ch 1075, 8; 85 Acts, ch 168, 4; 88 Acts, ch 1225, 5; 91 Acts, ch 229, 2; 92 Acts, ch 1205, 14; 93 Acts, ch 86, 12; 96 Acts, ch 1036, 11; 98 Acts, ch 1053, 9; 2000 Acts, ch 1002, 1; 2004 Acts, ch 1175, 422, 433; 2006 Acts, ch 1155, 3, 15; 2007 Acts, ch 10, 32; 2007 Acts, ch 218, 197; 2008 Acts, ch 1088, 12, 141; 2009 Acts, ch 41, 52; 2012 Acts, ch 1101, 3; 2015 Acts, ch 57, 3; 2015 Acts, ch 70, 4; 2018 Acts, ch 1052, 3, 12; 2018 Acts, ch 1106, 4, 14  Referred to in 147.1, 147.82, 232.69, 235B.16, 280.13C, 422.7(27) 
147.135 Peer review committees  nonliability  records and reports privileged and confidential.   1. A person shall not be civilly liable as a result of acts, omissions, or decisions made in connection with the persons service on a peer review committee. However, such immunity from civil liability shall not apply if an act, omission, or decision is made with malice.   2. As used in this subsection, peer review records means all complaint files, investigation files, reports, and other investigative information relating to licensee discipline or professional competence in the possession of a peer review committee or an employee of a peer review committee. As used in this subsection, peer review committee does not include licensing boards. Peer review records are privileged and confidential, are not subject to discovery, subpoena, or other means of legal compulsion for release to a person other than an affected licensee or a peer review committee, and are not admissible in evidence in a judicial or administrative proceeding other than a proceeding involving licensee discipline or a proceeding brought by a licensee who is the subject of a peer review record and whose competence is at issue. A person shall not be liable as a result of filing a report or complaint with a peer review committee or providing information to such a committee, or for disclosure of privileged matter to a peer review committee. A person present at a meeting of a peer review committee shall not be permitted to testify as to the findings, recommendations, evaluations, or opinions of the peer review committee in any judicial or administrative proceeding other than a proceeding involving licensee discipline or a proceeding brought by a licensee who is the subject of a peer review committee meeting and whose competence is at issue. Information or documents discoverable from sources other than the peer review committee do not become nondiscoverable from the other sources merely because they are made available to or are in the possession of a peer review committee. However, such information relating to licensee discipline may be disclosed to an appropriate licensing authority in any jurisdiction in which the licensee is licensed or has applied for a license. If such information indicates a crime has been committed, the information shall be reported to the proper law enforcement agency. This subsection shall not preclude the discovery of the identification of witnesses or documents known to a peer review committee. Any final written decision and finding of fact by a licensing board in a disciplinary proceeding is a public record. Upon appeal by a licensee of a decision of a board, the entire case record shall be submitted to the reviewing court. In all cases where privileged and confidential information under this subsection becomes discoverable, admissible, or part of a court record the identity of an individual whose privilege has been involuntarily waived shall be withheld.   3. a. A full and confidential report concerning any final hospital disciplinary action approved by a hospital board of trustees that results in a limitation, suspension, or revocation of a physicians privilege to practice for reasons relating to the physicians professional competence or concerning any voluntary surrender or limitation of privileges for reasons relating to professional competence shall be made to the board of medicine by the hospital administrator or chief of medical staff within ten days of such action. The board of medicine shall investigate the report and take appropriate action. These reports shall be privileged and confidential as though included in and subject to the requirements for peer review committee information in subsection 2. Persons making these reports and persons participating in resulting proceedings related to these reports shall be immune from civil liability with respect to the making of the report or participation in resulting proceedings. As used in this subsection, physician means a person licensed pursuant to chapter 148.   b. Notwithstanding subsection 2, if the board of medicine conducts an investigation based on a complaint received or upon its own motion, a hospital pursuant to subpoena shall make available information and documents requested by the board, specifically including reports or descriptions of any complaints or incidents concerning an individual who is the subject of the boards investigation, even though the information and documents are also kept for, are the subject of, or are being used in peer review by the hospital. However, the deliberations, testimony, decisions, conclusions, findings, recommendations, evaluations, work product, or opinions of a peer review committee or its members and those portions of any documents or records containing or revealing information relating thereto shall not be subject to the boards request for information, subpoena, or other legal compulsion. All information and documents received by the board from a hospital under this section shall be confidential pursuant to section 272C.6, subsection 4.  [C77, 79, 81, 147.135]  86 Acts, ch 1211, 14; 90 Acts, ch 1086, 7; 2007 Acts, ch 10, 82; 2009 Acts, ch 133, 51  Referred to in 139A.22, 147.1, 147A.24 
147.136 Scope of recovery.   1. Except as otherwise provided in subsection 2, in an action for damages for personal injury against a physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, or nurse licensed to practice that profession in this state, or against a hospital licensed for operation in this state, based on the alleged negligence of the practitioner in the practice of the profession or occupation, or upon the alleged negligence of the hospital in patient care, in which liability is admitted or established, the damages awarded shall not include actual economic losses incurred or to be incurred in the future by the claimant by reason of the personal injury, including but not limited to the cost of reasonable and necessary medical care, rehabilitation services, and custodial care, and the loss of services and loss of earned income, to the extent that those losses are replaced or are indemnified by insurance, or by governmental, employment, or service benefit programs or from any other source.   2. This section shall not bar recovery of economic losses replaced or indemnified by any of the following:   a. Benefits received under the medical assistance program under chapter 249A.   b. The assets of the claimant or of the members of the claimants immediate family.  [C77, 79, 81, 147.136]  95 Acts, ch 108, 6; 2008 Acts, ch 1088, 141; 2011 Acts, ch 129, 85, 156; 2020 Acts, ch 1020, 2, 12  Referred to in 668.14, 668.14A 
147.136A Noneconomic damage awards against health care providers.   1. For purposes of this section:   a. Health care provider means a hospital as defined in section 135B.1, a health care facility as defined in section 135C.1, a health facility as defined in section 135P.1, a physician or an osteopathic physician licensed under chapter 148, a physician assistant licensed and practicing under a supervising physician under chapter 148C, a podiatrist licensed under chapter 149, a chiropractor licensed under chapter 151, a licensed practical nurse, a registered nurse, or an advanced registered nurse practitioner licensed under chapter 152 or 152E, a dentist licensed under chapter 153, an optometrist licensed under chapter 154, a pharmacist licensed under chapter 155A, a professional corporation under chapter 496C that is owned by persons licensed to practice a profession listed in this paragraph, or any other person or entity who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession.   b. Noneconomic damages means damages arising from pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering, loss of chance, loss of consortium, or any other nonpecuniary damages.   c. Occurrence means the event, incident, or happening, and the acts or omissions incident thereto, which proximately caused injuries or damages for which recovery is claimed by the patient or the patients representative.   2. The total amount recoverable in any civil action for noneconomic damages for personal injury or death, whether in tort, contract, or otherwise, against a health care provider shall be limited to two hundred fifty thousand dollars for any occurrence resulting in injury or death of a patient regardless of the number of plaintiffs, derivative claims, theories of liability, or defendants in the civil action, unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or death, which warrants a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained.   3. The limitation on damages contained in this section shall not apply as to a defendant if that defendants actions constituted actual malice.  2017 Acts, ch 107, 2, 5; 2018 Acts, ch 1041, 46  Referred to in 147.139, 147.140  Section applies to causes of action that accrue on or after July 1, 2017;  2017 Acts, ch 107, 5 
147.137 Consent in writing.   A consent in writing to any medical or surgical procedure or course of procedures in patient care which meets the requirements of this section shall create a presumption that informed consent was given. A consent in writing meets the requirements of this section if it:   1. Sets forth in general terms the nature and purpose of the procedure or procedures, together with the known risks, if any, of death, brain damage, quadriplegia, paraplegia, the loss or loss of function of any organ or limb, or disfiguring scars associated with such procedure or procedures, with the probability of each such risk if reasonably determinable.   2. Acknowledges that the disclosure of that information has been made and that all questions asked about the procedure or procedures have been answered in a satisfactory manner.   3. Is signed by the patient for whom the procedure is to be performed, or if the patient for any reason lacks legal capacity to consent, is signed by a person who has legal authority to consent on behalf of that patient in those circumstances.  [C77, 79, 81, 147.137] 
147.138 Contingent fee of attorney reviewed by court.   In any action for personal injury or wrongful death against any physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, or nurse licensed under this chapter or against any hospital licensed under chapter 135B, based upon the alleged negligence of the licensee in the practice of that profession or occupation, or upon the alleged negligence of the hospital in patient care, the court shall determine the reasonableness of any contingent fee arrangement between the plaintiff and the plaintiffs attorney.  [C77, 79, 81, 147.138]  95 Acts, ch 108, 7; 2008 Acts, ch 1088, 141; 2020 Acts, ch 1020, 3, 12 
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 
147.14 Composition of boards  quorum.   1. The board members shall consist of the following:   a. For barbering, three members licensed to practice barbering, and two members who are not licensed to practice barbering and who shall represent the general public.   b. For medicine, five members licensed to practice medicine and surgery, two members licensed to practice osteopathic medicine and surgery, and three members not licensed to practice either medicine and surgery or osteopathic medicine and surgery, and who shall represent the general public.   c. For nursing, four registered nurses, two of whom shall be actively engaged in practice, two of whom shall be nurse educators from nursing education programs; of these, one in higher education and one in area community and vocational-technical registered nurse education; one licensed practical nurse actively engaged in practice; and two members not registered nurses or licensed practical nurses and who shall represent the general public. The representatives of the general public shall not be members of health care delivery systems.   d. For dentistry, five members licensed to practice dentistry, two members licensed to practice dental hygiene, and two members not licensed to practice dentistry or dental hygiene and who shall represent the general public. The two dental hygienist board members and one dentist board member shall constitute a dental hygiene committee of the board as provided in section 153.33A.   e. For pharmacy, five members licensed to practice pharmacy, one member registered as a certified pharmacy technician as defined by the board by rule, and two members who are not licensed to practice pharmacy or registered as a certified pharmacy technician and who shall represent the general public.   f. For optometry, five members licensed to practice optometry and two members who are not licensed to practice optometry and who shall represent the general public.   g. For psychology, five members who are licensed to practice psychology and two members not licensed to practice psychology and who shall represent the general public. Of the five members who are licensed to practice psychology, one member shall be primarily engaged in graduate teaching in psychology or primarily engaged in research psychology, three members shall be persons who render services in psychology, and one member shall represent areas of applied psychology and may be affiliated with training institutions and shall devote a major part of the members time to rendering service in psychology.   h. For chiropractic, five members licensed to practice chiropractic and two members who are not licensed to practice chiropractic and who shall represent the general public.   i. For speech pathology and audiology, five members licensed to practice speech pathology or audiology at least two of whom shall be licensed to practice speech pathology and at least two of whom shall be licensed to practice audiology, and two members who are not licensed to practice speech pathology or audiology and who shall represent the general public.   j. For physical therapy and occupational therapy, three members licensed to practice physical therapy, two members licensed to practice occupational therapy, and two members who are not licensed to practice physical therapy or occupational therapy and who shall represent the general public.   k. For dietetics, one licensed dietitian representing the approved or accredited dietetic education programs, one licensed dietitian representing clinical dietetics, one licensed dietitian representing community nutrition services, and two members who are not licensed dietitians and who shall represent the general public.   l. For the board of physician assistants, five members licensed to practice as physician assistants, at least two of whom practice in counties with a population of less than fifty thousand, one member licensed to practice medicine and surgery who supervises a physician assistant, one member licensed to practice osteopathic medicine and surgery who supervises a physician assistant, and two members who are not licensed to practice either medicine and surgery or osteopathic medicine and surgery or licensed as a physician assistant and who shall represent the general public. At least one of the physician or osteopathic physician members shall be in practice in a county with a population of less than fifty thousand.   m. For behavioral science, three members licensed to practice marital and family therapy, all of whom shall be practicing marital and family therapists; three members licensed to practice mental health counseling, one of whom shall be employed in graduate teaching, training, or research in mental health counseling and two of whom shall be practicing mental health counselors; two licensed behavior analysts; one licensed assistant behavior analyst; and three members who are not licensed to practice marital and family therapy, applied behavior analysis, or mental health counseling and who shall represent the general public.   n. For cosmetology arts and sciences, a total of seven members, three who are licensed cosmetologists, one who is a licensed electrologist, esthetician, or nail technologist, one who is a licensed instructor of cosmetology arts and sciences at a public or private school and who does not own a school of cosmetology arts and sciences, and two who are not licensed in a practice of cosmetology arts and sciences and who shall represent the general public.   o. For respiratory care and polysomnography, one licensed physician with training in respiratory care, two respiratory care practitioners who have practiced respiratory care for a minimum of six years immediately preceding their appointment to the board and who are recommended by the society for respiratory care, one polysomnographic technologist who has practiced polysomnography for a minimum of six years immediately preceding appointment to the board and who is recommended by the Iowa sleep society, and one member not licensed to practice medicine, osteopathic medicine, polysomnography, or respiratory care who shall represent the general public.   p. For mortuary science, four members licensed to practice mortuary science, one member owning, operating, or employed by a crematory, and two members not licensed to practice mortuary science and not a crematory owner, operator, or employee who shall represent the general public.   q. For massage therapists, four members licensed to practice massage therapy and three members who are not licensed to practice massage therapy and who shall represent the general public.   r. For athletic trainers, three members licensed to practice athletic training, three members licensed to practice medicine and surgery, and one member not licensed to practice athletic training or medicine and surgery and who shall represent the general public.   s. For podiatry, five members licensed to practice podiatry, two members licensed to practice orthotics, prosthetics, or pedorthics, and two members who are not so licensed and who shall represent the general public.   t. For social work, a total of seven members, five who are licensed to practice social work, with at least one from each of three levels of licensure described in section 154C.3, subsection 1, and one employed in the area of childrens social work, and two who are not licensed social workers and who shall represent the general public.   u. For sign language interpreting and transliterating, four members licensed to practice interpreting and transliterating, three of whom shall be practicing interpreters and transliterators at the time of appointment to the board and at least one of whom is employed in an educational setting; and three members who are consumers of interpreting or transliterating services as defined in section 154E.1, each of whom shall be deaf or hard of hearing.   v. For hearing aid specialists, three licensed hearing aid specialists and two members who are not licensed hearing aid specialists who shall represent the general public. No more than two members of the board shall be employees of, or specialists principally for, the same hearing aid manufacturer.   w. For nursing home administrators, a total of nine members, four who are licensed nursing home administrators, one of whom is the administrator of a nonproprietary nursing home; three licensed members of any profession concerned with the care and treatment of chronically ill or elderly patients who are not nursing home administrators or nursing home owners; and two members of the general public who are not licensed under chapter 155, have no financial interest in any nursing home, and who shall represent the general public.   2. A majority of the members of a board constitutes a quorum.  [C97, 2564, 2576, 2584; S13, 2564, 2575-a29, -a30, -a37, -a38, 2576, 2583-a, -h, -i, 2600-b, -c; SS15, 2584; C24, 27, 31, 35, 39, 2451, 2452, 2475; C46, 50, 54, 58, 62, 66, 147.14, 147.15, 147.38; C71, 73, 147.14, 147.15, 147.38, 153.1; C75, 77, 79, 81, 147.14]  84 Acts, ch 1075, 9; 85 Acts, ch 168, 5; 86 Acts, ch 1003, 1; 86 Acts, ch 1022, 1; 88 Acts, ch 1134, 29; 88 Acts, ch 1225, 6, 7; 91 Acts, ch 229, 3; 92 Acts, ch 1183, 2; 92 Acts, ch 1205, 15, 16; 96 Acts, ch 1035, 2, 3, 13; 96 Acts, ch 1036, 12; 96 Acts, ch 1148, 1, 2; 98 Acts, ch 1002, 1, 2; 98 Acts, ch 1010, 1; 98 Acts, ch 1053, 10; 99 Acts, ch 19, 1; 99 Acts, ch 96, 14; 2004 Acts, ch 1175, 423, 433; 2005 Acts, ch 3, 36; 2007 Acts, ch 10, 33; 2007 Acts, ch 218, 188; 2008 Acts, ch 1032, 26; 2008 Acts, ch 1088, 13; 2009 Acts, ch 56, 2; 2009 Acts, ch 133, 47; 2010 Acts, ch 1069, 18; 2012 Acts, ch 1101, 4; 2015 Acts, ch 57, 4; 2015 Acts, ch 70, 5; 2018 Acts, ch 1106, 5, 14; 2018 Acts, ch 1141, 1; 2020 Acts, ch 1102, 6  Referred to in 148.2A, 154F.1, 155A.2A  Board of medicine alternate members, see 148.2A  Board of pharmacy alternate members, see 155A.2A 
147.140 Expert witness  certificate of merit affidavit.   1. a. In any action for personal injury or wrongful death against a health care provider based upon the alleged negligence in the practice of that profession or occupation or in patient care, which includes a cause of action for which expert testimony is necessary to establish a prima facie case, the plaintiff shall, prior to the commencement of discovery in the case and within sixty days of the defendants answer, serve upon the defendant a certificate of merit affidavit signed by an expert witness with respect to the issue of standard of care and an alleged breach of the standard of care. The expert witness must meet the qualifying standards of section 147.139.   b. A certificate of merit affidavit must be signed by the expert witness and certify the purpose for calling the expert witness by providing under the oath of the expert witness all of the following:   (1) The expert witnesss statement of familiarity with the applicable standard of care.   (2) The expert witnesss statement that the standard of care was breached by the health care provider named in the petition.   c. A plaintiff shall serve a separate certificate of merit affidavit on each defendant named in the petition.   2. An expert witnesss certificate of merit affidavit does not preclude additional discovery and supplementation of the expert witnesss opinions in accordance with the rules of civil procedure.   3. The parties shall comply with the requirements of section 668.11 and all other applicable law governing certification and disclosure of expert witnesses.   4. The parties by agreement or the court for good cause shown and in response to a motion filed prior to the expiration of the time limits specified in subsection 1 may provide for extensions of the time limits. Good cause shall include but not be limited to the inability to timely obtain the plaintiffs medical records from health care providers when requested prior to filing the petition.   5. If the plaintiff is acting pro se, the plaintiff shall have the expert witness sign the certificate of merit affidavit or answers to interrogatories referred to in this section and the plaintiff shall be bound by those provisions as if represented by an attorney.   6. Failure to substantially comply with subsection 1 shall result, upon motion, in dismissal with prejudice of each cause of action as to which expert witness testimony is necessary to establish a prima facie case.   7. For purposes of this section, health care provider means the same as defined in section 147.136A.  2017 Acts, ch 107, 4, 5  Section applies to causes of action that accrue on or after July 1, 2017;  2017 Acts, ch 107, 5 
147.151 Repealed by  2008 Acts, ch 1088, 79  . See 154F.1, 154F.2. 
147.152 Repealed by  2008 Acts, ch 1088, 79  . See 154F.1, 154F.2. 
147.153 Repealed by  2008 Acts, ch 1088, 78  . See 154F.3 through 154F.6. 
147.154 Repealed by  2008 Acts, ch 1088, 78  . See 154F.3 through 154F.6. 
147.155 Repealed by  2008 Acts, ch 1088, 78  . See 154F.3 through 154F.6. 
147.156 Repealed by  2008 Acts, ch 1088, 78  . See 154F.3 through 154F.6. 
147.16 Board members.   1. Each licensed board member shall be actively engaged in the practice or the instruction of the board members profession and shall have been so engaged for a period of five years just preceding the board members appointment, the last two of which shall be in this state.   2. However, each licensed physician assistant member of the board of physician assistants shall be actively engaged in practice as a physician assistant and shall have been so engaged for a period of three years just preceding the members appointment, the last year of which shall be in this state.  [C97, 2584; S13, 2583-a, -h, 2600-b; SS15, 2584; C24, 27, 31, 35, 39, 2453; C46, 50, 54, 58, 62, 66, 147.16; C71, 73, 147.16, 153.1; C75, 77, 79, 81, 147.16; 81 Acts, ch 65, 1]  88 Acts, ch 1225, 8; 2007 Acts, ch 10, 34 
147.161 Repealed by 95 Acts, ch 41, 27. See chapter 147A. 
147.162 Rules and directives relating to opioids.   1. Any board created under this chapter that licenses a prescribing practitioner shall adopt rules under chapter 17A establishing penalties for prescribing practitioners that prescribe opioids in dosage amounts exceeding what would be prescribed by a reasonably prudent prescribing practitioner engaged in the same practice.   2. For the purposes of this section, prescribing practitioner means a licensed health care professional with the authority to prescribe prescription drugs including opioids.  2018 Acts, ch 1138, 21 
147.18 Disqualifications. Repealed by  2008 Acts, ch 1088, 79  . 
147.19 Terms of office.   The board members shall serve three-year terms, which shall commence and end as provided by section 69.19. Any vacancy in the membership of a board shall be filled by appointment of the governor subject to senate confirmation. A member shall serve no more than nine years in total on the same board.  [C97, 2564, 2576, 2584; S13, 2564, 2575-a29, -a37, 2576, 2583-a, -h, 2600-b; SS15, 2584; C24, 27, 31, 35, 39, 2456, 2458; C46, 50, 54, 58, 62, 66, 147.19, 147.21; C71, 73, 147.19, 147.21, 153.1; C75, 77, 79, 81, 147.19]  2007 Acts, ch 10, 36; 2008 Acts, ch 1088, 14  Referred to in 148.2A, 155A.2A  Confirmation, see 2.32  Board of medicine alternate members, see 148.2A  Board of pharmacy alternate members, see 155A.2A 
147.2 License required.   1. A person shall not engage in the practice of medicine and surgery, podiatry, osteopathic medicine and surgery, genetic counseling, psychology, chiropractic, physical therapy, physical therapist assisting, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, occupational therapy, occupational therapy assisting, orthotics, prosthetics, pedorthics, respiratory care, pharmacy, cosmetology arts and sciences, barbering, social work, dietetics, applied behavior analysis, marital and family therapy or mental health counseling, massage therapy, mortuary science, polysomnography, athletic training, acupuncture, nursing home administration, or sign language interpreting or transliterating, or shall not practice as a physician assistant or a hearing aid specialist, unless the person has obtained a license for that purpose from the board for the profession.   2. For purposes of this section, a person who is licensed in another state and recognized for licensure in this state pursuant to the nurse licensure compact contained in section 152E.1 or pursuant to the advanced practice registered nurse compact contained in section 152E.3 shall be considered to have obtained a license to practice nursing.  [C97, 2582, 2588; S13, 2575-a28, -a31, -a36, 2582, 2583-a, -d, -r, 2600-o4; SS15, 2588; C24, 27, 31, 35, 39, 2439; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.2]  85 Acts, ch 168, 2; 88 Acts, ch 1225, 3; 96 Acts, ch 1035, 1; 96 Acts, ch 1036, 5; 98 Acts, ch 1050, 1, 5; 2000 Acts, ch 1008, 1; 2000 Acts, ch 1053, 2; 2000 Acts, ch 1185, 1; 2004 Acts, ch 1045, 1; 2004 Acts, ch 1175, 421, 433; 2005 Acts, ch 53, 1; 2007 Acts, ch 10, 28; 2008 Acts, ch 1009, 1, 5; 2008 Acts, ch 1088, 2; 2012 Acts, ch 1101, 2; 2015 Acts, ch 57, 2; 2015 Acts, ch 70, 3, 18; 2018 Acts, ch 1052, 2, 12; 2018 Acts, ch 1106, 3, 14  Referred to in 148.6, 148G.1, 148G.6 
147.20 Nomination of board members.   The regular state association or society for each profession may recommend the names of potential board members to the governor, but the governor shall not be bound by the recommendations.  [S13, 2583-a, -h, 2600-b; C24, 27, 31, 35, 39, 2457; C46, 50, 54, 58, 62, 66, 147.20; C71, 73, 147.20, 153.1; C75, 77, 79, 81, 147.20]  2007 Acts, ch 10, 37 
147.21 Examination information.   1. The public members of a board shall be allowed to participate in administrative, clerical, or ministerial functions incident to giving the examination, but shall not determine the content of the examination or determine the correctness of the answers.   2. A member of the board shall not disclose information relating to any of the following:   a. The contents of the examination.   b. The examination results other than final score except for information about the results of an examination which is given to the person who took the examination.   3. A member of the board who willfully communicates or seeks to communicate such information, and any person who willfully requests, obtains, or seeks to obtain such information, is guilty of a simple misdemeanor.  [C75, 77, 79, 81, 147.21]  83 Acts, ch 101, 26; 2008 Acts, ch 1088, 15  Referred to in 152.12, 157.3B 
147.22 Officers.   Each board shall annually select a chairperson and a vice chairperson from its own membership.  [C97, 2576, 2585; S13, 2576, 2583-i, 2585, 2600-c; C24, 27, 31, 35, 39, 2459; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.22]  2007 Acts, ch 10, 38; 2008 Acts, ch 1088, 16 
147.24 Compensation.   Members of a board shall receive actual expenses for their duties as a member of the board. Each member of each board shall also be eligible to receive compensation as provided in section 7E.6, within the limits of funds available.  [C97, 2574; S13, 2574, 2575-a34, -a44, 2583-a, -p, 2600-g; C24, 27, 31, 35, 39, 2461; C46, 50, 54, 58, 62, 66, 147.24; C71, 73, 147.24, 153.3; C75, 77, 79, 81, 147.24]  86 Acts, ch 1245, 1141; 2007 Acts, ch 10, 39; 2008 Acts, ch 1088, 17 
147.25 System of health personnel statistics  fee.   1. A board may establish a system to collect, maintain, and disseminate health personnel statistical data regarding board licensees, including but not limited to number of licensees, employment status, location of practice or place of employment, areas of professional specialization and ages of licensees, and other pertinent information bearing on the availability of trained and licensed personnel to provide services in this state.   2. In addition to any other fee provided by law, a fee may be set by the respective boards for each license and renewal of a license to practice a profession, which fee shall be based on the annual cost of collecting information for use by the board in the administration of the system of health personnel statistics established by this section. The fee shall be retained by the respective board in the manner in which license and renewal fees are retained in section 147.82.  [C75, 77, 79, 81, 147.25]  84 Acts, ch 1075, 10; 85 Acts, ch 168, 6; 88 Acts, ch 1225, 9; 2006 Acts, ch 1155, 4, 15; 2007 Acts, ch 10, 40, 184; 2008 Acts, ch 1088, 18 
147.26 Supplies and examination quarters. Repealed by  2008 Acts, ch 1088, 79  . 
147.28 National organization.   Each board may maintain a membership in the national organization of the regulatory boards of its profession to be paid from board funds.  [C27, 31, 35, 2465-b1; C39, 2465.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.28]  2007 Acts, ch 10, 42; 2008 Acts, ch 1088, 19 
147.28A Scope of practice review committees  future repeal. Repealed by its own terms;  2005 Acts, ch 175, 84  . 
147.29 Applications. Repealed by  2008 Acts, ch 1088, 78  . 
147.3 Qualifications.   An applicant for a license to practice a profession under this subtitle is not ineligible because of age, citizenship, sex, race, religion, marital status, or national origin, although the application form may require citizenship information.  [S13, 2575-a29, -a37, 2583-a, -1, 2600-d; C24, 27, 31, 35, 39, 2440, 2567; C46, 50, 54, 58, 62, 66, 147.3, 153.3; C71, 73, 147.3, 153.5; C75, 77, 79, 81, 147.3]  84 Acts, ch 1075, 7; 85 Acts, ch 168, 3; 88 Acts, ch 1225, 4; 94 Acts, ch 1132, 11; 96 Acts, ch 1036, 6; 98 Acts, ch 1053, 4; 2008 Acts, ch 1088, 3; 2020 Acts, ch 1103, 11, 31  Referred to in 152.7 
147.30 Time and place of examinations. Repealed by  2008 Acts, ch 1088, 78  . See 147.34. 
147.33 Professional schools.   A dean of a college or university which provides instruction or training in a profession shall supply information or data related to the college or university upon request of a board.  [C24, 27, 31, 35, 39, 2470; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.33]  2007 Acts, ch 10, 44; 2008 Acts, ch 1088, 20 
147.34 Examinations.   1. Each board shall by rule prescribe the examination or examinations required for licensure for the profession and the manner in which an applicant shall complete the examination process. A board may develop and administer the examination, may designate a national, uniform, or other examination as the prescribed examination, or may contract for such services. Dentists shall pass an examination approved by a majority of the dentist members of the dental board.   2. When a board administers an examination, the board shall provide adequate public notice of the time and place of the examination to allow candidates to comply with the provisions of this subtitle. Administration of examinations, including location, frequency, and reexamination, may be determined by the board.   3. Applicants who fail the examination once shall be allowed to take the examination at the next authorized time. Thereafter, applicants shall be allowed to take the examination at the discretion of the board. An applicant who has failed an examination may request in writing information from the board concerning the examination grade and subject areas or questions which the applicant failed to answer correctly, except that if the board prescribes a national or uniform examination, the board shall only be required to provide the examination grade and such other information concerning the applicants examination results which are available to the board.  [C97, 2576, 2582, 2589, 2597; S13, 2575-a29, -a37, 2576, 2582, 2583-a, -i, -k, 2589-a, 2600-c, -d; SS15, 2589-a; C24, 27, 31, 35, 39, 2471, 2567, 2572, 2573; C46, 50, 54, 58, 62, 66, 147.34, 153.3, 153.8, 153.9; C71, 73, 147.34, 153.2, 153.6, 153.8; C75, 77, 79, 81, 147.34]  94 Acts, ch 1132, 17; 96 Acts, ch 1036, 14; 98 Acts, ch 1053, 12; 2007 Acts, ch 10, 45; 2008 Acts, ch 1088, 21  Referred to in 153.21, 155.3, 156.4 
147.35 Names of eligible candidates. Repealed by  2008 Acts, ch 1088, 79  . 
147.36 Rules.   Each board may establish rules for any of the following:   1. The qualifications required for applicants seeking to take examinations.   2. The denial of applicants seeking to take examinations.   3. The conducting of examinations.   4. The grading of examinations and passing upon the technical qualifications of applicants, as shown by such examinations.   5. The minimum scores required for passing standardized examinations.  [C97, 2584; S13, 2575-a38, 2583-a, -i, 2600-e; SS15, 2584; C24, 27, 31, 35, 39, 2473; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.36]  92 Acts, ch 1183, 3; 2007 Acts, ch 10, 47; 2008 Acts, ch 1088, 22 
147.37 Identity of candidate concealed.   The identity of the person taking an examination shall not be disclosed during the examination process and in practice the identity of the candidate shall be concealed to the extent possible.  [C97, 2576; S13, 2576, 2583-a; C24, 27, 31, 35, 39, 2474; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.37]  2007 Acts, ch 10, 48; 2008 Acts, ch 1088, 23 
147.39 Repealed by  2008 Acts, ch 1088, 79  . 
147.4 Grounds for refusing.   A board may refuse to grant a license to practice a profession to any person otherwise qualified upon any of the grounds for which a license may be revoked or suspended.  [C97, 2578; S13, 2575-a33, -a41, 2578, 2583-c; C24, 27, 31, 35, 39, 2441; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.4]  90 Acts, ch 1086, 1; 2008 Acts, ch 1088, 4  Grounds for revocation, see 147.55 
147.40 Repealed by  2008 Acts, ch 1088, 79  . 
147.41 Repealed by  2008 Acts, ch 1088, 79  . 
147.42 Repealed by  2008 Acts, ch 1088, 79  . 
147.43 Preservation of records. Repealed by  2008 Acts, ch 1088, 78  . 
147.44 Reciprocal agreements.   A board may enter into a reciprocal agreement with a licensing authority of another state for the purpose of recognizing licenses issued by the other state, provided that such licensing authority imposes licensure requirements substantially equivalent to those imposed in this state. The board may establish by rule the conditions for the recognition of such licenses and the process for licensing such individuals to practice in this state.  [C97, 2582; S13, 2582; C24, 27, 31, 35, 39, 2481; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.44]  94 Acts, ch 1132, 19; 96 Acts, ch 1036, 16; 98 Acts, ch 1053, 14; 2007 Acts, ch 10, 53; 2008 Acts, ch 1088, 24  Referred to in 148.3, 152.8, 153.36, 155.11, 157.3, 158.3 
147.45 Repealed by  2008 Acts, ch 1088, 79  . 
147.46 Repealed by  2008 Acts, ch 1088, 79  . 
147.47 Repealed by  2008 Acts, ch 1088, 79  . 
147.48 Termination of reciprocal agreements.   If the requirements for a license in any state with which this state has a reciprocal agreement are changed by any law or rule of the authorities in that state so that such requirements are no longer substantially equivalent to those existing in this state, the agreement shall be deemed terminated and licenses issued in that state shall not be recognized as a basis of granting a license in this state until a new agreement has been negotiated.  [C24, 27, 31, 35, 39, 2485; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.48]  2007 Acts, ch 10, 57; 2008 Acts, ch 1088, 25  Referred to in 152.8, 153.36, 155.11, 157.3, 158.3 
147.49 License of another state.   A board shall, upon presentation of a license to practice a profession issued by the duly constituted authority of another state with which this state has established reciprocal relations, and subject to the rules of the board for such profession, license the applicant to practice in this state, unless under the rules of the board a practical or jurisprudence examination is required. The board of medicine may accept in lieu of the examination prescribed in section 148.3 a license to practice medicine and surgery or osteopathic medicine and surgery, issued by the duly constituted authority of another state, territory, or foreign country. Endorsement may be accepted in lieu of further written examination without regard to the existence or nonexistence of a reciprocal agreement, but shall not be in lieu of the standards and qualifications prescribed by section 148.3.  [C97, 2582; S13, 2575-a30, -a39, 2582, 2583-l, 2589-b, 2600-m; C24, 27, 31, 35, 39, 2486; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.49]  2007 Acts, ch 10, 58; 2008 Acts, ch 1088, 26  Referred to in 152.8, 153.36, 155.11, 157.3, 158.3 
147.5 Certificate of license.   1. Every license to practice a profession shall be in the form of a certificate under the seal of the board. Such license shall be issued in the name of the board.   2. This section shall not apply to a person who is licensed in another state and recognized for licensure in this state pursuant to the nurse licensure compact contained in section 152E.1 or pursuant to the advanced practice registered nurse compact contained in section 152E.3.  [C97, 2576, 2577, 2591; S13, 2575-a30, -a38, 2576, 2583-k, 2600-d; C24, 27, 31, 35, 39, 2442; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.5]  2000 Acts, ch 1008, 2; 2000 Acts, ch 1140, 30; 2005 Acts, ch 53, 2; 2007 Acts, ch 10, 29; 2008 Acts, ch 1088, 5 
147.50 Practical examinations. Repealed by  2008 Acts, ch 1088, 79  . 
147.51 Repealed by  2008 Acts, ch 1088, 78  . 
147.52 Repealed by  2008 Acts, ch 1088, 78  . 
147.53 Power to adopt rules.   Each board entering into a reciprocal agreement shall adopt necessary rules, not inconsistent with law, for carrying out the reciprocal relations with other states which are authorized by this chapter.  [C24, 27, 31, 35, 39, 2490; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.53]  2007 Acts, ch 10, 60; 2008 Acts, ch 1088, 27  Referred to in 152.8, 153.36, 155.11 
147.54 Change of residence. Repealed by  2008 Acts, ch 1088, 78  . 
147.55 Grounds.   A licensees license to practice a profession shall be revoked or suspended, or the licensee otherwise disciplined by the board for that profession, when the licensee is guilty of any of the following acts or offenses:   1. Fraud in procuring a license.   2. Professional incompetence.   3. Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of a profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.   4. Habitual intoxication or addiction to the use of drugs.   5. Fraud in representations as to skill or ability.   6. Use of untruthful or improbable statements in advertisements.   7. Willful or repeated violations of the provisions of this chapter, chapter 272C, or a boards enabling statute.   8. Other acts or offenses as specified by board rule.  1. [C97, 2578; S13, 2575-a33, -a41, 2578, 2583-c, 2600-o5; C24, 27, 31, 35, 39, 2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.55(1)]  2. [C97, 2578; S13, 2578, 2583-c, -m; C24, 27, 31, 35, 39, 2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.55(2)]  3. [C97, 2578; S13, 2575-a33, -a41, 2578, 2583-m, 2600-o5; C24, 27, 31, 35, 39, 2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.55(3)]  4. [C97, 2578; S13, 2575-a41, 2578, 2583-c, -m, 2600-o5; C24, 27, 31, 35, 39, 2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.55(4)]  5. [C97, 2578; S13, 2578, 2583-c; C24, 27, 31, 35, 39, 2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.55(6)]  6. [C97, 2578; S13, 2578, 2583-c, 2600-o5; C24, 27, 31, 35, 39, 2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.55(7)]  7. [C97, 2596; S13, 2575-a33, -a41; C24, 27, 31, 35, 39, 2492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 147.55(9); C79, 81, 147.55(8)]  2008 Acts, ch 1088, 28; 2009 Acts, ch 133, 48; 2020 Acts, ch 1103, 12, 31  Referred to in 148.6, 148.7, 148A.7, 148E.8, 148H.7, 152.10, 152D.6, 153.36, 155.4, 155A.12, 156.9, 272C.3, 272C.4 
147.56 Lyme disease treatment  exemption from discipline.   A person licensed by a board under this subtitle shall not be subject to discipline under this chapter or the boards enabling statute based solely on the licensees recommendation or provision of a treatment method for Lyme disease or other tick-borne disease if the recommendation or provision of such treatment meets all the following criteria:   1. The treatment is provided after an examination is performed and informed consent is received from the patient.   2. The licensee identifies a medical reason for recommending or providing the treatment.   3. The treatment is provided after the licensee informs the patient about other recognized treatment options and describes to the patient the licensees education, experience, and credentials regarding the treatment of Lyme disease or other tick-borne disease.   4. The licensee uses the licensees own medical judgment based on a thorough review of all available clinical information and Lyme disease or other tick-borne disease literature to determine the best course of treatment for the individual patient.   5. The treatment will not, in the opinion of the licensee, result in the direct and proximate death of or serious bodily injury to the patient.  2017 Acts, ch 16, 1, 2 
147.58 Repealed by  2008 Acts, ch 1088, 78  . 
147.59 Repealed by  2008 Acts, ch 1088, 78  . 
147.6 Certificate presumptive evidence.   Every license issued under this subtitle shall be presumptive evidence of the right of the holder to practice in this state the profession therein specified.  [C97, 2576; S13, 2575-a30, -a38, 2576, 2583-k, 2600-d; C24, 27, 31, 35, 39, 2443; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.6]  94 Acts, ch 1132, 12; 96 Acts, ch 1036, 7; 98 Acts, ch 1053, 5 
147.60 Repealed by  2008 Acts, ch 1088, 78  . 
147.61 Repealed by  2008 Acts, ch 1088, 78  . 
147.62 Repealed by  2008 Acts, ch 1088, 78  . 
147.63 Repealed by  2008 Acts, ch 1088, 78  . 
147.64 Repealed by  2008 Acts, ch 1088, 78  . 
147.65 Repealed by  2008 Acts, ch 1088, 78  . 
147.66 Repealed by  2008 Acts, ch 1088, 78  . 
147.67 Repealed by  2008 Acts, ch 1088, 78  . 
147.68 Repealed by  2008 Acts, ch 1088, 78  . 
147.69 Repealed by  2008 Acts, ch 1088, 78  . 
147.7 Display of license.   1. A board may require every person licensed by the board to display the license and evidence of current renewal publicly in a manner prescribed by the board.   2. This section shall not apply to a person who is licensed in another state and recognized for licensure in this state pursuant to the nurse licensure compact contained in section 152E.1 or pursuant to the advanced practice registered nurse compact contained in section 152E.3. A person licensed in another state and recognized for licensure in this state pursuant to either compact shall, however, maintain a copy of a license issued by the persons home state available for inspection when engaged in the practice of nursing in this state.  [C97, 2591; S13, 2600-o1; C24, 27, 31, 35, 39, 2444; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.7]  90 Acts, ch 1086, 2; 94 Acts, ch 1132, 13; 96 Acts, ch 1036, 8; 98 Acts, ch 1053, 6; 2000 Acts, ch 1008, 3; 2005 Acts, ch 53, 3; 2006 Acts, ch 1010, 54; 2008 Acts, ch 1088, 6 
147.70 Repealed by  2008 Acts, ch 1088, 78  . 
147.71 Repealed by  2008 Acts, ch 1088, 78  . 
147.72 Professional titles and abbreviations.   Any person licensed to practice a profession under this subtitle may append to the persons name any recognized title or abbreviation, which the person is entitled to use, to designate the persons particular profession, but no other person shall assume or use such title or abbreviation, and no licensee shall advertise in such a manner as to lead the public to believe that the licensee is engaged in the practice of any other profession than the one which the licensee is licensed to practice.  [S13, 2575-a28, -a31, 2583-q; C24, 27, 31, 35, 39, 2509; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.72]  94 Acts, ch 1132, 22; 96 Acts, ch 1036, 19; 98 Acts, ch 1053, 17  Referred to in 147.73 
147.73 Titles used by holder of degree.   Nothing in section 147.72 shall be construed:   1. As authorizing any person licensed to practice a profession under this subtitle to use or assume any degree or abbreviation of the degree unless such degree has been conferred upon the person by an institution of learning accredited by the appropriate board, or by some recognized state or national accredited agency.   2. As prohibiting any holder of a degree conferred by an institution of learning accredited by the appropriate board created in this chapter, or by some recognized state or national accrediting agency, from using the title which such degree authorizes the holder to use, but the holder shall not use such degree or abbreviation in any manner which might mislead the public as to the holders qualifications to treat human ailments.  [C24, 27, 31, 35, 39, 2510; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.73]  94 Acts, ch 1132, 23; 96 Acts, ch 1036, 20; 98 Acts, ch 1053, 18; 2008 Acts, ch 1088, 30 
147.74 Professional titles or abbreviations  false use prohibited.   1. Any person who falsely claims by the use of any professional title or abbreviation, either in writing, cards, signs, circulars, advertisements, the internet, or other written or electronic means, to be a practitioner of a profession other than the one under which the person holds a license or who fails to use the designations provided in this section shall be guilty of a simple misdemeanor.   2. A physician or surgeon may use the prefix Dr. or Doctor, and shall add after the persons name the letters, M.D.   3. An osteopathic physician and surgeon may use the prefix Dr. or Doctor, and shall add after the persons name the letters, D.O., or the words osteopathic physician and surgeon.   4. A chiropractor may use the prefix Dr. or Doctor, but shall add after the persons name the letters, D.C. or the word, chiropractor.   5. A dentist may use the prefix Dr. or Doctor, but shall add after the persons name the letters D.D.S., or D.M.D., or the word dentist or dental surgeon. A dental hygienist may use the words registered dental hygienist or the letters R.D.H. after the persons name. A dental assistant may use the words registered dental assistant or the letters R.D.A. after the persons name.   6. A podiatric physician may use the prefix Dr. or Doctor, but shall add after the persons name the letters D.P.M. or the words podiatric physician.   7. A graduate of a school accredited by the board of optometry may use the prefix Dr. or Doctor, but shall add after the persons name the letters O.D.   8. A physical therapist registered or licensed under chapter 148A may use the words physical therapist after the persons name or signify the same by the use of the letters P.T. after the persons name. A physical therapist with an earned doctoral degree from an accredited school, college, or university may use the suffix designating the degree, or the prefix Doctor or Dr. and add after the persons name the words physical therapist. An occupational therapist registered or licensed under chapter 148B may use the words occupational therapist after the persons name or signify the same by the use of the letters O.T. after the persons name. An occupational therapist with an earned doctoral degree from an accredited school, college, or university may use the suffix designating the degree, or the prefix Doctor or Dr. and add after the persons name the words occupational therapist.   9. A physical therapist assistant licensed under chapter 148A may use the words physical therapist assistant after the persons name or signify the same by use of the letters P.T.A. after the persons name. An occupational therapy assistant licensed under chapter 148B may use the words occupational therapy assistant after the persons name or signify the same by use of the letters O.T.A. after the persons name.   10. A psychologist who possesses a doctoral degree may use the prefix Dr. or Doctor but shall add after the persons name the word psychologist.   11. A speech pathologist with an earned doctoral degree in speech pathology obtained beyond a bachelors degree from an accredited school, college, or university, may use the suffix designating the degree, or the prefix Doctor or Dr. and add after the persons name the words speech pathologist. An audiologist with an earned doctoral degree in audiology obtained beyond a bachelors degree from an accredited school, college, or university, may use the suffix designating the degree, or the prefix Doctor or Dr. and add after the persons name the word audiologist.   12. A bachelor social worker licensed under chapter 154C may use the words licensed bachelor social worker or the letters L.B.S.W. after the persons name. A master social worker licensed under chapter 154C may use the words licensed master social worker or the letters L.M.S.W. after the persons name. An independent social worker licensed under chapter 154C may use the words licensed independent social worker, or the letters L.I.S.W. after the persons name.   13. A marital and family therapist licensed under chapter 154D and this chapter may use the words licensed marital and family therapist after the persons name or signify the same by the use of the letters L.M.F.T. after the persons name. A marital and family therapist licensed under chapter 154D and this chapter who possesses a doctoral degree may use the prefix Doctor or Dr. in conjunction with the persons name, but shall add after the persons name the words licensed marital and family therapist.   14. A mental health counselor licensed under chapter 154D and this chapter may use the words licensed mental health counselor after the persons name. A mental health counselor licensed under chapter 154D and this chapter who possesses a doctoral degree may use the prefix Doctor or Dr. in conjunction with the persons name, but shall add after the persons name the words licensed mental health counselor.   15. a. A behavior analyst licensed under chapter 154D may use the letters LBA after the persons name.   b. An assistant behavior analyst licensed under chapter 154D may use the letters LABA after the persons name.   16. A pharmacist who possesses a doctoral degree recognized by the accreditation council for pharmacy education from a college of pharmacy approved by the board of pharmacy or a doctor of philosophy degree in an area related to pharmacy may use the prefix Doctor or Dr. but shall add after the persons name the word pharmacist or Pharm. D.   17. A physician assistant licensed under chapter 148C may use the words physician assistant after the persons name or signify the same by the use of the letters P.A. after the persons name.   18. A massage therapist licensed under chapter 152C may use the words licensed massage therapist or the initials L.M.T. after the persons name.   19. An acupuncturist licensed under chapter 148E may use the words licensed acupuncturist or the abbreviation L.Ac. after the persons name.   20. A respiratory care practitioner licensed under chapter 152B and this chapter may use the title respiratory care practitioner or the letters R.C.P. after the persons name.   21. An athletic trainer licensed under chapter 152D and this chapter may use the words licensed athletic trainer or the letters LAT after the persons name.   22. A registered nurse licensed under chapter 152 may use the words registered nurse or the letters R.N. after the persons name. A licensed practical nurse licensed under chapter 152 may use the words licensed practical nurse or the letters L.P.N. after the persons name. An advanced registered nurse practitioner licensed under chapter 152 or 152E may use the words advanced registered nurse practitioner or the letters A.R.N.P. after the persons name.   23. A sign language interpreter or transliterator licensed under chapter 154E and this chapter may use the title licensed sign language interpreter or the letters L.I. after the persons name.   24. a. An orthotist licensed under chapter 148F may use the words licensed orthotist after the persons name or signify the same by the use of the letters L.O. after the persons name.   b. A pedorthist licensed under chapter 148F may use the words licensed pedorthist after the persons name or signify the same by the use of the letters L.ped. after the persons name.   c. A prosthetist licensed under chapter 148F may use the words licensed prosthetist after the persons name or signify the same by the use of the letters L.P. after the persons name.   25. A genetic counselor licensed under chapter 148H may use the words genetic counselor or licensed genetic counselor or corresponding abbreviations after the persons name.   26. A person who is licensed to engage in the practice of polysomnography shall have the right to use the title polysomnographic technologist or the letters P.S.G.T. after the persons name. No other person may use that title or letters or any other words or letters indicating that the person is a polysomnographic technologist.   27. No other practitioner licensed to practice a profession under any of the provisions of this subtitle shall be entitled to use the prefix Dr. or Doctor unless the licensed practitioner possesses an earned doctoral degree. Such a practitioner shall reference the degree held after the persons name.  [C31, 35, 2510-d1; C39, 2510.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.74; 81 Acts, ch 66, 1]  84 Acts, ch 1075, 11; 87 Acts, ch 215, 40; 88 Acts, ch 1225, 10; 90 Acts, ch 1168, 27; 91 Acts, ch 228, 1; 91 Acts, ch 229, 4; 92 Acts, ch 1137, 7; 92 Acts, ch 1183, 4; 93 Acts, ch 86, 13; 95 Acts, ch 108, 4; 96 Acts, ch 1035, 4; 96 Acts, ch 1036, 21; 98 Acts, ch 1053, 19; 99 Acts, ch 101, 1; 2000 Acts, ch 1053, 3; 2001 Acts, ch 58, 7; 2003 Acts, ch 93, 1, 14; 2004 Acts, ch 1045, 2; 2004 Acts, ch 1175, 424, 433; 2007 Acts, ch 10, 61; 2007 Acts, ch 215, 246; 2008 Acts, ch 1088, 31; 2012 Acts, ch 1101, 5; 2014 Acts, ch 1019, 1; 2015 Acts, ch 70, 6; 2018 Acts, ch 1052, 4, 12; 2018 Acts, ch 1106, 6, 14  Referred to in 148A.7 
147.75 Itinerants. Repealed by  2008 Acts, ch 1088, 78  . 
147.76 Rules.   The boards for the various professions shall adopt all necessary and proper rules to administer and interpret this chapter and chapters 148 through 158, except chapter 148D.  [C77, 79, 81, 147.76]  89 Acts, ch 83, 28; 92 Acts, ch 1097, 4; 2007 Acts, ch 10, 62; 2008 Acts, ch 1088, 32 
147.78 Repealed by 63 Acts, ch 123, 1. 
147.79 Repealed by 63 Acts, ch 123, 1. 
147.8 Record of licenses.   A board shall keep the following information available for public inspection for each person licensed by the board:   1. Name.   2. Address of record.   3. The number of the license.   4. The date of issuance of the license.  [C97, 2591; S13, 2575-a40, 2583-a, -k, 2600-d; C24, 27, 31, 35, 39, 2445; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.8]  96 Acts, ch 1128, 5; 2008 Acts, ch 1088, 7; 2009 Acts, ch 41, 50 
147.80 Establishment of fees  administrative costs.   1. Each board may by rule establish fees for the following based on the costs of sustaining the board and the actual costs of the service:   a. Examinations.   b. Licensure, certification, or registration.   c. Renewal of licensure, certification, or registration.   d. Renewal of licensure, certification, or registration during the grace period.   e. Reinstatement or reactivation of licensure, certification, or registration.   f. Issuance of a certified statement that a person is licensed, registered, or has been issued a certificate to practice in this state.   g. Issuance of a duplicate license, registration, or certificate, which shall be so designated on its face. A board may require satisfactory proof that the original license, registration, or certificate issued by the board has been lost or destroyed.   h. Issuance of a renewal card.   i. Verification of licensure, registration, or certification.   j. Returned checks.   k. Inspections.   2. Each board shall annually prepare estimates of projected revenues to be generated by the fees received by the board as well as a projection of the fairly apportioned administrative costs and rental expenses attributable to the board. Each board shall annually review and adjust its schedule of fees to cover projected expenses.   3. The board of medicine, the board of pharmacy, the dental board, and the board of nursing shall retain individual executive officers pursuant to section 135.11B, but shall make every effort to share administrative, clerical, and investigative staff to the greatest extent possible.  [C97, 2576, 2597, 2590; S13, 2575-a30, -a38, -a39, 2582, 2583-a, -l, 2589-d, 2600-d; C24, 27, 31, 35, 39, 2516; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.80; 81 Acts, ch 2, 10(5), ch 5, 4(5)]  1. [C97, 2597; S13, 2600-d, -m; C24, 27, 31, 35, 39, 2516; C46, 50, 54, 58, 62, 147.80(1, 2, 7); C66, 71, 73, 147.80(1, 7); C75, 77, 79, 81, 147.80(1)]  2. [C97, 2590; S13, 2589-b, -d; C24, 27, 31, 35, 39, 2516; C46, 50, 54, 58, 62, 147.80(5  7); C66, 71, 73, 147.80(1, 7); C75, 77, 79, 81, 147.80(2)]  3. [C97, 2576; S13, 2576, 2582, 2583-a; C24, 27, 31, 35, 39, 2516; C46, 50, 54, 58, 62, 147.80(1  4); C66, 71, 73, 147.80(2, 7); C75, 77, 79, 81, 147.80(3)]  4. [C75, 77, 79, 81, 147.80(4)]  6. [C24, 27, 31, 35, 39, 2516; C46, 50, 54, 58, 62, 66, 71, 73, 147.80(3, 4, 7); C75, 77, 79, 81, 147.80(5)]  7. [C24, 27, 31, 35, 39, 2516; C46, 50, 54, 58, 62, 66, 71, 73, 147.80(3, 4, 7); C75, 77, 79, 81, 147.80(6)]  8. [C66, 71, 73, 147.80(3, 4, 7); C75, 77, 79, 81, 147.80(7)]  10. [S13, 2583-l, -n; C24, 27, 31, 35, 39, 2516; C46, 50, 54, 58, 62, 66, 71, 73, 147.80(3, 4, 7); C75, 77, 79, 81, 147.80(8)]  11. [C24, 27, 31, 35, 39, 2516; C46, 50, 54, 58, 62, 66, 71, 73, 147.80(5  7); C75, 77, 79, 81, 147.80(9)]  12. [S13, 2575-a38, -a39; C24, 27, 31, 35, 39, 2516; C46, 50, 54, 58, 62, 66, 71, 73, 147.80(5  7); C75, 77, 79, 81, 147.80(10)]  13. [S13, 2575-a30; C24, 27, 31, 35, 39, 2516; C46, 50, 54, 58, 62, 147.80(5  7); C66, 147.80(6, 7, 16, 17); C71, 73, 147.80(6, 7, 19, 20); C75, 77, 79, 81, 147.80(11)]  14. [C66, 147.80(19); C71, 73, 147.80(22); C75, 77, 79, 81, 147.80(12)]  15. [C27, 2516(5  7); C31, 35, 39, 2516(5  7, 11, 13); C46, 50, 54, 58, 62, 147.80(5  7, 11, 13); C66, 71, 73, 147.80(5  7, 10, 11); C75, 77, 79, 81, 147.80(13)]  16. [C27, 31, 35, 39, 2516; C46, 50, 54, 147.80(5  7, 12, 13); C58, 62, 66, 147.80(5  7, 12  14); C71, 73, 147.80(5  7, 12  17); C75, 77, 79, 81, 147.80(14)]  17. [C77, 79, 81, 147.80(15)]  18. [C81, 147.80(16)]  19. [C81, 147.80(17)]  24. [S13, 2600-n; C24, 27, 31, 35, 39, 2516; C46, 50, 54, 58, 62, 66, 71, 73, 147.80(8); C75, 147.80(15); C77, 79, 147.80(16); C81, 147.80(18)]  25. [C66, 71, 73, 147.80(18); C75, 147.80(16); C77, 79, 147.80(17); C81, 147.80(19)]  84 Acts, ch 1075, 12; 85 Acts, ch 168, 7; 85 Acts, ch 246, 1; 88 Acts, ch 1225, 11; 89 Acts, ch 240, 1; 91 Acts, ch 228, 2; 91 Acts, ch 229, 5; 92 Acts, ch 1183, 5; 92 Acts, ch 1205, 17; 93 Acts, ch 86, 14; 96 Acts, ch 1036, 22; 98 Acts, ch 1053, 20; 2000 Acts, ch 1002, 2; 2000 Acts, ch 1053, 4; 2001 Acts, ch 24, 31; 2001 Acts, ch 58, 8; 2003 Acts, ch 93, 2, 14; 2004 Acts, ch 1175, 425, 433; 2005 Acts, ch 175, 85; 2006 Acts, ch 1155, 5, 15; 2007 Acts, ch 10, 63; 2007 Acts, ch 218, 199, 200; 2008 Acts, ch 1088, 33; 2009 Acts, ch 133, 49; 2019 Acts, ch 85, 60  Referred to in 147.82, 148F.3, 154A.13, 155A.43, 157.4, 157.8, 157.11, 158.4, 158.7, 158.9 
147.82 Fee retention.   All fees collected by a board listed in section 147.13 or by the department for the bureau of professional licensure, and fees collected pursuant to sections 124.301 and 147.80 and chapter 155A by the board of pharmacy, shall be retained by each board or by the department for the bureau of professional licensure. The moneys retained by a board shall be used for any of the boards duties, including but not limited to the addition of full-time equivalent positions for program services and investigations. Revenues retained by a board pursuant to this section shall be considered repayment receipts as defined in section 8.2. Notwithstanding section 8.33, moneys retained by a board pursuant to this section are not subject to reversion to the general fund of the state.  [C97, 2583; S13, 2575-a44, 2583-a, -s; C24, 27, 31, 35, 39, 2518; C46, 50, 54, 58, 62, 66, 147.82; C71, 73, 147.82, 153.4; C75, 77, 79, 81, 147.82]  2005 Acts, ch 175, 86; 2006 Acts, ch 1155, 6, 15; 2006 Acts, ch 1184, 86; 2007 Acts, ch 10, 184; 2008 Acts, ch 1088, 34  Referred to in 147.25, 153.37, 155A.43 
147.83 Injunction.   Any person engaging in any business or in the practice of any profession for which a license is required by this subtitle without such license may be restrained by permanent injunction.  [C24, 27, 31, 35, 39, 2519; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.83]  94 Acts, ch 1132, 24; 96 Acts, ch 1036, 23; 98 Acts, ch 1053, 21  Referred to in 154C.2, 156.16  Injunctions,  R.C.P. 1.1501  1.1511 
147.84 Forgeries.   Any person who files or attempts to file with a board any false or forged diploma, certificate or affidavit of identification or qualification, or other document shall be guilty of a fraudulent practice.  [C97, 2580, 2595; S13, 2583-d; C24, 27, 31, 35, 39, 2520; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.84]  2008 Acts, ch 1088, 35  Referred to in 148.6  See also 714.8, chapter 715A 
147.85 Fraud.   Any person who presents to a board a diploma or certificate of which the person is not the rightful owner, for the purpose of procuring a license, or who falsely impersonates anyone to whom a license has been issued by the board shall be guilty of a serious misdemeanor.  [C97, 2580, 2581, 2595; S13, 2575-a45, 2581, 2583-c, -d; C24, 27, 31, 35, 39, 2521; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.85]  2008 Acts, ch 1088, 36; 2009 Acts, ch 133, 50  Referred to in 148.6 
147.86 Penalties.   Any person violating any provision of this subtitle, except insofar as the provisions apply or relate to or affect the practice of pharmacy, or where a specific penalty is otherwise provided, shall be guilty of a serious misdemeanor.  [C97, 2580, 2581, 2588, 2590, 2591, 2595; S13, 2575-a35, -a45, 2581, 2583-d, -r, 2589-d, 2600-o4; SS15, 2588; C24, 27, 31, 35, 39, 2522; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.86]  92 Acts, ch 1183, 6; 94 Acts, ch 1023, 12; 94 Acts, ch 1132, 25; 96 Acts, ch 1036, 24; 98 Acts, ch 1053, 22; 2015 Acts, ch 30, 61  Referred to in 147.107, 147.108, 147.109, 147.114 
147.87 Enforcement.   A board shall enforce the provisions of this chapter and the boards enabling statute and for that purpose may request the department of inspections and appeals to make necessary investigations. Every licensee and member of a board shall furnish the board or the department of inspections and appeals such evidence as the member or licensee may have relative to any alleged violation which is being investigated.  [C24, 27, 31, 35, 39, 2523; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.87]  90 Acts, ch 1204, 19; 94 Acts, ch 1132, 26; 96 Acts, ch 1036, 25; 98 Acts, ch 1053, 23; 2007 Acts, ch 10, 64; 2008 Acts, ch 1088, 37; 2009 Acts, ch 41, 53  Referred to in 152.10, 153.36, 156.9  Continuing education and regulation, chapter 272C 
147.88 Inspections and investigations.   The department of inspections and appeals may perform inspections and investigations as required by this subtitle, except inspections and investigations for the board of medicine, board of pharmacy, board of nursing, and the dental board. The department of inspections and appeals shall employ personnel related to the inspection and investigative functions.  [C31, 35, 2523-c1; C39, 2523.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.88]  90 Acts, ch 1204, 20; 94 Acts, ch 1132, 27; 96 Acts, ch 1036, 26; 98 Acts, ch 1053, 24; 2007 Acts, ch 10, 65; 2007 Acts, ch 218, 201; 2008 Acts, ch 1088, 38  Referred to in 152.10, 153.36 
147.89 Report of violators.   Every licensee and member of a board shall report to the board the name of any person without the required license if the licensee or member of the board has reason to believe the person is practicing the profession without a license.  [C24, 27, 31, 35, 39, 2524; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.89]  2007 Acts, ch 10, 66; 2008 Acts, ch 1088, 39; 2009 Acts, ch 41, 54  Referred to in 152.10, 153.36 
147.9 Change of address.   Every person licensed pursuant to this chapter shall notify the board which issued the license of a change in the persons address of record within a time period established by board rule.  [C97, 2591; C24, 27, 31, 35, 39, 2446; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.9]  90 Acts, ch 1086, 3; 94 Acts, ch 1132, 14; 96 Acts, ch 1036, 9; 98 Acts, ch 1053, 7; 2008 Acts, ch 1088, 8 
147.90 Rules and forms. Repealed by  2008 Acts, ch 1088, 78  . 
147.91 Publications.   Each board shall provide access to the laws and rules regulating the board to the public upon request and shall make this information available through the internet.  [C24, 27, 31, 35, 39, 2526; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.91]  90 Acts, ch 1204, 22; 2001 Acts, ch 58, 9; 2007 Acts, ch 10, 67; 2008 Acts, ch 1088, 40  Referred to in 153.36 
147.92 Attorney general.   Upon request of a board the attorney general shall institute in the name of the state the proper proceedings against any person charged by the board with violating any provision of this or the following chapters of this subtitle.  [S13, 2600-o7; C24, 27, 31, 35, 39, 2527; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.92]  94 Acts, ch 1132, 29; 94 Acts, ch 1173, 8; 96 Acts, ch 1036, 28; 98 Acts, ch 1053, 26; 2008 Acts, ch 1088, 41  Referred to in 153.36 
147.93 Prima facie evidence.   The opening of an office or place of business for the practice of any profession for which a license is required by this subtitle, the announcing to the public in any way the intention to practice any such profession, the use of any professional degree or designation, or of any sign, card, circular, device, internet site, or advertisement, as a practitioner of any such profession, or as a person skilled in the same, shall be prima facie evidence of engaging in the practice of such profession.  [S13, 2575-a28, -a31, 2600-o; C24, 27, 31, 35, 39, 2528; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 147.93]  94 Acts, ch 1132, 30; 96 Acts, ch 1036, 29; 98 Acts, ch 1053, 27; 2008 Acts, ch 1088, 42; 2013 Acts, ch 90, 257 
147.94 Repealed by  2008 Acts, ch 1088, 79  . 
147.95 Repealed by  2008 Acts, ch 1088, 79  . 
147.96 Repealed by  2008 Acts, ch 1088, 79  . 
147.98 Repealed by  2008 Acts, ch 1088, 79  . 
147.99 Repealed by  2008 Acts, ch 1088, 79  . 
147A.1 Definitions.   As used in this subchapter, unless the context otherwise requires:   1. Department means the Iowa department of public health.   2. Director means the director of the Iowa department of public health.   3. Emergency medical care means such medical procedures as:   a. Administration of intravenous solutions.   b. Intubation.   c. Performance of cardiac defibrillation and synchronized cardioversion.   d. Administration of emergency drugs as provided by rule by the department.   e. Any other medical procedure approved by the department, by rule, as appropriate to be performed by emergency medical care providers who have been trained in that procedure.   4. Emergency medical care provider means an individual trained to provide emergency and nonemergency medical care at the emergency medical responder, emergency medical technician, advanced emergency medical technician, paramedic, or other certification levels adopted by rule by the department, who has been issued a certificate by the department, or a person practicing pursuant to chapter 147D.   5. Emergency medical services or EMS means an integrated medical care delivery system to provide emergency and nonemergency medical care at the scene or during out-of-hospital patient transportation in an ambulance.   6. Emergency medical services medical director means a physician licensed under chapter 148, who is responsible for overall medical direction of an emergency medical services program and who has completed a medical director workshop, sponsored by the department, within one year of assuming duties. An emergency medical services medical director who receives no compensation for the performance of the directors volunteer duties under this chapter shall be considered a state volunteer as provided in section 669.24 while performing volunteer duties as an emergency medical services medical director.   7. First responder means an emergency medical care provider, a registered nurse staffing an authorized service program under section 147A.12, a physician assistant staffing an authorized service program under section 147A.13, a fire fighter, or a peace officer as defined in section 801.4 who is trained and authorized to administer an opioid antagonist.   8. Licensed health care professional means the same as defined in section 280.16.   9. Opioid antagonist means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors, including but not limited to naloxone hydrochloride or any other similarly acting drug approved by the United States food and drug administration.   10. Opioid-related overdose means a condition affecting a person which may include extreme physical illness, a decreased level of consciousness, respiratory depression, a coma, or the ceasing of respiratory or circulatory function resulting from the consumption or use of an opioid, or another substance with which an opioid was combined.   11. Physician means an individual licensed under chapter 148.   12. Service program or service means any medical care ambulance service or nontransport service that has received authorization from the department under section 147A.5.   13. Training program means an Iowa college approved by the higher learning commission, an Iowa hospital authorized by the department, or a medical care ambulance service or nontransport service that has received authorization from the department to conduct emergency medical care services training.  [C79, 81, 147A.1]  84 Acts, ch 1287, 1; 86 Acts, ch 1245, 1142; 89 Acts, ch 89, 6; 93 Acts, ch 58, 7; 95 Acts, ch 41, 9; 99 Acts, ch 141, 21; 2008 Acts, ch 1088, 99; 2009 Acts, ch 56, 3; 2010 Acts, ch 1149, 6  8; 2015 Acts, ch 29, 114; 2016 Acts, ch 1061, 2; 2016 Acts, ch 1139, 72  75; 2019 Acts, ch 90, 2; 2021 Acts, ch 174, 61, 63  Referred to in 85.61, 97B.49B, 100B.14, 100B.31, 124.551, 135.190, 139A.2, 141A.1, 144A.2, 144D.1, 280.13C, 321.423, 422.12, 708.3A, 724.6  Subsection 13 amended 
147A.10 Exemptions from liability in certain circumstances.   1. A physician, physicians designee, advanced registered nurse practitioner, or physician assistant who gives orders, either directly or via communications equipment from some other point, or via standing protocols to an appropriately certified emergency medical care provider, registered nurse, or licensed practical nurse at the scene of an emergency, and an appropriately certified emergency medical care provider, registered nurse, or licensed practical nurse following the orders, are not subject to criminal liability by reason of having issued or executed the orders, and are not liable for civil damages for acts or omissions relating to the issuance or execution of the orders unless the acts or omissions constitute recklessness.   2. A physician, physicians designee, advanced registered nurse practitioner, physician assistant, registered nurse, licensed practical nurse, or emergency medical care provider shall not be subject to civil liability solely by reason of failure to obtain consent before rendering emergency medical, surgical, hospital or health services to any individual, regardless of age, when the patient is unable to give consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care.   3. An act of commission or omission of any appropriately certified emergency medical care provider, registered nurse, licensed practical nurse, or physician assistant, while rendering emergency medical care under the responsible supervision and control of a physician to a person who is deemed by them to be in immediate danger of serious injury or loss of life, shall not impose any liability upon the certified emergency medical care provider, registered nurse, licensed practical nurse, or physician assistant, the supervising physician, physician designee, advanced registered nurse practitioner, or any hospital, or upon the state, or any county, city or other political subdivision, or the employees of any of these entities; provided that this section shall not relieve any person of liability for civil damages for any act of commission or omission which constitutes recklessness.  [C79, 81, 147A.10]  84 Acts, ch 1287, 10; 89 Acts, ch 89, 13; 93 Acts, ch 107, 3; 95 Acts, ch 41, 19  Referred to in 147A.12 
147A.11 Prohibited acts.   1. Any person not certified as required by this subchapter who claims to be an emergency medical care provider, or who uses any other term to indicate or imply that the person is an emergency medical care provider, or who acts as an emergency medical care provider without having obtained the appropriate certificate under this subchapter, is guilty of a class D felony.   2. An owner of an unauthorized service program in this state who operates or purports to operate a service program, or who uses any term to indicate or imply authorization without having obtained the appropriate authorization under this subchapter, is guilty of a class D felony.   3. Any person who imparts or conveys, or causes to be imparted or conveyed, or attempts to impart or convey false information concerning the need for assistance of a service program or of any personnel or equipment thereof, knowing such information to be false, is guilty of a serious misdemeanor.  [C79, 81, 147A.11]  84 Acts, ch 1287, 11; 89 Acts, ch 89, 14; 95 Acts, ch 41, 20; 2010 Acts, ch 1149, 13 
147A.12 Registered nurse exception.   1. This subchapter does not restrict a registered nurse, licensed pursuant to chapter 152, from staffing an authorized service program provided the registered nurse can document equivalency through education and additional skills training essential in the delivery of out-of-hospital emergency care. The equivalency shall be accepted when:   a. Documentation has been reviewed and approved at the local level by the medical director of the service program in accordance with the rules of the board of nursing developed jointly with the department.   b. Authorization has been granted to that service program by the department.   2. Section 147A.10 applies to a registered nurse in compliance with this section.  84 Acts, ch 1287, 12; 85 Acts, ch 129, 1; 89 Acts, ch 89, 15; 95 Acts, ch 41, 21; 2010 Acts, ch 1149, 14  Referred to in 147A.1, 233.1 
147A.13 Physician assistant exception.   This subchapter does not restrict a physician assistant, licensed pursuant to chapter 148C, from staffing an authorized service program if the physician assistant can document equivalency through education and additional skills training essential in the delivery of out-of-hospital emergency care. The equivalency shall be accepted when:   1. Documentation has been reviewed and approved at the local level by the medical director of the service program in accordance with the rules of the board of physician assistants developed after consultation with the department.   2. Authorization has been granted to that service program by the department.  93 Acts, ch 107, 4; 95 Acts, ch 41, 22; 2007 Acts, ch 10, 85; 2010 Acts, ch 1149, 15  Referred to in 147A.1, 233.1 
147A.14 Enforcement.   Investigators authorized by the department have the powers and status of peace officers when enforcing this chapter.  99 Acts, ch 141, 26 
147A.15 Automated external defibrillator equipment  penalty.   Any person who damages, wrongfully takes or withholds, or removes any component of automated external defibrillator equipment located in a public or privately owned location, including batteries installed to operate the equipment, is guilty of a serious misdemeanor.  2006 Acts, ch 1184, 89 
147A.16 Exception for care within scope of certification.   1. This subchapter does not apply to a registered member of the national ski patrol system, an industrial safety officer, a lifeguard, or a person employed or volunteering in a similar capacity in which the person provides on-site emergency medical care at a facility solely to the patrons or employees of that facility, provided that such person provides emergency medical care only within the scope of the persons training and certification and the person does not claim to be a certified emergency medical care provider or use any other term to indicate or imply that the person is a certified emergency medical care provider.   2. This subchapter does not apply to the national ski patrol system or any similar system in which the system provides on-site emergency medical care at a facility solely to the patrons or employees of that facility, provided that such system does not provide transportation to a hospital or other medical facility and provided that such system does not use any term to indicate or imply authorization to transport patients to a hospital or other medical facility without having obtained proper authorization to transport patients to a hospital or other medical facility under this subchapter.  2006 Acts, ch 1078, 1 
147A.17 Applications for emergency medical care services training programs  approval or denial  disciplinary actions.   1. An Iowa college approved by the higher learning commission, an Iowa hospital in this state, or a medical care ambulance service or nontransport service that desires to provide emergency medical care services training leading to certification as an emergency medical care provider shall apply to the department for authorization to establish a training program.   2. The department shall approve an application submitted in accordance with subsection 1 when the department is satisfied that the program proposed by the application will be operated in compliance with this subchapter and the rules adopted pursuant to this subchapter.   3. The department may deny an application for authorization, or may place on probation, suspend or revoke the authorization of, or otherwise discipline a training program with an existing authorization if the department finds reason to believe the program has not been or will not be operated in compliance with this subchapter and the rules adopted pursuant to this subchapter, or that there is insufficient assurance of adequate protection for the public. The authorization denial, period of probation, suspension, or revocation, or other disciplinary action shall be effected and may be appealed as provided by section 17A.12.  2010 Acts, ch 1149, 16; 2015 Acts, ch 29, 114; 2021 Acts, ch 174, 62, 63  Subsection 1 amended 
147A.18 Possession and administration of an opioid antagonist  immunity.   1. a. Notwithstanding any other provision of law to the contrary, a licensed health care professional may prescribe an opioid antagonist in the name of a service program, law enforcement agency, or fire department to be maintained for use as provided in this section.   b. (1) Notwithstanding any other provision of law to the contrary, a pharmacist licensed under chapter 155A may, by standing order or through collaborative agreement, dispense, furnish, or otherwise provide an opioid antagonist in the name of a service program, law enforcement agency, or fire department to be maintained for use as provided in this section.   (2) A pharmacist who dispenses, furnishes, or otherwise provides an opioid antagonist pursuant to a valid prescription, standing order, or collaborative agreement shall provide instruction to the recipient in accordance with the protocols and instructions developed by the department under this section.   2. A service program, law enforcement agency, or fire department may obtain a prescription for and maintain a supply of opioid antagonists. A service program, law enforcement agency, or fire department that obtains such a prescription shall replace an opioid antagonist upon its use or expiration.   3. A first responder employed by a service program, law enforcement agency, or fire department that maintains a supply of opioid antagonists pursuant to this section may possess and provide or administer such an opioid antagonist to an individual if the first responder reasonably and in good faith believes that such individual is experiencing an opioid-related overdose.   4. The following persons, provided they have acted reasonably and in good faith, shall not be liable for any injury arising from the provision, administration, or assistance in the administration of an opioid antagonist as provided in this section:   a. A first responder who provides, administers, or assists in the administration of an opioid antagonist to an individual as provided in this section.   b. A service program, law enforcement agency, or fire department.   c. The prescriber of the opioid antagonist.   5. The department may adopt rules pursuant to chapter 17A to implement and administer this section.  2016 Acts, ch 1061, 3; 2016 Acts, ch 1139, 71  75 
147A.1A Lead agency.   The department is designated as the lead agency for coordinating and implementing the provision of emergency medical services in this state. The department shall be the state EMS authority for the purposes of chapter 147D.  93 Acts, ch 58, 2; 2019 Acts, ch 90, 3 
147A.2 Council established  terms of office.   1. An EMS advisory council shall be appointed by the director. Membership of the council shall be comprised of individuals nominated from, but not limited to, the following state or national organizations: Iowa osteopathic medical association, Iowa medical society, American college of emergency physicians, Iowa physician assistant society, Iowa academy of family physicians, university of Iowa hospitals and clinics, American academy of emergency medicine, American academy of pediatrics, Iowa EMS association, Iowa firefighters association, Iowa professional fire fighters, EMS education programs committee, Iowa nurses association, Iowa hospital association, and the Iowa state association of counties. The council shall also include at least two at-large members who are volunteer emergency medical care providers and a representative of a private service program.   2. The EMS advisory council shall advise the director and develop policy recommendations concerning the regulation, administration, and coordination of emergency medical services in the state.  95 Acts, ch 41, 10; 98 Acts, ch 1100, 18; 2001 Acts, ch 74, 5; 2010 Acts, ch 1149, 9; 2011 Acts, ch 25, 18 
147A.20 Short title.   This subchapter may be cited as the Iowa Trauma Care System Development Act.  95 Acts, ch 40, 1 
147A.21 Definitions.   As used in this subchapter, unless the context otherwise requires:   1. Categorization means a preliminary determination by the department that a hospital or emergency care facility is capable of providing trauma care in accordance with criteria adopted pursuant to chapter 17A for level I, II, III, and IV care capabilities.   2. Department means the Iowa department of public health.   3. Director means the director of public health.   4. Emergency care facility means a physicians office, clinic, or other health care center which provides emergency medical care in conjunction with other primary care services.   5. Hospital means a facility licensed under chapter 135B, or a comparable emergency care facility located and licensed in another state.   6. Trauma means a single or multisystem life-threatening or limb-threatening injury, or an injury requiring immediate medical or surgical intervention or treatment to prevent death or permanent disability.   7. Trauma care facility means a hospital or emergency care facility which provides trauma care and has been verified by the department as having level I, II, III, or IV care capabilities and issued a certificate of verification pursuant to section 147A.23, subsection 2, paragraph c.   8. Trauma care system means an organized approach to providing personnel, facilities, and equipment for effective and coordinated trauma care.   9. Verification means a formal process by which the department certifies a hospital or emergency care facilitys capacity to provide trauma care in accordance with criteria established for level I, II, III, and IV trauma care facilities.  95 Acts, ch 40, 2 
147A.22 Legislative findings and intent  purpose.   The general assembly finds the following:   1. Trauma is a serious health problem in the state of Iowa and is the leading cause of death of younger Iowans. The death and disability associated with traumatic injury contributes to the significant medical expenses and lost work, and adversely affects the productivity of Iowans.   2. Optimal trauma care is limited in many parts of the state. With health care delivery in transition, access to quality trauma and emergency medical care continues to challenge our rural communities.   3. The goal of a statewide trauma care system is to coordinate the medical needs of the injured person with an integrated system of optimal and cost-effective trauma care. The result of a well-coordinated statewide trauma care system is to reduce the incidences of inadequate trauma care and preventable deaths, minimize human suffering, and decrease the costs associated with preventable mortality and morbidity.   4. The development of the Iowa trauma care system will achieve these goals while meeting the unique needs of the rural residents of the state.  95 Acts, ch 40, 3 
147A.23 Trauma care system development.   1. The department is designated as a lead agency in this state responsible for the development of a statewide trauma care system.   2. The department, in consultation with the trauma system advisory council, shall develop, coordinate, and monitor a statewide trauma care system. This system shall include, but not be limited to, the following:   a. The categorization of all hospitals and emergency care facilities by the department as to their capacity to provide trauma care services. The categorization shall be determined by the department from self-reported information provided to the department by the hospital or emergency care facility. This categorization shall not be construed to imply any guarantee on the part of the department as to the level of trauma care services available at the hospital or emergency care facility.   b. The issuance of a certificate of verification of all categorized hospitals and emergency care facilities from the department at the level preferred by the hospital or emergency care facility. The standards and verification process shall be established by rule and may vary as appropriate by level of trauma care capability. To the extent possible, the standards and verification process shall be coordinated with other applicable accreditation and licensing standards.   c. Upon verification and the issuance of a certificate of verification, a hospital or emergency care facility agrees to maintain a level of commitment and resources sufficient to meet responsibilities and standards as required by the trauma care criteria established by rule under this subchapter. Verifications are valid for a period of three years or as determined by the department and are renewable. As part of the verification and renewal process, the department may conduct periodic on-site reviews of the services and facilities of the hospital or emergency care facility.   d. The department is responsible for the funding of the administrative costs of this subchapter. Any funds received by the department for this purpose shall be deposited in the emergency medical services fund established in section 135.25.   e. This section shall not be construed to limit the number and distribution of level I, II, III, and IV categorized and verified trauma care facilities in a community or region.  95 Acts, ch 40, 4  Referred to in 147A.21 
147A.24 Trauma system advisory council established.   1. A trauma system advisory council is established. The following organizations or officials may recommend a representative to the council:   a. American academy of pediatrics.   b. American college of emergency physicians, Iowa chapter.   c. American college of surgeons, Iowa chapter.   d. Department of public health.   e. Governors traffic safety bureau.   f. Iowa academy of family physicians.   g. Iowa emergency medical services association.   h. Iowa emergency nurses association.   i. Iowa hospital association representing rural hospitals.   j. Iowa hospital association representing urban hospitals.   k. Iowa medical society.   l. Iowa osteopathic medical society.   m. Iowa physician assistant society.   n. Iowa society of anesthesiologists.   o. Orthopedic system advisory council of the American academy of orthopedic surgeons, Iowa representative.   p. Rehabilitation services delivery representative.   q. Iowas Medicare quality improvement organization.   r. State medical examiner.   s. Trauma nurse coordinator representing a trauma registry hospital.   t. University of Iowa, injury prevention research center.   2. The council shall consist of seven members to be appointed by the director from the recommendations of the organizations in subsection 1 for terms of two years. Vacancies on the council shall be filled for the remainder of the term of the original appointment. Members whose terms expire may be reappointed.   3. The voting members of the council shall elect a chairperson and a vice chairperson and other officers as the council deems necessary. The officers shall serve until their successors are elected and qualified.   4. The council shall do all of the following:   a. Advise the department on issues and strategies to achieve optimal trauma care delivery throughout the state.   b. Assist the department in the implementation of an Iowa trauma care plan.   c. Develop criteria for the categorization of all hospitals and emergency care facilities according to their trauma care capabilities. These categories shall be for levels I, II, III, and IV, based on the most current guidelines published by the American college of surgeons committee on trauma, the American college of emergency physicians, and the model trauma care plan of the United States department of health and human services health resources and services administration.   d. Develop a process for the verification of the trauma care capacity of each facility and the issuance of a certificate of verification.   e. Develop standards for medical direction, trauma care, triage and transfer protocols, and trauma registries.   f. Promote public information and education activities for injury prevention.   g. Review the rules adopted under this subchapter and make recommendations to the director for changes to further promote optimal trauma care.   h. Develop, implement, and conduct trauma care system evaluation, quality assessment, and quality improvement.   5. Proceedings, records, and reports developed pursuant to this section constitute peer review records under section 147.135, and are not subject to discovery by subpoena or admissible as evidence. All information and documents received from a hospital or emergency care facility under this subchapter shall be confidential pursuant to section 272C.6, subsection 4.  95 Acts, ch 40, 5; 98 Acts, ch 1100, 19; 2001 Acts, ch 74, 6; 2013 Acts, ch 129, 50  52; 2019 Acts, ch 85, 78 
147A.25 System evaluation and quality improvement committee. Repealed by 2013 Acts, ch 129, 57. 
147A.26 Trauma registry.   1. The department shall maintain a statewide trauma reporting system by which the trauma system advisory council and the department may monitor the effectiveness of the statewide trauma care system.   2. The data collected by and furnished to the department pursuant to this section are confidential records of the condition, diagnosis, care, or treatment of patients or former patients, including outpatients, pursuant to section 22.7. The compilations prepared for release or dissemination from the data collected are not confidential under section 22.7, subsection 2. However, information which individually identifies patients shall not be disclosed and state and federal law regarding patient confidentiality shall apply.   3. To the extent possible, activities under this section shall be coordinated with other health data collection methods.  95 Acts, ch 40, 7; 96 Acts, ch 1079, 7; 2013 Acts, ch 129, 53 
147A.27 Department to adopt rules.   The department shall adopt rules, pursuant to chapter 17A, to implement the Iowa trauma care system plan, which specify all of the following:   1. Standards for trauma care.   2. Triage and transfer protocols.   3. Trauma registry procedures and policies.   4. Trauma care education and training requirements.   5. Hospital and emergency care facility categorization criteria.   6. Procedures for approval, denial, probation, and revocation of certificates of verification.  95 Acts, ch 40, 8 
147A.28 Prohibited acts.   A hospital or emergency care facility that imparts or conveys, or causes to be imparted or conveyed, that it is a trauma care facility, or that uses any other term to indicate or imply that the hospital or emergency care facility is a trauma care facility without having obtained a certificate of verification under this subchapter is subject to a civil penalty not to exceed one hundred dollars per day for each offense. In addition, the director may apply to the district court for a writ of injunction to restrain the use of the term trauma care facility. However, nothing in this subchapter shall be construed to restrict a hospital or emergency facility from providing any services for which it is duly authorized.  95 Acts, ch 40, 9; 95 Acts, ch 209, 21 
147A.3 Meetings of the council  quorum.   Membership, terms of office, and quorum shall be determined by the director pursuant to chapter 135.  95 Acts, ch 41, 11; 2019 Acts, ch 85, 84 
147A.4 Rulemaking authority.   1. a. The department shall adopt rules required or authorized by this subchapter pertaining to the operation of service programs which have received authorization under section 147A.5 to utilize the services of certified emergency medical care providers. These rules shall include but need not be limited to requirements concerning physician supervision, necessary equipment and staffing, and reporting by service programs which have received the authorization pursuant to section 147A.5.   b. The director, pursuant to rule, may grant exceptions and variances from the requirements of rules adopted under this subchapter for any service program. Exceptions or variations shall be reasonably related to undue hardships which existing services experience in complying with this subchapter or the rules adopted pursuant to this subchapter. Services requesting exceptions and variances shall be subject to other applicable rules adopted pursuant to this subchapter.   2. The department shall adopt rules required or authorized by this subchapter pertaining to the examination and certification of emergency medical care providers. These rules shall include but need not be limited to requirements concerning prerequisites, training, and experience for emergency medical care providers and procedures for determining when individuals have met these requirements. The department shall adopt rules to recognize the previous EMS training and experience of emergency medical care providers transitioning to the emergency medical responder, emergency medical technician, advanced emergency medical technician, and paramedic levels. The department may require additional training and examinations as necessary and appropriate to ensure that individuals seeking transition to another level have met the knowledge and skill requirements. All requirements for transition to another level, including fees, shall be adopted by rule.   3. The department shall establish the fee for the examination of the emergency medical care providers to cover the administrative costs of the examination program.   4. The department shall adopt rules required or authorized by this subchapter pertaining to the operation of training programs. These rules shall include but need not be limited to requirements concerning curricula, resources, facilities, and staff.   5. The department shall recognize the practice requirements of recognition of the emergency medical services personnel licensure interstate compact, chapter 147D, and shall adopt rules necessary for the implementation of the compact.  [C79, 81, 147A.4; 82 Acts, ch 1005, 1, 2]  84 Acts, ch 1287, 4; 86 Acts, ch 1245, 1143; 89 Acts, ch 89, 7; 93 Acts, ch 58, 3; 95 Acts, ch 41, 12, 28; 99 Acts, ch 141, 22; 2009 Acts, ch 133, 198; 2010 Acts, ch 1149, 10; 2019 Acts, ch 90, 4  Referred to in 147A.6 
147A.5 Applications for emergency medical care services  approval  denial, probation, suspension, or revocation.   1. A service program in this state that desires to provide emergency medical care in the out-of-hospital setting shall apply to the department for authorization to establish a program for delivery of the care at the scene of an emergency, during transportation to a hospital, during transfer from one medical care facility to another or to a private residence, or while in the hospital emergency department, and until care is directly assumed by a physician or by authorized hospital personnel.   2. The department shall approve an application submitted in accordance with subsection 1 when the department is satisfied that the program proposed by the application will be operated in compliance with this subchapter and the rules adopted pursuant to this subchapter.   3. The department may deny an application for authorization, or may place on probation, suspend or revoke the authorization of, or otherwise discipline a service program with an existing authorization if the department finds that the service program has not been or will not be operated in compliance with this subchapter and the rules adopted pursuant to this subchapter, or that there is insufficient assurance of adequate protection for the public. The authorization denial or period of probation, suspension, or revocation, or other disciplinary action shall be effected and may be appealed as provided by section 17A.12.  [C79, 81, 147A.5]  84 Acts, ch 1287, 5; 86 Acts, ch 1245, 1144; 89 Acts, ch 89, 8; 95 Acts, ch 41, 13; 2010 Acts, ch 1149, 11  Referred to in 147A.1, 147A.4 
147A.6 Emergency medical care provider certificates  fees and renewal.   1. The department, upon initial application and receipt of the prescribed initial application fee, shall issue a certificate to an individual who has met all of the requirements for emergency medical care provider certification established by the rules adopted under section 147A.4, subsection 2. All fees received pursuant to this section shall be retained by the department. The moneys retained by the department shall be used for any of the departments duties under this chapter, including but not limited to the addition of full-time equivalent positions for program services and investigations. Revenues retained by the department pursuant to this section shall be considered repayment receipts as defined in section 8.2. Notwithstanding section 8.33, moneys retained by the department pursuant to this section are not subject to reversion to the general fund of the state.   2. The department, upon renewal application and receipt of the prescribed renewal application fee, shall issue a certificate to an individual who has met all of the requirements for emergency medical care provider certification established by the rules adopted under section 147A.4, subsection 2. All fees collected pursuant to this section shall be deposited in the emergency medical services fund established in section 135.25.   3. Emergency medical care provider certificates are valid for the multiyear period determined by the department, unless sooner suspended or revoked. The certificate shall be renewed upon application of the holder and receipt of the prescribed fee if the holder has satisfactorily completed continuing medical education programs as required by rule.  [C79, 81, 147A.6; 82 Acts, ch 1005, 3]  84 Acts, ch 1287, 6; 89 Acts, ch 89, 9; 93 Acts, ch 58, 7; 95 Acts, ch 41, 14; 97 Acts, ch 6, 1; 2019 Acts, ch 90, 5  Referred to in 232.68 
147A.7 Denial, suspension, or revocation of certificates  hearing  appeal.   1. The department may deny an application for issuance or renewal of an emergency medical care provider certificate, or suspend or revoke the certificate when it finds that the applicant or certificate holder is guilty of any of the following acts or offenses:   a. Negligence in performing authorized services.   b. Failure to follow the directions of the supervising physician.   c. Rendering treatment not authorized under this subchapter.   d. Fraud in procuring certification.   e. Professional incompetency.   f. Knowingly making misleading, deceptive, untrue, or fraudulent representation in the practice of a profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.   g. Habitual intoxication or addiction to the use of drugs.   h. Fraud in representations as to skill or ability.   i. Willful or repeated violations of this subchapter or of rules adopted pursuant to this subchapter.   j. Having certification to practice as an emergency medical care provider revoked or suspended, or having other disciplinary action taken by a licensing or certifying authority of another state, territory, or country. A certified copy of the record or order of suspension, revocation, or disciplinary action is conclusive or prima facie evidence.   2. A determination of mental incompetence by a court of competent jurisdiction automatically suspends a certificate for the duration of the certificate unless the department orders otherwise.   3. A denial, suspension, or revocation under this section shall be effected, and may be appealed in accordance with the rules of the department established pursuant to chapter 272C.  [C79, 81, 147A.7]  84 Acts, ch 1287, 7; 89 Acts, ch 89, 10; 93 Acts, ch 58, 4, 7; 95 Acts, ch 41, 15, 16; 99 Acts, ch 141, 23; 2020 Acts, ch 1103, 13, 31 
147A.8 Authority of certified emergency medical care provider.   An emergency medical care provider properly certified under this subchapter may:   1. Render emergency and nonemergency medical care, rescue, and lifesaving services in those areas for which the emergency medical care provider is certified, as defined and approved in accordance with the rules of the department, at the scene of an emergency, during transportation to a hospital or while in the hospital emergency department, and until care is directly assumed by a physician or by authorized hospital personnel.   2. Function in any hospital or any other entity in which health care is ordinarily provided only when under the direct supervision, as defined by rules adopted pursuant to chapter 17A, of a physician, when the emergency care provider is any of the following:   a. Enrolled as a student or participating as a preceptor in a training program approved by the department or an agency authorized in another state to provide initial EMS education and approved by the department.   b. Fulfilling continuing education requirements as defined by rule.   c. Employed by or assigned to a hospital or other entity in which health care is ordinarily provided only when under the direct supervision of a physician, as a member of an authorized service program, or in an individual capacity, by rendering lifesaving services in the facility in which employed or assigned pursuant to the emergency medical care providers certification and under the direct supervision of a physician, physician assistant, or registered nurse. An emergency medical care provider shall not routinely function without the direct supervision of a physician, physician assistant, or registered nurse. However, when the physician, physician assistant, or registered nurse cannot directly assume emergency care of the patient, the emergency medical care provider may perform without direct supervision emergency medical care procedures for which that individual is certified if the life of the patient is in immediate danger and such care is required to preserve the patients life.   d. Employed by or assigned to a hospital or other entity in which health care is ordinarily provided only when under the direct supervision of a physician, as a member of an authorized service program, or in an individual capacity, to perform nonlifesaving procedures for which those individuals have been certified and are designated in a written job description. Such procedures may be performed after the patient is observed by and when the emergency medical care provider is under the supervision of the physician, physician assistant, or registered nurse, including when the registered nurse is not acting in the capacity of a physician designee, and where the procedure may be immediately abandoned without risk to the patient.  [C79, 81, 147A.8]  84 Acts, ch 1287, 8; 89 Acts, ch 89, 11; 93 Acts, ch 58, 5, 7; 93 Acts, ch 107, 1; 95 Acts, ch 41, 17; 99 Acts, ch 141, 24; 2000 Acts, ch 1009, 1; 2001 Acts, ch 58, 10; 2009 Acts, ch 41, 263; 2010 Acts, ch 1149, 12 
147A.9 Remote supervision  emergency communication failure  authorization to initiate emergency procedures.   1. When voice contact or a telemetered electrocardiogram is monitored by a physician, physicians designee, or physician assistant, and direct communication is maintained, an emergency medical care provider may upon order of the monitoring physician or upon standing orders of a physician transmitted by the monitoring physicians designee or physician assistant perform any emergency medical care procedure for which that emergency medical care provider is certified.   2. If communications fail during an emergency or nonemergency situation, the emergency medical care provider may perform any emergency medical care procedure for which that individual is certified and which is included in written protocols if in the judgment of the emergency medical care provider the life of the patient is in immediate danger and such care is required to preserve the patients life.   3. The department shall adopt rules to authorize medical care procedures which can be initiated in accordance with written protocols prior to the establishment of communication.  [C79, 81, 147A.9]  84 Acts, ch 1287, 9; 89 Acts, ch 89, 12; 93 Acts, ch 58, 6, 7; 93 Acts, ch 107, 2; 95 Acts, ch 41, 18; 99 Acts, ch 141, 25 
147B.1 Interstate medical licensure compact.   1. Purpose.   a. In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the interstate medical licensure compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a states existing medical practice Act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located.   b. State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.   2. Definitions. In this compact:   a. Bylaws means those bylaws established by the interstate commission pursuant to subsection 11 for its governance, or for directing and controlling its actions and conduct.   b. Commissioner means the voting representative appointed by each member board pursuant to subsection 11.   c. Conviction means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.   d. Expedited license means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.   e. Interstate commission means the interstate commission created pursuant to this section.   f. License means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.   g. Medical practice act means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.   h. Member board means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.   i. Member state means a state that has enacted the compact.   j. Offense means a felony, gross misdemeanor, or crime of moral turpitude.   k. Physician means any person who satisfies all of the following:   (1) Is a graduate of a medical school accredited by the liaison committee on medical education, the commission on osteopathic college accreditation, or a medical school listed in the international medical education directory or its equivalent.   (2) Passed each component of the United States medical licensing examination or the comprehensive osteopathic medical licensing examination within three attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes.   (3) Successfully completed graduate medical education approved by the accreditation council for graduate medical education or the American osteopathic association.   (4) Holds specialty certification or a time-unlimited specialty certificate recognized by the American board of medical specialties or the American osteopathic associations bureau of osteopathic specialists.   (5) Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board.   (6) Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction.   (7) Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license.   (8) Has never had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration.   (9) Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.   l. Practice of medicine means the clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state.   m. Rule means a written statement by the interstate commission promulgated pursuant to subsection 12 that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.   n. State means any state, commonwealth, district, or territory of the United States.   o. State of principal license means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the compact.   3. Eligibility.   a. A physician must meet the eligibility requirements as defined in subsection 2, paragraph k, to receive an expedited license under the terms and provisions of the compact.   b. A physician who does not meet the requirements of subsection 2, paragraph k, may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.   4. Designation of state of principal license.   a. A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:   (1) The state of primary residence for the physician, or   (2) The state where at least twenty-five percent of the practice of medicine occurs, or   (3) The location of the physicians employer, or   (4) If no state qualifies under subparagraph (1), subparagraph (2), or subparagraph (3), the state designated as state of residence for purposes of federal income tax.   b. A physician may redesignate a member state as the state of principal license at any time, as long as the state meets the requirements in paragraph a.   c. The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.   5. Application and issuance of expedited licensure.   a. A physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.   b. Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physicians eligibility, to the interstate commission.   (1) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the interstate commission through rule, shall not be subject to additional primary source verification where already primary source-verified by the state of principal license.   (2) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the federal bureau of investigation, with the exception of federal employees who have suitability determination in accordance with  5 C.F.R. 731.202  .   (3) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.   c. Upon verification in paragraph b, physicians eligible for an expedited license shall complete the registration process established by the interstate commission to receive a license in a member state selected pursuant to paragraph a, including the payment of any applicable fees.   d. After receiving verification of eligibility under paragraph b and any fees under paragraph c, a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the medical practice act and all applicable laws and regulations of the issuing member board and member state.   e. An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.   f. An expedited license obtained through the compact shall be terminated if a physician fails to maintain a license in the state of principal license for a nondisciplinary reason, without redesignation of a new state of principal license.   g. The interstate commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.   6. Fees for expedited licensure.   a. A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact.   b. The interstate commission is authorized to develop rules regarding fees for expedited licenses.   7. Renewal and continued participation.   a. A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician satisfies the following:   (1) Maintains a full and unrestricted license in a state of principal license.   (2) Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction.   (3) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license.   (4) Has not had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration.   b. Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.   c. The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.   d. Upon receipt of any renewal fees collected in paragraph c, a member board shall renew the physicians license.   e. Physician information collected by the interstate commission during the renewal process will be distributed to all member boards.   f. The interstate commission is authorized to develop rules to address renewal of licenses obtained through the compact.   8. Coordinated information system.   a. The interstate commission shall establish a database of all physicians licensed, or who have applied for licensure, under subsection 5.   b. Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied or received an expedited license through the compact.   c. Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.   d. Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by paragraph c to the interstate commission.   e. Member boards shall share complaint or disciplinary information about a physician upon request of another member board.   f. All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.   g. The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.   9. Joint investigations.   a. Licensure and disciplinary records of physicians are deemed investigative.   b. In addition to the authority granted to a member board by its respective medical practice Act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.   c. A subpoena issued by a member state shall be enforceable in other member states.   d. Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.   e. Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.   10. Disciplinary actions.   a. Any disciplinary action taken by any member board against a physician licensed through the compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medical practice Act or regulations in that state.   b. If a license granted to a physician by the member board in the state of principal license is revoked, surrendered, or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physicians license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medical practice Act of that state.   c. If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided and either:   (1) Impose the same or lesser sanctions against the physician so long as such sanctions are consistent with the medical practice Act of that state, or   (2) Pursue separate disciplinary action against the physician under its respective medical practice Act, regardless of the action taken in other member states.   d. If a license granted to a physician by a member board is revoked, surrendered, or relinquished in lieu of discipline, or suspended, then any licenses issued to the physician by any other member boards shall be suspended, automatically and immediately without further action necessary by the other member boards, for ninety days upon entry of the order by the disciplining board, to permit the member boards to investigate the basis for the action under the medical practice Act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the ninety-day suspension period in a manner consistent with the medical practice Act of that state.   11. Interstate medical licensure compact commission.   a. The member states hereby create the interstate medical licensure compact commission.   b. The purpose of the interstate commission is the administration of the interstate medical licensure compact, which is a discretionary state function.   c. The interstate commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the compact, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.   d. The interstate commission shall consist of two voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A commissioner shall be one of the following:   (1) An allopathic or osteopathic physician appointed to a member board.   (2) An executive director, executive secretary, or similar executive of a member board.   (3) A member of the public appointed to a member board.   e. The interstate commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.   f. The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.   g. Each commissioner participating at a meeting of the interstate commission is entitled to one vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of paragraph d.   h. The interstate commission shall provide public notice of all meetings and all meetings shall be open to the public. The interstate commission may close a meeting, in full or in portion, where it determines by a two-thirds vote of the commissioners present that an open meeting would be likely to result in one or more of the following:   (1) Relate solely to the internal personnel practices and procedures of the interstate commission.   (2) Discuss matters specifically exempted from disclosure by federal statute.   (3) Discuss trade secrets, commercial, or financial information that is privileged or confidential.   (4) Involve accusing a person of a crime, or formally censuring a person.   (5) Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.   (6) Discuss investigative records compiled for law enforcement purposes.   (7) Specifically relate to the participation in a civil action or other legal proceeding.   i. The interstate commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.   j. The interstate commission shall make its information and official records, to the extent not otherwise designated in the compact or by its rules, available to the public for inspection.   k. The interstate commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. When acting on behalf of the interstate commission, the executive committee shall oversee the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as necessary.   l. The interstate commission may establish other committees for governance and administration of the compact.   12. Powers and duties of the interstate commission. The interstate commission shall have power to perform the following functions:   a. Oversee and maintain the administration of the compact.   b. Promulgate rules which shall be binding to the extent and in the manner provided for in the compact.   c. Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules, and actions.   d. Enforce compliance with compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.   e. Establish and appoint committees including but not limited to an executive committee as required by subsection 11, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties.   f. Pay, or provide for the payment of, the expenses related to the establishment, organization, and ongoing activities of the interstate commission.   g. Establish and maintain one or more offices.   h. Borrow, accept, hire, or contract for services of personnel.   i. Purchase and maintain insurance and bonds.   j. Employ an executive director who shall have such powers to employ, select, or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation.   k. Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.   l. Accept donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same in a manner consistent with the conflict of interest policies established by the interstate commission.   m. Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed.   n. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.   o. Establish a budget and make expenditures.   p. Adopt a seal and bylaws governing the management and operation of the interstate commission.   q. Report annually to the legislatures and governors of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the interstate commission.   r. Coordinate education, training, and public awareness regarding the compact, its implementation, and its operation.   s. Maintain records in accordance with the bylaws.   t. Seek and obtain trademarks, copyrights, and patents.   u. Perform such functions as may be necessary or appropriate to achieve the purposes of the compact.   13. Finance powers.   a. The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.   b. The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.   c. The interstate commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.   d. The interstate commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the interstate commission.   14. Organization and operation of the interstate commission.   a. The interstate commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact within twelve months of the first interstate commission meeting.   b. The interstate commission shall elect or appoint annually from among its commissioners a chairperson, a vice chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairpersons absence or disability, the vice chairperson, shall preside at all meetings of the interstate commission.   c. Officers selected in paragraph b shall serve without remuneration from the interstate commission.   d. The officers and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties, or responsibilities, provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.   (1) The liability of the executive director and employees of the interstate commission or representatives of the interstate commission, acting within the scope of such persons employment or duties for acts, errors, or omissions occurring within such persons state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this paragraph d shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.   (2) The interstate commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.   (3) To the extent not covered by the state involved, member state, or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.   15. Rulemaking functions of the interstate commission.   a. The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.   b. Rules deemed appropriate for the operations of the interstate commission shall be made pursuant to a rulemaking process that substantially conforms to the model state administrative procedure Act of 2010, and subsequent amendments thereto.   c. Not later than thirty days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate commission.   16. Oversight of interstate compact.   a. The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compacts purposes and intent. The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.   b. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact which may affect the powers, responsibilities, or actions of the interstate commission.   c. The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, the compact, or promulgated rules.   17. Enforcement of interstate compact.   a. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.   b. The interstate commission may, by majority vote of the commissioners, initiate legal action in the United States district court for the District of Columbia, or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.   c. The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.   18. Default procedures.   a. The grounds for default include but are not limited to failure of a member state to perform such obligations or responsibilities imposed upon it by the compact, or the rules and bylaws of the interstate commission promulgated under the compact.   b. If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the interstate commission shall do the following:   (1) Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default.   (2) Provide remedial training and specific technical assistance regarding the default.   c. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges, and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.   d. Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting states legislature, and each of the member states.   e. The interstate commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.   f. The member state which has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.   g. The interstate commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.   h. The defaulting state may appeal the action of the interstate commission by petitioning the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.   19. Dispute resolution.   a. The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states or member boards.   b. The interstate commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.   20. Member states, effective date, and amendment.   a. Any state is eligible to become a member state of the compact.   b. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.   c. The governors of nonmember states, or their designees, shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.   d. The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.   21. Withdrawal.   a. Once effective, the compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.   b. Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.   c. The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.   d. The interstate commission shall notify the other member states of the withdrawing states intent to withdraw within sixty days of its receipt of notice provided under paragraph c.   e. The withdrawing state is responsible for all dues, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.   f. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.   g. The interstate commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.   22. Dissolution.   a. The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.   b. Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.   23. Severability and construction.   a. The provisions of the compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.   b. The provisions of the compact shall be liberally construed to effectuate its purposes.   c. Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.   24. Binding effect of compact and other laws.   a. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.   b. All laws in a member state in conflict with the compact are superseded to the extent of the conflict.   c. All lawful actions of the interstate commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.   d. All agreements between the interstate commission and the member states are binding in accordance with their terms.   e. In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.  2015 Acts, ch 138, 82, 161, 162 
147C.1 Form of compact.   1. Article I  Purpose.   a. The purpose of this compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient is located at the time of the patient encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.   b. This compact is designed to achieve all of the following objectives:   (1) Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses.   (2) Enhance the states ability to protect the publics health and safety.   (3) Encourage the cooperation of member states in regulating multistate physical therapy practice.   (4) Support spouses of relocating military members.   (5) Enhance the exchange of licensure, investigative, and disciplinary information between member states.   (6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that states practice standards.   2. Article II  Definitions.   a. Active duty military means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. 1209 and 10 U.S.C. 1211.   b. Adverse action means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.   c. Alternative program means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes but is not limited to substance abuse issues.   d. Compact privilege means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient is located at the time of the patient encounter.   e. Continuing competence means a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.   f. Data system means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.   g. Encumbered license means a license that a physical therapy licensing board has limited in any way.   h. Executive board means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.   i. Home state means the member state that is the licensees primary state of residence.   j. Investigative information means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.   k. Jurisprudence requirement means the assessment of an individuals knowledge of the laws and rules governing the practice of physical therapy in a state.   l. Licensee means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.   m. Member state means a state that has enacted the compact.   n. Party state means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.   o. Physical therapist means an individual who is licensed by a state to practice physical therapy.   p. Physical therapist assistant means an individual who is licensed by a state and who assists the physical therapist in selected components of physical therapy.   q. Physical therapy, physical therapy practice, and the practice of physical therapy mean the care and services provided by or under the direction and supervision of a licensed physical therapist.   r. Physical therapy compact commission or commission means the national administrative body whose membership consists of all states that have enacted the compact.   s. Physical therapy licensing board or licensing board means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.   t. Remote state means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.   u. Rule means a regulation, principle, or directive promulgated by the commission that has the force of law.   v. State means any state, commonwealth, district, or territory of the United States that regulates the practice of physical therapy.   3. Article III  State participation in the compact.   a. To participate in the compact, a state must meet all of the following requirements:   (1) Participate fully in the commissions data system, including using the commissions unique identifier as defined in rules.   (2) Have a mechanism in place for receiving and investigating complaints about licensees.   (3) Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee.   (4) Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the federal bureau of investigation record search on criminal background checks and using the results in making licensure decisions in accordance with article III, paragraph b.   (5) Comply with the rules of the commission.   (6) Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the commission.   (7) Have continuing competence requirements as a condition for license renewal.   b. Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the federal bureau of investigation for a criminal background check in accordance with 28 U.S.C. 534 and 42 U.S.C. 14616.   c. A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.   d. Member states may charge a fee for granting a compact privilege.   4. Article IV  Compact privilege.   a. To exercise the compact privilege under the terms and provisions of the compact, the licensee shall meet all of the following requirements:   (1) Hold a license in the home state.   (2) Have no encumbrance on any state license.   (3) Be eligible for a compact privilege in any member state in accordance with article IV, paragraphs d, g, and h.   (4) Have not had any adverse action against any license or compact privilege within the previous two years.   (5) Notify the commission that the licensee is seeking the compact privilege within a remote state.   (6) Pay any applicable fees, including any state fee, for the compact privilege.   (7) Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege.   (8) Report to the commission adverse action taken by any nonmember state within thirty days from the date the adverse action is taken.   b. The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of article IV, paragraph a, to maintain the compact privilege in the remote state.   c. A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.   d. A licensee providing physical therapy in a remote state is subject to that states regulatory authority. A remote state may, in accordance with due process and that states laws, remove a licensees compact privilege in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.   e. If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until all of the following occur:   (1) The home state license is no longer encumbered.   (2) Two years have elapsed from the date of the adverse action.   f. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of article IV, paragraph a, to obtain a compact privilege in any remote state.   g. If a licensees compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until all of the following occur:   (1) The specific period of time for which the compact privilege was removed has ended.   (2) All fines have been paid.   (3) Two years have elapsed from the date of the adverse action.   h. Once the requirements of article IV, paragraph g, have been met, the license must meet the requirements in article IV, paragraph a, to obtain a compact privilege in a remote state.   5. Article V  Active duty military personnel or their spouses. A licensee who is active duty military or is the spouse of an individual who is active duty military may designate any of the following as the home state:   a. Home of record.   b. Permanent change of station.   c. State of current residence if it is different than the permanent change of station state or home of record.   6. Article VI  Adverse actions.   a. A home state shall have exclusive power to impose adverse action against a license issued by the home state.   b. A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.   c. Nothing in this compact shall override a member states decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member states laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.   d. Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.   e. A remote state shall have the authority to do all of the following:   (1) Take adverse actions as set forth in article IV, paragraph d, against a licensees compact privilege in the state.   (2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located.   (3) If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.   f. Joint investigations.   (1) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.   (2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.   7. Article VII  Establishment of the physical therapy compact commission.   a. The compact member states hereby create and establish a joint public agency known as the physical therapy compact commission.   (1) The commission is an instrumentality of the compact states.   (2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.   (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.   b. Membership, voting, and meetings.   (1) Each member state shall have and be limited to one delegate selected by that member states licensing board.   (2) The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.   (3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.   (4) The member state board shall fill any vacancy occurring in the commission.   (5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.   (6) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates participation in meetings by telephone or other means of communication.   (7) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.   c. The commission shall have all of the following powers and duties:   (1) Establish the fiscal year of the commission.   (2) Establish bylaws.   (3) Maintain its financial records in accordance with the bylaws.   (4) Meet and take such actions as are consistent with the provisions of this compact and the bylaws.   (5) Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states.   (6) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected.   (7) Purchase and maintain insurance and bonds.   (8) Borrow, accept, or contract for services of personnel, including but not limited to employees of a member state.   (9) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commissions personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.   (10) Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.   (11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, whether real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety.   (12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.   (13) Establish a budget and make expenditures.   (14) Borrow money.   (15) Appoint committees, including standing committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws.   (16) Provide and receive information from, and cooperate with, law enforcement agencies.   (17) Establish and elect an executive board.   (18) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of physical therapy licensure and practice.   d. The executive board.   (1) The executive board shall have the power to act on behalf of the commission according to the terms of this compact.   (2) The executive board shall be comprised of the following nine members:   (a) Seven voting members who are elected by the commission from the current membership of the commission.   (b) One ex officio, nonvoting member from the recognized national physical therapy professional association.   (c) One ex officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.   (3) The ex officio members will be selected by their respective organizations.   (4) The commission may remove any member of the executive board as provided in bylaws.   (5) The executive board shall meet at least annually.   (6) The executive board shall have all of the following duties and responsibilities:   (a) Recommend to the entire commission changes to the rules or bylaws, changes to this compact, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege.   (b) Ensure compact administration services are appropriately provided, contractual or otherwise.   (c) Prepare and recommend the budget.   (d) Maintain financial records on behalf of the commission.   (e) Monitor compact compliance of member states and provide compliance reports to the commission.   (f) Establish additional committees as necessary.   (g) Other duties as provided in rules or bylaws.   e. Meetings of the commission.   (1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in article IX.   (2) The commission or the executive board or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive board or other committees of the commission must discuss all of the following:   (a) Noncompliance of a member state with its obligations under the compact.   (b) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commissions internal personnel practices and procedures.   (c) Current, threatened, or reasonably anticipated litigation.   (d) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.   (e) Accusing any person of a crime or formally censuring any person.   (f) Disclosure of trade secrets or commercial or financial information that is privileged or confidential.   (g) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.   (h) Disclosure of investigative records compiled for law enforcement purposes.   (i) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.   (j) Matters specifically exempted from disclosure by federal or member state statute.   (3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.   (4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.   f. Financing of the commission.   (1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.   (2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.   (3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.   (4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.   (5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.   g. Qualified immunity, defense, and indemnification.   (1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this paragraph g shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.   (2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining the persons own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that persons intentional, willful, or wanton misconduct.   (3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.   8. Article VIII  Data system.   a. The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.   b. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including all of the following:   (1) Identifying information.   (2) Licensure data.   (3) Adverse actions against a license or compact privilege.   (4) Nonconfidential information related to alternative program participation.   (5) Any denial of application for licensure, and the reason for such denial.   (6) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.   c. Investigative information pertaining to a licensee in any member state will only be available to other party states.   d. The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.   e. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.   f. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.   9. Article IX  Rulemaking.   a. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.   b. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.   c. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.   d. Prior to promulgation and adoption of a final rule or rules by the commission, and at least thirty days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking as follows:   (1) On the internet site of the commission or other publicly accessible platform.   (2) On the internet site of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.   e. The notice of proposed rulemaking shall include all of the following:   (1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon.   (2) The text of the proposed rule or amendment and the reason for the proposed rule.   (3) A request for comments on the proposed rule from any interested person.   (4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.   f. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.   g. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by any of the following:   (1) At least twenty-five persons.   (2) A state or federal governmental subdivision or agency.   (3) An association having at least twenty-five members.   h. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.   (1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.   (2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.   (3) All hearings will be recorded. A copy of the recording will be made available on request.   (4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.   i. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.   j. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.   k. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.   l. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to do any of the following:   (1) Meet an imminent threat to public health, safety, or welfare.   (2) Prevent a loss of commission or member state funds.   (3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.   (4) Protect public health and safety.   m. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the internet site of the commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.   10. Article X  Oversight, dispute resolution, and enforcement.   a. Oversight.   (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compacts purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.   (2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.   (3) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.   b. Default, technical assistance, and termination.   (1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall do all of the following:   (a) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the commission.   (b) Provide remedial training and specific technical assistance regarding the default.   (2) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.   (3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting states legislature, and each of the member states.   (4) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.   (5) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact unless agreed upon in writing between the commission and the defaulting state.   (6) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.   c. Dispute resolution.   (1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.   (2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.   d. Enforcement.   (1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.   (2) By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.   (3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.   11. Article XI  Date of implementation of the interstate commission for physical therapy practice and associated rules, withdrawal, and amendment.   a. The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.   b. Any state that joins the compact subsequent to the commissions initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.   c. Any member state may withdraw from this compact by enacting a statute repealing the same.   (1) A member states withdrawal shall not take effect until six months after enactment of the repealing statute.   (2) Withdrawal shall not affect the continuing requirement of the withdrawing states physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.   d. Nothing contained in this compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.   e. This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.   12. Article XII  Construction and severability. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.  2018 Acts, ch 1087, 1; 2018 Acts, ch 1172, 20 
147D.1 Emergency medical services personnel licensure interstate compact.   1. Purpose. In order to protect the public through verification of competency and ensure accountability for patient care related activities all states license emergency medical services personnel, such as emergency medical technicians, advanced emergency medical technicians, and paramedics. This compact is intended to facilitate the day-to-day movement of emergency medical services personnel across state boundaries in the performance of their emergency medical services duties as assigned by an appropriate authority and authorize state emergency medical services offices to afford immediate legal recognition to emergency medical services personnel licensed in a member state. This compact recognizes that states have a vested interest in protecting the publics health and safety through their licensing and regulation of emergency medical services personnel and that such state regulation shared among the member states will best protect public health and safety. This compact is designed to achieve the following purposes and objectives:   a. Increase public access to emergency medical services personnel.   b. Enhance the states ability to protect the publics health and safety, especially patient safety.   c. Encourage the cooperation of member states in the areas of emergency medical services personnel licensure and regulation.   d. Support licensing of military members who are separating from an active duty tour and their spouses.   e. Facilitate the exchange of information between member states regarding emergency medical services personnel licensure, adverse action, and significant investigatory information.   f. Promote compliance with the laws governing emergency medical services personnel practice in each member state.   g. Invest all member states with the authority to hold emergency medical services personnel accountable through the mutual recognition of member state licenses.   2. Definitions. In this compact:   a. Advanced emergency medical technician or AEMT means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the national emergency medical services education standards and national emergency medical services scope of practice model.   b. Adverse action means any administrative, civil, equitable, or criminal action permitted by a states laws which may be imposed against licensed emergency medical services personnel by a state emergency medical services authority or state court, including but not limited to actions against an individuals license such as revocation, suspension, probation, consent agreement, monitoring, or other limitation or encumbrance on the individuals practice, letters of reprimand or admonition, fines, criminal convictions, and state court judgments enforcing adverse actions by the state emergency medical services authority.   c. Alternative program means a voluntary, nondisciplinary substance abuse recovery program approved by a state emergency medical services authority.   d. Certification means the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination.   e. Commission means the national administrative body of which all states that have enacted the compact are members.   f. Emergency medical technician or EMT means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the national emergency medical services education standards and national emergency medical services scope of practice model.   g. Home state means a member state where an individual is licensed to practice emergency medical services.   h. License means the authorization by a state for an individual to practice as an EMT, AEMT, paramedic, or a level between EMT and paramedic.   i. Medical director means a physician licensed in a member state who is accountable for the care delivered by emergency medical services personnel.   j. Member state means a state that has enacted this compact.   k. Paramedic means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the national emergency medical services education standards and national emergency medical services scope of practice model.   l. Privilege to practice means an individuals authority to deliver emergency medical services in remote states as authorized under this compact.   m. Remote state means a member state in which an individual is not licensed.   n. Restricted means the outcome of an adverse action that limits a license or the privilege to practice.   o. Rule means a written statement by the interstate commission promulgated pursuant to subsection 12 of this compact that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact; or is an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a member state and includes the amendment, repeal, or suspension of an existing rule.   p. Scope of practice means defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule, statute, or court decision, it tends to represent the limits of services an individual may perform.   q. Significant investigatory information means:   (1) Investigative information that a state emergency medical services authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice; or   (2) Investigative information that indicates that the individual represents an immediate threat to public health and safety regardless of whether the individual has been notified and had an opportunity to respond.   r. State means any state, commonwealth, district, or territory of the United States.   s. State emergency medical services authority means the board, office, or other agency with the legislative mandate to license emergency medical services personnel.   3. Home state licensure.   a. Any member state in which an individual holds a current license shall be deemed a home state for purposes of this compact.   b. Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this compact.   c. A home states license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:   (1) Currently requires the use of the national registry of emergency medical technicians examination as a condition of issuing initial licenses at the EMT and paramedic levels;   (2) Has a mechanism in place for receiving and investigating complaints about individuals;   (3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual;   (4) No later than five years after activation of the compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the federal bureau of investigation with the exception of federal employees who have suitability determination in accordance with  5 C.F.R. 731.202   and submit documentation of such as promulgated in the rules of the commission; and   (5) Complies with the rules of the commission.   4. Compact privilege to practice.   a. Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with subsection 3.   b. To exercise the privilege to practice under the terms and provisions of this compact, an individual must:   (1) Be at least eighteen years of age;   (2) Possess a current unrestricted license in a member state as an EMT, AEMT, paramedic, or state-recognized and licensed level with a scope of practice and authority between EMT and paramedic; and   (3) Practice under the supervision of a medical director.   c. An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state as may be defined in the rules of the commission.   d. Except as provided in paragraph c of this subsection, an individual practicing in a remote state will be subject to the remote states authority and laws. A remote state may, in accordance with due process and that states laws, restrict, suspend, or revoke an individuals privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action it shall promptly notify the home state and the commission.   e. If an individuals license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individuals home state license is restored.   f. If an individuals privilege to practice in any remote state is restricted, suspended, or revoked the individual shall not be eligible to practice in any remote state until the individuals privilege to practice is restored.   5. Conditions of practice in a remote state. An individual may practice in a remote state under a privilege to practice only in the performance of the individuals emergency medical services duties as assigned by an appropriate authority, as defined in the rules of the commission, and under the following circumstances:   a. The individual originates a patient transport in a home state and transports the patient to a remote state;   b. The individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state;   c. The individual enters a remote state to provide patient care and/or transport within that remote state;   d. The individual enters a remote state to pick up a patient and provide care and transport to a third member state;   e. Other conditions as determined by rules promulgated by the commission.   6. Relationship to emergency management assistance compact. Upon a member states governors declaration of a state of emergency or disaster that activates the emergency management assistance compact, all relevant terms and provisions of the emergency management assistance compact shall apply and to the extent any terms or provisions of this compact conflict with the emergency management assistance compact, the terms of the emergency management assistance compact shall prevail with respect to any individual practicing in the remote state in response to such declaration.   7. Veterans, service members separating from active duty military, and their spouses.   a. Member states shall consider a veteran, active military service member, and member of the national guard and reserves separating from an active duty tour, and a spouse thereof, who holds a current, valid, unrestricted national registry of emergency medical technicians certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for such licensure.   b. Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the national guard and reserves separating from an active duty tour, and their spouses.   c. All individuals functioning with a privilege to practice under this section remain subject to the adverse actions provisions of subsection 8.   8. Adverse actions.   a. A home state shall have exclusive power to impose adverse action against an individuals license issued by the home state.   b. If an individuals license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individuals home state license is restored.   (1) All home state adverse action orders shall include a statement that the individuals compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home states and remote states emergency medical services authority.   (2) An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home states and remote states emergency medical services authority.   c. A member state shall report adverse actions and any occurrences that the individuals compact privileges are restricted, suspended, or revoked to the commission in accordance with the rules of the commission.   d. A remote state may take adverse action on an individuals privilege to practice within that state.   e. Any member state may take adverse action against an individuals privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.   f. A home states emergency medical services authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home states law shall control in determining the appropriate adverse action.   g. Nothing in this compact shall override a member states decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member states laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.   9. Additional powers invested in a member states emergency medical services authority. A member states emergency medical services authority, in addition to any other powers granted under state law, is authorized under this compact to:   a. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member states emergency medical services authority for the attendance and testimony of witnesses, and/or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that courts practice and procedure in considering subpoenas issued in its own proceedings. The issuing state emergency medical services authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and   b. Issue cease and desist orders to restrict, suspend, or revoke an individuals privilege to practice in the state.   10. Establishment of the interstate commission for emergency medical services personnel practice.   a. The compact states hereby create and establish a joint public agency known as the interstate commission for emergency medical services personnel practice.   (1) The commission is a body politic and an instrumentality of the compact states.   (2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.   (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.   b. Membership, voting, and meetings.   (1) Each member state shall have and be limited to one delegate. The responsible official of the state emergency medical services authority or his designee shall be the delegate to this compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the member state in which the vacancy exists. In the event that more than one board, office, or other agency with the legislative mandate to license emergency medical services personnel at and above the level of EMT exists, the governor of the state will determine which entity will be responsible for assigning the delegate.   (2) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates participation in meetings by telephone or other means of communication.   (3) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.   (4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in subsection 12.   (5) The commission may convene in a closed, nonpublic meeting if the commission must discuss:   (a) Noncompliance of a member state with its obligations under the compact;   (b) The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees, or other matters related to the commissions internal personnel practices and procedures;   (c) Current, threatened, or reasonably anticipated litigation;   (d) Negotiation of contracts for the purchase or sale of goods, services, or real estate;   (e) Accusing any person of a crime or formally censuring any person;   (f) Disclosure of trade secrets or commercial or financial information that is privileged or confidential;   (g) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;   (h) Disclosure of investigatory records compiled for law enforcement purposes;   (i) Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or   (j) Matters specifically exempted from disclosure by federal or member state statute.   (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.   c. The commission shall, by a majority vote of the delegates, prescribe bylaws and rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to:   (1) Establishing the fiscal year of the commission;   (2) Providing reasonable standards and procedures:   (a) For the establishment and meetings of other committees; and   (b) Governing any general or specific delegation of any authority or function of the commission;   (3) Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the publics interest, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the membership votes to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed;   (4) Establishing the titles, duties and authority, and reasonable procedures for the election of the officers of the commission;   (5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any member state, the bylaws shall exclusively govern the personnel policies and programs of the commission;   (6) Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees;   (7) Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment and/or reserving of all of its debts and obligations;   (8) The commission shall publish its bylaws and file a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states, if any;   (9) The commission shall maintain its financial records in accordance with the bylaws; and   (10) The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.   d. The commission shall have the following powers:   (1) The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states;   (2) To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state emergency medical services authority or other regulatory body responsible for emergency medical services personnel licensure to sue or be sued under applicable law shall not be affected;   (3) To purchase and maintain insurance and bonds;   (4) To borrow, accept, or contract for services of personnel, including but not limited to employees of a member state;   (5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the commissions personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;   (6) To accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same, provided that at all times the commission shall strive to avoid any appearance of impropriety and/or conflict of interest;   (7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed, provided that at all times the commission shall strive to avoid any appearance of impropriety;   (8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;   (9) To establish a budget and make expenditures;   (10) To borrow money;   (11) To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;   (12) To provide and receive information from, and to cooperate with, law enforcement agencies;   (13) To adopt and use an official seal; and   (14) To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of emergency medical services personnel licensure and practice.   e. Financing of the commission.   (1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.   (2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.   (3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.   (4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.   (5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.   f. Qualified immunity, defense, and indemnification.   (1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.   (2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further that the actual or alleged act, error, or omission did not result from that persons intentional or willful or wanton misconduct.   (3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred, within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.   11. Coordinated database.   a. The commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states.   b. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated database on all individuals to whom this compact is applicable as required by the rules of the commission, including:   (1) Identifying information;   (2) Licensure data;   (3) Significant investigatory information;   (4) Adverse actions against an individuals license;   (5) An indicator that an individuals privilege to practice is restricted, suspended, or revoked;   (6) Nonconfidential information related to alternative program participation;   (7) Any denial of application for licensure, and the reason(s) for such denial; and   (8) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.   c. The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state.   d. Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state.   e. Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.   12. Rulemaking.   a. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.   b. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any member state.   c. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.   d. Prior to promulgation and adoption of a final rule or rules by the commission, and at least sixty days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:   (1) On the internet site of the commission; and   (2) On the internet site of each member state emergency medical services authority or the publication in which each state would otherwise publish proposed rules.   e. The notice of proposed rulemaking shall include:   (1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;   (2) The text of the proposed rule or amendment and the reason for the proposed rule;   (3) A request for comments on the proposed rule from any interested person; and   (4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.   f. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.   g. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:   (1) At least twenty-five persons;   (2) A governmental subdivision or agency; or   (3) An association having at least twenty-five members.   h. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing.   (1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.   (2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.   (3) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the commission from making a transcript or recording of the hearing if it so chooses.   (4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.   i. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.   j. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.   k. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.   l. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:   (1) Meet an imminent threat to public health, safety, or welfare;   (2) Prevent a loss of commission or member state funds;   (3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or   (4) Protect public health and safety.   m. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.   13. Oversight, dispute resolution, and enforcement.   a. Oversight.   (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compacts purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.   (2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.   (3) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.   b. Default, technical assistance, and termination.   (1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:   (a) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the commission; and   (b) Provide remedial training and specific technical assistance regarding the default.   (2) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.   (3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting states legislature, and each of the member states.   (4) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.   (5) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.   (6) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorneys fees.   c. Dispute resolution.   (1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.   (2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.   d. Enforcement.   (1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.   (2) By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorneys fees.   (3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.   14. Date of implementation of the interstate commission for emergency medical services personnel practice and associated rules, withdrawal, and amendment.   a. The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.   b. Any state that joins the compact subsequent to the commissions initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.   c. Any member state may withdraw from this compact by enacting a statute repealing the same.   (1) A member states withdrawal shall not take effect until six months after enactment of the repealing statute.   (2) Withdrawal shall not affect the continuing requirement of the withdrawing states emergency medical services authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.   d. Nothing contained in this compact shall be construed to invalidate or prevent any emergency medical services personnel licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.   e. This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.   15. Construction and severability. This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of emergency medical services agencies.  2019 Acts, ch 90, 1  Emergency management assistance compact, see 29C.1 
148.1 Persons engaged in practice.   For the purpose of this subtitle, the following classes of persons shall be deemed to be engaged in the practice of medicine and surgery or osteopathic medicine and surgery:   1. Persons who publicly profess to be physicians and surgeons or osteopathic physicians and surgeons, or who publicly profess to assume the duties incident to the practice of medicine and surgery or osteopathic medicine and surgery.   2. Persons who prescribe, or prescribe and furnish, medicine for human ailments or treat the same by surgery.   3. Persons who act as representatives of any person in doing any of the things mentioned in this section.  [C97, 2579; C24, 27, 31, 35, 39, 2538; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 148.1]  2008 Acts, ch 1088, 44; 2009 Acts, ch 41, 170, 264  Referred to in 148.2 
148.10 Temporary license.   1. The board may, in its discretion, issue a temporary license authorizing the licensee to practice medicine and surgery or osteopathic medicine and surgery in a specific location or locations and for a specified period of time if, in the opinion of the board, a need exists and the person possesses the qualifications prescribed by the board for the license, which shall be substantially equivalent to those required for licensure under this chapter. The board shall determine in each instance those eligible for the license, whether or not examinations shall be given, and the type of examinations. No requirements of the law pertaining to regular permanent licensure are mandatory for the temporary license except as specifically designated by the board. The granting of a temporary license does not in any way indicate that the person so licensed is necessarily eligible for regular licensure or that the board in any way is obligated to so license the person.   2. The temporary license shall be issued for a period not to exceed one year and may be renewed, but a person shall not practice medicine and surgery or osteopathic medicine and surgery in excess of three years while holding a temporary license. The fee for the license and the fee for renewal of the license shall be set by the board. The fees shall be based on the administrative costs of issuing and renewing the licenses.  [C66, 71, 73, 75, 77, 79, 81, 148.10]  87 Acts, ch 128, 1; 2004 Acts, ch 1167, 5; 2007 Acts, ch 10, 95; 2007 Acts, ch 215, 248; 2008 Acts, ch 1088, 53 
148.11 Special license to practice medicine and surgery or osteopathic medicine and surgery.   1. Whenever the need exists, the board may issue a special license. The special license shall authorize the licensee to practice medicine and surgery or osteopathic medicine and surgery under the policies and standards applicable to the health care services of a medical or osteopathic medical school academic staff member or as otherwise specified in the special license.   2. A person applying for a special license shall:   a. Be a physician in a professional specialty.   b. Present a diploma issued by a medical or osteopathic medical college.   c. Present evidence of an unrestricted license to practice medicine and surgery or osteopathic medicine and surgery which has been issued by a foreign state or territory or an alien country.   d. Present a letter of recommendation from the dean of a medical or osteopathic medical school in this state indicating that the applicant has been invited to serve on the academic staff of the medical or osteopathic medical school.   e. Present letters of recommendation from universities, other educational institutions, or research facilities that indicate the noteworthy professional attainment by the applicant.   f. Present biographical background information concerning the applicants education and qualifications.   3. The board shall establish a fee for initial issuance and renewal of a special license. The board shall establish rules for granting and renewing a special license consistent with those for permanent licenses.   4. A special license issued under this section shall automatically expire upon the special licensee discontinuing service on the academic staff of a medical or osteopathic medical school in this state. An expired special license shall not be renewed. However, a former special licensee may reapply for a special license.  [C77, 79, 81, 148.11]  2007 Acts, ch 10, 96; 2008 Acts, ch 1088, 54 
148.11A Administrative medicine license.   1. As used in this section:   a. Administrative medicine means administration or management utilizing the medical and clinical knowledge, skill, and judgment of a person licensed to practice medicine and surgery or osteopathic medicine and surgery and capable of affecting the health and safety of the public or any person.   b. Administrative medicine license means a license issued by the board pursuant to this section.   2. An application for an administrative medicine license shall be made to the board. An applicant for an administrative medicine license shall meet all of the requirements established in section 148.3 and any additional requirements established by the board by rule. The board shall also adopt rules governing the initial issuance and renewal of administrative medicine licenses and establishing fees therefor. All license and renewal fees shall be paid to the board.   3. a. A physician with an administrative medicine license may do any of the following:   (1) Advise public or private organizations on health care matters.   (2) Authorize or deny payments for care.   (3) Organize or direct research programs.   (4) Review care provided for quality.   (5) Perform other similar duties that do not require direct patient care.   b. An administrative medicine license does not convey the authority to do any of the following, unless the person is otherwise licensed to perform such duties:   (1) Practice clinical medicine.   (2) Examine, care for, or treat patients.   (3) Prescribe medications including controlled substances.   (4) Delegate medical acts or prescriptive authority to others.   4. A person issued an administrative medicine license is subject to the same laws and rules governing the practice of medicine as a person issued a license to practice medicine and surgery or osteopathic medicine and surgery under this chapter unless otherwise provided by the board by rule.  2015 Acts, ch 41, 2 
148.12 Voluntary agreements.   The board, after due notice and hearing, may issue an order to revoke, suspend, or restrict a license to practice medicine and surgery or osteopathic medicine and surgery, or to issue a restricted license on application if the board determines that a physician licensed to practice medicine and surgery or osteopathic medicine and surgery or an applicant for licensure has entered into a voluntary agreement to restrict the practice of medicine and surgery or osteopathic medicine and surgery in another state, district, territory, country, or an agency of the federal government. A certified copy of the voluntary agreement shall be considered prima facie evidence.  86 Acts, ch 1211, 17; 92 Acts, ch 1183, 19; 2005 Acts, ch 89, 14; 2007 Acts, ch 10, 97; 2008 Acts, ch 1088, 55 
148.13 Authority of board as to supervising physicians and review of contested cases under chapter 148C  rules.   1. The board of medicine shall adopt rules setting forth in detail its criteria and procedures for determining the ineligibility of a physician to serve as a supervising physician under chapter 148C. The rules shall provide that a physician may serve as a supervising physician under chapter 148C until such time as the board of medicine determines, following normal disciplinary procedures, that the physician is ineligible to serve in that capacity.   2. The board of medicine shall establish by rule specific procedures for consulting with and considering the advice of the board of physician assistants in determining whether to initiate a disciplinary proceeding under chapter 17A against a licensed physician in a matter involving the supervision of a physician assistant.   3. In exercising their respective authorities, the board of medicine and the board of physician assistants shall cooperate with the goal of encouraging the utilization of physician assistants in a manner that is consistent with the provision of quality health care and medical services for the citizens of Iowa.   4. The board of medicine shall adopt rules requiring a physician serving as a supervising physician to notify the board of medicine of the identity of a physician assistant the physician is supervising, and of any change in the status of the supervisory relationship.  88 Acts, ch 1225, 14; 2003 Acts, ch 93, 4, 5, 14; 2007 Acts, ch 10, 98 
148.13A Board authority over physicians supervising certain psychologists.   The board of medicine shall, in consultation with the board of psychology, establish by rule all of the following:   1. Specific minimum standards for the appropriate supervision of a psychologist prescribing medication pursuant to a conditional prescription certificate under chapter 154B. Such standards shall include requiring a physician serving as a supervising licensed physician to notify the board of medicine of the identity of the psychologist the physician is supervising and any change in the status of the supervisory relationship.   2. The process for initiating and conducting disciplinary proceedings under chapter 17A if a licensed physician fails to adequately supervise a psychologist prescribing psychotropic medications pursuant to a prescription certificate under chapter 154B. The rule shall take into account the deliberations of the board in making such a determination.  2016 Acts, ch 1112, 4  Referred to in 154B.10 
148.13B Requirements for prescription certificates for psychologists  joint rules.   1. The board of medicine and the board of psychology shall adopt joint rules in regard to the following:   a. Education and training requirements for prescription certificates pursuant to sections 154B.10 and 154B.11.   b. Specific minimum standards for the terms, conditions, and framework governing the collaborative practice agreement and for governing the limitations on the prescriptions eligible to be prescribed and populations eligible to be prescribed to as specified in section 154B.1, subsection 2.   2. The board of medicine shall consult with the university of Iowa Carver college of medicine and clinical and counseling psychology doctoral programs at regents institutions in the development of the rules pertaining to education and training requirements in sections 154B.10 and 154B.11.   3. The joint rules, and any amendments thereto, adopted by the board of medicine and the board of psychology pursuant to this section and section 154B.14 shall only be adopted by agreement of both boards through a joint rule-making process.  2016 Acts, ch 1112, 5  Referred to in 154B.14 
148.14 Board of medicine investigators.   The board of medicine may appoint investigators, who shall not be members of the board, and whose compensation shall be determined pursuant to chapter 8A, subchapter IV. Investigators appointed by the board have the powers and status of peace officers when enforcing this chapter, chapter 147, and chapter 272C.  2008 Acts, ch 1088, 56; 2009 Acts, ch 133, 55 
148.2 Persons not engaged in practice.   Section 148.1 shall not be construed to include the following classes of persons:   1. Persons who advertise or sell patent or proprietary medicines.   2. Persons who advertise, sell, or prescribe natural mineral waters flowing from wells or springs.   3. Students of medicine and surgery or osteopathic medicine and surgery who have completed at least two years study in a medical school or a college of osteopathic medicine and surgery, approved by the board, and who prescribe medicine under the supervision of a licensed physician and surgeon or licensed osteopathic physician and surgeon, or who render gratuitous service to persons in case of emergency.   4. Licensed podiatric physicians, chiropractors, physical therapists, nurses, dentists, optometrists, and pharmacists who are exclusively engaged in the practice of their respective professions.   5. Physicians and surgeons or osteopathic physicians and surgeons of the United States army, navy, air force, marines, public health service, or other uniformed service when acting in the line of duty in this state, and holding a current, active permanent license in good standing in another state, district, or territory of the United States, or physicians and surgeons or osteopathic physicians and surgeons licensed in another state, when incidentally called into this state in consultation with a physician and surgeon or osteopathic physician and surgeon licensed in this state.  [C97, 2579, 2581; S13, 2581; C24, 27, 31, 35, 39, 2539; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 148.2]  96 Acts, ch 1034, 68; 2006 Acts, ch 1184, 90; 2007 Acts, ch 10, 86; 2008 Acts, ch 1088, 45 
148.2A Board of medicine  alternate members.   1. As used in this chapter, board means the board of medicine established in chapter 147.   2. Notwithstanding sections 17A.11, 69.16, 69.16A, 147.12, 147.14, and 147.19, the board may have a pool of up to ten alternate members, including members licensed to practice under this chapter and members not licensed to practice under this chapter, to substitute for board members who are disqualified or become unavailable for any other reason for contested case hearings.   a. The board may recommend, subject to approval by the governor, up to ten people to serve in a pool of alternate members.   b. A person serves in the pool of alternate members at the discretion of the board; however, the length of time an alternate member may serve in the pool shall not exceed nine years. A person who serves as an alternate member may later be appointed to the board and may serve nine years, in accordance with sections 147.12 and 147.19. A former board member may serve in the pool of alternate members.   c. An alternate member licensed under this chapter shall hold an active license and shall have been actively engaged in the practice of medicine and surgery or osteopathic medicine and surgery in the preceding three years, with the two most recent years of practice being in Iowa.   d. When a sufficient number of board members are unavailable to hear a contested case, the board may request alternate members to serve.   e. Notwithstanding section 17A.11, section 147.14, subsection 2, and section 272C.6, subsection 5:   (1) An alternate member is deemed a member of the board only for the hearing panel for which the alternate member serves.   (2) A hearing panel containing alternate members must include at least six people.   (3) At least half of the members of a hearing panel containing alternate members shall be current members of the board.   (4) At least half of the members of a hearing panel containing alternate members shall be licensed to practice under this chapter.   (5) A decision of a hearing panel containing alternate members is considered a final decision of the board.   f. An alternate member shall not receive compensation in excess of that authorized by law for a board member.  92 Acts, ch 1183, 11; 2007 Acts, ch 10, 87; 2008 Acts, ch 1088, 46; 2009 Acts, ch 133, 52; 2014 Acts, ch 1106, 21  Referred to in 148.7 
148.2B Executive director.   The salary of the executive director of the board shall be established by the governor with approval of the executive council pursuant to section 8A.413, subsection 3, under the pay plan for exempt positions in the executive branch of government.  2008 Acts, ch 1088, 47 
148.3 License to practice.   1. An applicant for a license to practice medicine and surgery or osteopathic medicine and surgery shall present to the board all of the following:   a. Evidence of a diploma issued by a medical college or college of osteopathic medicine and surgery approved by the board, or other evidence of equivalent medical education approved by the board. The board may accept, in lieu of a diploma from a medical college or college of osteopathic medicine and surgery approved by the board, all of the following:   (1) A diploma issued by a medical college or college of osteopathic medicine and surgery which has been neither approved nor disapproved by the board.   (2) A valid standard certificate issued by the educational commission for foreign medical graduates or similar accrediting agency.   b. Evidence of having passed an examination prescribed by the board which shall include subjects which determine the applicants qualifications to practice medicine and surgery or osteopathic medicine and surgery and which shall be given according to the methods deemed by the board to be the most appropriate and practicable. However, one or more examinations as prescribed by the board or any other national standardized examination which the board approves may be administered to any or all applicants in lieu of or in conjunction with other examinations which the board prescribes. The board may establish necessary achievement levels on all examinations for a passing grade and adopt rules relating to examinations.   c. Satisfactory evidence that the applicant has successfully completed one year of postgraduate internship or resident training in a hospital approved for such training by the board. An applicant who holds a valid certificate issued by the educational commission for foreign medical graduates shall submit satisfactory evidence of successful completion of two years of such training.   2. An application for a license shall be made to the board of medicine. All license and renewal fees shall be paid to the board.   3. The board shall give priority to the processing of applications for licensure submitted by physicians and surgeons and osteopathic physicians and surgeons whose practice will primarily involve provision of service to underserved populations, including but not limited to minorities or low-income persons, or who live in rural areas.   4. The issuance of reciprocal agreements pursuant to section 147.44 is not required and is subject to the discretion of the board.  1. [C97, 2582; S13, 2582; C24, 27, 31, 35, 39, 2540; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 148.3; 82 Acts, ch 1005, 4]  2. [C97, 2576; S13, 2576; C24, 27, 31, 35, 39, 2540; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 148.3]  3. [C27, 31, 35, 39, 2540; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 148.3]  90 Acts, ch 1086, 9, 10; 92 Acts, ch 1183, 12; 2004 Acts, ch 1168, 7; 2007 Acts, ch 10, 88; 2008 Acts, ch 1088, 48; 2009 Acts, ch 41, 55; 2009 Acts, ch 133, 53; 2010 Acts, ch 1069, 19; 2010 Acts, ch 1163, 2  Referred to in 147.49, 148.8A, 148.11A, 272C.2C 
148.4 Certificates of national board. Repealed by  2008 Acts, ch 1088, 79  . 
148.5 Resident physician license.   A physician, who is a graduate of a medical school or college of osteopathic medicine and surgery and is serving as a resident physician who is not otherwise licensed to practice medicine and surgery or osteopathic medicine and surgery in this state, shall be required to obtain from the board a license to practice as a resident physician. The license shall be designated Resident Physician License and shall authorize the licensee to serve as a resident physician only, under the supervision of a licensed practitioner of medicine and surgery or osteopathic medicine and surgery, in an institution approved for such training by the board. A license shall be valid for a duration as determined by the board. The fee for each license shall be set by the board to cover the administrative costs of issuing the license. The board shall determine in each instance those eligible for a license, whether or not examinations shall be given, and the type of examinations. Requirements of the law pertaining to regular permanent licensure shall not be mandatory for a resident physician license except as specifically designated by the board. The granting of a resident physician license does not in any way indicate that the person licensed is necessarily eligible for regular permanent licensure, or that the board in any way is obligated to license the individual.  [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 148.5]  90 Acts, ch 1086, 11; 92 Acts, ch 1183, 14; 2000 Acts, ch 1140, 32; 2007 Acts, ch 10, 90; 2008 Acts, ch 1088, 49 
148.6 Licensee discipline  criminal penalty.   1. The board, after due notice and hearing in accordance with chapter 17A, may issue an order to discipline a licensee for any of the grounds set forth in section 147.55, chapter 272C, or this subsection. Notwithstanding section 272C.3, licensee discipline may include a civil penalty not to exceed ten thousand dollars.   2. Pursuant to this section, the board may discipline a licensee who is guilty of any of the following acts or offenses:   a. Knowingly making misleading, deceptive, untrue, or fraudulent representation in the practice of the physicians profession.   b. Violating a statute or law of this state, another state, or the United States, without regard to its designation as either felony or misdemeanor, which statute or law relates to the practice of medicine.   c. Having the license to practice medicine and surgery or osteopathic medicine and surgery revoked or suspended, or having other disciplinary action taken by a licensing authority of another state, territory, or country. A certified copy of the record or order of suspension, revocation, or disciplinary action is prima facie evidence.   d. Knowingly aiding, assisting, procuring, or advising a person to unlawfully practice medicine and surgery or osteopathic medicine and surgery.   e. Being adjudged mentally incompetent by a court of competent jurisdiction. Such adjudication shall automatically suspend a license for the duration of the license unless the board orders otherwise.   f. Being guilty of a willful or repeated departure from, or the failure to conform to, the minimal standard of acceptable and prevailing practice of medicine and surgery or osteopathic medicine and surgery in which proceeding actual injury to a patient need not be established; or the committing by a physician of an act contrary to honesty, justice, or good morals, whether the same is committed in the course of the physicians practice or otherwise, and whether committed within or without this state.   g. Inability to practice medicine and surgery or osteopathic medicine and surgery with reasonable skill and safety by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or other type of material or as a result of a mental or physical condition.   (1) The board may, upon probable cause, compel a physician to submit to a mental or physical examination by designated physicians or to submit to alcohol or drug screening within a time specified by the board.   (2) A person licensed to practice medicine and surgery or osteopathic medicine and surgery who makes application for the renewal of a license, as required by section 147.10, gives consent to submit to a mental or physical examination as provided by this paragraph g when directed in writing by the board. All objections shall be waived as to the admissibility of an examining physicians testimony or examination reports on the grounds that they constitute privileged communication. The medical testimony or examination reports shall not be used against a physician in another proceeding and shall be confidential, except for other actions filed against a physician to revoke or suspend a license.   h. Willful or repeated violation of lawful rule or regulation adopted by the board or violating a lawful order of the board, previously entered by the board in a disciplinary or licensure hearing, or violating the terms and provisions of a consent agreement or informal settlement between a licensee and the board.   3. A person violating the provisions of section 147.2, 147.84, or 147.85, shall upon conviction be guilty of a class D felony.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 148.6]  90 Acts, ch 1086, 12  14; 92 Acts, ch 1183, 15; 2007 Acts, ch 10, 91; 2008 Acts, ch 1088, 50; 2009 Acts, ch 133, 54; 2020 Acts, ch 1103, 14, 31  Referred to in 146A.1, 148.7, 148H.7, 272C.3, 272C.4, 272C.5  Service of notice,  R.C.P. 1.305   and  1.306 
148.7 Procedure for licensee discipline.   A proceeding for the revocation or suspension of a license to practice medicine and surgery or osteopathic medicine and surgery or to discipline a person licensed to practice medicine and surgery or osteopathic medicine and surgery shall be substantially in accord with the following procedure:   1. The board may, upon its own motion or upon receipt of a complaint in writing, order an investigation. The board may, upon its own motion, order a hearing. A written notice of the time and place of the hearing together with a statement of the charges shall be served upon the licensee at least ten days before the hearing in the manner required for the service of notice of the commencement of an ordinary action or by restricted certified mail.   2. If the whereabouts of the licensee is unknown, service may be had by publication as provided in the rules of civil procedure upon filing the affidavit required by the rules. In case the licensee fails to appear, either in person or by counsel at the time and place designated in the notice, the board shall proceed with the hearing as provided in this section.   3. a. The hearing shall be before a member or members designated by the board or before an administrative law judge appointed by the board according to the requirements of section 17A.11, subsection 1. The presiding board member or administrative law judge may issue subpoenas, administer oaths, and take or cause depositions to be taken in connection with the hearing. The presiding board member or administrative law judge shall issue subpoenas at the request and on behalf of the licensee.   b. The administrative law judge shall be an attorney vested with full authority of the board to schedule and conduct hearings. The administrative law judge shall prepare and file with the board the administrative law judges findings of fact and conclusions of law, together with a complete written transcript of all testimony and evidence introduced at the hearing and all exhibits, pleas, motions, objections, and rulings of the administrative law judge.   4. Disciplinary hearings held pursuant to section 272C.6, subsection 1, shall be heard by the board, or by a panel of not less than six members, at least three of whom are board members, and the remaining appointed pursuant to section 148.2A, with no more than three of the six being public members. Notwithstanding chapters 17A and 21, a disciplinary hearing shall be open to the public at the discretion of the licensee.   5. A record of the proceedings shall be kept. The licensee shall have the opportunity to appear personally and by an attorney, with the right to produce evidence on the licensees own behalf, to examine and cross-examine witnesses, and to examine documentary evidence produced against the licensee.   6. If a person refuses to obey a subpoena issued by the presiding member or administrative law judge or to answer a proper question during the hearing, the presiding member or administrative law judge may invoke the aid of a court of competent jurisdiction or judge of this court in requiring the attendance and testimony of the person and the production of papers. A failure to obey the order of the court may be punished by the court as a civil contempt may be punished.   7. Unless the hearing is before the entire board, a transcript of the proceeding, together with exhibits presented, shall be considered by the entire board at the earliest practicable time. The licensee and the licensees attorney shall have the opportunity to appear personally to present the licensees position and arguments to the board. The board shall determine the charge or charges upon the merits on the basis of the evidence in the record before it.   8. If a majority of the members of the board vote in favor of finding the licensee guilty of an act or offense specified in section 147.55 or 148.6, the board shall prepare written findings of fact and its decision imposing one or more of the following disciplinary measures:   a. Suspend the licensees license to practice the profession for a period to be determined by the board.   b. Revoke the licensees license to practice the profession.   c. Suspend imposition of judgment and penalty or impose the judgment and penalty, but suspend enforcement and place the physician on probation. The probation ordered may be vacated upon noncompliance. The board may restore and reissue a license to practice medicine and surgery or osteopathic medicine and surgery, but may impose a disciplinary or corrective measure which the board might originally have imposed. A copy of the boards order, findings of fact, and decision, shall be served on the licensee in the manner of service of an original notice or by certified mail return receipt requested.   9. Judicial review of the boards action may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.   10. The boards order revoking or suspending a license to practice medicine and surgery or osteopathic medicine and surgery or to discipline a licensee shall remain in force and effect until the appeal is finally determined and disposed of upon its merit.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 148.7]  88 Acts, ch 1109, 16; 90 Acts, ch 1086, 15; 92 Acts, ch 1183, 16, 17; 98 Acts, ch 1202, 31, 46; 2003 Acts, ch 44, 114; 2007 Acts, ch 10, 92; 2008 Acts, ch 1088, 51  Referred to in 272C.5  Manner of service,  R.C.P. 1.302  1.315 
148.8 Voluntary surrender of license.   The board may accept the voluntary surrender of a license if accompanied by a written statement of intention. A voluntary surrender, when accepted, has the same force and effect as an order of revocation.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 148.8]  92 Acts, ch 1183, 18; 2007 Acts, ch 10, 93  Referred to in 272C.5 
148.8A Relinquishment of a license  failure to renew or reinstate.   A persons license to practice medicine and surgery or osteopathic medicine and surgery shall be deemed relinquished if the person fails to apply for renewal or reinstatement of the license within five years after its expiration. A license shall not be reinstated, reissued, or restored once it is relinquished. The person may apply for a new license pursuant to section 148.3 and applicable administrative rules.  2015 Acts, ch 41, 1  Referred to in 272C.5 
148.9 Reinstatement.   Any person whose license has been suspended may apply to the board for reinstatement at any time and the board may hold a hearing on any such petition and may order reinstatement and impose terms and conditions thereof and issue a certificate of reinstatement.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, 148.9]  2007 Acts, ch 10, 94; 2008 Acts, ch 1088, 52  Referred to in 272C.5 
148A.1 Definitions  referral  authorization.   1. a. As used in this chapter, board means the board of physical and occupational therapy created under chapter 147.   b. As used in this chapter, physical therapy is that branch of science that deals with the evaluation and treatment of human capabilities and impairments. Physical therapy uses the effective properties of physical agents including, but not limited to, mechanical devices, heat, cold, air, light, water, electricity, and sound, and therapeutic exercises, and rehabilitative procedures to prevent, correct, minimize, or alleviate a physical impairment. Physical therapy includes the interpretation of performances, tests, and measurements, the establishment and modification of physical therapy programs, treatment planning, consultative services, instructions to the patients, and the administration and supervision attendant to physical therapy facilities.   2. Physical therapy evaluation and treatment may be rendered by a physical therapist with or without a referral from a physician, podiatric physician, dentist, or chiropractor, except that a hospital may require that physical therapy evaluation and treatment provided in the hospital shall be done only upon prior review by and authorization of a member of the hospitals medical staff.  [C66, 71, 73, 75, 77, 79, 81, 148A.1]  84 Acts, ch 1268, 1; 86 Acts, ch 1238, 7; 87 Acts, ch 65, 3; 88 Acts, ch 1002, 1; 95 Acts, ch 108, 8; 2007 Acts, ch 10, 99  Referred to in 148A.3 
148A.2 Who engaged in practice.   For the purpose of this chapter the following classes of persons shall be deemed to be engaged in the practice of physical therapy:   1. Persons who treat human ailments by physical therapy as defined in this chapter.   2. Persons who publicly profess to be physical therapists or who publicly profess to perform the functions incident to the practice of physical therapy.  [C66, 71, 73, 75, 77, 79, 81, 148A.2] 
148A.3 Persons not included.   Section 148A.1 shall not be construed to include the following classes of persons:   1. Licensed physicians and surgeons, osteopathic physicians and surgeons, podiatric physicians, chiropractors, nurses, dentists, cosmetologists, and barbers, who are engaged in the practice of their respective professions.   2. Students of physical therapy who practice physical therapy under the supervision of a licensed physical therapist in connection with the regular course of instruction at a school of physical therapy.   3. Physical therapists of the United States army, navy, or public health service, or physical therapists licensed in another state, when incidentally called into this state in consultation with a physician and surgeon or physical therapists licensed in this state.   4. Nonprofessional workers not held out as physical therapists who are employed in hospitals, clinics, offices or health care facilities as defined in section 135C.1 working under the supervision and direction of a physical therapist or physician licensed pursuant to chapter 148.   5. Massage therapists, massage technicians, masseurs and masseuses who administer body massage by Swedish or other massage technique, including modalities, in a massage establishment, health club, athletic club or school athletic department, but in no instance shall they designate themselves as physical therapists.  [C66, 71, 73, 75, 77, 79, 81, 148A.3]  84 Acts, ch 1268, 2; 96 Acts, ch 1034, 68; 2008 Acts, ch 1088, 100 
148A.4 Requirements to practice.   Each applicant for a license to practice physical therapy shall:   1. Complete a course of study in, and hold a diploma or certificate issued by, a school of physical therapy accredited by the American physical therapy association or another appropriate accrediting body, and meet requirements as established by rules of the board.   2. Have passed an examination administered by the board.  [C66, 71, 73, 75, 77, 79, 81, 148A.4]  83 Acts, ch 101, 27; 84 Acts, ch 1268, 3; 2007 Acts, ch 10, 100 
148A.5 Limitations.   A license to practice physical therapy does not authorize the licensee to practice operative surgery or osteopathic or chiropractic manipulation, or to administer or prescribe any drug or medicine included in materia medica.  88 Acts, ch 1002, 2 
148A.6 Physical therapist assistant.   1. A licensed physical therapist assistant is required to function under the direction and supervision of a licensed physical therapist to perform physical therapy procedures delegated and supervised by the licensed physical therapist in a manner consistent with the rules adopted by the board. Selected and delegated tasks of physical therapist assistants may include but are not limited to therapeutic procedures and related tasks, routine operational functions, documentation of treatment progress, and the use of selected physical agents. The ability of the licensed physical therapist assistant to perform the selected and delegated tasks shall be assessed on an ongoing basis by the supervising physical therapist. The licensed physical therapist assistant shall not interpret referrals, perform initial evaluation or reevaluations, initiate physical therapy treatment programs, change specified treatment programs, or discharge a patient from physical therapy services.   2. Each applicant for a license to practice as a physical therapist assistant shall:   a. Successfully complete a course of study for the physical therapist assistant accredited by the commission on accreditation in education of the American physical therapy association, or another appropriate accrediting body, and meet other requirements established by the rules of the board.   b. Have passed an examination administered by the board.   3. This section does not prevent a person not licensed as a physical therapist assistant from performing services ordinarily performed by a physical therapy aide, assistant, or technician, provided that the person does not represent to the public that the person is a licensed physical therapist assistant, or use the title physical therapist assistant or the letters P.T.A., and provided that the person performs services consistent with the supervision requirements of the board for persons not licensed as physical therapist assistants.  91 Acts, ch 228, 3; 2000 Acts, ch 1140, 33; 2004 Acts, ch 1068, 2; 2007 Acts, ch 10, 101 
148A.7 False use of titles prohibited.   1. A person or business entity, including the employees, agents, or representatives of the business entity, shall not use in connection with that persons or business entitys business activity the words physical therapy, physical therapist, licensed physical therapist, registered physical therapist, doctor of physical therapy, physical therapist assistant, licensed physical therapist assistant, registered physical therapist assistant, or the letters P.T., L.P.T., R.P.T., D.P.T., P.T.A., L.P.T.A., R.P.T.A., or any other words, abbreviations, or insignia indicating or implying that physical therapy is provided or supplied, unless such services are provided by or under the direction and supervision of a physical therapist licensed pursuant to this chapter.   2. Notwithstanding section 147.74, a person or the owner, officer, or agent of an entity that violates this section is guilty of a serious misdemeanor, and a license to practice shall be revoked or suspended pursuant to section 147.55.   3. This section shall not apply to the use of the term physiotherapy by a provider licensed under this chapter, chapter 151, or by an individual under the direction and supervision of a provider licensed under this chapter or chapter 151.  2004 Acts, ch 1068, 1; 2009 Acts, ch 133, 56 
148B.1 Title and purpose.   1. This chapter may be cited and referred to as the Occupational Therapy Practice Act.   2. The purpose of this chapter is to provide for the regulation of persons offering occupational therapy services to the public in order to safeguard the public health, safety and welfare.  [C81, 148B.1]  2021 Acts, ch 76, 150  Code editor directive applied 
148B.2 Definitions.   As used in this chapter:   1. Board means the board of physical and occupational therapy created under chapter 147.   2. Occupational therapist means a person licensed under this chapter to practice occupational therapy.   3. Occupational therapy means the therapeutic use of occupations, including everyday life activities with individuals, groups, populations, or organizations to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. Occupational therapy services are provided for habilitation, rehabilitation, and the promotion of health and wellness to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. Occupational therapy addresses the physical, cognitive, psychosocial, sensory-perceptual, and other aspects of performance in a variety of contexts and environments to support engagement in occupations that affect physical and mental health, well-being, and quality of life. Occupational therapy includes but is not limited to providing assessment, design, fabrication, application, and fitting of selected orthotic devices and training in the use of prosthetic devices.   4. Occupational therapy assistant means a person licensed under this chapter to assist in the practice of occupational therapy.  [C81, 148B.2]  2007 Acts, ch 10, 102; 2012 Acts, ch 1101, 6 
148B.3 Persons and practices not affected.   This chapter does not prevent or restrict the practice, services or activities of any of the following:   1. A person licensed in this state by any other law from engaging in the profession or occupation for which the person is licensed.   2. A person employed as an occupational therapist or occupational therapy assistant by the government of the United States, if that person provides occupational therapy solely under the direction or control of the organization by which the person is employed.   3. A person pursuing a course of study leading to a degree or certificate in occupational therapy in an accredited or approved educational program, if the activities and services constitute a part of a supervised course of study and the person is designated by a title which clearly indicates the persons status as a student or trainee.   4. A person fulfilling the supervised field work experience requirements of section 148B.5, if the activities and services constitute a part of the experience necessary to meet the requirements of that section.   5. A nonresident performing occupational therapy services in the state who is not licensed under this chapter, if the services are performed for not more than thirty days in a calendar year in association with an occupational therapist licensed under this chapter, and the nonresident meets either of the following requirements:   a. The nonresident is licensed under the law of another state which has licensure requirements at least as stringent as the requirements of this chapter.   b. The nonresident meets the requirements for certification as an occupational therapist registered (O.T.R.), or a certified occupational therapy assistant (C.O.T.A.) established by the national board for certification in occupational therapy.  [C81, 148B.3]  2012 Acts, ch 1101, 7, 8 
148B.3A Referral.   Occupational therapy may be provided by an occupational therapist without referral from a physician, podiatric physician, dentist, or chiropractor, except that a hospital may require that occupational therapy provided in the hospital be performed only following prior review by and authorization of the performance of the occupational therapy by a member of the hospital medical staff.  2000 Acts, ch 1140, 34 
148B.4 Limited permit.   1. A limited permit to practice occupational therapy may be granted to a person who has completed the academic and field work requirements for occupational therapists under this chapter and has not yet taken or received the results of the entry-level certification examination. A permit granted pursuant to this subsection shall be valid for a period of time as determined by the board by rule and shall allow the person to practice occupational therapy under the direction and appropriate supervision of an occupational therapist licensed under this chapter. The permit shall expire when the person is issued a license under section 148B.5 or if the person is notified that the person did not pass the examination. The limited permit shall not be renewed.   2. A limited permit to assist in the practice of occupational therapy may be granted to a person who has completed the academic and field work requirements for occupational therapy assistants under this chapter and has not yet taken or received the results of the entry-level certification examination. A permit granted pursuant to this subsection shall be valid for a period of time as determined by the board by rule and shall allow the person to assist in the practice of occupational therapy under the direction and appropriate supervision of an occupational therapist licensed under this chapter. The permit shall expire when the person is issued a license under section 148B.5 or if the person is notified that the person did not pass the examination. The limited permit shall not be renewed.  [C81, 148B.4]  2012 Acts, ch 1101, 9 
148B.5 Requirements for licensure.   An applicant applying for a license as an occupational therapist or as an occupational therapy assistant must file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements:   1. Successful completion of the academic requirements of an educational program in occupational therapy recognized by the board.   a. For an occupational therapist, the program must be one accredited by the accreditation council for occupational therapy education of the American occupational therapy association.   b. For an occupational therapy assistant, the program must be one approved by the American occupational therapy association.   2. Successful completion of a period of supervised field work experience at a recognized educational institution or a training program approved by the educational institution where the applicant met the academic requirements.   a. For an occupational therapist, a minimum of six months of supervised field work experience is required.   b. For an occupational therapy assistant, a minimum of two months of supervised field work experience is required.   3. Pass an examination, either in electronic or written form, satisfactory to the board and in accordance with rules.  [C81, 148B.5]  2000 Acts, ch 1140, 35; 2002 Acts, ch 1108, 14; 2004 Acts, ch 1167, 6  Referred to in 148B.3, 148B.4 
148B.6 Waiver of examination requirement.   The board may waive the examination and grant a license:   1. To a person certified prior to January 1, 1981, as an occupational therapist registered (O.T.R.) or a certified occupational therapy assistant (C.O.T.A.) by the American occupational therapy association.   2. To an applicant who presents proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or a territory of the United States which requires standards for licensure considered by the board to be equivalent to the requirements for licensure of this chapter.  [C81, 148B.6]  2012 Acts, ch 1101, 10 
148B.7 Board of physical and occupational therapy  powers and duties.   The board shall adopt rules relating to professional conduct to carry out the policy of this chapter, including but not limited to rules relating to professional licensing and to the establishment of ethical standards of practice for persons holding a license to practice occupational therapy in this state.  [C81, 148B.7]  2007 Acts, ch 10, 103  Referred to in 272C.3, 272C.4 
148B.8 Unlawful practice.   1. A person shall not practice occupational therapy or assist in the practice of occupational therapy, provide occupational therapy services, hold oneself out as an occupational therapist or occupational therapy assistant or as being able to practice occupational therapy or assist in the practice of occupational therapy, or provide occupational therapy services in this state unless the person is licensed under this chapter.   2. It is unlawful for any person not licensed as an occupational therapist in this state or whose license is suspended or revoked to use in connection with the persons name or place of business in this state the words occupational therapist, licensed occupational therapist, or any word, title, letters, or designation that implies that the person is an occupational therapist.   3. It is unlawful for any person not licensed as an occupational therapy assistant in this state or whose license is suspended or revoked to use in connection with the persons name or place of business in this state, the words occupational therapy assistant, licensed occupational therapy assistant, or any word, title, letters, or designation that implies that the person is an occupational therapy assistant.  2012 Acts, ch 1101, 11 
148B.9 False use of titles prohibited.   A person or business entity, including the employees, agents, or representatives of the business entity, shall not use in connection with that person or business entitys business activity, the words occupational therapy, occupational therapist, licensed occupational therapist, doctor of occupational therapy, occupational therapy assistant, licensed occupational therapy assistant, or the letters O.T., O.T./L., O.T.D., O.T.A., O.T.A./L., or any words, abbreviations, or insignia indicating or implying that occupational therapy is provided or supplied unless such services are provided by or under the direction and supervision of an occupational therapist licensed pursuant to this chapter.  2012 Acts, ch 1101, 12 
148C.1 Definitions.   1. Approved program means a program for the education of physician assistants which has been accredited by the accreditation review commission on education for the physician assistant or its successor, or, if accredited prior to 2001, either by the committee on allied health education and accreditation, or the commission on accreditation of allied health education programs.   2. Board means the board of physician assistants created under chapter 147.   3. Collaboration means consultation with or referral to the appropriate physician or other health care professional by a physician assistant as indicated by the patients condition; the education, competencies, and experience of the physician assistant; and the standard of care.   4. Department means the department of public health.   5. Licensed physician assistant or licensed P.A. means a person who is licensed by the board to practice as a physician assistant under the supervision of one or more physicians. Supervision does not require the personal presence of the supervising physician at the place where medical services are rendered except insofar as the personal presence is expressly required by this chapter or required by rules of the board adopted pursuant to this chapter.   6. Physician means a person who is currently licensed in Iowa to practice medicine and surgery or osteopathic medicine and surgery. Notwithstanding this subsection, a physician supervising a physician assistant practicing in a federal facility or under federal authority shall not be required to obtain licensure beyond licensure requirements mandated by the federal government for supervising physicians.   7. Physician assistant or P.A. means a person who meets the qualifications under this chapter and is licensed to practice medicine by the board.   8. Supervising physician means a physician who supervises the medical services provided by a physician assistant consistent with the physician assistants education, training, or experience and who accepts ultimate responsibility for the medical care provided by the supervising physician-physician assistant team.  [C73, 75, 77, 79, 148B.1; C81, 148C.1]  88 Acts, ch 1225, 15; 2003 Acts, ch 93, 6  8, 14; 2004 Acts, ch 1101, 23; 2007 Acts, ch 10, 105; 2008 Acts, ch 1088, 141; 2020 Acts, ch 1020, 4, 12  Referred to in 321J.11, 462A.14A 
148C.10 Applicability of other provisions of law.   The provisions of chapter 147, not otherwise inconsistent with the provisions of this chapter, shall apply to the provisions of this chapter.  [C73, 75, 77, 79, 148B.10; C81, 148C.10] 
148C.11 Prohibition  crime.   A person not licensed as required by this chapter who practices as a physician assistant is guilty of a serious misdemeanor.  [82 Acts, ch 1005, 7]  88 Acts, ch 1225, 24; 2003 Acts, ch 93, 11, 14 
148C.12 Annual report.   By January 31 of each year the board and the board of medicine shall provide to the general assembly and the governor a joint report detailing the boards collaborative efforts and team building practices.  2007 Acts, ch 10, 184; 2007 Acts, ch 218, 189 
148C.13 Investigators for physician assistants.   1. The board may appoint investigators, who shall not be members of the board, to administer and aid in the enforcement of the provisions of law relating to physician assistants. The amount of compensation for the investigators shall be determined pursuant to chapter 8A, subchapter IV.   2. Investigators authorized by the board have the powers and status of peace officers when enforcing this chapter and chapters 147 and 272C.  2008 Acts, ch 1088, 57 
148C.2 Approved programs. Repealed by  2003 Acts, ch 93, 13, 14  . 
148C.3 Licensure.   1. The board shall adopt rules to govern the licensure of physician assistants. An applicant for licensure shall submit the fee prescribed by the board and shall meet the requirements established by the board with respect to each of the following:   a. Academic qualifications, including evidence of graduation from an approved program. A physician assistant who is not a graduate of an approved program, but who passed the national commission on certification of physician assistants national certifying examination prior to 1986, is exempt from this graduation requirement.   b. Evidence of passing the national commission on the certification of physician assistants national certifying examination or an equivalent examination approved by the board.   c. Hours of continuing medical education necessary to become or remain licensed.   2. Rules shall be adopted by the board pursuant to this chapter requiring a licensed physician assistant to be supervised by physicians. The rules shall provide that not more than five physician assistants shall be supervised by a physician at one time. The rules shall also provide that a physician assistant shall notify the board of the identity of the physician assistants supervising physician and of any change in the status of the supervisory relationship.   3. A licensed physician assistant shall perform only those services for which the licensed physician assistant is qualified by training or education and which are not prohibited by the board.   4. The board may issue a temporary license under special circumstances and upon conditions prescribed by the board. A temporary license shall not be valid for more than one year and shall not be renewed more than once.   5. The board may issue an inactive license under conditions prescribed by rules adopted by the board.   6. The board shall adopt rules pursuant to this section after consultation with the board of medicine.  [C73, 75, 77, 79, 148B.3; C81, 148C.3; 82 Acts, ch 1005, 5]  88 Acts, ch 1225, 17; 2003 Acts, ch 93, 9, 14; 2004 Acts, ch 1101, 24; 2007 Acts, ch 10, 106; 2012 Acts, ch 1037, 1; 2020 Acts, ch 1020, 5, 12  Referred to in 148C.4, 272C.2C 
148C.4 Services performed by physician assistants.   1. A physician assistant may provide any legal medical service for which the physician assistant has been prepared by the physician assistants education, training, or experience and is competent to perform. For the purposes of this section, legal medical service for which the physician assistant has been prepared by the physician assistants education, training, or experience and is competent to perform includes but is not limited to making a pronouncement of death for a patient whose death is anticipated if the death occurs in a licensed hospital, a licensed health care facility, a correctional institution listed in section 904.102, a Medicare-certified home health agency, or a Medicare-certified hospice program or facility.   2. a. Notwithstanding subsection 1, a physician assistant licensed pursuant to this chapter or authorized to practice in any other state or federal jurisdiction who voluntarily and gratuitously, and other than in the ordinary course of the physician assistants employment or practice, responds to a need for medical care created by an emergency or a state or local disaster may render such care that the physician assistant is able to provide without supervision as described in this section or with such supervision as is available.   b. A physician who supervises a physician assistant providing medical care pursuant to this subsection shall not be required to meet the requirements of rules adopted pursuant to section 148C.3, subsection 2, relating to supervision by physicians. A physician providing physician assistant supervision pursuant to this subsection or a physician assistant, who voluntarily and gratuitously, and other than in the ordinary course of the physician assistants employment or practice, responds to a need for medical care created by an emergency or a state or local disaster shall not be subject to criminal liability by reason of having issued or executed the orders for such care, and shall not be liable for civil damages for acts or omissions relating to the issuance or execution of the orders unless the acts or omissions constitute recklessness.   3. The degree of collaboration between a physician assistant and the appropriate member of a health care team shall be determined at the practice level, and may involve decisions made by the medical group, hospital service, supervising physician, or employer of the physician assistant, or the credentialing and privileging system of a licensed health care facility. A physician shall be accessible at all times for consultation with a physician assistant unless the physician assistant is providing emergency medical services pursuant to  645 IAC 327.1(1)(n)  . The supervising physician shall have ultimate responsibility for determining the medical care provided by the supervising physician-physician assistant team.  [C73, 75, 77, 79, 148B.4; C81, 148C.4]  88 Acts, ch 1225, 18; 2001 Acts, ch 113, 1; 2003 Acts, ch 93, 10, 14; 2009 Acts, ch 41, 263; 2017 Acts, ch 96, 2; 2020 Acts, ch 1020, 6, 7, 12; 2021 Acts, ch 80, 80  Referred to in 147.107, 489.1102, 489.1105, 496C.4, 496C.7  Subsection 1 amended 
148C.5 Supervising physicians  board of medicine  rulemaking requirements.   1. If the board commences a contested case hearing against a physician assistant by delivering a statement of charges and notice of hearing to the physician assistant, the board shall deliver a copy of the statement of charges and notice of hearing to the physician assistants supervising physician.   2. The board shall adopt rules pursuant to chapter 17A to establish specific procedures for consulting with and sharing information with the board of medicine regarding complaints that a physician assistant may have been inadequately supervised by the physician assistants supervising physician.   3. The board shall not amend or rescind any of the following rules unless, prior to the submission of such an amendment or rescission to the administrative rules coordinator, the board consults with and receives approval from the board of medicine to make such a submission:   a.  645 IAC 326.1   regarding the following terms:   (1) Physician.   (2) Physician assistant.   (3) Supervising physician.   (4) Supervision.   b.  645 IAC 326.2(1)(f)  .   c.  645 IAC 326.4(6)  .   d.  645 IAC 326.8  .   e.  645 IAC 327.1(1)(v)  .   f.  645 IAC 327.4(1)(b)(2)  (4)  .   g.  645 IAC 327.4(2)  .  2017 Acts, ch 60, 1, 5; 2021 Acts, ch 80, 81  Subsection 3 amended 
148C.5A Initiating disciplinary proceedings  advice from board of medical examiners. Repealed by  2003 Acts, ch 93, 13, 14  . 
148C.6A Repealed by  2003 Acts, ch 93, 13, 14  . 
148C.7 Repealed by  2003 Acts, ch 93, 13, 14  . 
148C.8 Right to delegate.   Nothing in this chapter affects or limits a physicians existing right to delegate various medical tasks to aides, assistants or others acting under the physicians supervision or direction, including orthopedic physician assistant technologists. Such aides, assistants, orthopedic physician assistant technologists, and others who perform only those tasks which can be so delegated shall not be required to qualify as physician assistants under this chapter.  [C73, 75, 77, 79, 148B.8; C81, 148C.8]  88 Acts, ch 1225, 22; 2015 Acts, ch 29, 114 
148C.9 Eye examination restricted.   A physician assistant shall not be permitted to prescribe lenses, prisms, or contact lenses for the aid, relief, or correction of human vision. A physician assistant shall not be permitted to measure the visual power and visual efficiency of the human eye, as distinguished from routine visual screening, except in the personal presence of a supervising physician at the place where such services are rendered.  [C73, 75, 77, 79, 148B.9; C81, 148C.9]  88 Acts, ch 1225, 23 
148D.1 Definitions.   As used in this chapter unless the context otherwise requires:   1. Affiliated means established or developed by the college of medicine.   2. College of medicine means the university of Iowa college of medicine.   3. Family practice unit means the community facility or classroom for the teaching of ambulatory health care skills within a residency program.   4. The medical profession means medical and osteopathic physicians.   5. Residency program means a community based family practice residency education program presently in existence or established under this chapter.  [C75, 77, 79, 148C.1; C81, 148D.1]  86 Acts, ch 1245, 2051; 2001 Acts, ch 74, 7 
148D.2 Establishment.   1. A statewide medical education system is established for the purpose of training resident physicians in family practice. The dean of the college of medicine is responsible for implementing the development and expansion of residency programs in cooperation with the medical profession, hospitals, and clinics located throughout the state. The head of the department of family practice in the college of medicine shall determine where affiliated residency programs shall be established, giving consideration to communities in the state where the population, hospital facilities, number of physicians and interest in medical education indicate the potential success of the residency programs. The medical education systems shall provide financial support for residents in training in accredited affiliated residency programs and shall establish positions for a director, assistant director, and other faculty in the programs.   2. To assure continued growth, development, and academic essentials in ongoing programs, nonaffiliated residency programs which are accredited by a recognized national accrediting organization, shall be funded under this chapter at a level commensurate with the support of the affiliated residency programs having a comparable number of residents in training or, if there are no affiliated residency programs having a comparable number of residents in training, then a nonaffiliated program shall be funded in an amount determined on a pro rata capitation basis for each resident in training, equivalent to the per capita funding for each resident in training in an affiliated program having the nearest number of residents in training. As used in this subsection, support means both cash grants and the value of service directly provided to affiliated residency programs by the college of medicine.  [C75, 77, 79, 148C.2; C81, 148D.2]  88 Acts, ch 1134, 30; 2018 Acts, ch 1041, 47 
148D.6 Use of funds.   1. Moneys appropriated for the residency program shall be in addition to all the income of the state university of Iowa, and shall not be used to supplant funds for other programs under the administration of the college of medicine.   2. The allocation of state funds for a residency program shall not exceed fifty percent of the total cost of the program and shall be used for:   a. The salaries of the director, assistant director and other faculty and auxiliary personnel on the community level.   b. The stipends for the residents in training.   c. The initial construction or remodeling of a facility which serves as a family practice unit within a residency program.   d. The purchase of equipment for use in the family practice unit.   e. Travel expenses for consultative visits by faculty.   3. No more than twenty percent of the appropriation for each fiscal year for affiliated programs shall be authorized for expenditures made in support of the faculty and staff of the college of medicine who are associated with the affiliated residency program.   4. No funds appropriated under this chapter shall be used to subsidize the cost of care incurred by patients.   5. Allocations for the renovation or construction of a family practice unit shall not exceed thirty-five thousand dollars per program.  [C75, 77, 79, 148C.6; C81, 148D.6] 
148E.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Acupuncture means a form of health care developed from traditional and modern oriental medical concepts that employs oriental medical diagnosis and treatment, and adjunctive therapies and diagnostic techniques, for the promotion, maintenance, and restoration of health and the prevention of disease.   2. Acupuncturist means a person who is engaged in the practice of acupuncture.   3. Board means the board of medicine established in chapter 147.   4. Practice of acupuncture means the insertion of acupuncture needles and the application of moxibustion to specific areas of the human body based upon oriental medical diagnosis as a primary mode of therapy. Adjunctive therapies within the scope of acupuncture may include manual, mechanical, thermal, electrical, and electromagnetic treatment, and the recommendation of dietary guidelines and therapeutic exercise based on traditional oriental medicine concepts.  93 Acts, ch 86, 1; 2000 Acts, ch 1053, 5; 2007 Acts, ch 10, 107 
148E.10 Repealed by  2000 Acts, ch 1053, 14  . 
148E.2 License required  renewal.   1. In order to obtain a license to practice acupuncture, an applicant shall present evidence to the board of all of the following:   a. Current active status as a diplomate in acupuncture of the national commission for the certification of acupuncturists.   b. Successful completion of a three-year postsecondary training program or acupuncture college program which is accredited by, in candidacy for accreditation by, or which meets the standards of the accreditation commission for acupuncture and oriental medicine.   c. Successful completion of a course in clean needle technique approved by the national certification commission for acupuncture and oriental medicine.   2. Notwithstanding subsection 1, a license to practice acupuncture shall be granted by the board to a resident of this state who has successfully completed an acupuncture degree program approved by the board, or an apprenticeship or tutorial program approved by the board, on or before July 1, 2001.   3. A license granted pursuant to this section shall be renewed every two years. Renewal shall require evidence of current active membership in the national commission for the certification of acupuncturists.  93 Acts, ch 86, 2; 2000 Acts, ch 1053, 6; 2016 Acts, ch 1011, 36  Referred to in 148E.6 
148E.3 Scope of chapter.   This chapter does not apply to the following:   1. A person otherwise licensed to practice medicine and surgery, osteopathic medicine and surgery, chiropractic, podiatry, or dentistry who is exclusively engaged in the practice of the persons profession.   2. A student practicing acupuncture under the direct supervision of a licensed acupuncturist as part of a course of study approved by the board.  93 Acts, ch 86, 3; 2000 Acts, ch 1053, 7; 2000 Acts, ch 1232, 49; 2008 Acts, ch 1088, 141 
148E.4 Standard of care.   A person licensed under this chapter shall be held to the same standard of care as a person licensed to practice medicine and surgery or osteopathic medicine and surgery.  93 Acts, ch 86, 4; 2000 Acts, ch 1053, 8; 2008 Acts, ch 1088, 141 
148E.5 Use and disposal of needles.   An acupuncturist shall use only presterilized, disposable needles, and shall provide for adequate disposal of used needles.  93 Acts, ch 86, 5; 2000 Acts, ch 1053, 9 
148E.6 Display of certificate and disclosure of information to patients.   An acupuncturist shall display the license issued pursuant to section 148E.2 in a conspicuous place in the acupuncturists place of business. An acupuncturist shall provide to each patient upon initial contact with the patient the following information in written form:   1. The name, business address, and business telephone number of the acupuncturist.   2. A fee schedule.   3. A listing of the acupuncturists education, experience, degrees, certificates, or credentials related to acupuncture awarded by professional acupuncture organizations, the length of time required to obtain the degrees or credentials, and experience.   4. A statement indicating any license, certificate, or registration in a health care occupation which was revoked by any local, state, or national health care agency.   5. A statement that the acupuncturist is complying with statutes and rules adopted by the board, including a statement that only presterilized, disposable needles are used by the acupuncturist.   6. A statement indicating that the practice of acupuncture is regulated by the board.   7. A statement indicating that a license to practice acupuncture does not authorize a person to practice medicine and surgery in this state, and that the services of an acupuncturist must not be regarded as diagnosis and treatment by a person licensed to practice medicine and must not be regarded as medical opinion or advice.  93 Acts, ch 86, 6; 2000 Acts, ch 1053, 10  Referred to in 148E.8 
148E.7 Duties of board.   The board shall adopt rules consistent with this chapter and chapter 147 which are necessary for the performance of its duties.  93 Acts, ch 86, 7; 2000 Acts, ch 1053, 11 
148E.8 License revocation or suspension.   In addition to the grounds for revocation or suspension referred to in section 147.55, a license to practice acupuncture shall be revoked or suspended when the acupuncturist is guilty of any of the following acts or offenses:   1. Failure to provide information as required in section 148E.6 or provision of false information to patients.   2. Acceptance of remuneration for referral of a patient to other health professionals.   3. Offering of or giving of remuneration for the referral of patients, not including paid advertisements or marketing services.   4. Failure to comply with this chapter, rules adopted pursuant to this chapter, or applicable provisions of chapter 147.   5. Engaging in sexual activity or genital contact with a patient while acting or purporting to act within the scope of practice, whether or not the patient consented to the sexual activity or genital contact.   6. Disclosure of confidential information regarding the patient.  93 Acts, ch 86, 8; 2000 Acts, ch 1053, 12 
148E.9 Accident and health insurance coverage.   This chapter shall not be construed to require accident and health insurance coverage for acupuncture services under an existing or future contract or policy for insurance issued or issued for delivery in this state, unless otherwise provided by the contract or policy.  93 Acts, ch 86, 9; 2000 Acts, ch 1053, 13 
148F.1 Title and purpose.   1. This chapter may be cited and referred to as the Orthotics, Prosthetics, and Pedorthics Practice Act.   2. The purpose of this chapter is to provide for the regulation of persons offering orthotic, prosthetic, and pedorthic services to the public in order to safeguard the public health, safety, and welfare.  2012 Acts, ch 1101, 13 
148F.2 Definitions.   As used in this chapter:   1. Board means the board of podiatry.   2. Orthosis means a custom-fabricated or custom-fitted brace or support designed to provide for alignment, correction, or prevention of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. Orthosis does not include fabric or elastic supports, corsets, arch supports, low temperature plastic splints, trusses, elastic hose, canes, crutches, soft cervical collars, dental appliances, or other similar devices carried in stock and sold as over-the-counter items by a drug store, department store, corset shop, or surgical supply facility.   3. Orthotic and prosthetic education program means a course of instruction accredited by the commission on accreditation of allied health education programs, consisting of both of the following:   a. A basic curriculum of college level instruction in math, physics, biology, chemistry, and psychology.   b. A specific curriculum in orthotic or prosthetic courses, including but not limited to:   (1) Lectures covering pertinent anatomy, biomechanics, pathomechanics, prosthetic-orthotic components and materials, training and functional capabilities, prosthetic or orthotic performance evaluation, prescription considerations, etiology of amputations and disease processes necessitating prosthetic or orthotic use, and medical management.   (2) Subject matter related to pediatric and geriatric problems.   (3) Instruction in acute care techniques, such as immediate and early post-surgical prosthetics and fracture bracing techniques.   (4) Lectures, demonstrations, and laboratory experiences related to the entire process of measuring, casting, fitting, fabricating, aligning, and completing prostheses or orthoses.   4. Orthotic and prosthetic scope of practice means a list of tasks, with relative weight given to such factors as importance, criticality, and frequency, based on nationally accepted standards of orthotic and prosthetic care as outlined by the American board for certification in orthotics, prosthetics, and pedorthics, incorporated.   5. Orthotics means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis under an order from a licensed physician or podiatric physician for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity.   6. Orthotist means a health care professional, specifically educated and trained in orthotic patient care, who measures, designs, fabricates, fits, or services orthoses and may assist in the formulation of the order and treatment plan of orthoses for the support or correction of disabilities caused by neuromusculoskeletal diseases, injuries, or deformities.   7. Pedorthic device means therapeutic shoes, such as diabetic shoes and inserts, shoe modifications made for therapeutic purposes, below-the-ankle partial foot prostheses, and foot orthoses for use at the ankle or below. The term also includes subtalar-control foot orthoses designed to manage the function of the anatomy by controlling the range of motion of the subtalar joint. Excluding pedorthic devices which are footwear, the proximal height of a custom pedorthic device does not extend beyond the junction of the gastrocnemius and the Achilles tendon. Pedorthic device does not include nontherapeutic inlays or footwear regardless of method of manufacture; unmodified, nontherapeutic over-the-counter shoes; or prefabricated foot care products.   8. Pedorthic education program means an educational program approved by the national commission on orthotic and prosthetic education consisting of all of the following:   a. A basic curriculum of instruction in foot-related pathology of diseases, anatomy, and biomechanics.   b. A specific curriculum in pedorthic courses, including lectures covering shoes, foot orthoses, and shoe modifications, pedorthic components and materials, training and functional capabilities, pedorthic performance evaluation, prescription considerations, etiology of disease processes necessitating use of pedorthic devices, medical management, subject matter related to pediatric and geriatric problems, and lectures, demonstrations, and laboratory experiences related to the entire process of measuring and casting, fitting, fabricating, aligning, and completing pedorthic devices.   9. Pedorthic scope of practice means a list of tasks with relative weight given to such factors as importance, criticality, and frequency based on nationally accepted standards of pedorthic care as outlined by the American board for certification in orthotics, prosthetics, and pedorthics, incorporated.   10. Pedorthics means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a pedorthic device under an order from a licensed physician or podiatric physician for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity.   11. Pedorthist means a health care professional, specifically educated and trained in pedorthic patient care, who measures, designs, fabricates, fits, or services pedorthic devices and may assist in the formulation of the order and treatment plan of pedorthic devices for the support or correction of disabilities caused by neuromusculoskeletal diseases, injuries, or deformities.   12. Prosthesis means an artificial medical device that is not surgically implanted and that is used to replace a missing limb, appendage, or any other external human body part including an artificial limb, hand, or foot.   13. Prosthetics means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a prosthesis under an order from a licensed physician.   14. Prosthetist means a health care professional, specifically educated and trained in prosthetic patient care, who measures, designs, fabricates, fits, or services prostheses and may assist in the formulation of the order and treatment plan of prostheses for the replacement of external parts of the human body lost due to amputation or congenital deformities or absences.   15. Residency means an approved supervised program of a minimum duration of one year to acquire practical clinical training in orthotics or prosthetics in a patient care setting.   16. Resident means a person who has completed an education program in either orthotics or prosthetics and is continuing the persons clinical education in a residency accredited by the national commission on orthotic and prosthetic education.  2012 Acts, ch 1101, 14; 2013 Acts, ch 32, 1  4 
148F.3 Duties of the board.   The board shall administer this chapter. The boards duties shall include but are not limited to the following:   1. Adoption of rules to administer and interpret this chapter, chapter 147, and chapter 272C with respect to the education and licensing of orthotists, prosthetists, and pedorthists.   2. Adoption of rules to establish accepted standards of orthotic and prosthetic scope of practice, including the classification of devices and supervision of nonlicensed caregivers. Any changes to the nationally accepted standards by the American board for certification in orthotics, prosthetics and pedorthics which impact scope of practice may be approved by the board along with the adoption of rules as required in this section.   3. Adoption of rules relating to professional conduct and licensing and the establishment of ethical and professional standards of practice.   4. Acting on matters concerning licensure and the process of applying for, granting, suspending, imposing supervisory or probationary conditions upon, reinstating, revoking, or renewing a license.   5. Establishing and collecting licensure fees as provided in section 147.80.   6. Developing continuing education requirements as a condition of license renewal.   7. Evaluating requirements for licensure in other states to determine if reciprocity may be granted.   8. Adoption of rules providing temporary licensing for persons providing orthotic, prosthetic, and pedorthic care in this state prior to July 1, 2012. A temporary license is good for no more than one year.  2012 Acts, ch 1101, 15; 2021 Acts, ch 76, 36  Subsection 8 amended 
148F.4 Persons and practices not affected.   This chapter does not prevent or restrict the practice, services, or activities of any of the following:   1. A person licensed in this state by any other law from engaging in the profession or occupation for which the person is licensed, including but not limited to persons set out in section 147.1, subsections 3 and 6.   2. A person employed as an orthotics, prosthetics, or pedorthics practitioner by the government of the United States if that person practices solely under the direction or control of the organization by which the person is employed.   3. A person pursuing a course of study leading to a degree or certificate in orthotics, prosthetics, or pedorthics in an educational program accredited or approved according to rules adopted by the board, if the activities and services constitute a part of a supervised course of study and the person is designated by a title which clearly indicates the persons status as a student, resident, or trainee.  2012 Acts, ch 1101, 16 
148F.5 Qualifications for licensure as orthotist, prosthetist, or pedorthist.   1. To qualify for a license to practice orthotics or prosthetics, a person shall meet the following requirements:   a. Possess a baccalaureate degree from a college or university.   b. Have completed the amount of formal training, including but not limited to an orthotic and prosthetic education program, and clinical practice established and approved by the board.   c. Complete a clinical residency in the professional area for which a license is sought in accordance with standards, guidelines, or procedures for residencies established and approved by the board. The majority of training must be devoted to services performed under the supervision of a licensed practitioner of orthotics or prosthetics or a person certified as a certified orthotist, certified prosthetist, or certified prosthetist orthotist whose practice is located outside the state.   d. Pass all written, practical, and oral examinations that are required and approved by the board.   e. Be qualified to practice in accordance with accepted standards of orthotic and prosthetic care as established by the board.   2. To qualify for a license to practice pedorthics, a person shall meet the following requirements:   a. Submit proof of a high school diploma or its equivalent.   b. Have completed the amount of formal training, including but not limited to a pedorthic education program, and clinical practice established and approved by the board.   c. Complete a qualified clinical experience program in pedorthics that has a minimum of one thousand hours of pedorthic patient care experience in accordance with any standards, guidelines, or procedures established and approved by the board. The majority of training must be devoted to services performed under the supervision of a licensed orthotist or licensed practitioner of pedorthics or a person certified as a certified pedorthist whose practice is located outside the state.   d. Pass all examinations that are required and approved by the board.   e. Be qualified to practice in accordance with accepted standards of pedorthic care as established by the board.   3. The standards and requirements for licensure established by the board shall be substantially equal to or in excess of standards commonly accepted in the professions of orthotics, prosthetics, or pedorthics, as applicable. The board shall adopt rules as necessary to set the standards and requirements.   4. A person may be licensed in more than one discipline.  2012 Acts, ch 1101, 17; 2013 Acts, ch 32, 5  Referred to in 148F.9 
148F.6 Assistants and technicians.   1. a. A person shall not work as an assistant to an orthotist or prosthetist or provide fabrication of orthoses or prostheses unless the work or fabrication is performed under the supervision of a licensed orthotist or licensed prosthetist. A person shall not provide patient care services regulated by this chapter unless provided under the supervision of a licensed orthotist or licensed prosthetist.   b. An assistant may perform orthotic or prosthetic procedures and related tasks in the management of patient care. An assistant may also fabricate, repair, and maintain orthoses and prostheses.   2. A technician may assist a person licensed under this chapter with fabrication of orthoses, prostheses, or pedorthic devices but shall not provide direct patient care.  2012 Acts, ch 1101, 18; 2014 Acts, ch 1042, 1 
148F.7 Limitation on provision of care and services.   A licensed orthotist, prosthetist, or pedorthist may provide care or services only if the care or services are provided pursuant to an order from a licensed physician, a licensed podiatric physician, an advanced registered nurse practitioner licensed pursuant to chapter 152 or 152E, or a physician assistant who has been delegated the authority to order the services of an orthotist, prosthetist, or pedorthist by the assistants supervising physician.  2012 Acts, ch 1101, 19; 2013 Acts, ch 32, 6 
148F.8 Penalties.   1. If any person, company, or other entity violates a provision of this chapter, the attorney general may petition for an order enjoining the violation or for an order enforcing compliance with this chapter. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person, company, or other entity has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided in this chapter.   2. If a person practices as an orthotist, prosthetist, or pedorthist or represents the person as such without being licensed under the provisions of this chapter, then any other licensed orthotist, pedorthist, or prosthetist, any interested party, or any person injured by the person may petition for relief as provided in subsection 1.   3. If a company or other entity holds itself out to provide orthotic, prosthetic, or pedorthic services without having an orthotist, prosthetist, or pedorthist licensed under the provisions of this chapter on its staff to provide those services, then any other licensed orthotist, prosthetist, or pedorthist or any interested party or injured person may petition for relief as provided in subsection 1.  2012 Acts, ch 1101, 20 
148F.9 Transition period.   1. Through June 30, 2014, a person certified as an orthotist, prosthetist, or pedorthist by the American board for certification in orthotics, prosthetics, and pedorthics, incorporated, or holding similar certification from other accrediting bodies, may apply for and may be issued an initial license to practice orthotics, prosthetics, or pedorthics under the provisions of this chapter without meeting the requirements of section 148F.5, upon proof of current certification in good standing and payment of the required licensure fees.   2. Through June 30, 2014, a person not certified as described in subsection 1 who has practiced continuously for at least thirty hours per week on average for at least five of seven years in an accredited and bonded facility as an orthotist, prosthetist, or pedorthist may file an application with the board to continue to practice orthotics, prosthetics, or pedorthics. The practice described under this subsection shall only be required to have been performed in an accredited and bonded facility if the facility is required to be accredited and bonded by Medicare. The five years of continuous practice must occur between July 1, 2007, and July 1, 2014. A person applying under this subsection may be issued an initial license to practice orthotics, prosthetics, or pedorthics under the provisions of this chapter without meeting the requirements of section 148F.5, upon payment of the licensure fees required by the department and after the board has reviewed the application.   3. On or after July 1, 2014, an applicant for licensure as an orthotist, prosthetist, or pedorthist shall meet the requirements of section 148F.5.   4. The board shall adopt rules to administer this section.  2013 Acts, ch 32, 7 
148G.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Board means the board of respiratory care and polysomnography established in chapter 147.   2. Direct supervision means that the respiratory care and polysomnography practitioner or the polysomnographic technologist providing supervision must be present where the polysomnographic procedure is being performed and immediately available to furnish assistance and direction throughout the performance of the procedure.   3. General supervision means that the polysomnographic procedure is provided under a physicians or qualified health care professional prescribers overall direction and control, but the physicians or qualified health care professional prescribers presence is not required during the performance of the procedure.   4. Physician means a person who is currently licensed in Iowa to practice medicine and surgery or osteopathic medicine and surgery and who is board certified and who is actively involved in the sleep medicine center or laboratory.   5. Polysomnographic student means a person who is enrolled in a program approved by the board and who may provide sleep-related services under the direct supervision of a respiratory care and polysomnography practitioner or a polysomnographic technologist as a part of the persons educational program.   6. Polysomnographic technician means a person who has graduated from a program approved by the board, but has not yet received an accepted national credential awarded from an examination program approved by the board and who may provide sleep-related services under the direct supervision of a licensed respiratory care and polysomnography practitioner or a licensed polysomnographic technologist for a period of up to thirty days following graduation while awaiting credentialing examination scheduling and results.   7. Polysomnographic technologist means a person licensed by the board to engage in the practice of polysomnography under the general supervision of a physician or a qualified health care professional prescriber.   8. Practice of polysomnography means as described in section 148G.2.   9. Qualified health care practitioner means an individual who is licensed under section 147.2, and who holds a credential listed on the board of registered polysomnographic technologists list of accepted allied health credentials.   10. Qualified health care professional prescriber means a physician assistant operating under the prescribing authority granted in section 147.107 or an advanced registered nurse practitioner operating under the prescribing authority granted in section 147.107.   11. Sleep-related services means acts performed by polysomnographic technicians, polysomnographic students, and other persons permitted to perform those services under this chapter, in a setting described in this chapter that would be considered the practice of polysomnography if performed by a respiratory care and polysomnography practitioner or a polysomnographic technologist.  2015 Acts, ch 70, 7 
148G.2 Practice of polysomnography.   The practice of polysomnography consists of but is not limited to the following tasks as performed for the purpose of polysomnography, under the general supervision of a licensed physician or qualified health care professional prescriber:   1. Monitoring, recording, and evaluating physiologic data during polysomnographic testing and review during the evaluation of sleep-related disorders, including sleep-related respiratory disturbances, by applying any of the following techniques, equipment, or procedures:   a. Noninvasive continuous, bilevel positive airway pressure, or adaptive servo-ventilation titration on spontaneously breathing patients using a mask or oral appliance; provided, that the mask or oral appliance does not extend into the trachea or attach to an artificial airway.   b. Supplemental low-flow oxygen therapy of less than six liters per minute, utilizing a nasal cannula or incorporated into a positive airway pressure device during a polysomnogram.   c. Capnography during a polysomnogram.   d. Cardiopulmonary resuscitation.   e. Pulse oximetry.   f. Gastroesophageal pH monitoring.   g. Esophageal pressure monitoring.   h. Sleep stage recording using surface electroencephalography, surface electrooculography, and surface submental electromyography.   i. Surface electromyography.   j. Electrocardiography.   k. Respiratory effort monitoring, including thoracic and abdominal movement.   l. Plethysmography blood flow monitoring.   m. Snore monitoring.   n. Audio and video monitoring.   o. Body movement monitoring.   p. Nocturnal penile tumescence monitoring.   q. Nasal and oral airflow monitoring.   r. Body temperature monitoring.   2. Monitoring the effects that a mask or oral appliance used to treat sleep disorders has on sleep patterns; provided, however, that the mask or oral appliance shall not extend into the trachea or attach to an artificial airway.   3. Observing and monitoring physical signs and symptoms, general behavior, and general physical response to polysomnographic evaluation and determining whether initiation, modification, or discontinuation of a treatment regimen is warranted.   4. Analyzing and scoring data collected during the monitoring described in this section for the purpose of assisting a physician in the diagnosis and treatment of sleep and wake disorders that result from developmental defects, the aging process, physical injury, disease, or actual or anticipated somatic dysfunction.   5. Implementation of a written or verbal order from a physician or qualified health care professional prescriber to perform polysomnography.   6. Education of a patient regarding the treatment regimen that assists the patient in improving the patients sleep.   7. Use of any oral appliance used to treat sleep-disordered breathing while under the care of a licensed polysomnographic technologist during the performance of a sleep study, as directed by a licensed dentist.  2015 Acts, ch 70, 8  Referred to in 148G.1 
148G.3 Location of services.   The practice of polysomnography shall take place only in a facility that is accredited by a nationally recognized sleep medicine laboratory or center accrediting agency, in a facility operated by a hospital or a hospital licensed under chapter 135B, or in a patients home pursuant to rules adopted by the board; provided, however, that the scoring of data and the education of patients may take place in another setting.  2015 Acts, ch 70, 9 
148G.4 Scope of chapter.   Nothing in this chapter shall be construed to limit or restrict a health care practitioner licensed in this state from engaging in the full scope of practice of the individuals profession.  2015 Acts, ch 70, 10 
148G.5 Rulemaking.   The board shall adopt rules necessary for the implementation and administration of this chapter and the applicable provisions of chapters 147 and 272C.  2015 Acts, ch 70, 11 
148G.6 Licensing requirements.   1. Beginning January 1, 2017, a person seeking licensure as a respiratory care and polysomnography practitioner or as a polysomnographic technologist shall apply to the board and pay the fees established by the board for the type of license for which the applicant is applying. Beginning with the March 31, 2016, license renewal period, a person licensed as a respiratory care practitioner who seeks a respiratory care and polysomnography practitioner license shall make such application with the application for license renewal and pay the fees established by the board. The fees established by the board for a respiratory care and polysomnography practitioner license shall not exceed one hundred twenty percent of the cost of a respiratory care practitioner license issued pursuant to chapter 152B or a polysomnographic technologist license issued pursuant to this section. The application for a respiratory care and polysomnography practitioner license must meet the requirements of this section. Upon receipt of an application, the board shall conduct a background check of the applicant. An application for either type of licensure shall show that the applicant is of good moral character and is at least eighteen years of age, and shall include proof that the person has satisfied one of the following educational requirements:   a. Graduation from a polysomnographic educational program that is accredited by the committee on accreditation for polysomnographic technologist education or an equivalent program as determined by the board.   b. Graduation from a respiratory care educational program that is accredited by the commission on accreditation for respiratory care or by a committee on accreditation for the commission on accreditation of allied health education programs, and any of the following:   (1) Completion of the curriculum for a polysomnographic certificate established and accredited by the commission on accreditation of allied health education programs as an extension of the respiratory care program.   (2) Obtaining the sleep disorder specialist credential from the national board for respiratory care.   (3) Obtaining the registered polysomnographic technologist credential from the board of registered polysomnographic technologists.   (4) Completing or obtaining any other certificate or credential program as recognized by the board.   c. Graduation from an electroneurodiagnostic technologist educational program that is accredited by the committee on accreditation for education in electroneurodiagnostic technology or by a committee on accreditation for the commission on accreditation of allied health education programs, and completion of the curriculum for a polysomnographic certificate established and accredited by the commission on accreditation of allied health education programs as an extension of the electroneurodiagnostic educational program or an equivalent program as determined by the board.   2. Notwithstanding subsection 1, beginning January 1, 2017, the board shall issue a license to perform polysomnography to an individual who holds an active license under section 147.2 in a profession other than polysomnography and who is in good standing with the board for that profession upon application to the board demonstrating any of the following:   a. Successful completion of an educational program in polysomnography approved by the board.   b. Successful completion of an examination in polysomnography approved by the board.   c. Verification from the medical director of the individuals current employer or the medical directors designee that the individual has completed on-the-job training in the field of polysomnography, along with written verification from the medical director of the individuals current employer or the medical directors designee that the individual is competent to perform polysomnography.   3. Notwithstanding subsection 1, beginning January 1, 2017, a person who is working in the field of sleep medicine on January 1, 2017, may apply to the board for a license to perform polysomnography. The board shall issue a license to the person, without examination, provided the application contains verification that the person has completed five hundred hours of paid clinical or nonclinical polysomnographic work experience within the three years prior to submission of the application. The application shall also contain verification from the medical director of the persons current employer or the medical directors designee that the person is competent to perform polysomnography.   4. A person who is working in the field of sleep medicine on January 1, 2017, who is not otherwise eligible to obtain a license pursuant to this section shall have until January 1, 2018, to achieve a passing score on an examination as designated by the board. The board shall allow the person to attempt the examination and be awarded a license as a polysomnographic technologist by meeting or exceeding the passing point established by the board. After January 1, 2018, only persons licensed as respiratory care and polysomnography practitioners or as polysomnographic technologists pursuant to this chapter, or excepted from the requirements of this chapter may perform sleep-related services.   5. The fees assessed by the board shall be sufficient to cover all costs associated with the administration of this chapter.  2015 Acts, ch 70, 12 
148G.7 Persons exempt from licensing requirement.   1. The following persons may provide sleep-related services without being licensed as a respiratory care and polysomnography practitioner or as a polysomnographic technologist under this chapter:   a. A qualified health care practitioner may provide sleep-related services under the direct supervision of a licensed respiratory care and polysomnography practitioner or a licensed polysomnographic technologist for a period of up to six months while gaining the clinical experience necessary to meet the admission requirements for a polysomnographic credentialing examination. The board may grant a one-time extension of up to six months.   b. A polysomnographic student may provide sleep-related services under the direct supervision of a respiratory care and polysomnography practitioner or a polysomnographic technologist as a part of the students educational program while actively enrolled in a polysomnographic educational program that is accredited by the commission on accreditation of allied health education programs or an equivalent program as determined by the board.   2. Before providing any sleep-related services, a polysomnographic technician or polysomnographic student who is obtaining clinical experience shall give notice to the board that the person is working under the direct supervision of a respiratory care and polysomnography practitioner or a polysomnographic technologist in order to gain the experience to be eligible to sit for a national certification examination. The person shall wear a badge that appropriately identifies the person while providing such services.  2015 Acts, ch 70, 13 
148G.8 Licensing sanctions.   The board may impose sanctions for violations of this chapter as provided in chapters 147 and 272C.  2015 Acts, ch 70, 14 
148H.1 Definitions.   1. Active candidate status means a person has met the requirements established by the American board of genetic counseling or its equivalent or successor organization to take the American board of genetic counseling certification examination in general genetics and genetic counseling or its equivalent or successor examination and has been granted this designation by the American board of genetic counseling or its equivalent or successor organization.   2. Board means the board of medicine.   3. Genetic counseling means the provision of services by an individual who qualifies for a license under this chapter.   4. Genetic counseling intern means a student enrolled in a genetic counseling program accredited by the accreditation council for genetic counseling or its equivalent or successor organization, or the American board of medical genetics and genomics or its equivalent or successor organization.   5. Genetic counselor means an individual who is licensed under this chapter to engage in the practice of genetic counseling.   6. Qualified supervisor means any person who is a genetic counselor licensed under this chapter, a physician licensed under chapter 148, or an advanced registered nurse practitioner licensed under chapter 152.   7. Supervision means supervision by a qualified supervisor who has the overall responsibility of assessing the work of a provisional licensee, provided that an annual supervision contract signed by the qualified supervisor and the provisional licensee is on file with both parties. Supervision does not require the qualified supervisors presence during the performance of services.  2018 Acts, ch 1052, 5, 12; 2018 Acts, ch 1172, 21 
148H.2 Scope of practice.   A person licensed under this chapter may do any of the following:   1. Obtain and evaluate individual, family, and medical histories to determine genetic risk for genetic and medical conditions and diseases in a patient, the patients offspring, and other family members.   2. Discuss the features, history, means of diagnosis, genetic and environmental factors, and management of risk for genetic and medical conditions and diseases.   3. Identify, order, and coordinate genetic laboratory tests and other diagnostic studies as appropriate for the genetic assessment of a patient.   4. Refer a patient to a specialty or subspecialty department as necessary for the purpose of collaborating on diagnosis and treatment involving multiple body systems and general medical management.   5. Integrate genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic and medical conditions and diseases.   6. Explain the clinical implications of genetic laboratory tests and other diagnostic studies and their results.   7. Evaluate the responses of a patient or patients family to the condition or risk of recurrence and provide patient-centered genetic counseling and anticipatory guidance.   8. Identify and utilize community resources that provide medical, educational, financial, and psychosocial support and advocacy.   9. Provide written documentation of medical, genetic, and counseling information for families and health care professionals.  2018 Acts, ch 1052, 6, 12 
148H.3 Qualifications for licensure  provisional licensure.   1. Each applicant for licensure under this chapter shall:   a. Submit an application form as prescribed by the board.   b. Provide satisfactory evidence of certification as a genetic counselor by the American board of genetic counseling or its equivalent or successor organization, the American board of medical genetics and genomics or its equivalent or successor organization, or as a medical geneticist by the American board of medical genetics and genomics or its equivalent or successor organization.   2. A license shall be issued for a two-year period and shall be renewed upon the filing of a renewal application as prescribed by the board.   3. A licensee shall maintain active certification as a genetic counselor by the American board of genetic counseling or its equivalent or successor organization, the American board of medical genetics and genomics or its equivalent or successor organization, or as a medical geneticist by the American board of medical genetics and genomics, or its equivalent or successor organization.   4. a. The board may issue a provisional license to an applicant who meets all of the requirements for licensure except for the certification component and who has been granted active candidate status by the American board of genetic counseling or its equivalent or successor organization.   b. The applicant shall submit a provisional license application form prescribed by the board as determined by the board.   c. A provisional license shall expire upon the earlier of issuance of a full license by the board or the loss of active candidate status from the American board of genetic counseling or its equivalent or successor organization by the holder of the provisional license.   d. A person with a provisional license shall only practice genetic counseling under the supervision of a qualified supervisor.  2018 Acts, ch 1052, 7, 12 
148H.4 Scope of chapter.   This chapter shall not be construed to apply to any of the following:   1. A physician or surgeon or an osteopathic physician or surgeon licensed under chapter 148, a registered nurse or an advanced registered nurse practitioner licensed under chapter 152, a physician assistant licensed under chapter 148C, or other persons licensed under chapter 147 when acting within the scope of the persons profession and doing work of a nature consistent with the persons education and training.   2. A person who is certified by the American board of medical genetics and genomics or its equivalent or successor organization as a doctor of philosophy and is not a genetic counselor licensed pursuant to this chapter.   3. A person employed as a genetic counselor by the federal government or an agency thereof if the person provides genetic counseling services solely under the direction and control of the entity by which the person is employed.   4. A genetic counseling intern.  2018 Acts, ch 1052, 8, 12 
148H.5 Continuing education.   An applicant for renewal of a license under this chapter shall submit satisfactory evidence to the board that in the period since the license was issued or last renewed, the applicant has completed thirty hours of national society of genetic counselors or its equivalent or successor organization or American board of medical genetics and genomics or its equivalent or successor organization continuing education units as approved by the board.  2018 Acts, ch 1052, 9, 12 
148H.6 Rules  authority of board.   The board shall adopt rules consistent with this chapter and chapters 147 and 148 which are necessary for the performance of its duties under this chapter. The board may consult with genetic counselors during an investigative or disciplinary proceeding as it deems necessary.  2018 Acts, ch 1052, 10, 12 
148H.7 Licensee discipline.   1. In addition to the grounds for revocation or suspension referred to in section 147.55 and in accordance with the disciplinary process established for the board by section 148.6, the board may discipline a person licensed under this chapter who is guilty of any of the following acts or offenses:   a. Having been adjudged mentally ill or incompetent by a court of competent jurisdiction.   b. Engaging in unethical or unprofessional conduct including but not limited to negligence or incompetence in the course of professional practice.   c. Violating any lawful order, rule, or regulation rendered or adopted by the board.   d. Having been refused issuance of or disciplined in connection with a license issued by any other jurisdiction.   2. A genetic counselor whose license is suspended or revoked or whose surrender of license with or without prejudice has been accepted by the board shall promptly deliver the original license to the board.   3. A provisional licensee who loses active candidate status with the American board of genetic counseling or its equivalent or successor organization shall surrender the provisional license to the board immediately.  2018 Acts, ch 1052, 11, 12; 2020 Acts, ch 1103, 15, 31 
149.1 Persons engaged in practice  definitions.   1. For the purpose of this subtitle the following classes of persons shall be deemed to be engaged in the practice of podiatry:   a. Persons who publicly profess to be podiatric physicians or who publicly profess to assume the duties incident to the practice of podiatry.   b. Persons who diagnose, prescribe, or prescribe and furnish medicine for ailments of the human foot, or treat such ailments by medical, mechanical, or surgical treatments.   2. As used in this chapter:   a. Board means the board of podiatry, created under chapter 147.   b. Human foot means the ankle and soft tissue which insert into the foot as well as the foot.   c. Podiatric physician means a physician or surgeon licensed under this chapter to engage in the practice of podiatric medicine and surgery.  [C24, 27, 31, 35, 39, 2542; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 149.1]  88 Acts, ch 1199, 2; 95 Acts, ch 108, 9; 2007 Acts, ch 10, 108; 2009 Acts, ch 133, 199  Referred to in 149.5 
149.2 Exceptions.   This chapter shall not apply to the following:   1. Physicians and surgeons or osteopathic physicians and surgeons who are authorized to practice in this state and are not licensed podiatric physicians.   2. Podiatric physicians licensed to practice in the state prior to July 4, 1937.   3. Nothing herein shall affect or alter the existing right now held by retailers, manufacturers or others to sell corrective shoes, arch supports, drugs or medicines for use on feet.  [C24, 27, 31, 35, 39, 2543; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 149.2]  88 Acts, ch 1199, 3; 96 Acts, ch 1034, 68; 2008 Acts, ch 1088, 141 
149.3 License.   Every applicant for a license to practice podiatry shall:   1. Be a graduate of an accredited school of podiatry.   2. Present an official transcript issued by a school of podiatry approved by the board.   3. Pass an examination as determined by the board by rule.   4. Have successfully completed a residency as determined by the board by rule. This subsection applies to all applicants who graduate from a school of podiatry on or after January 1, 1995.  [C24, 27, 31, 35, 39, 2544; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 149.3]  89 Acts, ch 43, 1; 92 Acts, ch 1212, 5; 2006 Acts, ch 1184, 91; 2007 Acts, ch 10, 109; 2007 Acts, ch 126, 36  Referred to in 272C.2C 
149.4 Approved school.   A school of podiatry shall not be approved by the board as a school of recognized standing unless the school:   1. Requires for graduation or the receipt of any podiatric degree the completion of a course of study covering a period of at least eight months in each of four calendar years.   2. A school of podiatry shall not be approved by the board which does not have as an additional entrance requirement two years study in a recognized college, university, or academy.  [C24, 27, 31, 35, 39, 2545; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 149.4]  90 Acts, ch 1253, 2; 2007 Acts, ch 10, 110 
149.5 Amputations  anesthesia  prescription drugs.   1. A license to practice podiatry shall not authorize the licensee to amputate the human foot.   2. A licensed podiatric physician may do all of the following:   a. Administer local anesthesia.   b. Administer conscious sedation in a hospital or an ambulatory surgical center.   c. Prescribe and administer drugs for the treatment of human foot ailments as provided in section 149.1.  [C24, 27, 31, 35, 39, 2546; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 149.5]  88 Acts, ch 1199, 4; 95 Acts, ch 108, 10; 2003 Acts, ch 22, 1; 2009 Acts, ch 133, 200 
149.6 Title or abbreviation.   Every licensee shall be designated as a licensed podiatric physician and shall not use any title or abbreviation without the designation practice limited to the foot, nor mislead the public in any way as to the limited field or practice.  [C24, 27, 31, 35, 39, 2547; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 149.6]  88 Acts, ch 1199, 5; 95 Acts, ch 108, 11  Titles and degrees, 147.72  147.74 
149.7 Temporary license.   1. The board may issue a temporary license authorizing the licensee to practice podiatry if, in the opinion of the board, a need exists and the person possesses the qualifications prescribed by the board for the temporary license, which shall be substantially equivalent to those required for permanent licensure under this chapter. The board shall determine in each instance the applicants eligibility for the temporary license, whether or not an examination shall be given, and the type of examination. The requirements of the law pertaining to permanent licensure shall not be mandatory for temporary licensure except as specifically designated by the board. The granting of a temporary license does not in any way indicate that the person licensed is necessarily eligible for permanent licensure, and the board is not obligated to issue a permanent license to the person.   2. The board shall determine the duration of time a person is qualified to practice podiatry while holding a temporary license. The fee for this license shall be set by the board, and if extended beyond one year, a renewal fee per year shall be set by the board. The fees shall be based on the administrative costs of issuing and renewing the temporary licenses.  [82 Acts, ch 1040, 1]  87 Acts, ch 128, 2; 2006 Acts, ch 1184, 92, 93; 2007 Acts, ch 10, 111; 2009 Acts, ch 56, 4 
CHAPTER 150  OSTEOPATHY  Repealed by  2008 Acts, ch 1088, 80 
CHAPTER 150A  OSTEOPATHIC MEDICINE AND SURGERY  Repealed by  2008 Acts, ch 1088, 80  ; see chapter 148 
151.1 Chiropractic defined.   For the purpose of this subtitle the following classes of persons shall be deemed to be engaged in the practice of chiropractic:   1. Persons publicly professing to be chiropractors or publicly professing to assume the duties incident to the practice of chiropractic.   2. Persons who treat human ailments by the adjustment of the neuromusculoskeletal structures, primarily, by hand or instrument, through spinal care.   3. Persons utilizing differential diagnosis and procedures related thereto, withdrawing or ordering withdrawal of the patients blood for diagnostic purposes, performing or utilizing routine laboratory tests, performing physical examinations, rendering nutritional advice, utilizing chiropractic physiotherapy procedures, all of which are subject to and authorized by section 151.8.  [C24, 27, 31, 35, 39, 2555; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 151.1]  83 Acts, ch 83, 1, 2; 99 Acts, ch 141, 27  Referred to in 151.2, 151.10, 151.11 
151.10 Education requirements.   A person who is an applicant for a license to practice chiropractic shall only be required to be tested for the adjunctive procedures specified in section 151.1, subsection 3 which the person chooses to utilize. A person licensed to practice chiropractic shall only be required to complete continuing education requirements for the adjunctive procedures specified in section 151.1, subsection 3 which the person chooses to utilize. A person who is an applicant for a license to practice chiropractic or a person licensed to practice chiropractic shall not be required to utilize any of the adjunctive procedures specified in section 151.1, subsection 3 to obtain a license or continue to practice chiropractic, respectively.  83 Acts, ch 83, 6 
151.11 Rules.   The board shall adopt rules necessary to administer section 151.1, to protect the health, safety, and welfare of the public, including rules governing the practice of chiropractic and defining any terms, whether or not specified in section 151.1, subsection 3. Such rules shall not be inconsistent with the practice of chiropractic and shall not expand the scope of practice of chiropractic or authorize the use of procedures not authorized by this chapter. These rules shall conform with chapter 17A.  83 Acts, ch 83, 7; 2007 Acts, ch 10, 124 
151.12 Temporary certificate.   1. The board may, in its discretion, issue a temporary certificate for one year authorizing the certificate holder to practice chiropractic if, in the opinion of the board, a need exists and the person possesses the qualifications prescribed by the board for the certificate, which shall be substantially equivalent to those required for licensure under this chapter. No requirements of the law pertaining to regular permanent licensure are mandatory for the temporary certificate except as specifically designated by the board. The granting of a temporary certificate does not in any way indicate that the person is eligible for regular licensure or that the board is obligated to issue the person a regular license.   2. The fee for the temporary certificate shall be based on the administrative costs of issuing the certificates.  86 Acts, ch 1127, 1; 2006 Acts, ch 1184, 94; 2007 Acts, ch 10, 125; 2007 Acts, ch 126, 37; 2007 Acts, ch 215, 250; 2008 Acts, ch 1088, 64 
151.1A Board defined.   As used in this chapter, board means the board of chiropractic created under chapter 147.  2007 Acts, ch 10, 119 
151.2 Persons not engaged in.   Section 151.1 shall not be construed to include the following classes of persons:   1. Licensed physicians and surgeons, licensed osteopathic physicians and surgeons, and physical therapists who are exclusively engaged in the practice of their respective professions.   2. Physicians and surgeons of the United States army, navy, or public health service when acting in the line of duty in this state, or to chiropractors licensed in another state, when incidentally called into this state in consultation with a chiropractor licensed in this state.   3. Students of chiropractic who have entered upon a regular course of study in a chiropractic college approved by the board, who practice chiropractic under the direction of a licensed chiropractor and in accordance with the rules of the board.  [C24, 27, 31, 35, 39, 2556; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 151.2]  2007 Acts, ch 10, 120; 2008 Acts, ch 1088, 58 
151.3 License.   Every applicant for a license to practice chiropractic shall do all of the following:   1. Present satisfactory evidence that the applicant possesses a preliminary education equal to the requirements for graduation from an accredited high school or other secondary school.   2. Present a diploma issued by a college of chiropractic approved by the board.   3. Pass an examination prescribed by the board.  [C24, 27, 31, 35, 39, 2557; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 151.3]  83 Acts, ch 83, 3; 2007 Acts, ch 10, 121; 2008 Acts, ch 1088, 59 
151.4 Approved college.   1. A college of chiropractic shall not be approved by the board as a college of recognized standing unless the college requires for graduation or for the receipt of any chiropractic degree the completion of a course of study covering a period of four academic years.   2. An approved college of chiropractic may include but is not limited to offerings of courses of study in procedures for withdrawing a patients blood, performing or utilizing laboratory tests, and performing physical examinations for diagnostic purposes. A chiropractor, employed by an approved college of chiropractic and who has been trained to withdraw blood may withdraw blood and instruct, and supervise a student in the withdrawing of blood.  [C24, 27, 31, 35, 39, 2558; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 151.4]  83 Acts, ch 83, 4; 2007 Acts, ch 10, 122; 2008 Acts, ch 1088, 60  Referred to in 261.71, 261.73 
151.5 Operative surgery  drugs.   A license to practice chiropractic shall not authorize the licensee to practice operative surgery or administer or prescribe prescription drugs or controlled substances which can only be prescribed by persons authorized by law.  [C24, 27, 31, 35, 39, 2559; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 151.5]  2008 Acts, ch 1088, 61  Drug dispensing, supplying, and prescribing, see 147.107 
151.6 Display of word chiropractor.   Every licensee shall place upon all signs used by the licensee, and display prominently in the licensees office the word chiropractor.  [C24, 27, 31, 35, 39, 2560; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 151.6]  Titles and degrees, 147.72  147.74 
151.7 Probation  advertising restrictions. Repealed by 99 Acts, ch 141, 42. 
151.8 Training in procedures used in practice.   1. A chiropractor shall not use in the chiropractors practice the procedures otherwise authorized by law unless the chiropractor has received training in their use by a college of chiropractic offering courses of instructions approved by the board or by curriculum taught on a postgraduate level approved by the board.   2. Any chiropractor licensed as of July 1, 1974, may use the procedures authorized by law if the chiropractor files with the board an affidavit that the chiropractor has completed the necessary training and is fully qualified in these procedures and possesses that degree of proficiency and will exercise that care which is common to physicians in this state.   3. A chiropractor using the additional procedures and practices authorized by this chapter shall be held to the standard of care applicable to any other health care practitioner in this state.  [C75, 77, 79, 81, 151.8]  83 Acts, ch 83, 5; 2007 Acts, ch 10, 123; 2008 Acts, ch 1088, 62  Referred to in 151.1 
151.9 Revocation or suspension of license.   A license or certificate to practice as a chiropractor may be revoked or suspended when the licensee or certificate holder is guilty of the following acts or offenses:   1. Fraud in procuring a license.   2. Professional incompetency.   3. Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of the licensees profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.   4. Habitual intoxication or addiction to the use of drugs.   5. Fraud in representations as to skill or ability.   6. Use of untruthful or improbable statements in advertisements.   7. Willful or repeated violations of the provisions of this chapter or chapter 272C.  [C79, 81, 151.9]  2008 Acts, ch 1088, 63; 2018 Acts, ch 1026, 52; 2020 Acts, ch 1103, 16, 31 
152.1 Definitions.   As used in this chapter:   1. Advanced registered nurse practitioner means a person who is currently licensed as a registered nurse under this chapter or chapter 152E who is licensed by the board of nursing as an advanced registered nurse practitioner.   2. Board means the board of nursing, created under chapter 147.   3. As used in this section, nursing diagnosis means to identify and use discriminatory judgment concerning physical and psychosocial signs and symptoms essential to determining effective nursing intervention.   4. Physician means a person licensed in this state to practice medicine and surgery, osteopathic medicine and surgery, or a person licensed in this state to practice dentistry or podiatry when acting within the scope of the license. A physician licensed to practice medicine and surgery or osteopathic medicine and surgery in a state bordering this state shall be considered a physician for purposes of this chapter unless previously determined to be ineligible for such consideration by the board of medicine.   5. The practice of a licensed practical nurse means the practice of a natural person who is licensed by the board to do all of the following:   a. Perform services in the provision of supportive or restorative care under the supervision of a registered nurse or a physician.   b. Perform additional acts under emergency or other conditions which require education and training and which are recognized by the medical and nursing professions and are approved by the board, as being proper to be performed by a licensed practical nurse.   c. Make the pronouncement of death for a patient whose death is anticipated if the death occurs in a licensed hospital, a licensed health care facility, a Medicare-certified home health agency, a Medicare-certified hospice program or facility, or an assisted living facility or residential care facility, with notice of the death to a physician, advanced registered nurse practitioner, or physician assistant.   6. The practice of nursing means the practice of a registered nurse, a licensed practical nurse, or an advanced registered nurse practitioner. It does not mean any of the following:   a. The practice of medicine and surgery and the practice of osteopathic medicine and surgery, as defined in chapter 148, or the practice of pharmacy as defined in chapter 155A, except practices which are recognized by the medical and nursing professions and approved by the board as proper to be performed by a registered nurse.   b. The performance of nursing services by an unlicensed student enrolled in a nursing education program if performance is part of the course of study. Individuals who have been licensed as registered nurses, licensed practical or vocational nurses, or advanced registered nurse practitioners in any state or jurisdiction of the United States are not subject to this exemption.   c. The performance of services by unlicensed workers employed in offices, hospitals, or health care facilities, as defined in section 135C.1, under the supervision of a physician or a nurse licensed under this chapter, or employed in the office of a psychologist, podiatric physician, optometrist, chiropractor, speech pathologist, audiologist, or physical therapist licensed to practice in this state, and when acting while within the scope of the employers license.   d. The practice of a nurse licensed in another state and employed in this state by the federal government if the practice is in discharge of official employment duties.   e. The care of the sick rendered in connection with the practice of the religious tenets of any church or order by the adherents thereof which is not performed for hire, or if performed for hire by those who depend upon prayer or spiritual means for healing in the practice of the religion of their church or denomination, so long as they do not otherwise engage in the practice of nursing as practical nurses.   7. The practice of the profession of a registered nurse means the practice of a natural person who is licensed by the board to do all of the following:   a. Formulate nursing diagnosis and conduct nursing treatment of human responses to actual or potential health problems through services, such as case finding, referral, health teaching, health counseling, and care provision which is supportive to or restorative of life and well-being.   b. Execute regimen prescribed by a physician, an advanced registered nurse practitioner, or a physician assistant.   c. Supervise and teach other personnel in the performance of activities relating to nursing care.   d. Perform additional acts or nursing specialties which require education and training under emergency or other conditions which are recognized by the medical and nursing professions and are approved by the board as being proper to be performed by a registered nurse.   e. Make the pronouncement of death for a patient whose death is anticipated if the death occurs in a licensed hospital, a licensed health care facility, a correctional institution listed in section 904.102, a Medicare-certified home health agency, a Medicare-certified hospice program or facility, an assisted living facility, or a residential care facility, with notice of the death to a physician, advanced registered nurse practitioner, or physician assistant.   f. Apply to the abilities enumerated in paragraphs a through e of this subsection scientific principles, including the principles of nursing skills and of biological, physical, and psychosocial sciences.  [S13, 2575-a28, -a31, -a32; C24, 27, 31, 35, 39, 2561, 2562; C46, 50, 54, 58, 62, 66, 71, 73, 75, 152.1, 152.2; C77, 79, 81, 152.1]  87 Acts, ch 215, 41; 91 Acts, ch 100, 1; 95 Acts, ch 108, 12; 2001 Acts, ch 113, 2  4; 2003 Acts, ch 78, 4, 5; 2004 Acts, ch 1168, 8; 2007 Acts, ch 10, 126; 2007 Acts, ch 159, 29, 30; 2008 Acts, ch 1088, 101, 102; 2015 Acts, ch 56, 4  8; 2017 Acts, ch 96, 1  Referred to in 509.3, 514.7, 514B.1 
152.10 License revocation or suspension.   1. Notwithstanding sections 147.87 through 147.89, the board may restrict, suspend, or revoke a license to practice nursing or place the licensee on probation. The board may also prescribe by rule conditions of license reinstatement. The board shall adopt rules of procedure by which to restrict, suspend, or revoke a license. These procedures shall conform to the provisions of chapter 17A.   2. In addition to the grounds stated in section 147.55, the following are grounds for suspension or revocation under subsection 1 of this section:   a. Willful violation of the rules of the board.   b. Continued practice while knowingly having an infectious or contagious disease which could be harmful to a patients welfare.   c. (1) Having a license to practice nursing as a registered nurse or licensed practical nurse revoked or suspended, or having other disciplinary action taken by a licensing authority of another state, territory, or country. A certified copy of the record or order of suspension, revocation, or disciplinary action is prima facie evidence of such fact.   (2) Having a license to practice nursing as a registered nurse or licensed practical nurse revoked or suspended, or having other disciplinary action taken, by a licensing authority in another state which has adopted the nurse licensure compact contained in section 152E.1 or the advanced practice registered nurse compact contained in section 152E.3 and which has communicated information relating to such action pursuant to the coordinated licensure information system established by the compact. If the action taken by the licensing authority occurs in a jurisdiction which does not afford the procedural protections of chapter 17A, the licensee may object to the communicated information and shall be afforded the procedural protections of chapter 17A.   d. Knowingly aiding, assisting, procuring, advising, or allowing a person to unlawfully practice nursing.   e. Being adjudicated mentally incompetent by a court of competent jurisdiction. Such adjudication shall automatically suspend a license for the duration of the license, unless the board orders otherwise.   f. Being guilty of willful or repeated departure from or the failure to conform to the minimum standard of acceptable and prevailing practice of nursing; however, actual injury to a patient need not be established.   g. (1) Inability to practice nursing with reasonable skill and safety by reason of illness, excessive use of alcohol, drugs, narcotics, chemicals, or other type of material or as a result of a mental or physical condition.   (2) The board may, upon probable cause, request a licensee to submit to an appropriate medical evaluation by a designated health care provider. If requested by the licensee, the licensee may also designate a health care provider for an independent medical evaluation. Refusal or failure of a licensee to complete such evaluations shall constitute an admission of any allegations relating to such condition. All objections shall be waived as to the admissibility of the examining health care providers testimony or evaluation reports on the grounds that they constitute privileged communication. The medical testimony or evaluation reports shall not be used against a registered nurse, licensed practical nurse, or advanced registered nurse practitioner in another proceeding and shall be confidential. At reasonable intervals, a registered nurse, licensed practical nurse, or advanced registered nurse practitioner shall be afforded an opportunity to demonstrate that the registered nurse, licensed practical nurse, or advanced registered nurse practitioner can resume the competent practice of nursing with reasonable skill and safety to patients.  [C77, 79, 81, 152.10]  2000 Acts, ch 1008, 7; 2005 Acts, ch 53, 7; 2008 Acts, ch 1088, 104; 2015 Acts, ch 56, 14; 2020 Acts, ch 1103, 17, 31; 2021 Acts, ch 80, 82  Referred to in 272C.3, 272C.4, 272C.5  Subsection 1 amended 
152.11 Investigators for nurses.   The board of nursing may appoint investigators, who shall not be members of the board, to administer and aid in the enforcement of the provisions of law related to those licensed to practice nursing. The amount of compensation for the investigators shall be determined pursuant to chapter 8A, subchapter IV. Investigators authorized by the board of nursing have the powers and status of peace officers when enforcing this chapter and chapters 147, 152E, and 272C.  93 Acts, ch 41, 1; 2003 Acts, ch 145, 199; 2018 Acts, ch 1026, 53  Referred to in 272C.5 
152.12 Examination information.   Notwithstanding section 147.21, individual pass or fail examination results made available from the authorized national testing agency may be disclosed to the appropriate licensing authority in another state, the District of Columbia, or a territory or country, and the board-approved education program, for purposes of verifying accuracy of national data and determining program approval.  97 Acts, ch 159, 22; 2008 Acts, ch 1088, 105; 2012 Acts, ch 1021, 47 
152.2 Executive director.   The board shall retain a full-time executive director, who shall be appointed pursuant to section 135.11B. The executive director shall be a registered nurse. The governor, with the approval of the executive council pursuant to section 8A.413, subsection 3, under the pay plan for exempt positions in the executive branch of government, shall set the salary of the executive director.  [C35, 2537-g1; C39, 2537.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 147.105; C77, 79, 81, 152.2]  2003 Acts, ch 145, 197; 2008 Acts, ch 1031, 106; 2019 Acts, ch 85, 61; 2020 Acts, ch 1063, 64  Referred to in 152E.2 
152.3 Directors duties.   The duties of the executive director shall be as follows:   1. To receive all applications to be licensed for the practice of nursing.   2. To collect and receive all fees.   3. To keep all records pertaining to the licensing of nurses, including a record of all board proceedings.   4. To perform such other duties as may be prescribed by the board.   5. To appoint assistants to the director and persons necessary to administer this chapter. Any appointments shall be merit appointments made pursuant to chapter 8A, subchapter IV.  [C35, 2537-g2, -g3; C39, 2537.2, 2537.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 147.106, 147.107; C77, 79, 81, 152.3]  88 Acts, ch 1134, 31; 2003 Acts, ch 145, 198, 286; 2006 Acts, ch 1155, 8, 9, 15 
152.4 Appropriations.   The board may apply appropriated funds to:   1. The administration and enforcement of the provisions of this chapter and chapters 147, 152E, and 272C.   2. The elevation of the standards of the schools of nursing.   3. The promotion of educational and professional standards of nurses in this state.   4. The collection, analysis, and dissemination of nursing workforce data.  [C35, 2537-g3; C39, 2537.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 147.107; C77, 79, 81, 152.4]  2015 Acts, ch 56, 9 
152.5 Education programs.   1. All programs preparing a person to be a registered nurse or a licensed practical nurse shall be approved by the board. The board shall not recognize a program unless it:   a. Is of recognized standing.   b. Has provisions for adequate physical and clinical facilities and other resources with which to conduct a sound education program.   c. Requires, for graduation of a registered nurse applicant, the completion of at least a two academic year course of study.   d. Requires, for graduation of a licensed practical nurse applicant, the completion of at least a one academic year course of study as prescribed by the board.   2. All postlicense formal academic nursing education programs shall also be approved by the board.  [S13, 2575-a29; C24, 27, 31, 35, 39, 2564; C46, 50, 54, 58, 62, 66, 71, 73, 75, 152.4; C77, 79, 81, 152.5]  95 Acts, ch 79, 1; 2006 Acts, ch 1008, 1; 2015 Acts, ch 56, 10  Referred to in 152.5A, 152.7, 235A.15, 235B.6, 261.116 
152.5A Student record checks.   1. For the purposes of this section:   a. Comprehensive preliminary background check means the same as defined in section 135C.1.   b. Nursing program means a nursing program that is approved by the board pursuant to section 152.5.   c. Student means a person applying for, enrolled in, or returning to the clinical education component of a nursing program.   2. Prior to a student beginning or returning to a nursing program, the nursing program shall do one of the following in substantial conformance with the provisions of section 135C.33:   a. Request that the department of public safety perform a criminal history check and the department of human services perform child and dependent adult abuse record checks of the student in this state.   b. Access the single contact repository to perform the required record checks.   3. a. If a program accesses the single contact repository to perform the required record checks pursuant to subsection 2, the program may utilize a third-party vendor to perform a comprehensive preliminary background check to allow a student to provisionally participate in the clinical education component of the nursing program pending completion of the required record checks through the single contact repository and the evaluation by the department of human services, as applicable, subject to all of the following:   (1) If the comprehensive preliminary background check determines that the student being considered for provisional participation has been convicted of a crime, but the crime does not constitute a felony as defined in section 701.7 and is not a crime specified pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or 712, or pursuant to section 726.3, 726.7, or 726.8.   (2) If the comprehensive preliminary background check determines the student being considered for provisional participation does not have a record of founded child abuse or dependent adult abuse, or if an exception pursuant to section 135C.33, subsection 4, is applicable to the student.   (3) If the program has requested an evaluation in accordance with section 135C.33, subsection 2, paragraph a, to determine whether the crime warrants prohibition of the students provisional participation.   b. The provisional participation under this subsection 3 may continue until such time as the required record checks through the single contact repository and the evaluation by the department of human services, as applicable, are completed.   4. If a student has a criminal record or a record of founded child or dependent adult abuse, upon request of the nursing program, the department of human services shall perform an evaluation to determine whether the record warrants prohibition of the students involvement in a clinical education component of a nursing program involving children or dependent adults. The department of human services shall utilize the criteria provided in section 135C.33 in performing the evaluation and shall report the results of the evaluation to the nursing program. The department of human services has final authority in determining whether prohibition of the students involvement in a clinical education component is warranted.  2015 Acts, ch 56, 11; 2020 Acts, ch 1029, 6  Referred to in 235A.15, 235B.6  Department of inspections and appeals to post list of third-party vendors eligible to conduct comprehensive preliminary background checks; 2020 Acts, ch 1029, 7 
152.6 Licenses  professional abbreviations.   The board may license a natural person to practice as a registered nurse, as a licensed practical nurse, or as an advanced registered nurse practitioner. However, only a person currently licensed as a registered nurse in this state may use that title and the letters R.N. after the persons name; only a person currently licensed as a licensed practical nurse in this state may use that title and the letters L.P.N. after the persons name; and only a person currently licensed as an advanced registered nurse practitioner may use that title and the letters A.R.N.P. after the persons name. For purposes of this section, currently licensed includes persons licensed in another state and recognized for licensure in this state pursuant to the nurse licensure compact contained in section 152E.1 or pursuant to the advanced practice registered nurse compact contained in section 152E.3.  [C50, 54, 58, 62, 66, 71, 73, 75, 152.5; C77, 79, 81, 152.6]  2000 Acts, ch 1008, 4; 2005 Acts, ch 53, 4; 2014 Acts, ch 1019, 2; 2015 Acts, ch 56, 12  Referred to in 272C.2C 
152.7 Applicant qualifications.   1. In addition to the provisions of section 147.3, an applicant to be licensed for the practice of nursing shall have the following qualifications:   a. Be a graduate of an accredited high school or the equivalent.   b. Pass an examination as prescribed by the board.   c. Complete a course of study approved by the board pursuant to section 152.5.   2. An applicant to be licensed as an advanced registered nurse practitioner shall have the following qualifications:   a. Hold a current license as a registered nurse.   b. Satisfactory completion of a formal advanced practice educational program of study in a nursing specialty area approved by the board.   c. Hold an advanced level certification by a recognized national certifying body.   3. For purposes of licensure pursuant to the nurse licensure compact contained in section 152E.1, the compact administrator may refuse to accept a change in the qualifications for licensure as a registered nurse or as a licensed practical or vocational nurse by a licensing authority in another state which is a party to the compact which substantially modifies that states qualifications for licensure in effect on July 1, 2000. For purposes of licensure pursuant to the advanced practice registered nurse compact contained in section 152E.3, the compact administrator may refuse to accept a change in the qualifications for licensure as an advanced practice registered nurse by a licensing authority in another state which is a party to the compact which substantially modifies that states qualifications for licensure in effect on July 1, 2005. A refusal to accept a change in a party states qualifications for licensure may result in submitting the issue to an arbitration panel or in withdrawal from the respective compact, at the discretion of the compact administrator.  [S13, 2575-a29, -a30; C24, 27, 31, 35, 39, 2563; C46, 50, 54, 58, 62, 66, 71, 73, 75, 152.3; C77, 79, 81, 152.7]  95 Acts, ch 79, 2; 2000 Acts, ch 1008, 5; 2000 Acts, ch 1140, 37; 2000 Acts, ch 1232, 50; 2005 Acts, ch 53, 5; 2006 Acts, ch 1030, 15; 2007 Acts, ch 22, 37; 2015 Acts, ch 56, 13  Referred to in 152.8 
152.8 Reciprocity.   Notwithstanding the provisions of sections 147.44, 147.48, 147.49, and 147.53, the following shall apply regarding applicants for nurse licensure possessing a license from another state:   1. A license possessed by an applicant from a state which has not adopted the nurse licensure compact contained in section 152E.1 or the advanced practice registered nurse compact contained in section 152E.3 shall be recognized by the board under conditions specified which indicate that the licensee meets all the qualifications required under section 152.7. If a foreign license is recognized, the board may issue a license by endorsement without an examination being required. Recognition shall be based on whether the foreign licensee is qualified to practice nursing. The board may issue a temporary license to a natural person who has completed the requirements of and applied for licensure by endorsement. The board shall determine the length of time a temporary license shall remain effective.   2. A license possessed by an applicant and issued by a state which has adopted the nurse licensure compact contained in section 152E.1 or the advanced practice registered nurse compact contained in section 152E.3 shall be recognized pursuant to the provisions of that section.  [C35, 2537-g3; C39, 2537.3; C46, 50, 54, 58, 62, 147.107; C66, 71, 73, 75, 147.107, 152.7; C77, 79, 81, 152.8]  2000 Acts, ch 1008, 6; 2005 Acts, ch 53, 6; 2008 Acts, ch 1088, 103 
152.9 Temporary license.   The board may issue a temporary license to a natural person who has completed the requirements of and applied for licensure by endorsement. The board shall determine the length of time a temporary license shall remain effective.  [C77, 79, 81, 152.9]  94 Acts, ch 1123, 1 
152.9A Limited nursing authorization.   The board may issue a limited authorization to a nurse to complete the clinical component of a nurse refresher course. The board shall determine the length of time a limited nursing authorization shall remain effective.  2018 Acts, ch 1092, 1 
152A.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Board means the board of dietetics created under chapter 147.   2. Licensed dietitian or dietitian means a person who holds a valid license to practice dietetics pursuant to this chapter.  85 Acts, ch 168, 8; 2007 Acts, ch 10, 127 
152A.2 License requirements.   1. An applicant shall be issued a license to practice dietetics by the board when the applicant satisfies all of the following:   a. Possesses a baccalaureate degree or postbaccalaureate degree with a major course of study in human nutrition, food and nutrition, dietetics, or food systems management, or in an equivalent major course of study which meets minimum academic requirements as established by the accreditation council for education in nutrition and dietetics of the academy of nutrition and dietetics and approved by the board.   b. Completes an accredited competency-based supervised experience program approved by the accreditation council for education in nutrition and dietetics of the academy of nutrition and dietetics and approved by the board.   c. Satisfactorily completes the commission on dietetic registration of the academy of nutrition and dietetics examination approved by the board.   2. Renewal of a license granted under this chapter shall not be approved unless the applicant has satisfactorily completed the continuing education requirements for the license as prescribed by the board.  85 Acts, ch 168, 9; 2014 Acts, ch 1006, 1 
152A.3 Exemptions.   The following are not subject to this chapter:   1. Licensed physicians and surgeons, nurses, chiropractors, dentists, dental hygienists, pharmacists or physical therapists who make dietetic or nutritional assessments, or give dietetic or nutritional advice in the normal practice of their profession or as otherwise authorized by law.   2. Dietetics students who engage in clinical practice under the supervision of a dietitian as part of a dietetic education program or a competency-based supervised experience program approved by the accreditation council for education in nutrition and dietetics of the academy of nutrition and dietetics.   3. Dietitians who serve in the armed forces or the public health service of the United States or are employed by the United States department of veterans affairs, provided their practice is limited to that service or employment.   4. Dietitians who are licensed in another state, United States possession, or country, or have received at least a baccalaureate degree and are in this state for the purpose of:   a. Consultation, provided the practice in this state is limited to consultation.   b. Conducting a teaching clinical demonstration in connection with a program of basic clinical education, graduate education, or postgraduate education which is sponsored by a dietetic education program or a competency-based supervised experience program approved by the accreditation council for education in nutrition and dietetics of the academy of nutrition and dietetics.   5. Individuals who do not call themselves dietitians but routinely, in the course of doing business, market or distribute weight loss programs or sell nutritional products and provide explanations for customers regarding the use of the programs or products relative to normal nutritional needs.   6. Individuals who provide routine education and advice regarding normal nutritional requirements and sources of nutrients, including, but not limited to, persons who provide information as to the use and sale of food and food materials including dietary supplements.  85 Acts, ch 168, 10; 2009 Acts, ch 26, 9; 2014 Acts, ch 1006, 2, 3 
152B.1 Definitions.   As used in this chapter, unless otherwise defined or the context otherwise requires:   1. Board means the board of respiratory care and polysomnography created under chapter 147.   2. Department means the Iowa department of public health.   3. Formal training means a supervised, structured educational activity that includes preclinical didactic and laboratory activities and clinical activities approved by an accrediting agency recognized by the board, and including an evaluation of competence through a standardized testing mechanism that is determined by the board to be both valid and reliable.   4. Qualified health care professional prescriber means a physician assistant operating under the prescribing authority granted in section 147.107 or an advanced registered nurse practitioner operating under the prescribing authority granted in section 147.107.   5. Qualified medical director means a licensed physician or surgeon who is a member of a hospitals or health care facilitys active medical staff and who has special interest and knowledge in the diagnosis and treatment of respiratory problems, is qualified by special training or experience in the management of acute and chronic respiratory disorders, is responsible for the quality, safety, and appropriateness of the respiratory care services provided, and is readily accessible to the respiratory care practitioners to assure their competency.   6. Respiratory care includes respiratory therapy or inhalation therapy.   7. Respiratory care education program means a course of study leading to eligibility for registration or certification in respiratory care which is recognized or approved by the board.   8. Respiratory care practitioner or practitioner means a person who meets all of the following:   a. Is qualified in the practice of cardiorespiratory care and has the knowledge and skill necessary to administer respiratory care as defined in section 152B.3.   b. Is capable of serving as a resource to the physician or surgeon in relation to the technical aspects of cardiorespiratory care and to safe and effective methods for administering respiratory care modalities.   c. Is able to function in situations of unsupervised patient contact requiring individual judgment.   d. Is capable of supervising, directing, or teaching less skilled personnel in the provision of respiratory care services.   9. Respiratory therapist means a person who has successfully completed a respiratory care education program for training respiratory therapists and has passed the registry examination for respiratory therapists administered by the national board for respiratory care or a respiratory therapy licensure examination approved by the board.   10. Respiratory therapy technician means a person who has successfully completed a respiratory care education program for training therapists and has passed the certification examination for respiratory therapy technicians administered by the national board for respiratory care or a respiratory therapist technicians licensure examination approved by the board.  85 Acts, ch 151, 1  CS85, 135F.1  90 Acts, ch 1193, 1  C93, 152B.1  96 Acts, ch 1036, 31; 2007 Acts, ch 10, 128; 2012 Acts, ch 1041, 1; 2013 Acts, ch 90, 30; 2015 Acts, ch 70, 15 
152B.10 Liability.   A respiratory care practitioner who in good faith renders emergency care at the scene of an emergency is not liable for civil damages as a result of acts or omissions by the person rendering the emergency care. This section does not grant immunity from liability for civil damages when the respiratory care practitioner is grossly negligent.  85 Acts, ch 151, 10  CS85, 135F.10  C93, 152B.10 
152B.11 Continuing education.   1. After July 1, 1991, a respiratory care practitioner shall submit evidence satisfactory to the board that during the year preceding renewal of licensure the practitioner has completed continuing education courses as prescribed by the board. In lieu of the continuing education, a person may successfully complete the most current version of the licensure examination.   2. Persons who are not licensed under this chapter but who perform respiratory care as defined by sections 152B.2 and 152B.3 shall comply with the continuing education requirements of this section. The board shall adopt rules for the administration of this requirement.   3. Except for those licensed by the board, this section does not apply to persons who are licensed to practice a health profession covered by chapter 147, when the licensees performance of respiratory care practices falls within the scope of practice, as permitted by their respective licensing boards.  85 Acts, ch 151, 11  CS85, 135F.11  90 Acts, ch 1193, 6  C93, 152B.11  95 Acts, ch 41, 23; 96 Acts, ch 1036, 36; 97 Acts, ch 68, 3; 2017 Acts, ch 54, 76 
152B.12 Suspension and revocation of licenses.   The board may suspend, revoke or impose probationary conditions upon a license issued pursuant to rules adopted in accordance with section 152B.6.  85 Acts, ch 151, 12  CS85, 135F.12  90 Acts, ch 1193, 7  C93, 152B.12  96 Acts, ch 1036, 37 
152B.13 Board of respiratory care. Repealed by 2010 Acts, ch 1163, 8. 
152B.14 Licensure through examination.   The board shall issue a license to practice respiratory care to an applicant who has passed an examination administered by the state or a national agency approved by the board.  96 Acts, ch 1036, 39; 2005 Acts, ch 89, 16 
152B.2 Respiratory care as a practice defined.   1. a. Respiratory care as a practice means a health care profession, under medical direction, employed in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions, and includes all of the following:   (1) Direct and indirect pulmonary care services that are safe and of comfort, aseptic, preventative, and restorative to the patient.   (2) Direct and indirect respiratory care services including but not limited to the administration of pharmacological and diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a licensed physician or surgeon or a qualified health care professional prescriber.   (3) Observation and monitoring of signs and symptoms, general behavior, reactions, general physical response to respiratory care treatment and diagnostic testing.   (4) Determination of whether the signs, symptoms, behavior, reactions, or general response exhibit abnormal characteristics.   (5) Implementation based on observed abnormalities, of appropriate reporting, referral, or respiratory care protocols or changes in treatment regimen.   b. Respiratory care as a practice does not include the delivery, assembly, setup, testing, or demonstration of respiratory care equipment in the home upon the order of a licensed physician or surgeon or a qualified health care professional prescriber. As used in this paragraph, demonstration does not include the actual teaching, administration, or performance of the respiratory care procedures.   2. Respiratory care protocols as used in this section means policies and procedures developed by an organized health care system through consultation, when appropriate, with administrators, licensed physicians and surgeons, qualified health care professional prescribers, licensed registered nurses, licensed physical therapists, licensed respiratory care practitioners, and other licensed health care practitioners.  85 Acts, ch 151, 2  CS85, 135F.2  90 Acts, ch 1193, 2  C93, 152B.2  97 Acts, ch 68, 1; 2012 Acts, ch 1041, 2  4; 2012 Acts, ch 1138, 51; 2013 Acts, ch 90, 31  Referred to in 152B.5, 152B.7A, 152B.11 
152B.3 Performance of respiratory care.   1. The performance of respiratory care shall be in accordance with the prescription of a licensed physician or surgeon or a qualified health care professional prescriber and includes but is not limited to the diagnostic and therapeutic use of the following:   a. Administration of medical gases, aerosols, and humidification, not including general anesthesia.   b. Environmental control mechanisms and paramedical therapy.   c. Pharmacologic agents relating to respiratory care procedures.   d. Mechanical or physiological ventilatory support.   e. Bronchopulmonary hygiene.   f. Cardiopulmonary resuscitation.   g. Maintenance of the natural airways.   h. Insertion without cutting tissues and maintenance of artificial airways.   i. Specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment, and research of pulmonary abnormalities, including measurement of ventilatory volumes, pressures, and flows, collection of specimens of blood, and collection of specimens from the respiratory tract.   j. Analysis of blood gases and respiratory secretions.   k. Pulmonary function testing.   l. Hemodynamic and physiologic measurement and monitoring of cardiac function as it relates to cardiopulmonary pathophysiology.   m. Invasive procedures that relate to respiratory care.   2. A respiratory care practitioner may transcribe and implement a written or verbal order from a licensed physician or surgeon or a qualified health care professional prescriber pertaining to the practice of respiratory care.   3. This chapter does not authorize a respiratory care practitioner to practice medicine, surgery, or other medical practices except as provided in this section.  85 Acts, ch 151, 3  CS85, 135F.3  C93, 152B.3  2009 Acts, ch 41, 263; 2012 Acts, ch 1041, 5, 6; 2012 Acts, ch 1138, 52, 53  Referred to in 152B.1, 152B.5, 152B.7A, 152B.11 
152B.4 Location of respiratory care.   The practice of respiratory care may be performed in a hospital as defined in section 135B.1, subsection 3, and other settings where respiratory care is to be provided in accordance with a prescription of a licensed physician or surgeon or a qualified health care professional prescriber. Respiratory care may be provided during transportation of a patient and under circumstances where an emergency necessitates respiratory care.  85 Acts, ch 151, 4  CS85, 135F.4  C93, 152B.4  2012 Acts, ch 1041, 7; 2012 Acts, ch 1138, 54 
152B.5 Respiratory care students.   1. Respiratory care services may be rendered by a student enrolled in a respiratory therapy training program when these services are incidental to the students course of study.   2. A student enrolled in a respiratory therapy training program who is employed in an organized health care system may render services defined in sections 152B.2 and 152B.3 under the direct and immediate supervision of a respiratory care practitioner for a limited period of time as determined by rule. The student shall be identified as a student respiratory care practitioner.  85 Acts, ch 151, 5  CS85, 135F.5  90 Acts, ch 1193, 3  C93, 152B.5  2005 Acts, ch 89, 15 
152B.6 Board duties.   The board shall administer and implement this chapter. The boards duties in these areas shall include, but are not limited to, the following:   1. The adoption, publication and amendment of rules, in accordance with chapter 17A, necessary for the administration and enforcement of this chapter.   2. The establishment of a system for the licensure of respiratory care practitioners and the establishment and collection of licensure fees.   3. The designation of licensure examinations for respiratory care practitioners.  85 Acts, ch 151, 6  CS85, 135F.6  90 Acts, ch 1193, 4  C93, 152B.6  96 Acts, ch 1036, 32; 2006 Acts, ch 1155, 10, 15  Referred to in 152B.12 
152B.7 Representation.   A person who is qualified as a respiratory care practitioner and is licensed by the board may use the title respiratory care practitioner or the letters R.C.P. after the persons name to indicate that the person is a qualified respiratory care practitioner licensed by the board. No other person is entitled to use the title or letters or any other title or letters that indicate or imply that the person is a respiratory care practitioner, nor may a person make any representation, orally or in writing, expressly or by implication, that the person is a licensed respiratory care practitioner.  85 Acts, ch 151, 7  CS85, 135F.7  90 Acts, ch 1193, 5  C93, 152B.7  96 Acts, ch 1036, 33 
152B.7A Exceptions.   1. A person shall not practice respiratory care or represent oneself to be a respiratory care practitioner unless the person is licensed under this chapter.   2. This chapter does not prohibit any of the following:   a. The practice of respiratory care which is an integral part of the program of study by students enrolled in an accredited respiratory therapy training program approved by the board in those situations where that care is provided under the direct supervision of an appropriate clinical instructor recognized by the educational program.   b. Respiratory care services rendered in the course of an emergency.   c. Care administered in the course of assigned duties of persons in the military services.   3. This chapter is not intended to limit, preclude, or otherwise interfere with the practice of other health care providers not otherwise licensed under this chapter who are licensed and certified by this state to administer respiratory care procedures.   4. An individual who passes an examination that includes the content of one or more of the functions included in sections 152B.2 and 152B.3 shall not be prohibited from performing such procedures for which they were tested, as long as the testing body offering the examination is approved by the board.  96 Acts, ch 1036, 34; 97 Acts, ch 68, 2 
152B.8 Penalty.   A person who violates a provision of this chapter is guilty of a simple misdemeanor.  85 Acts, ch 151, 8  CS85, 135F.8  C93, 152B.8 
152B.9 Injunction.   The board may apply to a court for the issuance of an injunction or other appropriate restraining order against a person who is engaging in a violation of this chapter.  85 Acts, ch 151, 9  CS85, 135F.9  C93, 152B.9  96 Acts, ch 1036, 35 
152C.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Board means the board of massage therapy created under chapter 147.   2. Massage therapist means a person licensed to practice the health care service of the healing art of massage therapy under this chapter.   3. Massage therapy means performance for compensation of massage, myotherapy, massotherapy, bodywork, bodywork therapy, or therapeutic massage including hydrotherapy, superficial hot and cold applications, vibration and topical applications, or other therapy which involves manipulation of the muscle and connective tissue of the body, excluding osseous tissue, to treat the muscle tonus system for the purpose of enhancing health, muscle relaxation, increasing range of motion, reducing stress, relieving pain, or improving circulation.   4. Reflexology means manipulation of the soft tissues of the human body which is restricted to the hands, feet, or ears, performed by persons who do not hold themselves out to be massage therapists or to be performing massage therapy.  92 Acts, ch 1137, 1; 98 Acts, ch 1053, 29, 30; 2000 Acts, ch 1185, 2, 3; 2004 Acts, ch 1065, 1, 2; 2007 Acts, ch 10, 130  Referred to in 152C.5, 152C.7A 
152C.2 Massage therapy advisory board created  duties. Repealed by 98 Acts, ch 1053, 43. 
152C.3 Requirements for licensure.   1. The board shall adopt rules pursuant to chapter 17A establishing a procedure for licensing of massage therapists. License requirements shall include the following:   a. Completion of a curriculum of massage education at a school approved by the board which requires for admission a diploma from an accredited high school or the equivalent and requires completion of at least six hundred hours of supervised academic instruction. However, educational requirements under this paragraph are subject to reduction by the board if, after public notice and hearing, the board determines that the welfare of the public may be adequately protected with fewer hours of education.   b. Passage of an examination given or approved by the board.   c. Payment of a reasonable fee required by the board which shall compensate and be retained by the board for the costs of administering this chapter.   2. In addition to provisions for licensure, the rules shall include the following:   a. Requirements regarding completion of at least twelve hours of continuing education annually regarding subjects concerning massage and related techniques or the health and safety of the public, subject to reduction by the board if, after public notice and hearing, the board determines that the welfare of the public may be adequately protected with fewer hours.   b. Requirements for issuance of a reciprocal license to licensees of states with license requirements equal to or exceeding those of this chapter. The rules shall provide for issuance of a temporary reciprocal license for licensees of states with lower requirements.   3. A massage therapist licensed pursuant to this chapter shall be issued a license number and a license certificate.  92 Acts, ch 1137, 3; 93 Acts, ch 71, 1; 98 Acts, ch 1053, 31  33; 2011 Acts, ch 57, 1  Referred to in 152C.5, 152C.7 
152C.4 Practicing as a massage therapist without a license  employment of person not licensed  civil penalty.   1. The board, or its authorized agents, may inspect any facility that advertises or offers the services of massage therapy. The board may, by order, impose a civil penalty upon a person who practices as a massage therapist without a license issued under this chapter or a person or business that employs an individual who is not licensed under this chapter. The penalty shall not exceed one thousand dollars for each offense. Each day of a continued violation after an order or citation by the board constitutes a separate offense, with the maximum penalty not to exceed ten thousand dollars. In determining the amount of a civil penalty, the board may consider the following:   a. Whether the amount imposed will be a substantial economic deterrent to the violation.   b. The circumstances leading to or resulting in the violation.   c. The severity of the violation and the risk of harm to the public.   d. The economic benefits gained by the violator as a result of noncompliance.   e. The welfare or best interest of the public.   2. Before issuing an order or citation under this section, the board shall provide written notice and the opportunity to request a hearing on the record. The hearing must be requested within thirty days of the issuance of the notice and shall be conducted as provided in chapter 17A. The board may, in connection with a proceeding under this section, issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence and may request the attorney general to bring an action to enforce the subpoena.   3. A person aggrieved by the imposition of a civil penalty under this section may seek judicial review in accordance with section 17A.19. The board shall notify the attorney general of the failure to pay a civil penalty within thirty days after entry of an order pursuant to subsection 1, or within ten days following final judgment in favor of the board if an order has been stayed pending appeal. The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs. An action to enforce an order under this section may be joined with an action for an injunction.  92 Acts, ch 1137, 4; 98 Acts, ch 1053, 34; 2000 Acts, ch 1185, 4 
152C.5 Practice or use of title  license required.   1. The practice of massage therapy as defined in section 152C.1 is strictly prohibited by unlicensed individuals. It is a serious misdemeanor for a person to engage in or offer to engage in the practice of massage therapy, or use in connection with the persons name, the initials L.M.T. or the words licensed massage therapist, massage therapist, masseur, masseuse, or any other word or title that implies or represents that the person practices massage therapy, unless the person possesses a license issued under the provisions of section 152C.3.   2. It shall be an affirmative defense to a prosecution for a violation of subsection 1, in addition to any other affirmative defenses for which the defendant might be eligible, that the defendant is a victim of a crime that is a violation of section 710A.2.  92 Acts, ch 1137, 5; 2000 Acts, ch 1185, 5; 2019 Acts, ch 106, 1 
152C.5A Massage therapy modalities study.   The Iowa department of public health, with input from the board, shall conduct a study regarding the modalities associated with the practice of massage therapy. The study shall be conducted with the input of licensed massage therapists, reflexologists, and unlicensed persons practicing modalities related to massage therapy. The objective of the study shall be to determine which modalities shall be included under the definition of massage therapy and require licensure, and shall include, but not be limited to, a recommendation regarding the licensure of reflexologists. The study shall focus on the health, safety, and welfare of the public regarding each of the modalities reviewed. The department shall submit a report summarizing the results of the study and making recommendations regarding modality inclusion to the general assembly by January 15, 2004.  2003 Acts, ch 70, 1  Referred to in 152C.7A 
152C.5B License and government-issued identification  peace officer request.   1. For purposes of this section, unless the context otherwise requires:   a. Government-issued identification means any of the following:   (1) An unexpired drivers license issued by any state, territory, or district of the United States.   (2) An unexpired identification card issued by any state, territory, or district of the United States.   (3) An unexpired United States passport.   (4) A naturalization certificate issued by the United States citizenship and immigration services.   (5) An unexpired permanent resident card, also known as a green card, issued by the United States citizenship and immigration services.   (6) An unexpired employment authorization document issued by the United States citizenship and immigration services.   b. Peace officer means any of the following:   (1) Sheriffs and their regular deputies who are subject to mandated law enforcement training.   (2) Marshals and police officers of cities.   (3) Peace officer members of the department of public safety as defined in chapter 80.   (4) Special security officers employed by board of regents institutions as set forth in section 262.13.   (5) Such employees of the department of transportation as are designated peace officers by resolution of the department under section 321.477.   (6) Employees of an aviation authority designated as peace officers by the authority under section 330A.8, subsection 16.   2. A person licensed or who purports to be licensed under this chapter shall, upon the request of any peace officer investigating a complaint of illegal services, present a copy of the persons valid Iowa massage therapist license and a government-issued identification to the peace officer. A person who violates this subsection commits a serious misdemeanor.  2021 Acts, ch 123, 1  Referred to in 710A.1, 710A.2, 710A.3  NEW section 
152C.5C Announcements to the public.   1. For purposes of this section, announcement to the public means the use of any print media, broadcast media, subscription internet site, internet site available to the public, or any other means to do any of the following:   a. Advertise or market massage therapy services.   b. Provide a site for clients to post reviews.   c. Offer a virtual marketplace at which goods or services may be offered or clients may be solicited.   2. A person shall not do any of the following in an announcement to the public:   a. Represent that another person is licensed under this chapter when the person knows, or has reason to know, that the other person is not licensed.   b. Falsely represent the persons self as licensed under this chapter.   c. Offer the services of massage therapy if paragraph a or b of this subsection applies.   d. Offer, or imply the offer of, services that violate state law.   3. A person who violates subsection 2 commits a serious misdemeanor.  2021 Acts, ch 123, 2  Referred to in 710A.3  NEW section 
152C.6 Enforcement. Repealed by 2017 Acts, ch 122, 23. 
152C.7 Suspension and revocation of licenses.   The board may suspend, revoke, or impose probationary conditions upon a license issued pursuant to rules adopted in accordance with section 152C.3.  92 Acts, ch 1237, 11; 98 Acts, ch 1053, 35 
152C.7A Temporary exemptions.   An individual who is engaged exclusively in the practice of reflexology or an unlicensed individual who is practicing a modality related to massage therapy, and whose professional practice does not incorporate aspects that constitute massage therapy as defined in section 152C.1, shall not be subject to the licensure provisions of this chapter for a one-year period beginning July 1, 2003, and ending June 30, 2004. Beginning July 1, 2004, an individual who is engaged exclusively in the practice of reflexology or an unlicensed individual who is practicing a modality related to massage therapy shall be subject to licensure pursuant to this chapter unless, based upon the recommendations contained in the massage therapy modalities study as provided in section 152C.5A, the practice of reflexology or an unlicensed individual who is practicing a modality related to massage therapy is permanently exempted from massage therapy licensure.  2003 Acts, ch 70, 2 
152C.8 Transition provisions. Repealed by  2008 Acts, ch 1088, 79  . 
152C.9 Exemptions.   This chapter shall not apply to the following persons:   1. Persons who are licensed to practice medicine or surgery, osteopathic medicine and surgery, chiropractic, cosmetology arts and sciences, or podiatry in this state; or athletic trainers, technicians, nurses, occupational therapists, physical therapists, or physician assistants licensed, certified, or registered in this state or acting under the prescription or supervision of a person licensed to practice medicine or surgery or osteopathic medicine and surgery in this state.   2. Persons who are licensed, registered, or certified in another state, territory, the District of Columbia, or a foreign country when incidentally present in this state to teach a course of instruction related to massage and bodywork therapy or to consult with a person licensed under subtitle 3 of this title.   3. Students enrolled in a program recognized by the board while completing a clinical requirement for graduation performed under the supervision of a person licensed under subtitle 3 of this title.   4. Persons giving massage and bodywork to members of their immediate family.   5. Persons practicing reflexology.   6. Persons engaged within the scope of practice of a profession with established standards and ethics utilizing touch, words, and directed movement to deepen awareness of existing patterns of movement in the body as well as to suggest new possibilities of movement, provided that the practices performed or services rendered are not designated or implied to be massage therapy. Such practices include, but are not limited to, the Feldenkrais method, the Trager approach, and mind-body centering.   7. Persons engaged within the scope of practice of a profession with established standards and ethics in which touch is limited to that which is essential for palpitation and affectation of the human energy system, provided that the practices performed or services rendered are not designated or implied to be massage therapy.   8. Persons incidentally present in this state to provide services as part of an emergency response team working in conjunction with disaster relief officials.  2004 Acts, ch 1065, 3; 2008 Acts, ch 1088, 141 
152D.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Athlete means a person who participates in a sanctioned amateur or professional sport or other recreational sports activity.   2. Athletic injury means any of the following:   a. An injury or illness sustained by an athlete as a result of the athletes participation in sports, games, or recreational sports activities.   b. An injury or illness that impedes or prevents an athlete from participating in sports, games, or recreational sports activities.   3. Athletic trainer means a person licensed under this chapter to practice athletic training under the direction of a licensed physician.   4. Athletic training means the practice of prevention, recognition, assessment, physical evaluation, management, treatment, disposition, and physical reconditioning of athletic injuries that are within the professional preparation and education of a licensed athletic trainer and under the direction of a licensed physician. The term athletic training includes the organization and administration of educational programs and athletic facilities, and the education and counseling of the public on matters relating to athletic training.   5. Board means the board of athletic training created under chapter 147.  94 Acts, ch 1132, 1; 98 Acts, ch 1053, 36, 37; 2004 Acts, ch 1045, 3; 2007 Acts, ch 10, 131 
152D.2 Licensing and practice requirements. Repealed by  2004 Acts, ch 1045, 11  . See 152D.7. 
152D.3 Requirements for licensure.   1. An applicant for a license to practice athletic training shall:   a. Be a graduate of an accredited college or university and comply with the minimum athletic training curriculum requirements established by the board.   b. Have successfully completed an examination prepared or selected by the board.   2. Application and renewal procedures, fees, and reciprocal agreements shall be provided in accordance with rules adopted by the board pursuant to chapter 17A.  94 Acts, ch 1132, 3; 95 Acts, ch 94, 2; 98 Acts, ch 1053, 38; 2004 Acts, ch 1045, 4 
152D.4 Scope of chapter.   The provisions of this chapter do not apply to any of the following:   1. Persons otherwise licensed to practice medicine and surgery, osteopathic medicine and surgery, optometry, occupational therapy, nursing, chiropractic, podiatry, dentistry, or physical therapy, and licensed physician assistants who do not represent themselves to the public as athletic trainers.   2. Elementary or secondary school teachers, coaches, or authorized volunteers who do not hold themselves out to the public as athletic trainers.   3. Students of athletic training who practice athletic training under the supervision of a licensed athletic trainer in connection with the regular course of instruction at a school providing athletic training instruction.   4. An athletic trainer who is in this state temporarily with an individual or group that is participating in an athletic event and who is licensed, certified, or registered by another state or country, or certified as an athletic trainer by the board of certification of the national athletic trainers association or its successor organization.  94 Acts, ch 1132, 4; 2004 Acts, ch 1045, 5, 6; 2006 Acts, ch 1010, 55; 2008 Acts, ch 1088, 141 
152D.5 Duties of the board.   The board shall:   1. Adopt rules consistent with this chapter and chapter 147 which are necessary for the performance of its duties.   2. Establish standards and guidelines for athletic trainers including minimum curriculum requirements.   3. Prepare and conduct, or prescribe, an examination for applicants for a license.   4. Establish a system for the collection of licensure fees.  94 Acts, ch 1132, 5; 98 Acts, ch 1053, 39; 2004 Acts, ch 1045, 7; 2006 Acts, ch 1155, 11, 15 
152D.6 License suspension and revocation.   A license issued by the board under the provisions of this chapter may be suspended or revoked, or renewal denied by the board, for violation of any provision of this chapter or section 147.55, section 272C.10, or rules adopted by the board.  94 Acts, ch 1132, 6; 98 Acts, ch 1053, 40 
152D.7 Practice or use of title  license required.   1. An individual licensed pursuant to this chapter shall be designated a licensed athletic trainer and may use the letters LAT after the individuals name.   2. It is unlawful for a person to engage in the practice of athletic training, or use in connection with the persons name the title athletic trainer, licensed athletic trainer, registered athletic trainer, the letters AT, AT,C, LAT, ATC/L, or ATC-L, or other words, abbreviations, or insignia that imply or represent that the person practices athletic training, unless the person is licensed pursuant to this chapter.   3. The practice of physical reconditioning shall be carried out under the oral or written orders of a physician or physician assistant. A physician or physician assistant who issues an oral order must reduce the order to writing and provide a copy of the order to the athletic trainer within thirty days of the oral order.  2004 Acts, ch 1045, 8 
152D.8 Penalty.   A person who violates a provision of this chapter is guilty of a serious misdemeanor.  94 Acts, ch 1132, 8; 2004 Acts, ch 1045, 9 
152D.9 Transition provisions.   1. Applicants for licensure under this chapter who have not passed a licensure examination administered or approved by the board by July 1, 2004, shall be issued a temporary license to practice athletic training for a period of three years, commencing on July 1, 2004, provided that the applicant satisfies all of the following requirements:   a. Submits a letter of recommendation to the board from the applicants most recent employer.   b. Submits letters of recommendation to the board from two licensed physicians attesting to the competency of the applicant.   c. Presents satisfactory evidence to the board that the applicant possesses current cardiopulmonary resuscitation and first aid certification.   d. Presents satisfactory evidence to the board demonstrating that the applicant possesses a baccalaureate degree from an accredited college or university.   2. An applicant issued a temporary license pursuant to this section shall pass a licensure examination administered or approved by the board on or before July 1, 2007, in order to remain licensed as an athletic trainer.  2004 Acts, ch 1045, 10 
152E.1 Form of compact.   1. Article I  Findings and declaration of purpose.   a. The party states find that:   (1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws.   (2) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public.   (3) The expanded mobility of nurses and the use of advanced communication technologies as part of our nations health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation.   (4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex.   (5) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states.   (6) Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.   b. The general purposes of this compact are to:   (1) Facilitate the states responsibility to protect the publics health and safety.   (2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation.   (3) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions.   (4) Promote compliance with the laws governing the practice of nursing in each jurisdiction.   (5) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.   (6) Decrease redundancies in the consideration and issuance of nurse licenses.   (7) Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.   2. Article II  Definitions. As used in this compact:   a. Adverse action means any administrative, civil, equitable, or criminal action permitted by a states laws which is imposed by a licensing board or other authority against a nurse, including actions against an individuals license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensees practice, or any other encumbrance on licensure affecting a nurses authorization to practice, including issuance of a cease and desist action.   b. Alternative program means a nondisciplinary monitoring program approved by a licensing board.   c. Coordinated licensure information system means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.   d. Current significant investigative information means either of the following:   (1) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.   (2) Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.   e. Encumbrance means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.   f. Home state means the party state which is the nurses primary state of residence.   g. Licensing board means a party states regulatory body responsible for issuing nurse licenses.   h. Multistate license means a license to practice as a registered or a licensed practical or vocational nurse issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.   i. Multistate licensure privilege means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse or a licensed practical or vocational nurse in a remote state.   j. Nurse means a registered nurse or licensed practical or vocational nurse, as those terms are defined by each party states practice laws.   k. Party state means any state that has adopted this compact.   l. Remote state means a party state other than the home state.   m. Single-state license means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.   n. State means a state, territory, or possession of the United States and the District of Columbia.   o. State practice laws means a party states laws, rules, and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. State practice laws does not include the initial qualifications for licensure or requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.   3. Article III  General provisions and jurisdiction.   a. A multistate license to practice registered or licensed practical or vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse or as a licensed practical or vocational nurse, under a multistate licensure privilege, in each party state.   b. A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicants criminal history record information from the federal bureau of investigation and the agency responsible for retaining that states criminal records.   c. Each party state shall require all of the following for an applicant to obtain or retain a multistate license in the home state:   (1) Meets the home states qualifications for licensure or renewal of licensure, as well as all other applicable state laws.   (2) Either of the following:   (a) Has graduated or is eligible to graduate from a licensing board-approved registered nurse or licensed practical or vocational nurse prelicensure education program.   (b) Has graduated from a foreign registered nurse or licensed practical or vocational nurse prelicensure program that meets both of the following requirements:   (i) Has been approved by the authorized accrediting body in the applicable country.   (ii) Has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program.   (3) Has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the individuals native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening.   (4) Has successfully passed a national council licensure examination  registered nurse or national council licensure examination  practical nurse examination or recognized predecessor, as applicable.   (5) Is eligible for or holds an active, unencumbered license.   (6) Has submitted in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation and the agency responsible for retaining that states criminal records.   (7) Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law.   (8) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis.   (9) Is not currently enrolled in an alternative program.   (10) Is subject to self-disclosure requirements regarding current participation in an alternative program.   (11) Has a valid United States social security number.   d. All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurses multistate licensure privilege such as revocation, suspension, probation, or any other action that affects a nurses authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.   e. A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts, and the laws of the party state in which the client is located at the time service is provided.   f. Individuals not residing in a party state shall continue to be able to apply for a party states single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single-state license.   g. Any nurse holding a home state multistate license on the effective date of this compact may retain and renew the multistate license issued by the nurses then-current home state, provided that:   (1) A nurse who changes primary state of residence after this compacts effective date must meet all applicable requirements in article III, paragraph c, to obtain a multistate license from a new home state.   (2) A nurse who fails to satisfy the multistate licensure requirements in article III, paragraph c, due to a disqualifying event occurring after this compacts effective date shall be ineligible to retain or renew a multistate license, and the nurses multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the commission.   4. Article IV  Applications for licensure in a party state.   a. Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.   b. A nurse may hold a multistate license, issued by the home state, in only one party state at a time.   c. If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the commission.   (1) The nurse may apply for licensure in advance of a change in the primary state of residence.   (2) A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.   d. If a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.   5. Article V  Additional authorities invested in party state licensing boards.   a. In addition to the other powers conferred by state law, a licensing board shall have the authority to do all of the following:   (1) Take adverse action against a nurses multistate licensure privilege to practice within that party state.   (a) Only the home state shall have the power to take adverse action against a nurses license issued by the home state.   (b) For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.   (2) Issue cease and desist orders or impose an encumbrance on a nurses authority to practice within that party state.   (3) Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.   (4) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.   (5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the federal bureau of investigation for criminal background checks, receive the results of the federal bureau of investigation record search on criminal background checks, and use the results in making licensure decisions.   (6) If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.   (7) Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.   b. If adverse action is taken by the home state against a nurses multistate license, the nurses multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurses multistate license shall include a statement that the nurses multistate licensure privilege is deactivated in all party states during the pendency of the order.   c. Nothing in this compact shall override a party states decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurses participation in an alternative program.   6. Article VI  Coordinated licensure information system and exchange of information.   a. All party states shall participate in a coordinated licensure information system of all licensed registered nurses and licensed practical or vocational nurses. This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.   b. The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this compact.   c. All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications with the reasons for such denials and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.   d. Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.   e. Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.   f. Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.   g. Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.   h. The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state, which shall include but not be limited to the following:   (1) Identifying information.   (2) Licensure data.   (3) Information related to alternative program participation.   (4) Other information that may facilitate the administration of this compact, as determined by commission rules.   i. The compact administrator of a party state shall provide all investigative documents and information requested by another party state.   7. Article VII  Establishment of the interstate commission of nurse licensure compact administrators.   a. The party states hereby create and establish a joint public entity known as the interstate commission of nurse licensure compact administrators.   (1) The commission is an instrumentality of the party states.   (2) Venue is proper, and judicial proceedings by or against the commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.   (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.   b. Membership, voting, and meetings.   (1) Each party state shall have and be limited to one administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the party state in which the vacancy exists.   (2) Each administrator shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrators participation in meetings by telephone or other means of communication.   (3) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission.   (4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in article VIII.   (5) The commission may convene in a closed, nonpublic meeting if the commission must discuss any of the following:   (a) Noncompliance of a party state with its obligations under this compact.   (b) The employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees or other matters related to the commissions internal personnel practices and procedures.   (c) Current, threatened, or reasonably anticipated litigation.   (d) Negotiation of contracts for the purchase or sale of goods, services, or real estate.   (e) Accusing any person of a crime or formally censuring any person.   (f) Disclosure of trade secrets or commercial or financial information that is privileged or confidential.   (g) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.   (h) Disclosure of investigatory records compiled for law enforcement purposes.   (i) Disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigation of compliance with this compact.   (j) Matters specifically exempted from disclosure by federal or state statute.   (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.   c. The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact, including but not limited to any of the following:   (1) Establishing the fiscal year of the commission.   (2) Providing reasonable standards and procedures for both of the following:   (a) The establishment and meetings of other committees.   (b) Governing any general or specific delegation of any authority or function of the commission.   (3) Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the publics interest, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed.   (4) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission.   (5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the commission.   (6) Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations.   d. The commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the internet site of the commission.   e. The commission shall maintain its financial records in accordance with the bylaws.   f. The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.   g. The commission shall have the following powers:   (1) To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states.   (2) To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected.   (3) To purchase and maintain insurance and bonds.   (4) To borrow, accept, or contract for services of personnel, including but not limited to employees of a party state or nonprofit organizations.   (5) To cooperate with other organizations that administer state compacts related to the regulation of nursing, including but not limited to sharing administrative or staff expenses, office space or other resources.   (6) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the commissions personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.   (7) To accept any and all appropriate donations, grants and gifts of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.   (8) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, whether real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety.   (9) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed.   (10) To establish a budget and make expenditures.   (11) To borrow money.   (12) To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons.   (13) To provide and receive information from, and to cooperate with, law enforcement agencies.   (14) To adopt and use an official seal.   (15) To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.   h. Financing of the commission.   (1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.   (2) The commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities, and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule that is binding upon all party states.   (3) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the party states, except by, and with the authority of, such party state.   (4) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.   i. Qualified immunity, defense, and indemnification.   (1) The administrators, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities; provided that nothing in this paragraph i shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.   (2) The commission shall defend any administrator, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining the persons own counsel; and provided further that the actual or alleged act, error, or omission did not result from that persons intentional, willful, or wanton misconduct.   (3) The commission shall indemnify and hold harmless any administrator, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.   8. Article VIII  Rulemaking.   a. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this compact.   b. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.   c. Prior to promulgation and adoption of a final rule or rules by the commission, and at least sixty days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking on the internet site of the commission and on the internet site of each licensing board or the publication in which each state would otherwise publish proposed rules.   d. The notice of proposed rulemaking shall include all of the following:   (1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon.   (2) The text of the proposed rule or amendment, and the reason for the proposed rule.   (3) A request for comments on the proposed rule from any interested person.   (4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.   e. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.   f. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.   g. The commission shall publish the place, time, and date of the scheduled public hearing.   (1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.   (2) Nothing in this article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this article.   h. If no one appears at the public hearing, the commission may proceed with promulgation of the proposed rule.   i. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.   j. The commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.   k. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this compact and in this article shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to do any of the following:   (1) Meet an imminent threat to public health, safety, or welfare.   (2) Prevent a loss of commission or party state funds.   (3) Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.   l. The commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the internet site of the commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the commission, prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.   9. Article IX  Oversight, dispute resolution, and enforcement.   a. Oversight.   (1) Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compacts purposes and intent.   (2) The commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities, or actions of the commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.   b. Default, technical assistance, and termination.   (1) If the commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall do both of the following:   (a) Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the commission.   (b) Provide remedial training and specific technical assistance regarding the default.   (2) If a state in default fails to cure the default, the defaulting states membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.   (3) Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor of the defaulting state and to the executive officer of the defaulting states licensing board and each of the party states.   (4) A state whose membership in this compact has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.   (5) The commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the commission and the defaulting state.   (6) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district in which the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys fees.   c. Dispute resolution.   (1) Upon request by a party state, the commission shall attempt to resolve disputes related to the compact that arise among party states and between party and nonparty states.   (2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.   (3) In the event the commission cannot resolve disputes among party states arising under this compact:   (a) The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute.   (b) The decision of a majority of the arbitrators shall be final and binding.   d. Enforcement.   (1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.   (2) By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district in which the commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys fees.   (3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.   10. Article X  Effective date, withdrawal, and amendment.   a. This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact into law by no less than twenty-six states or December 31, 2018. All party states to this compact, that also were parties to the prior nurse licensure compact, superseded by this compact, shall be deemed to have withdrawn from said prior compact within six months after the effective date of this compact.   b. Each party state to this compact shall continue to recognize a nurses multistate licensure privilege to practice in that party state issued under the prior nurse licensure compact until such party state has withdrawn from the prior nurse licensure compact.   c. Any party state may withdraw from this compact by enacting a statute repealing the same. A party states withdrawal shall not take effect until six months after enactment of the repealing statute.   d. A party states withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated states licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.   e. Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this compact.   f. This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.   g. Representatives of nonparty states to this compact shall be invited to participate in the activities of the commission, on a nonvoting basis, prior to the adoption of this compact by all states.   11. Article XI  Construction and severability.   This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.  2000 Acts, ch 1008, 8; 2000 Acts, ch 1232, 51  55; 2008 Acts, ch 1032, 201; 2017 Acts, ch 91, 1, 3  Referred to in 147.2, 147.5, 147.7, 152.6, 152.7, 152.8, 152.10, 152E.2, 272C.6  Strike and rewrite of section and enactment of new compact take effect July 21, 2017; Code editor received notice from the board of nursing of enactment of this compact by the twenty-sixth state on that date; in accordance with subsection 10, paragraph a, of this section, the state of Iowa shall be deemed to have withdrawn from the nurse licensure compact previously codified at this section within six months of July 21, 2017;  2017 Acts, ch 91, 1, 3  . 
152E.2 Compact administrator.   The executive director of the board of nursing, as provided for in section 152.2, shall serve as the compact administrator identified in article VII, paragraph b, of the nurse licensure compact contained in section 152E.1 and as the compact administrator identified in article VIII, paragraph a, of the advanced practice registered nurse compact contained in section 152E.3.  2000 Acts, ch 1008, 9; 2005 Acts, ch 53, 8; 2008 Acts, ch 1032, 201; 2017 Acts, ch 91, 2, 3  2017 amendment takes effect July 21, 2017;  2017 Acts, ch 91, 3 
152E.3 Form of advanced practice registered nurse compact.   The advanced practice registered nurse compact is entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows:   1. Article I  Findings and declaration of purpose.   a. The party states find all of the following:   (1) The health and safety of the public are affected by the degree of compliance with advanced practice registered nurse licensure and practice requirements and the effectiveness of enforcement activities related to state advanced practice registered nurse license or authority to practice laws.   (2) Violations of advanced practice registered nurse licensure and practice and other laws regulating the practice of nursing may result in injury or harm to the public.   (3) The expanded mobility of advanced practice registered nurses and the use of advanced communication technologies as part of our nations health care delivery system require greater coordination and cooperation among states in the areas of advanced practice registered nurse licensure and practice requirements.   (4) New practice modalities and technology make compliance with individual state advanced practice registered nurse licensure and practice requirements difficult and complex.   (5) The current system of duplicative advanced practice registered nurse licensure and practice requirements for advanced practice registered nurses practicing in multiple states is cumbersome and redundant to both advanced practice registered nurses and states.   (6) Uniformity of advanced practice registered nurse requirements throughout the states promotes public safety and public health benefits.   (7) Access to advanced practice registered nurse services increases the publics access to health care, particularly in rural and underserved areas.   b. The general purposes of this compact are to:   (1) Facilitate the states responsibilities to protect the publics health and safety.   (2) Ensure and encourage the cooperation of party states in the areas of advanced practice registered nurse licensure and practice requirements including promotion of uniform licensure requirements.   (3) Facilitate the exchange of information between party states in the areas of advanced practice registered nurse regulation, investigation, and adverse actions.   (4) Promote compliance with the laws governing advanced practice registered nurse practice in each jurisdiction.   (5) Invest all party states with the authority to hold an advanced practice registered nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.   2. Article II  Definitions. As used in this compact:   a. Advanced practice registered nurse means a nurse anesthetist, nurse practitioner, nurse midwife, or clinical nurse specialist to the extent a party state licenses or grants authority to practice in that advanced practice registered nurse role and title.   b. Advanced practice registered nurse licensure and practice requirements means the regulatory mechanism used by a party state to grant legal authority to practice as an advanced practice registered nurse.   c. Advanced practice registered nurse uniform license or authority to practice requirements means those minimum uniform licensure, education, and examination requirements as agreed to by the compact administrators and adopted by licensing boards for the recognized advanced practice registered nurse role and title.   d. Adverse action means a home or remote state action.   e. Alternative program means a voluntary, nondisciplinary monitoring program approved by a nurse licensing board.   f. Coordinated licensure information system means an integrated process for collecting, storing, and sharing information on advanced practice registered nurse licensure or authority to practice and enforcement activities related to advanced practice registered nurse license or authority to practice laws, which is administered by a nonprofit organization composed of and controlled by state licensing boards.   g. Current significant investigative information means either of the following:   (1) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the advanced practice registered nurse to respond if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.   (2) Investigative information that indicates that the advanced practice registered nurse represents an immediate threat to public health and safety regardless of whether the advanced practice registered nurse has been notified and had an opportunity to respond.   h. Home state means the party state that is the advanced practice registered nurses primary state of residence.   i. Home state action means any administrative, civil, equitable, criminal, or other action permitted by the home states laws which is imposed on an advanced practice registered nurse by the home states licensing board or other authority, including actions against an individuals license or authority to practice such as revocation, suspension, probation, or any other action which affects an advanced practice registered nurses authorization to practice.   j. Licensing board means a party states regulatory body responsible for advanced practice registered nurse licensure or authority to practice.   k. Multistate advanced practice privilege means current authority from a remote state permitting an advanced practice registered nurse to practice in that state in the same role and title as the advanced practice registered nurse is licensed or authorized to practice in the home state to the extent that the remote state laws recognize such advanced practice registered nurse role and title. A party state has the authority, in accordance with existing state due process laws, to take action against the advanced practice registered nurses privilege, including revocation, suspension, probation, or any other action that affects an advanced practice registered nurses multistate privilege to practice.   l. Party state means any state that has adopted this compact.   m. Prescriptive authority means the legal authority to prescribe medications and devices as defined by party state laws.   n. Remote state means a party state, other than the home state, where either of the following applies:   (1) Where the patient is located at the time advanced practice registered nurse care is provided.   (2) In the case of advanced practice registered nurse practice not involving a patient, in such party state where the recipient of advanced practice registered nurse care is located.   o. Remote state action means either of the following:   (1) Any administrative, civil, equitable, criminal, or other action permitted by a remote states laws which is imposed on an advanced practice registered nurse by the remote states licensing board or other authority, including actions against an individuals multistate advanced practice privilege in the remote state.   (2) Cease and desist and other injunctive or equitable orders issued by remote states or the licensing boards of remote states.   p. State means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.   q. State practice laws means a party states laws and regulations that govern advanced practice registered nurse practice, define the scope of advanced nursing practice, including prescriptive authority, and create the methods and grounds for imposing discipline. State practice laws does not include the requirements necessary to obtain and retain advanced practice registered nurse licensure or authority to practice as an advanced practice registered nurse, except for qualifications or requirements of the home state.   r. Unencumbered means that a state has no current disciplinary action against an advanced practice registered nurses license or authority to practice.   3. Article III  General provisions and jurisdiction.   a. All party states shall participate in the nurse licensure compact for registered nurses and licensed practical or vocational nurses in order to enter into the advanced practice registered nurse compact.   b. A state shall not enter the advanced practice registered nurse compact until the state adopts, at a minimum, the advanced practice registered nurse uniform license or authority to practice requirements for each advanced practice registered nurse role and title recognized by the state seeking to enter the advanced practice registered nurse compact.   c. Advanced practice registered nurse license or authority to practice issued by a home state to a resident in that state shall be recognized by each party state as authorizing a multistate advanced practice privilege to the extent that the role and title are recognized by each party state. To obtain or retain advanced practice registered nurse licensure and practice requirements as an advanced practice registered nurse, an applicant must meet the home states qualifications for authority or renewal of authority as well as all other applicable state laws.   d. The advanced practice registered nurse multistate advanced practice privilege does not include prescriptive authority, and does not affect any requirements imposed by states to grant to an advanced practice registered nurse initial and continuing prescriptive authority according to state practice laws. However, a party state may grant prescriptive authority to an individual on the basis of a multistate advanced practice privilege to the extent permitted by state practice laws.   e. A party state may, in accordance with state due process laws, limit or revoke the multistate advanced practice privilege in the party state and may take any other necessary actions under the party states applicable laws to protect the health and safety of the party states citizens. If a party state takes action, the party state shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.   f. An advanced practice registered nurse practicing in a party state must comply with the state practice laws of the state in which the patient is located at the time care is provided. The advanced practice registered nurse practice includes patient care and all advanced nursing practice defined by the party states practice laws. The advanced practice registered nurse practice subjects an advanced practice registered nurse to the jurisdiction of the licensing board, the courts, and the laws of the party state.   g. Individuals not residing in a party state may apply for an advanced practice registered nurse license or authority to practice as an advanced practice registered nurse under the laws of a party state. However, the authority to practice granted to these individuals shall not be recognized as granting the privilege to practice as an advanced practice registered nurse in any other party state unless explicitly agreed to by that party state.   4. Article IV  Applications for advanced practice registered nurse licensure or authority to practice in a party state.   a. (1) Once an application for an advanced practice registered nurse license or authority to practice is submitted, a party state shall ascertain, through the coordinated licensure information system, whether the applicant has held, or is the holder of, a nursing license or authority to practice issued by another state, whether the applicant has had a history of previous disciplinary action by any state, whether an encumbrance exists on any license or authority to practice, and whether any other adverse action by any other state has been taken against a license or authority to practice.   (2) This information may be used in approving or denying an application for an advanced practice registered nurse license or authority to practice.   b. An advanced practice registered nurse in a party state shall hold an advanced practice registered nurse license or authority to practice in only one party state at a time, issued by the home state.   c. An advanced practice registered nurse who intends to change the nurses primary state of residence may apply for an advanced practice registered nurse license or authority to practice in the new home state in advance of such change. However, a new license or authority to practice shall not be issued by a party state until after an advanced practice registered nurse provides evidence of change in the nurses primary state of residence satisfactory to the new home states licensing board.   d. (1) If an advanced practice registered nurse changes the nurses primary state of residence by moving between two party states, and obtains an advanced practice registered nurse license or authority to practice from the new home state, the advanced practice registered nurse license or authority to practice from the former home state is no longer valid.   (2) If an advanced practice registered nurse changes the nurses primary state of residence by moving from a nonparty state to a party state, and obtains an advanced practice registered nurse license or authority to practice from the new home state, the individual state license issued by the nonparty state is not affected and shall remain in full force if so provided by the laws of the nonparty state.   (3) If an advanced practice registered nurse changes the nurses primary state of residence by moving from a party state to a nonparty state, the advanced practice registered nurse license or authority to practice issued by the prior home state converts to an individual state license, valid only in the former home state, without the multistate licensure privilege to practice in other party states.   5. Article V  Adverse actions. In addition to the general provisions described in article III, the following provisions apply:   a. The licensing board of a remote state shall promptly report to the administrator of the coordinated licensure information system any remote state actions, including the factual and legal basis for such action, if known. The licensing board of a remote state shall also promptly report any significant current investigative information yet to result in a remote state action. The administrator of the coordinated licensure information system shall promptly notify the home state of any such reports.   b. The licensing board of a party state shall have the authority to complete any pending investigations for an advanced practice registered nurse who changes the nurses primary state of residence during the course of such investigations. It shall also have the authority to take appropriate action and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.   c. A remote state may take adverse action affecting the multistate advanced practice privilege to practice within that party state. However, only the home state shall have the power to impose adverse action against the advanced practice registered nurse license or authority to practice issued by the home state.   d. For purposes of imposing adverse action, the licensing board of the home state shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, it shall apply its own state laws to determine appropriate action.   e. The home state may take adverse action based on the factual findings of the remote state, so long as each state follows its own procedures for imposing such adverse action.   f. Nothing in this compact shall override a party states decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the party states laws. Party states must require advanced practice registered nurses who enter any alternative programs to agree not to practice in any other party state during the term of the alternative program without prior authorization from such other party state.   g. All home state licensing board disciplinary orders, agreed to or otherwise, which limit the scope of the advanced practice registered nurses practice or require monitoring of the advanced practice registered nurse as a condition of the order shall include the requirements that the advanced practice registered nurse will limit the nurses practice to the home state during the pendency of the order. This requirement may allow the advanced practice registered nurse to practice in other party states with prior written authorization from both the home state and party state licensing boards.   6. Article VI  Additional authorities invested in party state licensing boards. Notwithstanding any other powers, party state licensing boards shall have the authority to do all of the following:   a. If otherwise permitted by state law, recover from the affected advanced practice registered nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that advanced practice registered nurse.   b. Issue subpoenas for both hearings and investigations which require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses, or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence is located.   c. Issue cease and desist orders to limit or revoke an advanced practice registered nurses privilege, license, or authority to practice in the state.   d. Promulgate uniform rules and regulations as provided for in article VIII, paragraph c.   7. Article VII  Coordinated licensure information system.   a. All party states shall participate in a cooperative effort to create a coordinated database of all advanced practice registered nurses. This system shall include information on the advanced practice registered nurse licensure and practice requirements and disciplinary history of each advanced practice registered nurse, as contributed by party states, to assist in the coordination of the advanced practice registered nurse licensure or authority to practice and enforcement efforts.   b. Notwithstanding any other provision of law, all party states licensing boards shall promptly report adverse actions, actions against multistate advanced practice privileges, any current significant investigative information yet to result in adverse action, denials of applications, and the reasons for such denials, to the coordinated licensure information system.   c. Current significant investigative information shall be transmitted through the coordinated licensure information system only to party state licensing boards.   d. Notwithstanding any other provision of law, all party states licensing boards contributing information to the coordinated licensure information system may designate information that shall not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.   e. Any personally identifiable information obtained by a party states licensing board from the coordinated licensure information system shall not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.   f. Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.   g. The compact administrators, acting jointly with each other and in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this compact.   8. Article VIII  Compact administration and interchange of information.   a. The head of the licensing board, or the heads designee, of each party state shall be the administrator of this compact for the heads state.   b. The compact administrator of each party state shall furnish to the compact administrator of each other party state any information and documents including but not limited to a uniform data set of investigations, identifying information, licensure data, and disclosable alternative program participation information to facilitate the administration of this compact.   c. Compact administrators shall have the authority to develop uniform rules to facilitate and coordinate implementation of this compact. These uniform rules shall be adopted by party states, under the authority invested under article VI, paragraph d.   9. Article IX  Immunity. A party state or the officers or employees or agents of a party states licensing board who act in accordance with the provisions of this compact shall not be liable on account of any act or omission in good faith while engaged in the performance of their duties under this compact. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.   10. Article X  Entry into force, withdrawal, and amendment.   a. This compact shall enter into force and become effective as to any state when it has been enacted into the laws of that state. Any party state may withdraw from this compact by enacting a statute repealing the same, but such withdrawal shall not take effect until six months after the withdrawing state has given notice of the withdrawal to the executive heads of all other party states.   b. Withdrawal shall not affect the validity or applicability by the licensing boards of states remaining party to the compact of any report of adverse action occurring prior to the withdrawal.   c. This compact shall not be construed to invalidate or prevent any advanced practice registered nurse licensure or authority to practice agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this compact.   d. This compact may be amended by the party states. An amendment to this compact shall not become effective and binding upon the party states unless and until it is enacted into the laws of all party states.   11. Article XI  Construction and severability.   a. This compact shall be liberally construed so as to effectuate the purposes of the compact. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or the applicability of the compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of the compact to any government, agency, person, or circumstance shall not be affected by that action. If this compact shall be held contrary to the constitution of any state which is party to the compact, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.   b. (1) In the event party states find a need for settling disputes arising under this compact, the party states may submit the issues in dispute to an arbitration panel which shall be comprised of an individual appointed by the compact administrator in the home state, an individual appointed by the compact administrator in the remote state or states involved, and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute.   (2) The decision of a majority of the arbitrators shall be final and binding.  2005 Acts, ch 53, 9; 2007 Acts, ch 22, 38; 2008 Acts, ch 1032, 201  Referred to in 147.2, 147.5, 147.7, 152.6, 152.7, 152.8, 152.10, 152E.2, 272C.6 
153.12 Board defined.   As used in this chapter, board means the dental board created under chapter 147.  2007 Acts, ch 10, 132; 2007 Acts, ch 218, 204 
153.13 Practice of dentistry defined.   For the purpose of this subtitle the following classes of persons shall be deemed to be engaged in the practice of dentistry:   1. Persons publicly professing to be dentists, dental surgeons, or skilled in the science of dentistry, or publicly professing to assume the duties incident to the practice of dentistry.   2. Persons who perform examination, diagnosis, treatment, and attempted correction by any medicine, appliance, surgery, or other appropriate method of any disease, condition, disorder, lesion, injury, deformity, or defect of the oral cavity and maxillofacial area, including teeth, gums, jaws, and associated structures and tissue, which methods by education, background experience, and expertise are common to the practice of dentistry.   3. Persons who offer to perform, perform, or assist with any phase of any operation incident to tooth whitening, including the instruction or application of tooth whitening materials or procedures at any geographic location. For purposes of this subsection, tooth whitening means any process to whiten or lighten the appearance of human teeth by the application of chemicals, whether or not in conjunction with a light source.  [S13, 2600-o; C24, 27, 31, 35, 39, 2565; C46, 50, 54, 58, 62, 66, 153.1; C71, 73, 75, 77, 79, 81, 153.13]  96 Acts, ch 1147, 1; 2009 Acts, ch 56, 5, 13  Referred to in 153.14 
153.14 Persons not included.   Section 153.13 shall not be construed to include the following classes:   1. Students of dentistry who practice dentistry upon patients at clinics in connection with their regular course of instruction at an accredited dental college, students of dental hygiene who practice upon patients at clinics in connection with their regular course of instruction at state-approved schools, and students of dental assisting who practice upon patients at clinics in connection with a regular course of instruction determined by the board pursuant to section 153.39.   2. Licensed physicians and surgeons or licensed osteopathic physicians and surgeons who extract teeth or treat diseases of the oral cavity, gums, teeth, or maxillary bones as an incident to the general practice of their profession.   3. Persons licensed to practice dental hygiene who are exclusively engaged in the practice of said profession.   4. Dentists and dental hygienists who are licensed in another state and who are active or reserve members of the United States military service when acting in the line of duty in this state.   5. Persons registered to practice as a dental assistant.  1, 2. [S13, 2600-l, -o; C24, 27, 31, 35, 39, 2566; C46, 50, 54, 58, 62, 66, 153.2; C71, 73, 75, 77, 79, 81, 153.14]  3. [C24, 27, 31, 35, 39, 2566; C46, 50, 54, 58, 62, 66, 153.2; C71, 73, 75, 77, 79, 81, 153.14]  89 Acts, ch 63, 1; 95 Acts, ch 16, 1; 2000 Acts, ch 1002, 3, 4; 2007 Acts, ch 10, 133; 2009 Acts, ch 133, 57; 2011 Acts, ch 129, 86, 156; 2021 Acts, ch 76, 37  Subsection 2 amended 
153.15 Dental hygienists  scope of term.   1. A licensed dental hygienist may perform those services which are educational, therapeutic, and preventive in nature which attain or maintain optimal oral health as determined by the board. Services may include but are not necessarily limited to the following:   a. Complete oral prophylaxis.   b. Application of preventive agents to oral structures.   c. Exposure and processing of radiographs.   d. Administration of medicaments prescribed by a licensed dentist.   e. Obtaining and preparing nonsurgical, clinical and oral diagnostic tests for interpretation by the dentist.   f. Preparation of preliminary written records of oral conditions for interpretation by the dentist.   2. Such services, except educational services, shall be performed under supervision of a licensed dentist but nothing in this section shall be construed to authorize a dental hygienist to practice dentistry.   3. Educational services shall be limited to the following:   a. Assessing the need for, planning, implementing, and evaluating oral health education programs for individual patients and community groups.   b. Conducting workshops and in-service training sessions on dental health for nurses, school personnel, institutional staff, community groups, and other agencies providing consultation and technical assistance for promotional, preventive, and educational services.  [C24, 27, 31, 35, 39, 2571; C46, 50, 54, 58, 62, 66, 153.7; C71, 73, 75, 77, 79, 81, 153.15]  2007 Acts, ch 10, 134; 2017 Acts, ch 41, 1; 2020 Acts, ch 1018, 1; 2021 Acts, ch 80, 83  Referred to in 153.23  Section amended 
153.15A Dental hygienists  license requirements, renewal.   1. In addition to requirements adopted by rule by the board, in order to obtain a license as a dental hygienist, an applicant shall present evidence to the board of both of the following:   a. That the applicant possesses a degree or certificate of graduation from a college, university, or institution of higher education, accredited by a national agency recognized by the council on higher education accreditation or the United States department of education, in a program of dental hygiene with a minimum of two academic years of curriculum.   b. That the applicant possesses a valid certificate in a nationally recognized course in cardiopulmonary resuscitation.   2. In order to renew a license as a dental hygienist, a licensee shall furnish evidence of valid annual certification for cardiopulmonary resuscitation which shall be credited toward the licensees continuing education requirement.  92 Acts, ch 1121, 1; 2016 Acts, ch 1011, 37 
153.16 Dental office where dentist is employed.   Every person who owns, operates, or controls a dental office in which anyone other than that person is practicing dentistry shall display the name of the other person in a conspicuous manner at the public entrance to said office.  [S13, 2600-o1; C24, 27, 31, 35, 39, 2568; C46, 50, 54, 58, 62, 66, 153.4; C71, 73, 75, 77, 79, 81, 153.16] 
153.17 Unlawful practice.   Except as otherwise provided in this chapter, it shall be unlawful for any person to practice dentistry or dental surgery or dental hygiene in this state, other than:   1. Those who are now duly licensed dentists, under the laws of this state in force at the time of their licensure; and   2. Those who are now duly licensed dental hygienists under the laws of this state in force at the time of their licensure; and   3. Those who may hereafter be duly licensed as dentists or dental hygienists pursuant to the provisions of this chapter.  [C71, 73, 75, 77, 79, 81, 153.17]  2021 Acts, ch 80, 84  Unnumbered paragraph 1 amended 
153.18 Employment of unlicensed dentist.   No person owning or conducting any place where dental work of any kind is done or contracted for, shall employ or permit any unlicensed dentist to practice dentistry in said place.  [S13, 2600-o2; C24, 27, 31, 35, 39, 2569; C46, 50, 54, 58, 62, 66, 153.5; C71, 73, 75, 77, 79, 81, 153.18] 
153.19 Temporary permit  fees.   1. The board may, in its discretion, issue a temporary permit authorizing the permit holder to practice dentistry or dental hygiene in a specific location or locations and for a specified period of time if, in the opinion of the board, a need exists and the person possesses the qualifications prescribed by the board for the permit, which shall be substantially equivalent to those required for licensure under this chapter. The board shall determine in each instance those eligible for this permit, whether or not examinations shall be given, and the type of examinations. None of the requirements for regular licensure under this chapter are mandatory for a temporary permit except as specifically designated by the board. The issuance of a temporary permit shall not in any way indicate that the permit holder is necessarily eligible for regular licensure, nor is the board in any way obligated to so license the person.   2. A temporary permit shall be issued for a period determined by the board and may be renewed at the discretion of the board. The fee for a temporary permit and the fee for renewal shall be set by the board. The fees shall be based on the administrative costs of issuing and renewing the permits.  2002 Acts, ch 1108, 15; 2004 Acts, ch 1167, 7, 8 
153.20 Drugs, medicine, and surgery.   A dentist shall have the right to prescribe and administer drugs or medicine, perform such surgical operations, administer general or local anesthetics and use such appliances as may be necessary to the proper practice of dentistry.  [C71, 73, 75, 77, 79, 81, 153.20] 
153.21 License by credentials.   The board may issue a license under this chapter without examination to an applicant who furnishes satisfactory proof that the applicant meets all of the following requirements:   1. Holds a license from a similar dental board of another state, territory, or district of the United States under requirements equivalent or substantially equivalent to those of this state.   2. Has satisfied at least one of the following:   a. Passed an examination administered by a regional or national testing service, which examination has been approved by the dental board in accordance with section 147.34, subsection 1.   b. Has for three consecutive years immediately prior to the filing of the application in this state been in a legal practice of dentistry or dental hygiene in such other state, territory, or district of the United States.   3. Furnishes such other evidence as to the applicants qualifications and lawful practice as the board may require.  [C71, 73, 75, 77, 79, 81, 153.21]  2002 Acts, ch 1108, 16; 2011 Acts, ch 80, 1 
153.22 Resident license.   A dentist or dental hygienist who is serving only as a resident, intern, or graduate student and who is not licensed to practice in this state is required to obtain from the board a temporary or special license to practice as a resident, intern, or graduate student. The license shall be designated Resident License and shall authorize the licensee to serve as a resident, intern, or graduate student only, under the supervision of a licensed practitioner, in an institution approved for this purpose by the board. Such license shall be renewed at the discretion of the board. The fee for a resident license and the renewal fee shall be set by the board based upon the cost of issuance of the license. The board shall determine in each instance those eligible for a resident license, whether or not examinations shall be given, and the type of examination. None of the requirements for regular permanent licensure are mandatory for resident licensure except as specifically designated by the board. The issuance of a resident license shall not in any way indicate that the person so licensed is necessarily eligible for regular licensure or that the board is obligated to so license the person. The board may revoke a resident license at any time it shall determine either that the caliber of work done by a licensee or the type of supervision being given such licensee does not conform to reasonable standards established by the board.  [C71, 73, 75, 77, 79, 81, 153.22]  2002 Acts, ch 1108, 17; 2007 Acts, ch 10, 135 
153.23 Retired volunteer license.   1. Upon application and qualification, the board may issue a retired volunteer license to a dentist or dental hygienist who has held an active license to practice dentistry or dental hygiene within the past five years, and who has retired from the practice of dentistry or dental hygiene, to enable the retired dentist or dental hygienist to provide volunteer dental or dental hygiene services. The board shall adopt rules to administer this section, including but not limited to rules providing eligibility requirements and services that may be performed pursuant to the license.   2. The board shall not charge an application or licensing fee for issuing or renewing a retired volunteer license. A retired volunteer license shall not be converted to a regular license with active or inactive status. A retired volunteer license shall not be considered to be an active license to practice dentistry or dental hygiene.   3. A person holding a retired volunteer license shall not charge a fee or receive compensation or remuneration in any form from any person or third-party payor including but not limited to an insurance company, health plan, or state or federal benefit program.   4. A person holding a retired volunteer license is subject to all rules and regulations governing the practice of dentistry or dental hygiene except those relating to the payment of fees, license renewal, and continuing education requirements.   5. A dental hygienist holding a retired volunteer license shall abide by the permitted scope of practice of actively licensed dental hygienists described in section 153.15. However, a dental hygienist holding a retired volunteer license may perform screenings or educational programs without an actively licensed dentist present.   6. An applicant for a retired volunteer license who has surrendered, resigned, converted, or allowed a license to lapse or expire as the result of or in lieu of disciplinary action shall not be eligible for a retired volunteer license.   7. The board may waive the five-year requirement in subsection 1 if the applicant demonstrates that the applicant possesses sufficient knowledge and skills to practice safely and competently.  2015 Acts, ch 18, 1 
153.24 Orthodontia-related services.   1. A licensee under the purview of the board who provides treatment for the correction of malpositions of human teeth or the initial use of orthodontic appliances shall not begin orthodontic treatment on a new patient unless one of the following conditions is met:   a. The licensee performs an initial in-person or teledentistry examination of the teeth and supporting structures of the new patient prior to beginning orthodontic treatment.   b. The new patient provides the licensee with the portion of the dental record taken within the prior six months of an in-person or teledentistry examination of the teeth and supporting structures of the new patient prior to the licensee beginning orthodontic treatment.   2. The examination required pursuant to subsection 1 shall include any appropriate conventional or digital radiographs or digital imaging that are necessary to develop a suitable orthodontic diagnosis and treatment plan.   3. For the purposes of this section, new patient means a person whom a licensee has not examined, for whom a licensee has not provided care, or for whom a licensee has not otherwise provided consultation during the two-year period immediately prior to the patients most recent appointment.  2021 Acts, ch 127, 1  NEW section 
153.31 Falsification in application for renewal.   A license to practice either dentistry or dental hygiene, or registration as a dental assistant, shall be revoked or suspended in the manner and upon the grounds elsewhere provided in this chapter, and also when the certificate accompanying the application of such licensee or registrant for renewal of license or registration filed with the board is not in all material respects true.  [C35, 2573-g15; C39, 2573.15; C46, 50, 54, 58, 62, 66, 153.24; C71, 73, 75, 77, 79, 81, 153.31]  2002 Acts, ch 1108, 18 
153.32 Unprofessional conduct.   As to dentists and dental hygienists unprofessional conduct shall consist of any of the acts denominated as such elsewhere in this chapter, and also any other of the following acts:   1. Receiving any rebate, or other thing of value, directly or indirectly from any dental laboratory or dental technician.   2. Solicitation of professional patronage by agents or persons popularly known as cappers or steerers, or profiting by the acts of those representing themselves to be agents of the licensee.   3. Receipt of fees on the assurance that a manifestly incurable disease can be permanently cured.   4. Division of fees or agreeing to split or divide the fees received for professional services with any person for bringing or referring a patient or assisting in the care or treatment of a patient without the consent of said patient or the patients legal representative.   5. Willful neglect of a patient in a critical condition.  [C35, 2573-g16; C39, 2573.16; C46, 50, 54, 58, 62, 66, 153.25; C71, 73, 75, 77, 79, 81, 153.32] 
153.33 Powers of board.   1. Subject to the provisions of this chapter, any provision of this subtitle to the contrary notwithstanding, the board shall exercise the following powers:   a. (1) To initiate investigations of and conduct hearings on all matters or complaints relating to the practice of dentistry, dental hygiene, or dental assisting or pertaining to the enforcement of any provision of this chapter, to provide for mediation of disputes between licensees or registrants and their patients when specifically recommended by the board, to revoke or suspend licenses or registrations, or the renewal thereof, issued under this or any prior chapter, to provide for restitution to patients, and to otherwise discipline licensees and registrants.   (2) Subsequent to an investigation by the board, the board may appoint a disinterested third party to mediate disputes between licensees or registrants and patients. Referral of a matter to mediation shall not preclude the board from taking disciplinary action against the affected licensee or registrant.   b. To appoint investigators, who shall not be members of the board, to administer and aid in the enforcement of the provisions of law relating to those persons licensed to practice dentistry and dental hygiene, and persons registered as dental assistants. The amount of compensation for the investigators shall be determined pursuant to chapter 8A, subchapter IV. Investigators authorized by the board have the powers and status of peace officers when enforcing this chapter and chapters 147 and 272C.   c. To initiate in its own name or cause to be initiated in a proper court appropriate civil proceedings against any person to enforce the provisions of this chapter or this subtitle relating to the practice of dentistry, and the board may have the benefit of counsel in connection therewith. Any such judicial proceeding as may be initiated by the board shall be commenced and prosecuted in the same manner as any other civil action and injunctive relief may be granted therein without proof of actual damage sustained by any person but such injunctive relief shall not relieve the person so enjoined from criminal prosecution by the attorney general or county attorney for violation of any provision of this chapter or this subtitle relating to the practice of dentistry.   d. To adopt rules regarding infection control in dental practice which are consistent with standards of the federal Occupational Safety and Health Act of 1970, 29 U.S.C. 651  678, and recommendations of the centers for disease control.   e. To promulgate rules as may be necessary to implement the provisions of this chapter.   2. All employees needed to administer this chapter except the executive director shall be appointed pursuant to the merit system. The executive director shall be appointed pursuant to section 135.11B and shall be exempt from the merit system provisions of chapter 8A, subchapter IV.   3. In any investigation made or hearing conducted by the board on its own motion, or upon written complaint filed with the board by any person, pertaining to any alleged violation of this chapter or the accusation against any licensee or registrant, the following procedure and rules so far as material to such investigation or hearing shall obtain:   a. The accusation of such person against any licensee or registrant shall be reduced to writing, verified by some person familiar with the facts therein stated, and three copies thereof filed with the board.   b. If the board finds the charges sufficient, if true, to warrant suspension or revocation of license or registration, the board shall issue an order fixing a time and place for hearing and requiring the licensee or registrant to appear and answer to the charges. The order, together with a copy of the charges, shall be served upon the accused at least twenty days before the date fixed for hearing, either personally or by certified or registered mail, sent to the licensees or registrants last known post office address as shown by the records of the board.   c. At the time and place fixed in said notice for said hearing, or at any time and place to which the said hearing shall be adjourned, the board shall hear the matter and may take evidence, administer oaths, take the deposition of witnesses, including the person accused, in the manner provided by law in civil cases, compel the appearance of witnesses before it in person the same as in civil cases by subpoena issued over the signature of the chairperson of the board and in the name of the state of Iowa, require answers to interrogatories, and compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation or relating to the hearing.   d. In all investigations and hearings pertaining to the suspension or revocation of licenses or registrations, the board and any person affected may have the benefit of counsel. Upon the request of the licensee or registrant or the licensees or registrants counsel, the board shall issue subpoenas for the attendance of witnesses in behalf of the licensee or registrant. The subpoenas when issued shall be delivered to the licensee or registrant or the licensees or registrants counsel. Such subpoenas for the attendance of witnesses shall be effective if served upon the person named in the subpoena anywhere within this state, provided that, at the time of such service, the fees provided by law for attendance of witnesses in civil cases in district court are paid or tendered to the person.   e. In case of disobedience of a subpoena lawfully served under this subsection, the board or any party to such hearing aggrieved thereby may invoke the aid of the district court in the county where the hearing is being conducted to require the attendance and testimony of such witnesses. The district court of the county within which the hearing is being conducted may, in case of contumacy or refusal to obey the subpoena, issue an order requiring the person to appear before the board, and, if so ordered, to give evidence touching the matter involved in the hearing. Any failure to obey such order of the court may be punished by the court as contempt.   f. If the licensee or registrant pleads guilty, or after hearing is found guilty by the board of any of the charges made, the board may suspend for a limited period or revoke the license or registration, and the last renewal of the license or registration, and shall enter the order on its records. The board shall notify the accused of the revocation or suspension of the persons license or registration, as the case may be, and the person shall immediately surrender that license or registration to the board. Any person whose license or registration has been revoked or suspended shall not practice dentistry, dental hygiene, or dental assisting within this state while the revocation or suspension is in force and effect.   g. The findings of fact made by the board acting within its power shall, in the absence of fraud, be conclusive, but the district court shall have power to review questions of law involved in any final decision or determination of the board if application is made by the aggrieved party within thirty days after such determination by certiorari, mandamus, or such other method of review or appeal permitted under the laws of this state, and to make such further orders in respect thereto as justice may require.   h. Pending the review and final disposition thereof by the district court, the action of the board suspending or revoking such license or registration shall not be stayed.   4. An inspector may be appointed by the dental board pursuant to the provisions of chapter 8A, subchapter IV.   5. a. The board may impose an administrative penalty of up to five hundred dollars on a licensee, registrant, or trainee of the board who does any of the following:   (1) Engages in a practice regulated by this chapter without a current license, registration, permit, or qualification.   (2) Employs a person without a current license, registration, permit, or qualification to engage in a practice regulated by this chapter.   (3) Fails to complete the continuing education required for renewal of a license or registration.   b. The assessment and payment of a penalty imposed pursuant to paragraph a shall not be considered a disciplinary action or reported as discipline and shall be confidential.   c. A licensee, registrant, or trainee may contest a penalty issued pursuant to paragraph a by initiating a contested case proceeding pursuant to chapter 17A.   d. This subsection shall not prohibit the board from imposing discipline on a licensee, registrant, or trainee for willful or repeated violations.   e. An administrative penalty collected pursuant to this subsection shall be deposited into the general fund of the state.  [C71, 73, 75, 77, 79, 81, 153.33]  90 Acts, ch 1112, 1; 92 Acts, ch 1121, 2; 93 Acts, ch 41, 2; 2002 Acts, ch 1108, 19, 20; 2003 Acts, ch 44, 38, 39; 2003 Acts, ch 145, 200; 2007 Acts, ch 10, 136; 2009 Acts, ch 41, 263; 2009 Acts, ch 133, 192; 2015 Acts, ch 36, 1; 2016 Acts, ch 1073, 61; 2017 Acts, ch 29, 43; 2019 Acts, ch 85, 62; 2020 Acts, ch 1018, 2; 2021 Acts, ch 80, 85, 86  Referred to in 272C.5  Subsection 3, paragraphs b, d, e, and f amended  Subsection 5, paragraph d amended 
153.33A Dental hygiene committee.   1. A three-member dental hygiene committee of the board is created, consisting of the two dental hygienist members of the board and one dentist member of the board. The dentist member of the committee must have supervised and worked in collaboration with a dental hygienist for a period of at least three years immediately preceding election to the committee. The dentist member shall be elected to the committee annually by a majority vote of board members.   2. The committee shall have the authority to adopt recommendations regarding the practice, discipline, education, examination, and licensure of dental hygienists, subject to subsection 3, and shall carry out duties as assigned by the board. The committee shall have no regulatory or disciplinary authority with regard to dentists, dental assistants, dental lab technicians, or any other auxiliary dental personnel.   3. The board shall ratify recommendations of the committee at the first meeting of the board following adoption of the recommendations by the committee, or at a meeting of the board specifically called for the purpose of board review and ratification of committee recommendations. The board shall decline to ratify committee recommendations only if the board makes a specific finding that a recommendation exceeds the jurisdiction or expands the scope of the committee beyond the authority granted in subsection 2, creates an undue financial impact on the board, or is not supported by the record. The board shall pay the necessary expenses of the committee and of the board in implementing committee recommendations ratified by the board.   4. This section shall not be construed as impacting or changing the scope of practice of the profession of dental hygiene or authorizing the independent practice of dental hygiene.  98 Acts, ch 1010, 2; 2007 Acts, ch 10, 137  Referred to in 147.14 
153.33B Executive director  duties.   A full-time executive director shall be appointed as provided under section 135.11B. The executive director shall not be a member of the board. The duties of the executive director shall be the following:   1. To receive all applications for the following:   a. Licensure as a dentist or dental hygienist.   b. Registration as a dental assistant.   c. Permission to administer sedation or anesthesia.   d. Any other activity for which an application to the board is required.   2. To collect and receive all fees.   3. To keep all records pertaining to licensure, registration, enforcement, and other board actions, including a record of all board proceedings.   4. To perform such other duties as may be prescribed by the board.   5. To appoint assistants to the director and other persons necessary to administer this chapter.  2015 Acts, ch 36, 2; 2020 Acts, ch 1063, 65 
153.34 Discipline.   The board may issue an order to discipline a licensed dentist or dental hygienist, or registered dental assistant, for any of the grounds set forth in this chapter, chapter 272C, or Title IV. Notwithstanding section 272C.3, licensee or registrant discipline may include a civil penalty not to exceed ten thousand dollars. Pursuant to this section, the board may discipline a licensee or registrant for any of the following reasons:   1. For fraud or deceit in procuring the license or registration or the renewal thereof to practice dentistry, dental hygiene, or dental assisting.   2. For being guilty of willful and gross malpractice or willful and gross neglect in the practice of dentistry, dental hygiene, or dental assisting.   3. For fraud in representation as to skill or ability.   4. For willful or repeated violations of this chapter, this subtitle, or the rules of the board.   5. For obtaining any fee by fraud or misrepresentation.   6. For having failed to pay license or registration fees as provided herein.   7. For gross immorality or dishonorable or unprofessional conduct in the practice of dentistry, dental hygiene, or dental assisting.   8. For failure to maintain a reasonably satisfactory standard of competency in the practice of dentistry, dental hygiene, or dental assisting.   9. For a violation of a law of this state, another state, or the United States, without regard to its designation as either a felony or misdemeanor, which law relates to the practice of dentistry, dental hygiene, or dental assisting. A certified copy of the final order or judgment of conviction or plea of guilty in this state or in another state constitutes conclusive evidence of the conviction.   10. The revocation or suspension of a license or registration to practice dentistry, dental hygiene, or dental assisting or other disciplinary action taken by a licensing authority of another state, territory, or country. A certified copy of the record or order of suspension, revocation, or disciplinary action is conclusive or prima facie evidence.   11. Knowingly aiding, assisting, procuring, or advising a person to unlawfully practice dentistry, dental hygiene, or dental assisting.   12. For an adjudication of mental incompetence by a court of competent jurisdiction. Such adjudication shall automatically suspend a license or registration for the duration of the license or registration unless the board orders otherwise.   13. Inability to practice dentistry, dental hygiene, or dental assisting with reasonable skill and safety by reason of illness, drunkenness, or habitual or excessive use of drugs, intoxicants, narcotics, chemicals, or other types of materials or as a result of a mental or physical condition. At reasonable intervals following suspension or revocation under this subsection, a dentist, dental hygienist, or dental assistant shall be afforded an opportunity to demonstrate that the dentist, dental hygienist, or dental assistant can resume the competent practice of dentistry, dental hygiene, or dental assisting with reasonable skill and safety to patients.   14. For being a party to or assisting in any violation of any provision of this chapter.   15. For a dental hygienist, the practice of dentistry by the dental hygienist; and for a dentist, permitting the practice of dentistry by a dental hygienist by the dentist under whose supervision the dental hygienist is operating.  [C71, 73, 75, 77, 79, 81, 153.34]  88 Acts, ch 1124, 1  4; 93 Acts, ch 41, 3; 2002 Acts, ch 1108, 21; 2007 Acts, ch 10, 138; 2009 Acts, ch 133, 192; 2010 Acts, ch 1069, 20; 2020 Acts, ch 1103, 18, 31  Referred to in 272C.3, 272C.4 
153.35 Construction rule.   This chapter shall be deemed to be passed in the interest of the public health, safety and welfare of the people of this state, and its provisions shall be liberally construed to carry out its object and purposes.  [C71, 73, 75, 77, 79, 81, 153.35] 
153.36 Exceptions to other statutes.   1. Sections 147.44, 147.48, 147.49, 147.53, and 147.55, and sections 147.87 through 147.92 shall not apply to the practice of dentistry.   2. In addition to the provisions of section 272C.2, subsection 4, a person licensed by the board shall also be deemed to have complied with continuing education requirements of this state if, during periods that the person practiced the profession in another state or district, the person met all of the continuing education and other requirements of that state or district for the practice of the occupation or profession.   3. Notwithstanding the panel composition provisions in section 272C.6, subsection 1, the boards disciplinary hearing panels shall be comprised of three board members, at least two of which are licensed in the profession.  [C71, 73, 75, 77, 79, 81, 153.36]  97 Acts, ch 159, 23; 2007 Acts, ch 10, 139; 2009 Acts, ch 41, 56 
153.37 Dental college and dental hygiene program faculty permits.   The board may issue a faculty permit entitling the holder to practice dentistry or dental hygiene within a college of dentistry or a dental hygiene program and affiliated teaching facilities as an adjunct to the faculty members teaching position, associated responsibilities, and functions. The dean of the college of dentistry or chairperson of a dental hygiene program shall certify to the board those bona fide members of the colleges or a dental hygiene programs faculty who are not licensed and registered to practice dentistry or dental hygiene in Iowa. Any faculty member so certified shall, prior to commencing the members duties in the college of dentistry or a dental hygiene program, make written application to the board for a permit. The permit shall be for a period determined by the board and may be renewed at the discretion of the board. The fee for the faculty permit and the renewal shall be set by the board based upon the administrative cost of issuance of the permit. The fee shall be deposited in the same manner as fees provided for in section 147.82. The faculty permit shall be valid during the time the holder remains a member of the faculty and shall subject the holder to all provisions of this chapter.  [C79, 81, 153.37]  93 Acts, ch 41, 4; 2002 Acts, ch 1108, 22; 2007 Acts, ch 10, 140 
153.38 Dental assistants  scope of practice.   A registered dental assistant may perform those services of assistance to a licensed dentist as determined by the board by rule. A registered dental assistant with additional education and training, as provided by the board by rule, may become certified to perform expanded functions or become qualified to participate in dental radiography. A registered dental assistant who has successfully completed expanded function training through the university of Iowa college of dentistry or a program certified by the commission on dental accreditation may place dental sealants on teeth. Services performed by a registered dental assistant shall be performed under supervision of a licensed dentist, but this section shall not be construed to authorize a dental assistant to practice dentistry or dental hygiene. The board shall not adopt rules that delegate to a dental assistant the administration of local anesthesia or the removal of plaque, stain, calculus, or hard natural material except by toothbrush, floss, or rubber cup coronal polish. Every licensed dentist who utilizes the services of a registered dental assistant for the purpose of assistance in the practice of dentistry shall be responsible for acts delegated to the registered dental assistant. A dentist shall delegate to a registered dental assistant only those acts which are authorized to be delegated to registered dental assistants by the board.  2000 Acts, ch 1002, 5; 2007 Acts, ch 10, 141; 2020 Acts, ch 1018, 3 
153.39 Dental assistants  registration requirements, renewal, revocation, or suspension.   1. A person shall not practice on or after July 1, 2001, as a dental assistant unless the person has registered with the board and received a certificate of registration pursuant to this chapter.   2. Education requirements shall be determined by the board by rule, according to standards to be determined by the board. A person shall be registered upon the successful completion of either of the education and examination requirements established in paragraph a or b:   a. Successful completion of a course of study and examination approved by the board and sponsored by a board-approved postsecondary school.   b. Successful completion of on-the-job training and examination consisting of all of the following:   (1) Completion of on-the-job training as specified in rule.   (2) Successful completion of an examination process approved by the board. A written examination may be waived by the board pursuant to section 17A.9A, in practice situations where the written examination is deemed to be unnecessary or detrimental to the dentists practice.   3. The education requirements in subsection 2, paragraphs a and b may include possession of a valid certificate in a nationally recognized course in cardiopulmonary resuscitation. Successful passage of an examination administered by the board under subsection 2, paragraph a or b, which shall include sections regarding infection control, hazardous materials, and jurisprudence, shall also be required.   4. The board shall establish continuing education requirements as a condition of renewing registration as a registered dental assistant, as well as standards for the suspension or revocation of registration.   5. A person employed as a dental assistant after July 1, 2005, shall have a twelve-month period following the persons first date of employment after July 1, 2005, to comply with the provisions of subsection 1.  2000 Acts, ch 1002, 6; 2002 Acts, ch 1108, 23; 2005 Acts, ch 28, 1, 2; 2007 Acts, ch 22, 39; 2009 Acts, ch 133, 201  Referred to in 153.14 
153.40 Reserved.  For future text of this section effective upon receipt by the Iowa department of public health of federal funding to establish a mobile dental delivery system, see  2004 Acts, ch 1175, 227, 287 
154.1 Board defined  optometry  licensed optometrists.   1. As used in this chapter, board means the board of optometry created under chapter 147.   2. For the purpose of this subtitle, the following classes of persons shall be deemed to be engaged in the practice of optometry:   a. Persons employing any means for the measurement of the visual power and visual efficiency of the human eye; persons engaged in the prescribing and adapting of lenses, prisms, and contact lenses; persons engaged in the using or employing of visual training or ocular exercise for the aid, relief, or correction of vision; and persons employing the use of medicines and procedures for the purposes of diagnosis and treatment of diseases or conditions of the eye and adnexa.   b. Persons who allow the public to use any mechanical device for a purpose described in paragraph a.   c. Persons who publicly profess to be optometrists and to assume the duties incident to the profession.   3. a. An optometrist licensed under this chapter may employ all diagnostic and therapeutic pharmaceutical agents for the purpose of diagnosis and treatment of conditions of the human eye and adnexa pursuant to this subsection, and notwithstanding section 147.107, may without charge supply any diagnostic and therapeutic pharmaceutical agents to commence a course of therapy. A licensed optometrist may perform minor surgical procedures and use medications for the diagnosis and treatment of diseases, disorders, and conditions of the eye and adnexa. A license to practice optometry under this chapter does not authorize the performance of surgical procedures which require the use of injectable or general anesthesia, moderate sedation, penetration of the globe, or the use of ophthalmic lasers for the purpose of ophthalmic surgery within or upon the globe. The removal of pterygia and Salzmanns nodules, incisional corneal refractive surgery, and strabismus surgery are prohibited.   b. (1) A licensed optometrist may administer only the following injections:   (a) Sub-conjunctival injections for the medical treatment of the eye.   (b) Intra-lesional injections for the treatment of chalazia.   (c) Botulinum toxin to the muscles of facial expression innervated by the facial nerve, including for cosmetic purposes.   (d) Injections to counteract an anaphylactic reaction.   (2) A licensed optometrist shall not administer any injection prior to receiving approval from the board.   (3) The board shall not approve the use of injections other than to counteract an anaphylactic reaction unless the licensed optometrist demonstrates to the board sufficient educational or clinical training from a college or university accredited by a regional or professional accreditation organization which is recognized or approved by the council for higher education accreditation or by the United States department of education, or clinical training equivalent to clinical training offered by such an institution. Training for the administration and side effects of injection treatment for chalazia and of botulinum toxin shall be required before a licensed optometrist may administer such injections. The board shall adopt rules regarding training required pursuant to this subparagraph and approve training providers.   c. A licensed optometrist may employ and, notwithstanding section 147.107, supply pharmaceutical-delivering contact lenses for the purpose of treatment of conditions of the human eye and adnexa. For purposes of this paragraph,pharmaceutical-delivering contact lenses means contact lenses that contain one or more therapeutic pharmaceutical agents authorized for employment by this section for the purpose of treatment of conditions of the human eye and adnexa and that deliver such agents into the wearers eye.   d. A licensed optometrist may prescribe oral steroids for a period not to exceed fourteen days without consultation with a physician.   e. A licensed optometrist may be authorized, where reasonable and appropriate, by rule of the board, to employ new diagnostic and therapeutic pharmaceutical agents approved by the United States food and drug administration on or after July 1, 2002, for the diagnosis and treatment of the human eye and adnexa.   f. The board is not required to adopt rules relating to topical pharmaceutical agents, oral antimicrobial agents, oral antihistamines, oral antiglaucoma agents, and oral analgesic agents. A licensed optometrist may remove superficial foreign bodies from the human eye and adnexa.   g. The therapeutic efforts of a licensed optometrist are intended for the purpose of examination, diagnosis, and treatment of visual defects, abnormal conditions, and diseases of the human eye and adnexa, for proper optometric practice or referral for consultation or treatment to persons licensed under chapter 148.   h. A licensed optometrist is an optometrist who is licensed to practice optometry in this state and who is certified by the board to use the agents and procedures authorized pursuant to this subsection.   4. Beginning July 1, 2012, all licensed optometrists shall meet requirements established by the board by rule to employ diagnostic and therapeutic pharmaceutical agents for the practice of optometry. All licensees practicing optometry in this state shall have demonstrated qualifications and obtained certification to use diagnostic and therapeutic pharmaceutical agents as a condition of license renewal.  [S13, 2583-g; C24, 27, 31, 35, 39, 2574; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 154.1]  85 Acts, ch 248, 1; 87 Acts, ch 119, 1; 91 Acts, ch 9, 1; 2002 Acts, ch 1026, 1; 2007 Acts, ch 10, 142; 2007 Acts, ch 159, 1; 2007 Acts, ch 215, 251; 2008 Acts, ch 1088, 106; 2010 Acts, ch 1010, 2; 2010 Acts, ch 1163, 3; 2012 Acts, ch 1004, 2; 2020 Acts, ch 1109, 1; 2021 Acts, ch 80, 87  Referred to in 147.108  Subsection 3, paragraph a amended 
154.10 Standard of care.   A person licensed as an optometrist pursuant to this chapter shall be held to the same standard of care as is common to persons licensed under chapter 148 in this state.  [C81, 154.10]  85 Acts, ch 248, 3; 2007 Acts, ch 159, 3; 2008 Acts, ch 1088, 107; 2012 Acts, ch 1004, 3 
154.2 Scope of chapter.   This chapter shall not be construed to include the following classes:   1. Merchants or dealers who sell glasses as merchandise in an established place of business and who do not profess to be optometrists or practice optometry as described in this chapter.   2. Licensed physicians and surgeons.  [S13, 2583-q; C24, 27, 31, 35, 39, 2575; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 154.2]  2021 Acts, ch 80, 88  Subsection 1 amended 
154.3 License.   Every applicant for a license to practice optometry shall:   1. Be a graduate of an accredited school of optometry and meet requirements as established by rules of the board.   2. Present an official transcript issued by an accredited school of optometry.   3. Pass an examination as determined by the board by rule.  [S13, 2583-l; C24, 27, 31, 35, 39, 2576; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 154.3]  85 Acts, ch 248, 2; 86 Acts, ch 1237, 8; 87 Acts, ch 119, 2; 2006 Acts, ch 1184, 95; 2007 Acts, ch 10, 143; 2007 Acts, ch 159, 2; 2007 Acts, ch 215, 252 
154A.1 Definitions.   As used in this chapter, unless the context requires otherwise:   1. Board means the board of hearing aid specialists.   2. Department means the Iowa department of public health.   3. Dispense or sell means a transfer of title or of the right to use by lease, bailment, or any other means, but excludes a wholesale transaction with a distributor or hearing aid specialist, and excludes the temporary, charitable loan or educational loan of a hearing aid without remuneration.   4. Hearing aid means a wearable instrument or device designed for or offered for the purpose of aiding or compensating for human hearing disorders, and any parts, attachments, or accessories, including earmold, but excluding batteries and cords.   5. Hearing aid fitting means the measurement of human hearing by any means for the purpose of selections, adaptations, and sales of hearing aids, the instruction and counseling pertaining to the selections, adaptations, and sales of hearing aids, demonstration of techniques in the use of hearing aids, and the making of earmold impressions as part of the fitting of hearing aids.   6. Hearing aid specialist means any person engaged in the fitting, dispensing, and sale of hearing aids and providing hearing aid services or maintenance, by means of procedures stipulated by this chapter or the board.   7. License means a license issued by the state under this chapter to a hearing aid specialist.   8. Person means a natural person.   9. Temporary permit means a permit issued while the applicant is in training to become a licensed hearing aid specialist.  [C75, 77, 79, 81, 154A.1]  2001 Acts, ch 58, 18; 2007 Acts, ch 10, 145; 2015 Acts, ch 57, 5  7; 2020 Acts, ch 1102, 7 
154A.10 Issuance of licenses.   An applicant may obtain a license, if the applicant:   1. Successfully passes the qualifying examination prescribed in section 154A.12.   2. Is free of contagious or infectious disease.   3. Pays the necessary fees set by the board.  [C75, 77, 79, 81, 154A.10]  2012 Acts, ch 1113, 11 
154A.11 Examinations. Repealed by 2012 Acts, ch 1113, 15. See 147.34, 147.37. 
154A.12 Scope of examination.   1. The examination required by this chapter shall be designed to demonstrate the applicants adequate technical qualifications including but not limited to the following:   a. Evidence of knowledge in areas such as physics of sound, anatomy and physiology of hearing, and the function of hearing aids, as these areas pertain to the fitting or selection and sale of hearing aids.   b. Evidence of knowledge of the medical and rehabilitation facilities that are available in the area served, for children and adults who have hearing problems.   c. Evidence of knowledge of situations in which it is commonly believed that a hearing aid is inappropriate.   2. The board shall not require the applicant to possess the degree of professional competence normally expected of physicians.  [C75, 77, 79, 81, 154A.12]  2000 Acts, ch 1140, 39; 2009 Acts, ch 41, 263; 2012 Acts, ch 1113, 12  Referred to in 154A.10 
154A.13 Temporary permit.   A person who has not been licensed as a hearing aid specialist may obtain a temporary permit from the department upon completion of the application accompanied by the written verification of employment from a licensed hearing aid specialist. The department shall issue a temporary permit for one year which shall not be renewed or reissued. The fee for issuance of the temporary permit shall be set by the board in accordance with the provisions for establishment of fees in section 147.80. The temporary permit entitles an applicant to engage in the fitting or selection and sale of hearing aids under the supervision of a person holding a valid license.  [C75, 77, 79, 81, 154A.13]  2001 Acts, ch 58, 18; 2012 Acts, ch 1113, 13; 2015 Acts, ch 57, 8 
154A.14 Reciprocity. Repealed by  2012 Acts, ch 1113, 15  . 
154A.15 License renewal. Repealed by 2012 Acts, ch 1113, 15. See 147.10. 
154A.17 Fees. Repealed by  2012 Acts, ch 1113, 15  . 
154A.18 Display of license. Repealed by 2012 Acts, ch 1113, 15. See 147.7. 
154A.19 Exceptions.   1. This chapter shall not prohibit a corporation, partnership, trust, association, or other organization maintaining an established business address from engaging in the business of selling or offering for sale hearing aids at retail without a license if it employs only licensed hearing aid specialists in the direct fitting or selection and sale of hearing aids. Such an organization shall file annually with the board a list of all licensed hearing aid specialists and persons holding temporary permits directly or indirectly employed by it. Such an organization shall also file with the board a statement on a form approved by the board that the organization submits itself to the rules and regulations of the board and the provisions of this chapter which the department deems applicable.   2. This chapter shall not apply to a person who engages in the practices covered by this chapter if this activity is part of the academic curriculum of an accredited institution of higher education, or part of a program conducted by a public or charitable institution, or nonprofit organization, unless the institution or organization also dispenses or sells hearing aids.   3. This chapter shall not prevent any person from engaging in practices covered by this chapter, provided the person, or organization employing the person, does not dispense or sell hearing aids.  [C75, 77, 79, 81, 154A.19]  2001 Acts, ch 58, 18; 2015 Acts, ch 57, 9 
154A.2 Establishment of board. Repealed by  2012 Acts, ch 1113, 15  . 
154A.20 Rights of purchaser.   1. A hearing aid specialist shall deliver, to each person supplied with a hearing aid, a receipt which contains the licensees signature and shows the licensees business address and the number of the license, together with specifications as to the make, model, and serial number of the hearing aid furnished, and full terms of sale clearly stated, including the date of consummation of the sale of the hearing aid. If a hearing aid is sold which is not new, the receipt and the container must be clearly marked used or reconditioned, with the terms of guarantee, if any.   2. The receipt shall bear the following statement in type no smaller than the largest used in the body copy portion of the receipt:  The purchaser has been advised that any examination or representation made by a licensed hearing aid specialist in connection with the fitting or selection and selling of this hearing aid is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and, therefore, must not be regarded as medical opinion or advice.   3. Whenever any of the following conditions are found to exist either from observations by the licensed hearing aid specialist or person holding a temporary permit or on the basis of information furnished by a prospective hearing aid user, the hearing aid specialist or person holding a temporary permit shall, prior to fitting and selling a hearing aid to any individual, suggest to that individual in writing that the individuals best interests would be served if the individual would consult a licensed physician specializing in diseases of the ear, or if no such licensed physician is available in the community, then a duly licensed physician:   a. Visible congenital or traumatic deformity of the ear.   b. History of, or active drainage from the ear within the previous ninety days.   c. History of sudden or rapidly progressive hearing loss within the previous ninety days.   d. Acute or chronic dizziness.   e. Unilateral hearing loss of sudden or recent onset within the previous ninety days.   f. Significant air-bone gap greater than or equal to 15dB ANSI 500, 1000 and 2000 Hz. average.   g. Obstruction of the ear canal, by structures of undetermined origin, such as foreign bodies, impacted cerumen, redness, swelling, or tenderness from localized infections of the otherwise normal ear canal.   4. A copy of the written recommendation shall be retained by the licensed hearing aid specialist for the period of seven years. A person receiving the written recommendation who elects to purchase a hearing aid shall sign a receipt for the same, and the receipt shall be kept with the other papers retained by the licensed hearing aid specialist for the period of seven years. Nothing in this section required to be performed by a licensed hearing aid specialist shall mean that the hearing aid specialist is engaged in the diagnosis of illness or the practice of medicine or any other activity prohibited by this chapter.   5. No hearing aid shall be sold by any individual licensed under this chapter to a person twelve years of age or younger, unless within the preceding six months a recommendation for a hearing aid has been made by a physician specializing in otolaryngology. A replacement of an identical hearing aid within one year shall be an exception to this requirement.   6. A licensed hearing aid specialist shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the specialists office or place of business at all times and each such record shall be kept and maintained for a seven-year period. These records shall include:   a. Results of test techniques as they pertain to fitting of the hearing aids.   b. A copy of the written receipt and the written recommendation.  [C75, 77, 79, 81, 154A.20]  2001 Acts, ch 58, 18; 2002 Acts, ch 1119, 17, 18; 2015 Acts, ch 57, 10; 2021 Acts, ch 76, 38  Subsection 2 amended 
154A.21 Notice of address.   1. A licensee or person holding a temporary permit shall notify the department in writing of the address of the place where the licensee or permittee engages or intends to engage in business as a hearing aid specialist. The department shall keep a record of the place of business of licensees and persons holding temporary permits.   2. Any notice required to be given by the department to a licensee shall be adequately served if sent by certified mail to the address of the last place of business recorded.  [C75, 77, 79, 81, 154A.21]  2001 Acts, ch 58, 18; 2015 Acts, ch 57, 11 
154A.22 Receipt of fees. Repealed by  2006 Acts, ch 1155, 13, 15  . 
154A.23 Disciplinary orders  attorney general.   The board shall forward a copy of all final disciplinary orders, with associated complaints, to the attorney general for consideration for prosecution or enforcement when warranted. The attorney general and all county attorneys shall assist the board and the department in the enforcement of the provisions of this chapter.  [C75, 77, 79, 81, 154A.23]  2001 Acts, ch 58, 18; 2002 Acts, ch 1119, 19; 2012 Acts, ch 1113, 14  Referred to in 272C.5 
154A.24 Suspension or revocation.   The board may revoke or suspend a license or temporary permit permanently or for a fixed period for any of the following causes:   1. Procuring a license or temporary permit by fraud or deceit.   2. Unethical conduct in any of the following forms:   a. Obtaining a fee or making a sale by fraud or misrepresentation.   b. Knowingly employing, directly or indirectly, any suspended or unregistered person to perform any work covered by this chapter.   c. Using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia or any other representation, however disseminated or published, which is misleading, deceptive, or untruthful.   d. Advertising a particular model or type of hearing aid for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type, if it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised.   e. Representing that the service or advice of a person licensed to practice medicine, or one who is certificated as a clinical audiologist by the board of speech pathology and audiology or its equivalent, will be used or made available in the fitting or selection, adjustment, maintenance, or repair of hearing aids when that is not true, or using the words doctor, clinic, clinical audiologist, state approved, or similar words, abbreviations, or symbols which tend to connote the medical or other professions, except where the title certified hearing aid audiologist has been granted by the national hearing aid society, or that the hearing aid specialist has been recommended by this state or the board when such is not accurate.   f. Habitual intemperance.   g. Permitting another person to use the license or temporary permit.   h. Advertising a manufacturers product or using a manufacturers name or trademark to imply a relationship with the manufacturer that does not exist.   i. Directly or indirectly giving or offering to give, or permitting or causing to be given, money or anything of value to a person who advises another in a professional capacity, as an inducement to influence the person or cause the person to influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid specialist, or to influence others to refrain from dealing in the products of competitors.   j. Conducting business while suffering from a contagious or infectious disease.   k. Engaging in the fitting or selection and sale of hearing aids under a false name or alias, with fraudulent intent.   l. Selling a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting or selection of hearing aids, except in cases of selling replacement hearing aids of the same make or model within one year of the original sale.   m. Gross incompetence or negligence in fitting or selection and selling of hearing aids.   n. Using an advertisement or other representation which has the effect of misleading or deceiving purchasers or prospective purchasers into the belief that any hearing aid or device, or part or accessory thereof, is a new invention or involves a new mechanical or scientific principle when such is not the fact.   o. Representing, directly or by implication, that a hearing aid utilizing bone conduction has certain specified features, such as the absence of anything in the ear or leading to the ear, or the like, without disclosing clearly and conspicuously that the instrument operates on the bone conduction principle, and that in many cases of hearing loss, this type of instrument may not be suitable.   p. Stating or implying that the use of a hearing aid will restore normal hearing or preserve hearing or prevent or retard progressions of hearing disorders or any other false or misleading claim regarding the use or benefit of a hearing aid.   q. Representing or implying that a hearing aid is or will be custom-made, made to order, prescription made, or in any other sense especially fabricated for an individual person when such is not the case.   r. Violating any of the provisions of section 714.16.   s. Such other acts or omissions as the board may determine to be unethical conduct.  [C75, 77, 79, 81, 154A.24]  90 Acts, ch 1073, 1; 2001 Acts, ch 58, 18; 2007 Acts, ch 10, 146; 2011 Acts, ch 129, 87, 156; 2015 Acts, ch 57, 12; 2020 Acts, ch 1102, 8; 2020 Acts, ch 1103, 19, 31  Referred to in 272C.3, 272C.4 
154A.25 Prohibitions.   A person shall not:   1. Sell, barter, or offer to sell or barter a license or temporary permit.   2. Purchase or procure by barter a license or temporary permit with intent to use it as evidence of the holders qualifications to engage in business as a hearing aid specialist.   3. Alter a license or temporary permit with fraudulent intent.   4. Use or attempt to use as a valid license a license or temporary permit which has been purchased, fraudulently obtained, counterfeited, or materially altered.   5. Willfully make a false statement in an application for a license or temporary permit or for renewal of a license or temporary permit.  [C75, 77, 79, 81, 154A.25]  2001 Acts, ch 58, 18; 2015 Acts, ch 57, 13 
154A.26 Consumer protection.   Nothing in this chapter shall be construed to limit the right of a person who desires to file a complaint against a licensee or holder of a temporary permit from filing a complaint with the attorney general pursuant to the provisions of section 714.16.  [C75, 77, 79, 81, 154A.26] 
154A.27 Penalties.   A violation of any provisions of this chapter is a simple misdemeanor.  [C75, 77, 79, 81, 154A.27] 
154A.3 Term of office. Repealed by 2012 Acts, ch 1113, 15. See 147.19. 
154A.4 Duties of the board. Repealed by 2012 Acts, ch 1113, 15. See 147.22, 147.34, 147.76. 
154A.5 Public members. Repealed by 2012 Acts, ch 1113, 15. See 147.21(1). 
154A.6 Disclosure of confidential information. Repealed by 2012 Acts, ch 1113, 15. See 147.21(2, 3). 
154A.7 Board meetings.   The board shall meet at least one time per year at the seat of government and may hold additional meetings as deemed necessary. Additional meetings shall be held at the call of the chairperson or a majority of the members of the board.  [C75, 77, 79, 81, 154A.7]  86 Acts, ch 1245, 1146; 2012 Acts, ch 1113, 10 
154A.8 Duties of department. Repealed by  2012 Acts, ch 1113, 15  . 
154A.9 Applications. Repealed by 2012 Acts, ch 1113, 15. See 147.3. 
154B.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Board means the board of psychology created under chapter 147.   2. Collaborative practice agreement means a written agreement between a prescribing psychologist and a licensed physician that establishes clinical protocols, practice guidelines, and care plans relevant to the scope of the collaborative practice. The practice guidelines may include limitations on the prescribing of psychotropic medications by psychologists and protocols for prescribing to special populations, including patients who are less than seventeen years of age or over sixty-five years of age, patients who are pregnant, patients with serious medical conditions including but not limited to heart disease, cancer, stroke, or seizures, and patients with developmental disabilities and intellectual disabilities.   3. Collaborative relationship means a cooperative working relationship between a prescribing psychologist or a psychologist with a conditional prescription certificate and a licensed physician in the provision of patient care, including diagnosis and cooperation in the management and delivery of physical and mental health care.   4. Conditional prescription certificate means a document issued by the board to a licensed psychologist that permits the holder to prescribe psychotropic medication under the supervision of a licensed physician pursuant to this chapter.   5. Physician means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state who is board-certified in family medicine, internal medicine, pediatrics, psychiatry, or another specialty who prescribes medications for the treatment of a mental disorder to patients in the normal course of the persons clinical medical practice pursuant to joint rules adopted by the board of psychology and the board of medicine.   6. Practice of psychology means the application of established principles of learning, motivation, perception, thinking, and emotional relations to problems of behavior adjustment, group relations, and behavior modification, by persons trained in psychology for compensation or other personal gain. The application of principles includes but is not limited to counseling and the use of psychological remedial measures with persons, in groups or individually, with adjustment or emotional problems in the areas of work, family, school, and personal relationships; measuring and testing personality, intelligence, aptitudes, public opinion, attitudes, and skills; and the teaching of such subject matter, and the conducting of research on the problems relating to human behavior.   7. Prescribing psychologist means a licensed psychologist who holds a valid prescription certificate.   8. Prescription certificate means a document issued by the board to a licensed psychologist that permits the holder to prescribe psychotropic medication pursuant to this chapter.   9. Psychotropic medication means a medicine that shall not be dispensed or administered without a prescription and that has been explicitly approved by the federal food and drug administration for the treatment of a mental disorder, as defined by the most recent version of the diagnostic and statistical manual of mental disorders published by the American psychiatric association or the most recent version of the international classification of diseases. Psychotropic medication does not include narcotics.  [C75, 77, 79, 81, 154B.1]  2016 Acts, ch 1112, 6; 2017 Acts, ch 29, 44; 2018 Acts, ch 1026, 54  Referred to in 148.13B, 154B.14 
154B.10 Conditional prescription certificate.   1. An applicant for a conditional prescription certificate shall be granted a certificate by the board if the applicant satisfies all of the following requirements:   a. Holds a current license to practice psychology in this state.   b. Completed pharmacological training from an institution approved by the board of psychology and the board of medicine or from a provider of continuing education approved by the board of psychology and the board of medicine pursuant to joint rules adopted by both boards.   c. Passed a national certification examination approved by the board of psychology and the board of medicine that tested the applicants knowledge of pharmacology in the diagnosis, care, and treatment of mental disorders.   d. Within five years immediately preceding the date of application, successfully completed a postdoctoral master of science degree in clinical psychopharmacology approved by the board of psychology and the board of medicine pursuant to joint rules adopted by both boards. The program shall at a minimum include coursework in neuroscience, pharmacology, psychopharmacology, physiology, and appropriate and relevant physical and laboratory assessments.   e. Within five years immediately preceding the date of application, has been certified by the applicants supervising physician as having successfully completed a supervised and relevant clinical experience in clinical assessment and pathophysiology and an additional supervised practicum treating patients with mental disorders. The practica shall have been supervised by a trained physician. The board of psychology and the board of medicine, pursuant to joint rules adopted by the boards, shall determine sufficient practica to competently train the applicant in the treatment of a diverse patient population.   f. Possesses malpractice insurance that will cover the applicant during the period the conditional prescription certificate is in effect.   g. Meets all other requirements, as determined by joint rules adopted by the board of psychology and the board of medicine, for obtaining a conditional prescription certificate.   2. A conditional prescription certificate is valid for four years, at the end of which the holder may apply again pursuant to the provisions of subsection 1.   3. A psychologist with a conditional prescription certificate may prescribe psychotropic medication under the supervision of a licensed physician subject to all of the following conditions:   a. The psychologist shall continue to hold a current license to practice psychology in this state and continue to maintain malpractice insurance.   b. The psychologist shall inform the board of the name of the physician under whose supervision the psychologist will prescribe psychotropic medication and promptly inform the board of any change of the supervising physician.   c. A physician supervising a psychologist prescribing psychotropic medication pursuant to a conditional prescription certificate shall be subject to disciplinary action pursuant to section 148.13A for the acts and omissions of the psychologist while under the physicians supervision. This provision does not relieve the psychologist from liability for the psychologists acts and omissions.   d. Any other rules adopted jointly by the board of psychology and the board of medicine.  2016 Acts, ch 1112, 8  Referred to in 148.13B, 154B.14 
154B.11 Prescription certificate.   1. An applicant for a prescription certificate shall be granted a certificate by the board if the applicant satisfies all of the following requirements:   a. Possesses a conditional prescription certificate and has successfully completed two years of prescribing psychotropic medication as certified by the supervising licensed physician. An applicant for a prescription certificate who specializes in the psychological care of children, elderly persons, or persons with comorbid psychological conditions shall complete at least one year prescribing psychotropic medications to such populations as certified by the supervising licensed physician.   b. Holds a current license to practice psychology in this state.   c. Possesses malpractice insurance that will cover the applicant as a prescribing psychologist.   d. Meets all other requirements, as determined by rules adopted by the board, for obtaining a prescription certificate, including joint rules adopted by the board of psychology and the board of medicine.   2. A psychologist with a prescription certificate may prescribe psychotropic medication pursuant to the provisions of this chapter subject to the following conditions:   a. The psychologist continues to hold a current license to practice psychology in this state and maintains malpractice insurance.   b. The psychologist annually satisfies the continuing education requirements for prescribing psychologists, as determined by the board, which shall be no fewer than twenty hours each year.   c. The psychologist has entered into a collaborative practice agreement with a licensed physician.   d. Any other rules adopted jointly by the board of psychology and the board of medicine.  2016 Acts, ch 1112, 9  Referred to in 148.13B, 154B.14 
154B.12 Prescribing practices.   1. A prescribing psychologist or a psychologist with a conditional prescription certificate may administer and prescribe psychotropic medication within the scope of the psychologists profession, including the ordering and review of laboratory tests in conjunction with the prescription, for the treatment of mental disorders. Such prescribing practices shall be governed by joint rules adopted by the board of psychology and the board of medicine.   2. When prescribing psychotropic medication for a patient, the prescribing psychologist or the psychologist with a conditional prescription certificate shall maintain an ongoing collaborative relationship with the licensed physician who oversees the patients general medical care to ensure that necessary medical examinations are conducted, the psychotropic medication is appropriate for the patients medical condition, and significant changes in the patients medical or psychological condition are discussed.   3. A prescription written by a prescribing psychologist or a psychologist with a conditional prescription certificate shall meet all of the following requirements:   a. Comply with applicable state and federal laws.   b. Be identified as issued by the psychologist as psychologist certified to prescribe.   c. Include the psychologists board-assigned identification number.   4. A prescribing psychologist or a psychologist with a conditional prescription certificate shall not delegate prescriptive authority to any other person. Records of all prescriptions shall be maintained in patient records.   5. When authorized to prescribe controlled substances, a prescribing psychologist or a psychologist with a conditional prescription certificate shall file with the board in a timely manner all individual federal drug enforcement agency registration and numbers. The board shall maintain current records on every psychologist, including federal registration and numbers.  2016 Acts, ch 1112, 10 
154B.13 Board duties regarding prescription certificates and conditional prescription certificates.   1. The board shall, in consultation with the board of medicine, adopt rules to carry out the provisions of this chapter relating to prescribing psychologists. The rules shall include but not be limited to all of the following:   a. Procedures to obtain a conditional prescription certificate, a prescription certificate, and a renewal of a prescription certificate. The board may set reasonable application and renewal fees.   b. Grounds for the denial, suspension, or revocation of a conditional prescription certificate and a prescription certificate, including a provision for suspension or revocation of a license to practice psychology upon suspension of a conditional prescription certificate and a prescription certificate.   c. The provision of an annual list of psychologists with prescription certificates and psychologists with conditional prescription certificates that contains the information agreed to between the board and the board of medicine. The board shall promptly notify the board of medicine of psychologists who are added to or removed from the list.   d. Any other rules necessary for the administration of this chapter.   2. The board shall appoint a prescribing psychologist rules subcommittee comprised of a psychologist appointed by the board, a physician appointed by the board of medicine, and a member of the public appointed by the director of public health to develop rules for consideration by the board pursuant to this section.  2016 Acts, ch 1112, 11 
154B.14 Requirements for prescription certificates  joint rules.   1. The board of psychology and the board of medicine shall adopt joint rules in regard to the following:   a. Education and training requirements pursuant to sections 154B.10 and 154B.11.   b. Specific minimum standards for the terms, conditions, and framework governing the collaborative practice agreement and for governing the limitations on the prescriptions eligible to be prescribed and populations eligible to be prescribed to as specified in section 154B.1, subsection 2.   2. The board of psychology shall consult with the university of Iowa Carver college of medicine and clinical and counseling psychology doctoral programs at regents institutions in the development of the rules pertaining to education and training requirements in sections 154B.10 and 154B.11.   3. The joint rules, and any amendments thereto, adopted by the board of psychology and the board of medicine pursuant to this section and section 148.13B shall only be adopted by agreement of both boards through a joint rule-making process.  2016 Acts, ch 1112, 12  Referred to in 148.13B 
154B.2 Practice not authorized.   This chapter shall not authorize the practice of medicine and surgery or the practice of osteopathic medicine and surgery by any person not licensed pursuant to chapter 148.  [C75, 77, 79, 81, 154B.2]  2008 Acts, ch 1088, 108 
154B.3 Persons not required to qualify.   The provisions of this chapter shall not apply to the following persons:   1. School psychologists certified by the department of education practicing and functioning within the scope of their employment in either a public or private school or performing as certified school psychologists at any time in either private practice or the public sector, provided they use the title certified school psychologist.   2. An employee of an accredited academic institution while performing the employees teaching, training, and research duties.   3. An employee of a federal, state, county or local governmental institution or agency or nonprofit institution or agency, or a research facility, while performing duties of the office or position with such institution, agency, or facility.   4. A student of psychology, psychological intern or person preparing for the practice of psychology in a training institution or facility approved by the board, provided the person is designated by the title psychological trainee or any similar title, clearly indicating training status.   5. A practicing psychologist for a period not to exceed ten consecutive business days or fifteen business days in any ninety-day period, if the persons residence and major practice are outside the state, and the person gives the board a summary of the persons intention to practice in the state of Iowa, if the person is certified or licensed in the state in which the person resides under requirements the board considers to be equivalent of requirements for licensing under this chapter, or the person resides in a state which does not certify or license psychologists and the board considers the persons professional qualifications to be the equivalent of requirements for licensing under this chapter.  [C75, 77, 79, 81, 154B.3] 
154B.4 Acts prohibited.   Commencing July 1, 1975, a person who is not licensed under this chapter shall not claim to be a licensed practicing psychologist, use a title or description, including the term psychology or any of its derivatives, such as psychologist, psychological, psychotherapist or modifiers such as practicing or licensed in a manner which implies that the person is certified under this chapter, or offer to practice or practice psychology, except as otherwise permitted in this chapter. The use by a person who is not licensed under this chapter of such terms is not prohibited by this chapter, except when such terms are used in connection with an offer to practice or the practice of psychology.  [C75, 77, 79, 81, 154B.4] 
154B.5 Scope of chapter.   Nothing in this chapter shall be construed to prevent qualified members of other professional groups such as physicians, osteopathic physicians, optometrists, chiropractors, members of the clergy, authorized Christian Science practitioners, attorneys at law, social workers, or guidance counselors from performing functions of a psychological nature consistent with the accepted standards of their respective professions, if they do not use any title or description stating or implying that they are psychologists or are certified to practice psychology.  [C75, 77, 79, 81, 154B.5]  2009 Acts, ch 133, 59 
154B.6 Requirements for licensure  provisional license.   1. Except as provided in this section, an applicant for licensure as a psychologist shall meet the following requirements in addition to those specified in chapter 147:   a. Except as provided in this section, after July 1, 1985, a new applicant for licensure as a psychologist shall possess a doctoral degree in psychology from an institution approved by the board and shall have completed at least one year of supervised professional experience under the supervision of a licensed psychologist.   b. Have passed an examination administered by the board to assure the applicants professional competence. The examination of any of its divisions may be given by the board at any time after the applicant has met the degree requirements of this section.   c. Have not failed the examination required in paragraph b within sixty days preceding the date of the subsequent examination.   2. The examinations required in this section may, at the discretion of the board, be waived for holders by examination of licenses or certificates from states whose requirements are substantially equivalent to those of this chapter, and for holders by examination of specialty diplomas from the American board of professional psychology.   3. A person who possesses a doctoral degree in psychology from an institution approved by the board but who has not completed the other requirements for licensure under this section may apply for a provisional license. The license shall be designated as a provisional license in psychology. The provisional license shall authorize the licensee to practice psychology under the supervision of a supervisor who meets the qualifications determined by the board by rule. A provisional license shall be valid for a period of two years. The fee for a provisional license shall be set by the board to cover the administrative costs of issuance. The board shall also set a fee for renewal of a provisional license.  [C75, 77, 79, 81, 154B.6]  84 Acts, ch 1122, 1; 2006 Acts, ch 1184, 96; 2007 Acts, ch 22, 40; 2014 Acts, ch 1043, 1  Referred to in 249A.15, 514C.33 
154B.7 Health service provider in psychology.   A certified health service provider in psychology means a person licensed to practice psychology who has a doctoral degree in psychology, or prior to July 1, 1984, was licensed at the doctoral level with a degree in psychology or its equivalent, or was prior to January 1, 1984, licensed as a psychologist in this state and prior to January 1, 1985, receives a doctoral degree equivalent to a doctoral degree in psychology, and who has at least two years of clinical experience in a recognized health service setting or meets the standards of a national register of health service providers in psychology. A person certified as a health service provider in psychology shall be deemed qualified to diagnose or evaluate mental illness and nervous disorders, and to treat mental illnesses and nervous disorders, excluding those mental illnesses and nervous disorders which are established as primarily of biological etiology with the exception of the treatment of the psychological and behavioral aspects of those mental illnesses and nervous disorders.  84 Acts, ch 1122, 2  Referred to in 135B.7, 232.78, 232.83 
154B.8 Voluntary surrender of license.   The director of public health may accept the voluntary surrender of license if accompanied by a written statement of intention. The voluntary surrender, when accepted, shall have the same force and effect as an order of revocation.  [C75, 77, 79, 81, 154B.7] 
154B.9 Drugs  medicine.   1. Except as provided in subsections 2 and 3, a psychologist shall not administer or prescribe drugs or medicine.   2. A licensed psychologist holding a conditional prescription certificate may prescribe psychotropic medication under the supervision of a licensed physician pursuant to this chapter.   3. A prescribing psychologist may prescribe psychotropic medication pursuant to joint rules adopted by the board of psychology and the board of medicine and the provisions of this chapter.  2016 Acts, ch 1112, 7 
154C.1 Definitions.   As used in this chapter unless the context otherwise requires:   1. Board means the board of social work established in chapter 147.   2. Licensee means a person licensed to practice social work.   3. Practice of social work means the professional activity of licensees which is directed at enhancing or restoring peoples capacity for social functioning, whether impaired by environmental, emotional, or physical factors, with particular attention to the person-in-situation configuration. The social work profession represents a body of knowledge requiring progressively more sophisticated analytic and intervention skills, and includes the application of psychosocial theory methods to individuals, couples, families, groups, and communities. The practice of social work does not include the making of a medical diagnosis, or the treatment of conditions or disorders of biological etiology except treatment of conditions or disorders which involve psychosocial aspects and conditions. The practice of social work for each of the categories of social work licensure includes the following:   a. Bachelor social workers provide psychosocial assessment and intervention through direct contact with clients or referral of clients to other qualified resources for assistance, including but not limited to performance of social histories, problem identification, establishment of goals and monitoring of progress, interviewing techniques, counseling, social work administration, supervision, evaluation, interdisciplinary consultation and collaboration, and research of service delivery including development and implementation of organizational policies and procedures in program management.   b. Master social workers are qualified to perform the practice of bachelor social workers and provide psychosocial assessment, diagnosis, and treatment, including but not limited to performance of psychosocial histories, problem identification and evaluation of symptoms and behavior, assessment of psychosocial and behavioral strengths and weaknesses, effects of the environment on behavior, psychosocial therapy with individuals, couples, families, and groups, establishment of treatment goals and monitoring progress, differential treatment planning, and interdisciplinary consultation and collaboration.   c. Independent social workers are qualified to perform the practice of master social workers as a private practice.   4. Private practice means social work practice conducted only by an independent social worker who is either self-employed or a member of a partnership or of a group practice providing diagnosis and treatment of mental and emotional disorders or conditions.   5. Supervision means the direction of social work practice in face-to-face sessions.  84 Acts, ch 1075, 1; 96 Acts, ch 1035, 5; 2007 Acts, ch 10, 147  Referred to in 154C.6 
154C.2 License required  exception  use of title.   1. A person shall not engage in the practice of social work unless the person is licensed pursuant to this chapter. A person who is not licensed pursuant to this chapter shall not use words or titles which imply or represent that the person is a licensed bachelor social worker, licensed master social worker, or licensed independent social worker.   2. Notwithstanding subsection 1, persons trained as bachelor social workers, or employed as bachelor social workers, are not required to be licensed.   3. Section 147.83 does not apply to persons who are not licensed as bachelor social workers and who do not hold themselves out as licensed bachelor social workers.  84 Acts, ch 1075, 2; 96 Acts, ch 1035, 6 
154C.3 Requirements to obtain license or reciprocal license  license renewal  continuing education.   1. License requirements. An applicant for a license as a bachelor social worker, master social worker, or independent social worker shall meet the following requirements in addition to paying all fees required by the board:   a. Bachelor social worker. An applicant for a license as a bachelor social worker shall present evidence satisfactory to the board that the applicant:   (1) Possesses a bachelors degree in social work from an accredited college or university approved by the board.   (2) Has passed an examination given by the board.   (3) Will conduct all professional activities as a bachelor social worker in accordance with standards for professional conduct established by the board.   b. Master social worker. An applicant for a license as a master social worker shall present evidence satisfactory to the board that the applicant:   (1) Possesses a masters or doctoral degree in social work from an accredited college or university approved by the board.   (2) Has passed an examination given by the board.   (3) Will conduct all professional activities as a master social worker in accordance with standards for professional conduct established by the board.   c. Independent social worker. An applicant for a license as an independent social worker shall present evidence satisfactory to the board that the applicant:   (1) Possesses a masters or doctoral degree in social work from an accredited college or university approved by the board.   (2) Has passed an examination given by the board.   (3) Will conduct all professional activities as a social worker in accordance with standards for professional conduct established by the board.   (4) Has engaged in the practice of social work, under supervision, for at least two years as a full-time employee or for four thousand hours prior to taking the examination given by the board.   (5) (a) Supervision shall be provided in any of the following manners:   (i) By a social worker licensed at least at the level of the social worker being supervised and qualified under this section to practice without supervision.   (ii) By a person licensed under section 154D.2 to practice marital and family therapy without supervision or mental health counseling without supervision.   (iii) By another qualified professional, if the board determines that supervision by a social worker as defined in subparagraph subdivision (i) is unobtainable or in other situations considered appropriate by the board.   (b) Additional standards for supervision shall be determined by the board.   2. Reciprocal license. The board shall issue an appropriate license to an applicant licensed to practice social work in another state which imposes licensure requirements similar or equal to those imposed under subsection 1.   3. License renewal and continuing education. Licenses shall be renewed biennially, and licensees shall pay a fee for renewal as determined by the board and shall present evidence satisfactory to the board that the licensee has satisfied continuing education requirements as determined by the board. The board shall not limit the number of continuing education credits that may be obtained online in satisfying continuing education requirements, provided that any program providing continuing education credits online shall comply with standards set by the board.   4. Supervision. The board shall not, by rule or other means, require that supervision be completed in person as a condition for an applicant to receive a license, a reciprocal license, or a renewed license under this chapter.  84 Acts, ch 1075, 3; 96 Acts, ch 1035, 7; 2000 Acts, ch 1140, 40; 2007 Acts, ch 10, 148; 2009 Acts, ch 41, 263; 2009 Acts, ch 133, 60; 2019 Acts, ch 83, 1; 2021 Acts, ch 182, 56, 57, 62  Referred to in 147.14, 154C.6, 249A.15A, 489.1101, 496C.2, 514C.32  Subsection 1, paragraph c, subparagraph (5), subparagraph division (a), NEW subparagraph subdivision (ii) and former subparagraph subdivision (ii) renumbered as (iii)  NEW subsection 4 
154C.4 Rulemaking authority.   In addition to duties and responsibilities provided in chapters 147 and 272C, the board shall adopt rules relating to:   1. Standards required for licensees engaging in the private practice of licensed social work.   2. Standards for professional conduct of licensees.   3. The administration of this chapter.   4. The status of active and inactive licensure and guidelines for inactive licensure reentry.   5. Educational activities which fulfill continuing education requirements for renewal of licenses.   6. Evaluation of its rules to refine standards of licensure and improve methods of enforcement of the standards.  84 Acts, ch 1075, 4; 96 Acts, ch 1035, 8 
154C.5 Confidentiality of information.   A licensee or a person working under supervision of a licensee shall not disclose or be compelled to disclose information acquired from persons consulting that person in a professional capacity except:   1. If the information reveals the contemplation or commission of a crime.   2. If the person waives the privilege by bringing charges against the licensee.   3. With the written consent of the client, or in the case of death or disability with the consent of the clients personal representative, another person authorized to sue, or the beneficiary of an insurance policy on the clients life, health, or physical condition.   4. To testify in a court hearing concerning matters pertaining to the welfare of children.   5. To seek collaboration or consultation with professional colleagues or administrative superiors on behalf of the client.  84 Acts, ch 1075, 5; 96 Acts, ch 1035, 9 
154C.6 Transition provisions  exemption from certain license requirements.   Notwithstanding section 154C.3, the board shall issue a license as a bachelor social worker, master social worker, or independent social worker to an applicant applying for a license prior to July 1, 1998, who meets the following requirements in addition to paying all fees required by the board:   1. Bachelor social worker. An applicant for a license as a bachelor social worker shall present evidence satisfactory to the board of either of the following:   a. That the applicant possesses a bachelors degree in social work from an accredited college or university approved by the board.   b. That the applicant possesses an undergraduate degree from an accredited college or university and has four thousand hours of employment experience in the practice of social work.   2. Master social worker. An applicant for a license as a master social worker shall present evidence satisfactory to the board of any of the following:   a. That the applicant possesses a masters degree in social work from an accredited college or university approved by the board.   b. That the applicant possesses a graduate degree from an accredited college or university and has four thousand hours of employment experience in the practice of social work.   c. That the applicant is employed performing master level social work duties as defined in section 154C.1, subsection 3, paragraph b, as of July 1, 1996, and has four thousand hours of employment experience in the practice of social work as of July 1, 1998.   3. Independent social worker. An applicant for a license as an independent social worker shall present evidence satisfactory to the board of either of the following:   a. That the applicant possesses a valid license to practice social work pursuant to this chapter issued prior to July 1, 1996.   b. That the applicant possesses a masters or doctoral degree in social work from an accredited college or university approved by the board and has two years or four thousand hours of postgraduate degree employment experience in the practice of social work.  96 Acts, ch 1035, 10 
154C.7 General exemptions.   1. This chapter and chapter 147 do not prevent qualified members of other professions including but not limited to nurses, psychologists, marital and family therapists, mental health counselors, physicians, physician assistants, attorneys at law, or members of the clergy, from providing or advertising that they provide services of a social work nature consistent with the accepted standards of their respective professions, provided that these persons do not use a title or description indicating or implying that they are licensed to practice social work under this chapter or that they are practicing social work as defined in this chapter.   2. This chapter does not apply to students of social work whose activities are conducted within a course of professional education in social work.  96 Acts, ch 1035, 11; 2020 Acts, ch 1062, 94 
154D.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Board means the board of behavioral science established in chapter 147.   2. Certifying entity means the behavior analyst certification board or another entity whose programs to certify professional practitioners of applied behavior analysis are accredited by the national commission for certifying agencies or the American national standards institute.   3. Licensed assistant behavior analyst means a person licensed to practice applied behavior analysis under the supervision of a licensed behavior analyst under chapter 147 and this chapter.   4. Licensed behavior analyst means a person licensed to practice applied behavior analysis under chapter 147 and this chapter.   5. Licensed marital and family therapist means a person licensed to practice marital and family therapy under chapter 147 and this chapter.   6. Licensed mental health counselor means a person licensed to practice mental health counseling under chapter 147 and this chapter.   7. Licensee includes a licensed marital and family therapist and a licensed mental health counselor.   8. Marital and family therapy means the application of counseling techniques in the assessment and resolution of emotional conditions. This includes the alteration and establishment of attitudes and patterns of interaction relative to marriage, family life, and interpersonal relationships.   9. Mental health counseling means the provision of counseling services involving assessment, referral, consultation, and the application of counseling, human development principles, learning theory, group dynamics, and the etiology of maladjustment and dysfunctional behavior to individuals, families, and groups.   10. Practice of applied behavior analysis means the design, implementation, and evaluation of instructional and environmental modification to produce socially significant improvements in human behavior. Practice of applied behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. Practice of applied behavior analysis excludes psychological testing, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and counseling as treatment modalities.   11. Temporary license means a license to practice marital and family therapy or mental health counseling under direct supervision of a qualified supervisor as determined by the board by rule to fulfill the postgraduate supervised clinical experience requirement in accordance with this chapter.   12. Temporary licensed marital and family therapist means a person licensed to practice marital and family therapy under supervision in accordance with section 154D.7.   13. Temporary licensed mental health counselor means a person licensed to practice mental health counseling under supervision in accordance with section 154D.7.  91 Acts, ch 229, 6; 2007 Acts, ch 10, 149; 2008 Acts, ch 1088, 65; 2018 Acts, ch 1106, 7, 14 
154D.2 Licensure  marital and family therapy  mental health counseling.   1. An applicant for a license to practice marital and family therapy or mental health counseling shall be granted a license by the board when the applicant satisfies all of the following requirements:   a. Possesses a masters degree in marital and family therapy or mental health counseling, as applicable, consisting of at least sixty semester hours, or its equivalent, from a nationally accredited institution or from a program approved by the board.   b. Has at least two years of supervised clinical experience or its equivalent as approved by the board. Standards for supervision, including the required qualifications for supervisors, shall be determined in accordance with subsection 2 and by the board by rule, provided that a supervisor may be a person licensed under this section to practice marital and family therapy or mental health counseling without supervision or a licensed independent social worker licensed under chapter 154C.   c. Passes an examination approved by the board.   2. The board shall not, by rule or other means, require any in-person supervised clinical experience.  91 Acts, ch 229, 7; 94 Acts, ch 1170, 25, 26; 2004 Acts, ch 1090, 2, 3; 2005 Acts, ch 89, 17, 18; 2006 Acts, ch 1184, 97; 2008 Acts, ch 1088, 66; 2021 Acts, ch 182, 58, 62  Referred to in 154C.3, 154D.4, 154D.7  Section amended 
154D.2A Licensure  behavior analysts  assistant behavior analysts.   1. An applicant for a license to practice as a behavior analyst shall be granted a license by the board upon submitting to the board proof of the applicants current certification as a behavior analyst or behavior analyst-doctoral by a certifying entity.   2. An applicant for a license to practice as an assistant behavior analyst shall be granted a license by the board upon submitting to the board proof of the applicants current certification as an assistant behavior analyst by a certifying entity. The applicant must also provide proof of ongoing supervision by a licensed behavior analyst in accordance with the requirements of the certifying entity.  2018 Acts, ch 1106, 8, 14 
154D.3 Board organization and authority.   1. In addition to duties and responsibilities provided in chapters 147 and 272C, the board shall adopt rules relating to:   a. Standards required for licensees engaging in the professions covered by this chapter.   b. Standards for professional conduct of persons licensed under this chapter.   c. The administration of this chapter.   d. The status of active and inactive licensure, and guidelines for reentry of inactive licensees.   e. Educational activities which fulfill continuing education requirements for license renewals. The board shall not limit the number of continuing education credits that may be obtained online by marital and family therapists or mental health counselors in fulfilling continuing education requirements, provided that any program providing continuing education credits online shall comply with standards set by the board.   2. The board may establish subcommittees. A decision or recommendation of a subcommittee shall not become effective without approval of the board. The board may initiate action relating to either of the professions within its jurisdiction.  91 Acts, ch 229, 8; 98 Acts, ch 1050, 2, 5; 2008 Acts, ch 1088, 67; 2019 Acts, ch 83, 2 
154D.4 Exemptions.   1. This chapter and chapter 147 do not prevent qualified members of other professions, including but not limited to nurses, psychologists, social workers, physicians, physician assistants, attorneys at law, or members of the clergy, from providing or advertising that they provide services of a marital and family therapy or mental health counseling nature consistent with the accepted standards of their respective professions, but these persons shall not use a title or description denoting that they are licensed marital and family therapists or licensed mental health counselors.   2. The licensure requirements of this chapter and chapter 147 do not apply to the following:   a. Students whose activities are conducted within a course of professional education in marital and family therapy or mental health counseling.   b. A person who practices marital and family therapy or mental health counseling under the supervision of a person licensed under this chapter as part of a clinical experience as described in section 154D.2, subsection 1, paragraph b.   c. The provision of children, family, or mental health services through the department of human services or juvenile court, or agencies contracting with the department of human services or juvenile court, by persons who do not represent themselves to be either a marital and family therapist or a mental health counselor.   3. This chapter and chapter 147 do not prevent or restrict the practice of applied behavior analysis by any of the following:   a. Persons licensed to practice other professions under this subtitle, provided that applied behavior analysis is within the scope of practice of the persons profession, the services provided are within the boundaries of the persons education, training, and competence, and the person does not represent that the person is a licensed behavior analyst or licensed assistant behavior analyst unless also licensed as one.   b. Family members of recipients of applied behavior analysis services implementing applied behavior analysis treatment plans with the recipients under the extended authority and direction of a licensed behavior analyst or a licensed assistant behavior analyst. Such persons shall not represent themselves as behavior analysts or assistant behavior analysts.   c. Paraprofessional technicians who deliver applied behavior analysis services under the extended authority and direction of a licensed behavior analyst or licensed assistant behavior analyst. Such persons shall not represent themselves as behavior analysts or assistant behavior analysts and shall use titles that indicate their nonprofessional status, including but not limited to assistant behavior analyst technician, behavior technician, tutor, or line therapist.   d. Behavior analysts who practice with nonhumans, including but not limited to applied animal behaviorists and animal trainers. Such individuals may use the title behavior analyst but shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless they are licensed as such.   e. Professionals who provide general applied behavior analysis services to organizations, so long as those services are for the benefit of the organizations and do not involve direct services to individuals. Such professionals may use the title behavior analyst but shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless they are licensed as such.   f. Students whose applied behavior analysis activities are conducted within a defined program of study, course, practicum, internship, or postdoctoral fellowship, provided that the applied behavior analysis activities are directly supervised by a behavior analyst licensed in this state, an instructor in a course sequence approved by a certifying entity, or another qualified faculty member of the students program. Such students shall not present themselves as behavior analysts or assistant behavior analysts and shall use titles that clearly indicate their status, such as student, intern, or trainee.   g. Unlicensed persons pursuing supervised experience in applied behavior analysis consistent with the experience requirements of a certifying entity, provided such experience is supervised in accordance with the requirements of the certifying entity.   h. Individuals who teach applied behavior analysis or conduct behavior-analytic research, provided that such teaching or research does not involve the direct delivery of applied behavior analysis services. Such individuals may use the title behavior analyst but shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless they are licensed as such.   i. Behavior analysts licensed in another jurisdiction or certified by a certifying entity to practice independently and who work in this state no more than two thousand eighty hours within a calendar year.   j. Persons employed by a school, school district, or area education agency performing the duties of their positions. Such persons shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless they are licensed as such, and shall not offer applied behavior analysis services to any persons or entities other than their school employer or accept remuneration for providing applied behavior analysis services other than the remuneration they receive from their school employer.  91 Acts, ch 229, 9; 98 Acts, ch 1050, 3, 5; 2008 Acts, ch 1088, 68; 2018 Acts, ch 1106, 9, 14; 2019 Acts, ch 59, 52; 2021 Acts, ch 182, 59, 62  Subsection 2, paragraph b amended 
154D.5 Sexual conduct with client.   The license of a behavior analyst, an assistant behavior analyst, a marital and family therapist, or a mental health counselor shall be revoked if the board finds that the licensee engaged in sexual activity with a client as determined by board rule. The revocation shall be in addition to any other penalties provided by law.  91 Acts, ch 229, 10; 2008 Acts, ch 1088, 69; 2018 Acts, ch 1106, 10, 14 
154D.6 Transition provisions. Repealed by  2008 Acts, ch 1088, 79  . 
154D.7 Temporary license  marital and family therapy  mental health counseling  fees.   Any person who has fulfilled all of the requirements for licensure under section 154D.2, except for having completed the postgraduate supervised clinical experience requirement as determined by the board by rule, may apply to the board for a temporary license. The license shall be designated temporary license in marital and family therapy or temporary license in mental health counseling and shall authorize the licensee to practice marital and family therapy or mental health counseling under the supervision of a qualified supervisor as determined by the board by rule. The license shall be valid for three years and may be renewed at the discretion of the board. The fee for a temporary license shall be set by the board to cover the administrative costs of issuing the license, and if renewed, a renewal fee as set by the board shall be required.  2008 Acts, ch 1088, 70; 2018 Acts, ch 1106, 11, 14  Referred to in 154D.1, 249A.15A, 514C.32 
154E.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Board means the board of sign language interpreters and transliterators established in chapter 147.   2. Consumer means an individual utilizing interpreting services who uses spoken English, American sign language, or a manual form of English.   3. Department means the Iowa department of public health.   4. Interpreter training program means a postsecondary education program training individuals to interpret or transliterate.   5. Interpreting means facilitating communication between individuals who communicate via American sign language and individuals who communicate via spoken English.   6. Licensee means any person licensed to practice interpreting or transliterating for deaf, hard-of-hearing, and hearing individuals in the state of Iowa.   7. Transliterating means facilitating communication between individuals who communicate via a manual form of English and individuals who communicate via spoken English.  2004 Acts, ch 1175, 426, 433; 2007 Acts, ch 10, 150  Referred to in 147.14 
154E.2 Duties of the board.   The board shall administer this chapter. The boards duties shall include, but are not limited to, the following:   1. Adopt rules consistent with this chapter and with chapter 147 which are necessary for the performance of its duties.   2. Act on matters concerning licensure and the process of applying for, granting, suspending, imposing supervisory or probationary conditions upon, reinstating, and revoking a license.   3. Administer the provisions of this chapter regarding documentation required to demonstrate competence as an interpreter, and the processing of applications for licenses and license renewals.   4. Establish and maintain as a matter of public record a registry of interpreters licensed pursuant to this chapter.   5. Develop continuing education requirements as a condition of license renewal.   6. Evaluate requirements for licensure in other states to determine if reciprocity may be granted.  2004 Acts, ch 1175, 427, 433; 2006 Acts, ch 1155, 12, 15 
154E.3 Requirements for licensure.   On or after July 1, 2005, every person providing interpreting or transliterating services in this state shall be licensed pursuant to this chapter. The board shall adopt rules pursuant to chapters 17A, 147, and 272C establishing procedures for the licensing of new and existing interpreters. Prior to obtaining licensure, an applicant shall successfully pass an examination prescribed and approved by the board, demonstrating the following:   1. Voice-to-sign interpretation. An applicant shall demonstrate proficiency at:   a. Message equivalence: producing a true and accurate signed form of the spoken message, maintaining the integrity of content and meaning, and exhibiting few omissions, substitutions, or other errors.   b. Affect: producing nonmanual grammar consistent with the intent and emotion of the speaker, and exhibiting no distracting mannerisms.   c. Vocabulary choice: making correct sign choices appropriate to the setting and consumers, applying facial grammar consistent with sign choice, selecting signs that remain true to speakers intent, and demonstrating lexical variety.   d. Fluency: displaying confidence in production, exhibiting a strong command of American sign language or manual codes for English, applying nonmanual behaviors consistent with the speakers intent, and demonstrating understanding of and sensitivity to cultural differences.   2. Sign-to-voice interpretation. An applicant shall demonstrate proficiency at:   a. Message equivalence: producing a true and accurate spoken form of the signed message, maintaining the integrity of content and meaning, and exhibiting few omissions, substitutions, or other errors.   b. Affect: producing inflection consistent with the intent and emotion of the speaker, and exhibiting no distracting mannerisms.   c. Vocabulary choice: making correct word choices appropriate to the setting and consumers, using vocal inflection consistent with word choice, selecting words that remain true to the speakers intent, and demonstrating lexical variety.   d. Fluency: displaying confidence in production, exhibiting a strong command of English in both spoken and written forms, applying vocal inflections consistent with the speakers intent, and demonstrating understanding of and sensitivity to cultural differences.   3. Professional conduct. An applicant shall demonstrate:   a. Proficiency in functioning as a communicator of messages between the sender and receiver and educating consumers of services about the functions and logistics of the interpreting process.   b. An impartial demeanor, refraining from interjecting opinions or advice and from aligning with one party over another. An applicant shall treat all people fairly and respectfully regardless of their relationship to the interpreting assignment, and present a professional appearance that is not visually distracting and is appropriate to the setting. An applicant shall exhibit knowledge and application of federal and state laws pertaining to the interpreting profession.   c. Integrity, and shall be proficient in understanding and applying ethical behavior appropriate for a licensee. An applicant shall demonstrate discretion in accepting and meeting interpreter services requests, and shall engage actively in lifelong learning.  2004 Acts, ch 1175, 428, 433  Referred to in 154E.3A 
154E.3A Temporary license.   Beginning July 1, 2007, an individual who does not meet the requirements for licensure by examination pursuant to section 154E.3 may apply for or renew a temporary license. The temporary license shall authorize the licensee to practice as a sign language interpreter or transliterator under the direct supervision of a sign language interpreter or transliterator licensed pursuant to section 154E.3. The temporary license shall be valid for two years and may only be renewed one time in accordance with standards established by rule. An individual shall not practice for more than a total of four years under a temporary license. The board may revoke a temporary license if it determines that the temporary licensee has violated standards established by rule. The board may adopt requirements for temporary licensure to implement this section.  2006 Acts, ch 1184, 98 
154E.4 Exceptions.   1. A person shall not practice interpreting or transliterating, or represent that the person is an interpreter, unless the person is licensed under this chapter.   2. This chapter does not prohibit any of the following:   a. Any person residing outside of the state of Iowa holding a current license from another state that meets the state of Iowas requirements from providing interpreting or transliterating services in this state for up to fourteen days per calendar year without a license issued pursuant to this chapter.   b. Any person from interpreting or transliterating solely in a religious setting with the exception of those working in schools that receive government funding.   c. Volunteers working without compensation, including emergency situations, until a licensed interpreter is obtained.   d. Any person working as a substitute for a licensed interpreter in an early childhood, elementary, or secondary education setting for no more than thirty school days in a calendar year.   e. Students enrolled in a school of interpreting from interpreting only under the direct supervision of a permanently licensed interpreter as part of the students course of study.  2004 Acts, ch 1175, 429, 433; 2006 Acts, ch 1184, 99; 2007 Acts, ch 22, 41 
154F.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Audiologist means a person who engages in the practice of audiology.   2. Board means the board of speech pathology and audiology established pursuant to section 147.14, subsection 1, paragraph i.   3. The practice of audiology means the application of principles, methods, and procedures for measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, rehabilitation, or remediation related to hearing and disorders of hearing and associated communication disorders for the purpose of nonmedically evaluating, identifying, preventing, ameliorating, modifying, or remediating such disorders and conditions in individuals or groups of individuals, including the determination and use of appropriate amplification.   4. The practice of speech pathology means the application of principles, methods, and procedures for the measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, rehabilitation, or remediation related to the development and disorders of speech, fluency, voice, or language for the purposes of nonmedically evaluating, preventing, ameliorating, modifying, or remediating such disorders and conditions in individuals or groups of individuals.   5. Speech pathologist means a person who engages in the practice of speech pathology.  2008 Acts, ch 1088, 71 
154F.2 Applicability.   1. Nothing contained in this chapter shall be construed to apply to:   a. Licensed physicians and surgeons, licensed osteopathic physicians and surgeons, licensed physician assistants and registered nurses acting under the supervision of a physician or osteopathic physician, persons conducting hearing tests under the direct supervision of a licensed physician and surgeon or licensed osteopathic physician and surgeon, or students of medicine or surgery or osteopathic medicine and surgery pursuing a course of study in a medical school or college of osteopathic medicine and surgery approved by the board of medicine while performing functions incidental to their course of study.   b. Hearing aid fitting, the dispensing or sale of hearing aids, and the providing of hearing aid service and maintenance by a hearing aid specialist or holder of a temporary permit as defined and licensed under chapter 154A.   c. Students enrolled in an accredited college or university pursuing a course of study leading to a degree in speech pathology or audiology while receiving clinical training as a part of the course of study and acting under the supervision of a licensed speech pathologist or audiologist provided they use the title trainee or similar title clearly indicating training status.   d. Nonprofessional aides who perform their services under the supervision of a speech pathologist or audiologist as appropriate and who meet such qualifications as may be established by the board for aides if they use the title aide, assistant, technician, or other similar title clearly indicating their status.   e. Audiometric tests administered pursuant to the United States Occupational Safety and Health Act of 1970 or chapter 88, and in accordance with regulations issued thereunder, by employees of a person engaged in business, including the state of Iowa, its various departments, agencies, and political subdivisions, solely to employees of such employer, while acting within the scope of their employment.   f. Persons certified by the department of education as speech clinicians or hearing clinicians and employed by a school district or area education agency while acting within the scope of their employment.   2. A person exempted from the provisions of this chapter by this section shall not use the title speech pathologist or audiologist or any title or device indicating or representing in any manner that the person is a speech pathologist or is an audiologist; provided, a hearing aid specialist licensed under chapter 154A may use the title certified hearing aid audiologist when granted by the national hearing aid society; and provided, persons who meet the requirements of section 154F.3, subsection 1, who are certified by the department of education as speech clinicians may use the title speech pathologist and persons who meet the requirements of section 154F.3, subsection 2, who are certified by the department of education as hearing clinicians may use the title audiologist, while acting within the scope of their employment.  2008 Acts, ch 1088, 72; 2009 Acts, ch 133, 61; 2015 Acts, ch 57, 14, 15 
154F.3 Requirements for license.   Each applicant for a license as a speech pathologist or audiologist shall meet all of the following requirements:   1. For a license as a speech pathologist:   a. Possess a masters degree from an accredited school, college, or university with a major in speech pathology.   b. Show evidence of completion of not less than four hundred hours of supervised clinical training in speech pathology as a student in an accredited school, college, or university.   c. Show evidence of completion of not less than nine months clinical experience under the supervision of a licensed speech pathologist following the receipt of the masters degree.   2. For a license as an audiologist:   a. Possess a masters degree from an accredited school, college, or university with a major in audiology.   b. Show evidence of completion of not less than four hundred hours of supervised clinical training in audiology as a student in an accredited school, college, or university.   c. Show evidence of completion of not less than nine months clinical experience under the supervision of a licensed audiologist following the receipt of the masters degree.   d. In lieu of paragraphs a through c, hold a doctoral degree in audiology from an accredited school, college, or university which incorporates the academic coursework and the minimum hours of supervised training required by rules adopted by the board.   3. Pass an examination as determined by the board in rule.  2008 Acts, ch 1088, 73  Referred to in 154F.2, 154F.4, 154F.5 
154F.4 Waiver of examination requirement.   The examinations required in section 154F.3, subsection 3, may be waived by the board for holders by examination of licenses or certificates from states whose requirements are substantially equivalent to those of this chapter.  2008 Acts, ch 1088, 74 
154F.5 Temporary clinical license  fee.   Any person who has fulfilled all of the requirements for licensure under this chapter, except for having completed the nine months clinical experience requirement as provided in section 154F.3, subsection 1 or 2, may apply to the board for a temporary clinical license. The license shall be designated temporary clinical license in speech pathology or temporary clinical license in audiology and shall authorize the licensee to practice speech pathology or audiology under the supervision of a licensed speech pathologist or licensed audiologist, as appropriate. The license shall be valid for one year and may be renewed at the discretion of the board. The fee for a temporary clinical license shall be set by the board to cover the administrative costs of issuing the license, and if renewed, a renewal fee as set by the board shall be required. A temporary clinical license shall be issued only upon evidence satisfactory to the board that the applicant will be supervised by a person licensed as a speech pathologist or audiologist, as appropriate.  2008 Acts, ch 1088, 75 
154F.6 Temporary permit.   The board may, at its discretion, issue a temporary permit to a nonresident authorizing the permittee to practice speech pathology or audiology in this state for a period not to exceed three months whenever, in the opinion of the board, a need exists and the permittee, in the opinion of the board, possesses the necessary qualifications which shall be substantially equivalent to those required for licensure by this chapter.  2008 Acts, ch 1088, 76 
154G.1 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Music therapist means a person who holds an active music therapist board-certified credential granted by the certification board for music therapists.   2. Music therapy means the clinical and evidence-based use of music interventions to accomplish individualized goals for people of all ages and ability levels within a therapeutic relationship by a music therapist.  2021 Acts, ch 118, 1  NEW section 
154G.2 Practice or use of title.   1. A person shall not profess to be a music therapist or board-certified music therapist or use the initials MT-BC or any other words, letters, abbreviations, or insignia indicating or implying that the person is a music therapist unless the person holds and maintains the music therapist board-certified credential granted by the certification board for music therapists.   2. This chapter does not prohibit a person from using music in the performance of the persons profession or occupation if the person does not represent that the person is a music therapist.   3. A person who recklessly, knowingly, or intentionally violates this section is guilty of a simple misdemeanor.  2021 Acts, ch 118, 2  NEW section 
155.1 Definitions.   For the purposes of this chapter:   1. Board means the board of nursing home administrators established in chapter 147.   2. Nursing home means an institution or facility, or part of an institution or facility, whether proprietary or nonprofit, licensed as a nursing facility, but not including an intermediate care facility for persons with an intellectual disability or an intermediate care facility for persons with mental illness, defined as such for licensing purposes under state law or administrative rule adopted pursuant to section 135C.2, including but not limited to, a nursing home owned or administered by the federal or state government or an agency or political subdivision of government.   3. Nursing home administrator means a person who administers, manages, supervises, or is in general administrative charge of a nursing home whether or not such individual has an ownership interest in such home and whether or not the individuals functions and duties are shared with one or more individuals. A member of a board of directors, unless also serving in a supervisory or managerial capacity, shall not be considered a nursing home administrator.  [C71, 73, 75, 147.118; C77, 79, 81, 135E.1]  83 Acts, ch 206, 8; 87 Acts, ch 194, 2; 90 Acts, ch 1039, 12; 90 Acts, ch 1204, 18  C93, 155.1  96 Acts, ch 1129, 113; 2007 Acts, ch 10, 151; 2012 Acts, ch 1019, 19; 2012 Acts, ch 1113, 1 
155.10 Continuing education.   Each person licensed as a nursing home administrator shall be required to complete continuing education as a condition of license renewal. Such continuing education requirements shall be determined by the board.  [C71, 73, 75, 147.127; C77, 79, 81, 135E.10]  C93, 155.10  2012 Acts, ch 1113, 6 
155.11 Reciprocity with other states.   The board may issue a nursing home administrators license, without examination, to any person who holds a current license as a nursing home administrator from another jurisdiction if reciprocal agreements are entered into with another jurisdiction under sections 147.44, 147.48, 147.49, and 147.53.  [C71, 73, 75, 147.128; C77, 79, 81, 135E.11]  C93, 155.11  2008 Acts, ch 1088, 109 
155.12 Conflict with federal law  effect.   If any provision of this chapter is in conflict with the requirements of section 1908 of the United States Social Security Act codified at 42 U.S.C. 1396g, relative to a state program for licensing of administrators of nursing homes, and except for such conflict the state would be entitled to receive contributions from the United States for payment of assistance under the program established pursuant to Tit. XIX of the United States Social Security Act, codified at 42 U.S.C. 1396  1396g, such provision of this chapter so in conflict with said statute of the United States shall be considered as suspended and of no effect until sixty days after the convening of the next regular session of the general assembly after such conflict is discovered.  [C71, 73, 75, 147.129; C77, 79, 81, 135E.12]  C93, 155.12  2010 Acts, ch 1061, 31 
155.13 Misdemeanor.   It shall be a serious misdemeanor for any person to act or serve in the capacity of a nursing home administrator unless the person is the holder of a license as a nursing home administrator issued in accordance with the provisions of this chapter.  [C71, 73, 75, 147.130; C77, 79, 81, 135E.13]  C93, 155.13 
155.14 Applications.   Applications for licensure and for license renewal shall be in the format prescribed by the board.  [C75, 147.131; C77, 79, 81, 135E.14]  C93, 155.14  2012 Acts, ch 1113, 7 
155.15 Fees. Repealed by 2012 Acts, ch 1113, 9. See 147.80. 
155.16 Public members. Repealed by 2012 Acts, ch 1113, 9. See 147.21(1). 
155.17 Disclosure of confidential information. Repealed by  2009 Acts, ch 56, 12  . 
155.18 Revocation or suspension. Repealed by  2009 Acts, ch 56, 12  . 
155.19 Voluntary surrender.   The board may accept the voluntary surrender of a license if accompanied by a written statement of intention. The voluntary surrender, when accepted, shall have the same force and effect as an order of revocation.  2012 Acts, ch 1113, 8 
155.2 Composition of board. Repealed by 2012 Acts, ch 1113, 9. See 147.12  147.14, 147.16, 147.19, 147.20. 
155.3 Qualifications for licensure.   The board shall have authority to issue licenses to qualified persons as nursing home administrators, and shall establish qualification criteria for such nursing home administrators. No license shall be issued to a person as a nursing home administrator unless:   1. The applicant is of sound mental health and physically able to perform the duties.   2. The applicant has presented evidence satisfactory to the board of sufficient education, training, or experience to administer, supervise, and manage a nursing home.   3. The applicant has passed an examination prescribed by the board pursuant to section 147.34.  [C71, 73, 75, 147.120; C77, 79, 81, 135E.3]  C93, 155.3  2012 Acts, ch 1113, 2 
155.4 Licensing function.   The board shall license nursing home administrators in accordance with this chapter, chapter 147, and rules issued by the board. A nursing home administrators license shall not be transferable and, if not inactive, shall be valid until revoked pursuant to section 147.55 or voluntarily surrendered.  [C71, 73, 75, 147.121; C77, 79, 81, 135E.4]  C93, 155.4  2003 Acts, ch 44, 114; 2012 Acts, ch 1113, 3 
155.5 License fees.   Each person licensed as a nursing home administrator shall be required to pay a license fee in an amount to be fixed by the board. The license shall expire in multiyear intervals determined by the board and be renewable upon payment of a renewal fee. A person who fails to renew a license by the expiration date shall be allowed to do so within thirty days following its expiration, but the board may assess a reasonable penalty.  [C71, 73, 75, 147.122; C77, 79, 81, 135E.5]  C93, 155.5  2012 Acts, ch 1113, 4 
155.6 Receipt of fees. Repealed by  2006 Acts, ch 1155, 13, 15  . 
155.7 Organization of board. Repealed by  2009 Acts, ch 56, 12  . 
155.8 Exclusive jurisdiction of board.   The board shall have authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a nursing home under the provisions of this chapter, and the holder of a license under the provisions of this chapter shall be deemed qualified to serve as the administrator of a nursing home.  [C71, 73, 75, 147.125; C77, 79, 81, 135E.8]  C93, 155.8 
155.9 Duties of the board  rules for provisional licenses.   In addition to the duties and responsibilities provided in chapters 147 and 272C, the board shall adopt rules for granting a provisional license to an administrator appointed on a temporary basis by a nursing homes owner or owners in the event the regular administrator of the nursing home is unable to perform the administrators duties or the nursing home is without a licensed administrator because of death or other cause. Such provisional license shall allow the provisional licensee to perform the duties of a nursing home administrator. An individual shall not hold a provisional license for more than twelve total combined months, and the board may revoke or otherwise discipline a provisional licensee for cause after due notice and a hearing on a charge or complaint filed with the board.  [C71, 73, 75, 147.126; C77, 79, 81, 135E.9]  C93, 155.9  2004 Acts, ch 1168, 10; 2012 Acts, ch 1113, 5 
155A.1 Short title.   This chapter may be cited as the Iowa Pharmacy Practice Act.  87 Acts, ch 215, 1 
155A.10 Display of pharmacist license.   A pharmacist shall publicly display the license to practice pharmacy and the license renewal certificate pursuant to rules adopted by the board.  87 Acts, ch 215, 10 
155A.11 Renewal of pharmacist license.   The board shall specify by rule the procedures to be followed and the fee to be paid for a renewal certificate, and penalties for late renewal or failure to renew a pharmacist license.  87 Acts, ch 215, 11 
155A.12 Pharmacist license  grounds for discipline.   The board shall refuse to issue a pharmacist license for failure to meet the requirements of section 155A.8. The board may refuse to issue or renew a license or may impose a fine, issue a reprimand, or revoke, restrict, cancel, or suspend a license, and may place a licensee on probation, if the board finds that the applicant or licensee has done any of the following:   1. Violated any provision of this chapter or any rules of the board adopted under this chapter.   2. Engaged in unethical conduct as that term is defined by rules of the board.   3. Violated any of the provisions for licensee discipline set forth in section 147.55.   4. Failed to keep and maintain records required by this chapter or failed to keep and maintain complete and accurate records of purchases and disposal of drugs listed in the controlled substances Act.   5. Violated any provision of the controlled substances Act or rules relating to that Act.   6. Aided or abetted an unlicensed individual to engage in the practice of pharmacy.   7. Refused an entry into any pharmacy for any inspection authorized by this chapter.   8. Violated the pharmacy or drug laws or rules of any other state of the United States while under the other states jurisdiction.   9. Been convicted of an offense or subjected to a penalty or fine for violation of chapter 124, 126, 147, or the Federal Food, Drug, and Cosmetic Act. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, is deemed to be a conviction within the meaning of this section.   10. Had a license to practice pharmacy issued by another state canceled, revoked, or suspended for conduct substantially equivalent to conduct described in subsections 1 through 9. A certified copy of the record of the state taking action as set out above shall be conclusive evidence of the action taken by such state.  87 Acts, ch 215, 12; 89 Acts, ch 197, 23  Referred to in 155A.16 
155A.13 Pharmacy license.   1. A person shall not establish, conduct, or maintain a pharmacy in this state without a license. The license shall be identified as a pharmacy license. A pharmacy license issued pursuant to subsection 4 may be further identified as a hospital pharmacy license.   2. The board shall specify by rule the licensing procedures to be followed, including specifications of forms for use in applying for a pharmacy license and fees for filing an application.   3. a. The board may issue a special or limited-use pharmacy license based upon special conditions of use imposed pursuant to rules adopted by the board for cases in which the board determines that certain requirements may be waived.   b. The board shall adopt rules for the issuance of a special or limited-use pharmacy license to a telepharmacy site. The rules shall address:   (1) Requirements for establishment and operation of a telepharmacy site, including but not limited to physical requirements and required policies and procedures.   (2) Requirements for being a managing pharmacy.   (3) Requirements governing operating agreements between telepharmacy sites and managing pharmacies.   (4) Training and experience required for certified pharmacy technicians working at a telepharmacy site.   (5) Requirements for a pharmacist providing services to and supervising a telepharmacy site.   (6) Any other health and safety concerns associated with a telepharmacy site.   c. The board shall not issue a special or limited-use pharmacy license to a proposed telepharmacy site if a licensed pharmacy that dispenses prescription drugs to outpatients is located within ten miles by the shortest driving distance of the proposed telepharmacy site unless the proposed telepharmacy site is located on property owned, operated, or leased by the state or unless the proposed telepharmacy site is located within a hospital campus and is limited to inpatient dispensing. The mileage requirement does not apply to a telepharmacy site that has been approved by the board and is operating as a telepharmacy prior to July 1, 2016.   d. An applicant seeking a special or limited-use pharmacy license for a proposed telepharmacy site that does not meet the mileage requirement established in paragraph c and is not statutorily exempt from the mileage requirement may apply to the board for a waiver of the mileage requirement. A waiver request shall only be granted if the applicant can demonstrate to the board that the proposed telepharmacy site is located in an area where there is limited access to pharmacy services and can establish the existence of compelling circumstances that justify waiving the mileage requirement. The boards decision to grant or deny a waiver request shall be a proposed decision subject to mandatory review by the director of public health. The director shall review a proposed decision and shall have the power to approve, modify, or veto a proposed decision. The directors decision on a waiver request shall be considered final agency action subject to judicial review under chapter 17A.   e. The board shall issue a special or limited-use pharmacy license to a telepharmacy site that meets the minimum requirements established by the board by rule.   4. a. The board shall adopt rules for the issuance of a hospital pharmacy license to a hospital which provides pharmacy services for its own use. The rules shall:   (1) Recognize the special needs and circumstances of hospital pharmacies.   (2) Give due consideration to the scope of pharmacy services that the hospitals medical staff and governing board elect to provide for the hospitals own use.   (3) Consider the size, location, personnel, and financial needs of the hospital.   (4) Give recognition to the standards of the joint commission on the accreditation of health care organizations and the American osteopathic association and to the conditions of participation under Medicare.   b. To the maximum extent possible, the board shall coordinate the rules with the standards and conditions described in paragraph a, subparagraph (4), and shall coordinate its inspections of hospital pharmacies with the Medicare surveys of the department of inspections and appeals and with the boards inspections with respect to controlled substances conducted under contract with the federal government.   c. A hospital which provides pharmacy services by contracting with a licensed pharmacy is not required to obtain a hospital pharmacy license or a general pharmacy license.   5. A hospital which elects to operate a pharmacy for other than its own use is subject to the requirements for a general pharmacy license. If the hospitals pharmacy services for other than its own use are special or limited, the board may issue a special or limited-use pharmacy license pursuant to subsection 3.   6. To qualify for a pharmacy license, the applicant shall submit to the board a license fee as determined by the board and a completed application on a form prescribed by the board. The application shall include the following and such other information as required by rules of the board and shall be given under oath:   a. Ownership.   b. Location.   c. The license number of each pharmacist employed by the pharmacy at the time of application.   d. The trade or corporate name of the pharmacy.   e. The name of the pharmacist in charge, who has the authority and responsibility for the pharmacys compliance with laws and rules pertaining to the practice of pharmacy.   7. A person who falsely makes the affidavit prescribed in subsection 6 is subject to all penalties prescribed for making a false affidavit.   8. A pharmacy license issued by the board under this chapter shall be issued in the name of the pharmacist in charge and is not transferable or assignable.   9. The board shall specify by rule minimum standards for professional responsibility in the conduct of a pharmacy.   10. A separate license is required for each principal place of practice.   11. The license of the pharmacy shall be displayed.  87 Acts, ch 215, 13; 98 Acts, ch 1100, 20; 2005 Acts, ch 179, 179; 2009 Acts, ch 41, 195; 2016 Acts, ch 1093, 3; 2016 Acts, ch 1138, 22  Referred to in 155A.15 
155A.13A Nonresident pharmacy license  required, renewal, discipline.   1. License required. A pharmacy located outside of this state that delivers, dispenses, or distributes by any method, prescription drugs or devices to an ultimate user in this state shall obtain a nonresident pharmacy license from the board. The board shall make available an application form for a nonresident pharmacy license and shall require such information it deems necessary to fulfill the purposes of this section. A nonresident pharmacy shall do all of the following in order to obtain a nonresident pharmacy license from the board:   a. Submit a completed application form and an application fee as determined by the board.   b. Submit evidence of possession of a valid pharmacy license, permit, or registration issued by the home state licensing authority.   c. (1) Submit an inspection report that satisfies all of the following requirements:   (a) Less than two years have passed since the date of inspection.   (b) The inspection occurred while the pharmacy was in operation. An inspection prior to the initial opening of the pharmacy shall not satisfy this requirement.   (c) The inspection report addresses all aspects of the pharmacys business that will be utilized in Iowa.   (d) The inspection was performed by or on behalf of the home state licensing authority, if available.   (e) The inspection report is the most recent report available that satisfies the requirements of this paragraph c.   (2) If the home state licensing authority has not conducted an inspection satisfying the requirements of this paragraph c, the pharmacy may submit an inspection report from the national association of boards of pharmacys verified pharmacy program, or the pharmacy may submit an inspection report from another qualified entity if preapproved by the board, if the inspection report satisfies all of the other requirements of this paragraph c.   (3) The board may recover from a nonresident pharmacy, prior to the issuance of a license or renewal, the costs associated with conducting an inspection by or on behalf of the board for purposes of satisfying the requirement in subparagraph (1), subparagraph division (d). In addition, the nonresident pharmacy shall submit evidence of corrective actions for all deficiencies noted in the inspection report and shall submit evidence of compliance with all legal directives of the home state regulatory or licensing authority.   d. Submit evidence that the nonresident pharmacy maintains records of the controlled substances delivered, dispensed, or distributed to ultimate users in this state.   e. Submit evidence that the nonresident pharmacy provides a toll-free telephone service, the telephone number of which is printed on the label affixed to each prescription dispensed or distributed in Iowa, that allows patients to speak with a pharmacist who has access to patient records at least six days per week for a total of at least forty hours.   2. Pharmacist license requirement. The pharmacist who is the pharmacist in charge of the nonresident pharmacy shall be designated as such on the nonresident pharmacy license application or renewal. Any change in the pharmacist in charge shall be reported to the board within ten days of the change. The pharmacist in charge must be registered, not licensed, according to rules established by the board of pharmacy.   3. License renewal. A nonresident pharmacy shall renew its license on or before January 1 annually. In order to renew a nonresident pharmacy license, a nonresident pharmacy shall submit a completed application and fee as determined by the board, and shall fulfill all of the requirements of subsection 1. A nonresident pharmacy shall pay an additional fee for late renewal as determined by the board.   4. License denial. The board shall refuse to issue a nonresident pharmacy license for failure to meet the requirements of subsection 1. The board may refuse to issue or renew a license for any grounds under which the board may impose discipline. License or renewal denials shall be considered contested cases governed by chapter 17A.   5. Discipline. The board may fine, suspend, revoke, or impose other disciplinary sanctions on a nonresident pharmacy license for any of the following:   a. Any violation of the federal Food, Drug, and Cosmetic Act or federal regulations promulgated under the Act. A warning letter issued by the United States food and drug administration shall be conclusive evidence of a violation.   b. Any conviction of a crime related to prescription drugs or the practice of pharmacy committed by the nonresident pharmacy, pharmacist in charge, or individual owner, or if the pharmacy is an association, joint stock company, partnership, or corporation, by any managing officer.   c. Refusing access to the pharmacy or pharmacy records to an agent of the board for the purpose of conducting an inspection or investigation.   d. Any violation of this chapter or chapter 124, 124B, 126, or 205, or rule of the board.  91 Acts, ch 233, 1; 94 Acts, ch 1009, 18; 2016 Acts, ch 1093, 4; 2017 Acts, ch 145, 20 
155A.13B Pharmacy internet sites. Repealed by 2017 Acts, ch 93, 5. 
155A.13C Outsourcing facility license  renewal, cancellation, denial, discipline.   1. License required. Any compounding facility that is registered as an outsourcing facility, as defined in 21 U.S.C. 353b, that distributes sterile compounded human drug products without a patient-specific prescription to an authorized agent or practitioner in this state shall obtain an outsourcing facility license from the board prior to engaging in such distribution. If an outsourcing facility dispenses prescription drugs pursuant to patient-specific prescriptions to patients in Iowa, the outsourcing facility shall obtain and maintain a valid Iowa pharmacy license or Iowa nonresident pharmacy license under this chapter. The board shall make available an application form for an outsourcing facility license and shall require such information it deems necessary to fulfill the purposes of this section. An outsourcing facility shall do all of the following in order to obtain an outsourcing facility license from the board:   a. Submit a completed application form and application fee as determined by the board.   b. Submit evidence of possession of a valid registration as an outsourcing facility with the United States food and drug administration.   c. If one or more inspections have been conducted by the United States food and drug administration in the five-year period immediately preceding the application, submit a copy of any correspondence from the United States food and drug administration as a result of the inspection, including but not limited to any form 483s, warning letters, or formal responses, and all correspondence from the applicant to the United States food and drug administration related to such inspections, including but not limited to formal responses and corrective action plans. In addition, the applicant shall submit evidence of correction of all deficiencies discovered in such inspections and evidence of compliance with all directives from the United States food and drug administration.   d. Submit evidence that the supervising pharmacist, as described in 21 U.S.C. 353b(a), holds a valid pharmacist license in the state in which the facility is located and that such license is in good standing.   e. Submit evidence of a satisfactory inspection conducted by the home state regulatory authority or an entity approved by the board in the two-year period immediately preceding the application which demonstrates compliance with current good manufacturing practices. In addition, the applicant shall submit evidence of correction of all deficiencies discovered in such inspections and evidence of compliance with all directives from the home state regulatory authority or entity approved by the board. The board may recover from an outsourcing facility, prior to the issuance of a license or license renewal, the costs associated with conducting an inspection by or on behalf of the board for purposes of satisfying the requirements of this paragraph.   2. License renewal. An outsourcing facility shall renew its license on or before January 1 annually. In order to renew an outsourcing facility license, an outsourcing facility shall submit a completed application and fee as determined by the board, and shall fulfill all of the requirements of subsection 1. An outsourcing facility shall pay an additional fee for late renewal as determined by the board.   3. License cancellation. If a facility ceases to be registered as an outsourcing facility with the United States food and drug administration, the facility shall notify the board in writing and shall surrender its Iowa outsourcing facility license to the board within thirty days of such occurrence. Upon receipt, the board shall administratively cancel the outsourcing facility license.   4. License denial. The board shall refuse to issue an outsourcing facility license for failure to meet the requirements of subsection 1. The board may refuse to issue or renew a license for any grounds under which the board may impose discipline. License or renewal denials shall be considered contested cases governed by chapter 17A.   5. Discipline. The board may fine, suspend, revoke, or impose other disciplinary sanctions on an outsourcing facility license for any of the following:   a. Any violation of the federal Food, Drug, and Cosmetic Act or federal regulations promulgated under the Act. A warning letter issued by the United States food and drug administration shall be conclusive evidence of a violation.   b. Any conviction of a crime related to prescription drugs or the practice of pharmacy committed by the outsourcing facility, supervising pharmacist, or individual owner, or if the outsourcing facility is an association, joint stock company, partnership, or corporation, by any managing officer.   c. Refusing access to the outsourcing facility or facility records to an agent of the board for the purpose of conducting an inspection or investigation.   d. Any violation of this chapter or chapter 124, 124B, 126, or 205, or rule of the board.  2016 Acts, ch 1093, 5; 2018 Acts, ch 1026, 57; 2021 Acts, ch 68, 6  Subsection 1, NEW paragraph e 
155A.14 Renewal of pharmacy license.   The board shall specify by rule the procedures to be followed and the fee to be paid for a renewal certificate, and the penalties for late renewal or failure to renew a pharmacy license.  87 Acts, ch 215, 14 
155A.15 Pharmacies  license required  discipline, violations, and penalties.   1. A pharmacy subject to section 155A.13 shall not be operated until a license or renewal certificate has been issued to the pharmacy by the board.   2. The board shall refuse to issue a pharmacy license for failure to meet the requirements of section 155A.13. The board may refuse to issue or renew a license or may impose a fine, issue a reprimand, or revoke, restrict, cancel, or suspend a license, and may place a licensee on probation, if the board finds that the applicant or licensee has done any of the following:   a. Been convicted of a felony or a misdemeanor involving moral turpitude, or if the applicant is an association, joint stock company, partnership, or corporation, that a managing officer has been convicted of a felony or a misdemeanor involving moral turpitude, under the law of this state, another state, or the United States.   b. Advertised any prescription drugs or devices in a deceitful, misleading, or fraudulent manner.   c. Violated any provision of this chapter or any rule adopted under this chapter or that any owner or employee of the pharmacy has violated any provision of this chapter or any rule adopted under this chapter.   d. Delivered without legal authorization prescription drugs or devices to a person other than one of the following:   (1) A pharmacy licensed by the board.   (2) A practitioner.   (3) A person who procures prescription drugs or devices for the purpose of lawful research, teaching, or testing, and not for resale.   (4) A manufacturer or wholesaler licensed by the board.   (5) A licensed health care facility which is furnished the drug or device by a pharmacy for storage in secured emergency pharmaceutical supplies containers maintained within the facility in accordance with rules of the department of inspections and appeals and rules of the board.   e. Allowed an employee who is not a licensed pharmacist to practice pharmacy.   f. Delivered mislabeled prescription or nonprescription drugs.   g. Failed to engage in or ceased to engage in the business described in the application for a license.   h. Failed to keep and maintain records as required by this chapter, the controlled substances Act, or rules adopted under the controlled substances Act.   i. Failed to establish effective controls against diversion of prescription drugs into other than legitimate medical, scientific, or industrial channels as provided by this chapter and other Iowa or federal laws or rules.  87 Acts, ch 215, 15; 91 Acts, ch 233, 2; 97 Acts, ch 39, 2; 2009 Acts, ch 133, 64  Referred to in 155A.16 
155A.16 Procedure.   Unless otherwise provided, any disciplinary action taken by the board under section 155A.12 or 155A.15 is governed by chapter 17A and the rules of practice and procedure before the board.  87 Acts, ch 215, 16 
155A.17 Wholesale distributor license.   1. A person shall not engage in wholesale distribution without a wholesale distributor license.   2. Wholesale distributors shall comply with the national standards contained in the federal Drug Supply Chain Security Act, 21 U.S.C. 360eee et seq., and national standards promulgated thereunder.   3. The board shall adopt rules establishing requirements for wholesale distributor licenses, licensure fees, and other relevant matters consistent with the federal Drug Supply Chain Security Act, 21 U.S.C. 360eee et seq.   4. The board may deny, suspend, or revoke a wholesale distributor license, or otherwise discipline a wholesale distributor, for failure to meet the applicable standards or for a violation of the laws of this state, another state, or the United States, or for a violation of this chapter, chapter 124, 124B, 126, or 205, or a rule of the board.  87 Acts, ch 215, 17; 91 Acts, ch 233, 3; 2005 Acts, ch 179, 180, 181; 2017 Acts, ch 145, 21; 2018 Acts, ch 1141, 13 
155A.17A Third-party logistics provider license.   1. A person shall not operate as a third-party logistics provider in this state without a third-party logistics provider license.   2. Third-party logistics providers shall comply with national standards contained in the federal Drug Supply Chain Security Act, 21 U.S.C. 360eee et seq., and national standards promulgated thereunder.   3. The board shall adopt rules establishing requirements for a third-party logistics provider license, licensure fees, and other relevant matters consistent with the federal Drug Supply Chain Security Act, 21 U.S.C. 360eee et seq.   4. The board may deny, suspend, or revoke a third-party logistics provider license, or otherwise discipline a third-party logistics provider, for failure to meet the applicable standards or for a violation of the laws of this state, another state, or the United States, or for a violation of this chapter, chapter 124, 124B, 126, or 205, or a rule of the board.  2018 Acts, ch 1141, 14 
155A.18 Penalties.   The board shall impose penalties as allowed under section 272C.3. In addition, civil penalties not to exceed twenty-five thousand dollars, may be imposed.  87 Acts, ch 215, 18 
155A.19 Notifications to board.   1. A pharmacy shall report in writing to the board, pursuant to its rules, the following:   a. Permanent closing.   b. Change of ownership.   c. Change of location.   d. Change of pharmacist in charge.   e. The sale or transfer of prescription drugs, including controlled substances, on the permanent closing or change of ownership of the pharmacy.   f. Change of legal name or doing-business-as name.   g. Theft or significant loss of any controlled substance on discovery of the theft or loss.   h. Disasters, accidents, and emergencies that may affect the strength, purity, or labeling of drugs, medications, devices, or other materials used in the diagnosis or the treatment of injury, illness, and disease.   2. A pharmacist shall report in writing to the board within ten days a change of name, address, or place of employment.   3. A wholesaler shall report in writing to the board, pursuant to its rules, the following:   a. Permanent closing or discontinuation of wholesale distributions into this state.   b. Change of ownership.   c. Change of location.   d. Change of the wholesalers responsible individual.   e. Change of legal name or doing-business-as name.   f. Theft or significant loss of any controlled substance on discovery of the theft or loss.   g. Disasters, accidents, and emergencies that may affect the strength, purity, or labeling of drugs, medications, devices, or other materials used in the diagnosis or the treatment of injury, illness, and disease.   h. Other information or activities as required by rule.  87 Acts, ch 215, 19; 91 Acts, ch 233, 4; 2005 Acts, ch 179, 182, 183 
155A.2 Legislative declaration  purpose  exceptions.   1. It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare through the effective regulation of the practice of pharmacy and the licensing of pharmacies, pharmacists, and others engaged in the sale, delivery, or distribution of prescription drugs and devices or other classes of drugs or devices which may be authorized.   2. Practitioners licensed under a separate chapter of the Code are not regulated by this chapter except when engaged in the operation of a pharmacy for the retailing of prescription drugs.   3. A family planning clinic is not regulated by this chapter when engaged in the dispensing of birth control drugs and devices pursuant to section 147.107, subsection 7.  87 Acts, ch 215, 2; 2009 Acts, ch 69, 2 
155A.20 Unlawful use of terms and titles  impersonation.   1. A person, other than a pharmacy or wholesaler licensed under this chapter, shall not display in or on any store, internet site, or place of business, nor use in any advertising or promotional literature, communication, or representation, the word or words: apothecary, drug, drug store, or pharmacy, either in English or any other language, any other word or combination of words of the same or similar meaning, or any graphic representation in a manner that would mislead the public.   2. A person shall not do any of the following:   a. Impersonate before the board an applicant applying for licensing under this chapter.   b. Impersonate an Iowa licensed pharmacist.   c. Use the title pharmacist, druggist, apothecary, or words of similar intent unless the person is licensed to practice pharmacy.   3. A pharmacist shall not utilize the title Dr. or Doctor if that pharmacist has not acquired the doctor of pharmacy degree from an approved college of pharmacy or the doctor of philosophy degree in an area related to pharmacy.  87 Acts, ch 215, 20; 2005 Acts, ch 179, 184 
155A.21 Unlawful possession of prescription drug or device  penalty.   1. A person found in possession of a drug or device limited to dispensation by prescription, unless the drug or device was so lawfully dispensed, commits a serious misdemeanor.   2. Subsection 1 does not apply to a licensed pharmacy, licensed wholesaler, physician, veterinarian, dentist, podiatric physician, optometrist, advanced registered nurse practitioner, physician assistant, a nurse acting under the direction of a physician, or the board of pharmacy, its officers, agents, inspectors, and representatives, or to a common carrier, manufacturers representative, or messenger when transporting the drug or device in the same unbroken package in which the drug or device was delivered to that person for transportation.  87 Acts, ch 215, 21; 95 Acts, ch 108, 14; 2005 Acts, ch 179, 185; 2007 Acts, ch 10, 154; 2012 Acts, ch 1004, 4 
155A.22 General penalty.   A person who violates any of the provisions of this chapter or any chapter pertaining to or affecting the practice of pharmacy for which a specific penalty is not provided commits a simple misdemeanor.  87 Acts, ch 215, 22 
155A.23 Prohibited acts.   1. A person shall not perform or cause the performance of or aid and abet any of the following acts:   a. Obtaining or attempting to obtain a prescription drug or device or procuring or attempting to procure the administration of a prescription drug or device by:   (1) Engaging in fraud, deceit, misrepresentation, or subterfuge.   (2) Forging or altering a written, electronic, or facsimile prescription or any written, electronic, or facsimile order.   (3) Concealing a material fact.   (4) Using a false name or giving a false address.   b. Willfully making a false statement in any prescription, report, or record required by this chapter.   c. For the purpose of obtaining a prescription drug or device, falsely assuming the title of or claiming to be a manufacturer, wholesaler, pharmacist, pharmacy owner, physician, dentist, podiatric physician, prescribing psychologist, veterinarian, or other authorized person.   d. Making or uttering any false or forged oral, written, electronic, or facsimile prescription or oral, written, electronic, or facsimile order.   e. Forging, counterfeiting, simulating, or falsely representing any drug or device without the authority of the manufacturer, or using any mark, stamp, tag, label, or other identification device without the authorization of the manufacturer.   f. Manufacturing, repackaging, selling, delivering, or holding or offering for sale any drug or device that is adulterated, misbranded, counterfeit, suspected of being counterfeit, or that has otherwise been rendered unfit for distribution.   g. Adulterating, misbranding, or counterfeiting any drug or device.   h. Receiving any drug or device that is adulterated, misbranded, stolen, obtained by fraud or deceit, counterfeit, or suspected of being counterfeit, and delivering or proffering delivery of such drug or device for pay or otherwise.   i. Adulterating, mutilating, destroying, obliterating, or removing the whole or any part of the labeling of a drug or device or committing any other act with respect to a drug or device that results in the drug or device being misbranded.   j. Purchasing or receiving a drug or device from a person who is not licensed to distribute the drug or device to that purchaser or recipient.   k. Selling or transferring a drug or device to a person who is not authorized under the law of the jurisdiction in which the person receives the drug or device to purchase or possess the drug or device from the person selling or transferring the drug or device.   l. Failing to maintain or provide records as required by this chapter, chapter 124, or rules of the board.   m. Providing the board or any of its representatives or any state or federal official with false or fraudulent records or making false or fraudulent statements regarding any matter within the scope of this chapter, chapter 124, or rules of the board.   n. Distributing at wholesale any drug or device that meets any of the following conditions:   (1) The drug or device was purchased by a public or private hospital or other health care entity.   (2) The drug or device was donated or supplied at a reduced price to a charitable organization.   (3) The drug or device was purchased from a person not licensed to distribute the drug or device.   (4) The drug or device was stolen or obtained by fraud or deceit.   o. Failing to obtain a license or operating without a valid license when a license is required pursuant to this chapter or chapter 147.   p. Engaging in misrepresentation or fraud in the distribution of a drug or device.   q. Distributing a drug or device to a patient without a prescription drug order or medication order from a practitioner licensed by law to use or prescribe the drug or device.   r. Distributing a drug or device that was previously dispensed by a pharmacy or distributed by a practitioner except as provided by rules of the board.   s. Failing to report any prohibited act.   2. Information communicated to a physician in an unlawful effort to procure a prescription drug or device or to procure the administration of a prescription drug shall not be deemed a privileged communication.   3. Subsection 1, paragraphs f and g, shall not apply to the wholesale distribution by a manufacturer of a prescription drug or device that has been delivered into commerce pursuant to an application approved by the federal food and drug administration.  87 Acts, ch 215, 23; 95 Acts, ch 108, 15; 2004 Acts, ch 1036, 13, 14; 2005 Acts, ch 179, 186; 2009 Acts, ch 41, 196; 2016 Acts, ch 1112, 14  Referred to in 155A.24 
155A.24 Penalties.   1. Except as otherwise provided in this section, a person who violates a provision of section 155A.23 or who sells or offers for sale, gives away, or administers to another person any prescription drug or device in violation of this chapter commits a public offense and shall be punished as follows:   a. If the prescription drug is a controlled substance, the person shall be punished pursuant to section 124.401, subsection 1, and other provisions of chapter 124, subchapter IV.   b. If the prescription drug is not a controlled substance, the person, upon conviction of a first offense, is guilty of a serious misdemeanor. For a second offense, or if in case of a first offense the offender previously has been convicted of any violation of the laws of the United States or of any state, territory, or district thereof relating to prescription drugs or devices, the offender is guilty of an aggravated misdemeanor. For a third or subsequent offense or if in the case of a second offense the offender previously has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district thereof relating to prescription drugs or devices, the offender is guilty of a class D felony.   2. A person who violates any provision of this chapter by selling, giving away, or administering any prescription drug or device to a minor is guilty of a class C felony.   3. A wholesaler who, with intent to defraud or deceive, fails to deliver to another person, when required by rules of the board, complete and accurate pedigree concerning a drug prior to transferring the drug to another person is guilty of a class C felony.   4. A wholesaler who, with intent to defraud or deceive, fails to acquire, when required by rules of the board, complete and accurate pedigree concerning a drug prior to obtaining the drug from another person is guilty of a class C felony.   5. A wholesaler who knowingly destroys, alters, conceals, or fails to maintain, as required by rules of the board, complete and accurate pedigree concerning any drug in the persons possession is guilty of a class C felony.   6. A wholesaler who is in possession of pedigree documents required by rules of the board, and who knowingly fails to authenticate the matters contained in the documents as required, and who nevertheless distributes or attempts to further distribute drugs is guilty of a class C felony.   7. A wholesaler who, with intent to defraud or deceive, falsely swears or certifies that the person has authenticated any documents related to the wholesale distribution of drugs or devices is guilty of a class C felony.   8. A wholesaler who knowingly forges, counterfeits, or falsely creates any pedigree, who falsely represents any factual matter contained in any pedigree, or who knowingly fails to record material information required to be recorded in a pedigree is guilty of a class C felony.   9. A wholesaler who knowingly purchases or receives drugs or devices from a person not authorized to distribute drugs or devices in wholesale distribution is guilty of a class C felony.   10. A wholesaler who knowingly sells, barters, brokers, or transfers a drug or device to a person not authorized to purchase the drug or device under the jurisdiction in which the person receives the drug or device in a wholesale distribution is guilty of a class C felony.   11. A person who knowingly manufacturers, sells, or delivers, or who possesses with intent to sell or deliver, a counterfeit, misbranded, or adulterated drug or device is guilty of the following:   a. If the person manufactures or produces a counterfeit, misbranded, or adulterated drug or device; or if the quantity of a counterfeit, misbranded, or adulterated drug or device being sold, delivered, or possessed with intent to sell or deliver exceeds one thousand units or dosages; or if the violation is a third or subsequent violation of this subsection, the person is guilty of a class C felony.   b. If the quantity of a counterfeit, misbranded, or adulterated drug or device being sold, delivered, or possessed with intent to sell or deliver exceeds one hundred units or dosages but does not exceed one thousand units or dosages; or if the violation is a second or subsequent violation of this subsection, the person is guilty of a class D felony.   c. All other violations of this subsection shall constitute an aggravated misdemeanor.   12. A person who knowingly forges, counterfeits, or falsely creates any label for a drug or device or who falsely represents any factual matter contained on any label of a drug or device is guilty of a class C felony.   13. A person who knowingly possesses, purchases, or brings into the state a counterfeit, misbranded, or adulterated drug or device is guilty of the following:   a. If the quantity of a counterfeit, misbranded, or adulterated drug or device being possessed, purchased, or brought into the state exceeds one hundred units or dosages; or if the violation is a second or subsequent violation of this subsection, the person is guilty of a class D felony.   b. All other violations of this subsection shall constitute an aggravated misdemeanor.   14. This section does not prevent a licensed practitioner of medicine, dentistry, podiatry, nursing, psychology, veterinary medicine, optometry, or pharmacy from acts necessary in the ethical and legal performance of the practitioners profession.   15. Subsections 1 and 2 shall not apply to a parent or legal guardian administering, in good faith, a prescription drug or device to a child of the parent or a child for whom the individual is designated a legal guardian.  87 Acts, ch 215, 24; 2005 Acts, ch 179, 187; 2007 Acts, ch 22, 42; 2008 Acts, ch 1016, 4; 2016 Acts, ch 1112, 15 
155A.25 Burden of proof.   In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provisions of this chapter, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this chapter, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.  87 Acts, ch 215, 25 
155A.26 Enforcement  agents as peace officers.   The board, its officers, agents, inspectors, and representatives, and all peace officers within the state, and all county attorneys shall enforce all provisions of this chapter, except those specifically delegated, and shall cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to prescription drugs. Officers, agents, inspectors, and representatives of the board shall have the powers and status of peace officers when enforcing the provisions of this chapter and chapters 124, 126, and 205. Officers, agents, inspectors, and representatives of the board of pharmacy may:   1. Administer oaths, acknowledge signatures, and take testimony.   2. Make audits of the supply and inventory of controlled substances and prescription drugs in the possession of any and all individuals or institutions authorized to have possession of any controlled substances or prescription drugs, regardless of the location of the individual or institution.   3. Conduct routine and unannounced inspections of pharmacies, drug wholesalers, and the offices or business locations of all individuals and institutions authorized to have possession of prescription drugs including controlled substances or prescription devices, regardless of the location of the office or business.   4. Conduct inspections and investigations related to the practice of pharmacy and the distribution of prescription drugs and devices in and into this state.   5. Seize controlled or counterfeit substances or articles used in the manufacture or sale of controlled or counterfeit substances which they have reasonable grounds to believe are held in violation of law.   6. Seize prescription medications which they believe are held in violation of law.   7. Perform other duties as specifically authorized or mandated by law or rule.  87 Acts, ch 215, 26; 2007 Acts, ch 10, 155; 2008 Acts, ch 1088, 77; 2016 Acts, ch 1093, 6 
155A.27 Requirements for prescription.   1. Except when dispensed directly by a prescriber to an ultimate user, a prescription drug shall not be dispensed without a prescription that is authorized by a prescriber and based on a valid patient-prescriber relationship.   2. a. Beginning January 1, 2020, every prescription issued for a prescription drug shall be transmitted electronically as an electronic prescription to a pharmacy by a prescriber or the prescribers authorized agent unless exempt under paragraph b.   b. Paragraph a shall not apply to any of the following:   (1) A prescription for a patient residing in a nursing home, long-term care facility, correctional facility, or jail.   (2) A prescription authorized by a licensed veterinarian.   (3) A prescription for a device.   (4) A prescription dispensed by a department of veterans affairs pharmacy.   (5) A prescription requiring information that makes electronic transmission impractical, such as complicated or lengthy directions for use or attachments.   (6) A prescription for a compounded preparation containing two or more components.   (7) A prescription issued in response to a public health emergency in a situation where a non-patient specific prescription would be permitted.   (8) A prescription issued for an opioid antagonist pursuant to section 135.190 or a prescription issued for epinephrine pursuant to section 135.185.   (9) A prescription issued during a temporary technical or electronic failure at the location of the prescriber or pharmacy, provided that a prescription issued pursuant to this subparagraph shall indicate on the prescription that the prescriber or pharmacy is experiencing a temporary technical or electronic failure.   (10) A prescription issued pursuant to an established and valid collaborative practice agreement, standing order, or drug research protocol.   (11) A prescription issued in an emergency situation pursuant to federal law and regulation and rules of the board.   c. A practitioner, as defined in section 124.101, subsection 27, paragraph a, who violates paragraph a is subject to an administrative penalty of two hundred fifty dollars per violation, up to a maximum of five thousand dollars per calendar year. The assessment of an administrative penalty pursuant to this paragraph by the appropriate licensing board of the practitioner alleged to have violated paragraph a shall not be considered a disciplinary action or reported as discipline. A practitioner may appeal the assessment of an administrative penalty pursuant to this paragraph, which shall initiate a contested case proceeding under chapter 17A. A penalty collected pursuant to this paragraph shall be deposited into the drug information program fund established pursuant to section 124.557. The board shall be notified of any administrative penalties assessed by the appropriate professional licensing board and deposited into the drug information program fund under this paragraph.   d. A pharmacist who receives a written, oral, or facsimile prescription shall not be required to verify that the prescription is subject to an exception under paragraph b and may dispense a prescription drug pursuant to an otherwise valid written, oral, or facsimile prescription. However, a pharmacist shall exercise professional judgment in identifying and reporting suspected violations of this section to the board or the appropriate professional licensing board of the prescriber.   3. For prescriptions issued prior to January 1, 2020, or for prescriptions exempt from the electronic prescription requirement in subsection 2, paragraph b, a prescriber or the prescribers authorized agent may transmit a prescription for a prescription drug to a pharmacy by any of the following means:   a. Electronically.   b. By facsimile.   c. Orally.   d. By providing an original signed prescription to a patient or a patients authorized representative.   4. A prescription shall be issued in compliance with this subsection. Regardless of the means of transmission, a prescriber shall provide verbal verification of a prescription upon request of the pharmacy.   a. If written, electronic, or facsimile, each prescription shall contain all of the following:   (1) The date of issue.   (2) The name and address of the patient for whom, or the owner of the animal for which, the drug is dispensed.   (3) The name, strength, and quantity of the drug prescribed.   (4) The directions for use of the drug, medicine, or device prescribed.   (5) The name, address, and written or electronic signature of the prescriber issuing the prescription.   (6) The federal drug enforcement administration number, if required under chapter 124.   b. If electronic, each prescription shall comply with all of the following:   (1) The prescriber shall ensure that the electronic system used to transmit the electronic prescription has adequate security and safeguards designed to prevent and detect unauthorized access, modification, or manipulation of the prescription.   (2) Notwithstanding paragraph a, subparagraph (5), for prescriptions that are not controlled substances, if transmitted by an authorized agent, the electronic prescription shall not require the written or electronic signature of the prescriber issuing the prescription.   c. If facsimile, in addition to the requirements of paragraph a, each prescription shall contain all of the following:   (1) The identification number of the facsimile machine which is used to transmit the prescription.   (2) The date and time of transmission of the prescription.   (3) The name, address, telephone number, and facsimile number of the pharmacy to which the prescription is being transmitted.   d. If oral, the prescriber issuing the prescription shall furnish the same information required for a written prescription, except for the written signature and address of the prescriber. Upon receipt of an oral prescription, the recipient shall promptly reduce the oral prescription to a written format by recording the information required in a written prescription.   e. A prescription transmitted by electronic, facsimile, or oral means by a prescribers agent shall also include the name and title of the prescribers agent completing the transmission.   5. An electronic, facsimile, or oral prescription shall serve as the original signed prescription and the prescriber shall not provide a patient, a patients authorized representative, or the dispensing pharmacist with a signed written prescription. Prescription records shall be retained pursuant to rules of the board.   6. This section shall not prohibit a pharmacist, in exercising the pharmacists professional judgment, from dispensing, at one time, additional quantities of a prescription drug, with the exception of a prescription drug that is a controlled substance as defined in section 124.101, up to the total number of dosage units authorized by the prescriber on the original prescription and any refills of the prescription, not to exceed a ninety-day supply of the prescription drug as specified on the prescription.   7. A prescriber, medical group, institution, or pharmacy that is unable to timely comply with the electronic prescribing requirements in subsection 2, paragraph a, may petition the board for an exemption from the requirements based upon economic hardship, technical limitations that the prescriber, medical group, institution, or pharmacy cannot control, or other exceptional circumstances. The board shall adopt rules establishing the form and specific information to be included in a request for an exemption and the specific criteria to be considered by the board in determining whether to approve a request for an exemption. The board may approve an exemption for a period of time determined by the board, not to exceed one year from the date of approval, and may be annually renewed subject to board approval upon request.  87 Acts, ch 215, 27; 97 Acts, ch 39, 3, 4; 2004 Acts, ch 1036, 15, 16; 2009 Acts, ch 69, 5; 2016 Acts, ch 1060, 1; 2017 Acts, ch 145, 29; 2018 Acts, ch 1138, 11; 2019 Acts, ch 59, 53  Referred to in 124.308, 126.11, 147.107, 155A.29 
155A.28 Label of prescription drugs  interchangeable biological product list.   1. The label of any drug, biological product, or device sold and dispensed on the prescription of a practitioner shall be in compliance with rules adopted by the board.   2. The board shall maintain a link on its internet site to the current list of all biological products that the United States food and drug administration has determined to be interchangeable biological products.  87 Acts, ch 215, 28; 2017 Acts, ch 5, 2 
155A.29 Prescription refills.   1. Except as specified in subsection 2, a prescription for any prescription drug or device which is not a controlled substance shall not be filled or refilled more than eighteen months after the date on which the prescription was issued and a prescription which is authorized to be refilled shall not be refilled more than twelve times.   2. A pharmacist may exercise professional judgment by refilling a prescription without prescriber authorization if all of the following are true:   a. The pharmacist is unable to contact the prescriber after reasonable effort.   b. Failure to refill the prescription might result in an interruption of therapeutic regimen or create patient suffering.   c. The pharmacist informs the patient or the patients representative at the time of dispensing, and the practitioner at the earliest convenience that prescriber reauthorization is required.   3. Prescriptions may be refilled once pursuant to subsection 2 for a period of time reasonably necessary for the pharmacist to secure prescriber authorization.   4. An authorization to refill a prescription drug order shall be transmitted to a pharmacy by a prescriber or the prescribers authorized agent pursuant to section 155A.27, except that prescription drug orders for controlled substances shall be transmitted pursuant to section 124.308, and, if not transmitted directly by the practitioner, shall also include the name and title of the practitioners agent completing the transmission.  87 Acts, ch 215, 29; 2007 Acts, ch 19, 5; 2009 Acts, ch 69, 6; 2018 Acts, ch 1138, 12 
155A.2A Board of pharmacy  alternate members.   Notwithstanding sections 17A.11, 69.16, 69.16A, 147.12, 147.14, and 147.19, the board may have a pool of up to seven alternate members, including members licensed to practice under this chapter and members not licensed to practice under this chapter, to substitute for board members who are disqualified or become unavailable for any reason for contested case hearings.   1. The board may recommend, subject to approval by the governor, up to seven people to serve in a pool of alternate members.   2. A person serves in the pool of alternate members at the discretion of the board; however, the length of time an alternate member may serve in the pool shall not exceed nine years. A person who serves as an alternate member may later be appointed to the board and may serve nine years, in accordance with sections 147.12 and 147.19. A former board member may serve in the pool of alternate members.   3. An alternate member licensed under this chapter shall hold an active license and shall have been actively engaged in the practice of pharmacy in the preceding three years, with the two most recent years of practice being in Iowa.   4. When a sufficient number of board members are unavailable to hear a contested case, the board may request alternate members to serve.   5. Notwithstanding section 17A.11, section 147.14, subsection 2, and section 272C.6, subsection 5:   a. An alternate member is deemed a member of the board only for the hearing panel for which the alternate member serves.   b. A hearing panel containing alternate members must include at least five people.   c. The majority of a hearing panel containing alternate members shall be members of the board.   d. The majority of a hearing panel containing alternate members shall be licensed to practice under this chapter.   e. A decision of a hearing panel containing alternate members is considered a final decision of the board.   f. An alternate member shall not receive compensation in excess of that authorized by law for a board member.  2017 Acts, ch 93, 1 
155A.3 Definitions.   As used in this chapter, unless the context otherwise requires:   1. Administer means the direct application of a prescription drug, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by one of the following:   a. A practitioner or the practitioners authorized agent.   b. The patient or research subject at the direction of a practitioner.   2. Authorized agent means an individual designated by a practitioner who is under the supervision of the practitioner and for whom the practitioner assumes legal responsibility.   3. Biological product means the same as defined in 42 U.S.C. 262.   4. Board means the board of pharmacy.   5. Brand name or trade name means the registered trademark name given to a drug product or ingredient by its manufacturer, labeler, or distributor.   6. College of pharmacy means a school, university, or college of pharmacy that satisfies the accreditation standards of the accreditation council for pharmacy education to the extent those standards are adopted by the board, or that has degree requirements which meet the standards of accreditation adopted by the board.   7. Controlled substance means a drug substance, immediate precursor, or other substance listed in subchapter II of chapter 124.   8. Controlled substances Act means chapter 124.   9. Deliver or delivery means the actual, constructive, or attempted transfer of a prescription drug or device or controlled substance from one person to another, whether or not for a consideration.   10. Demonstrated bioavailability means the rate and extent of absorption of a drug or drug ingredient from a specified dosage form, as reflected by the time-concentration curve of the drug or drug ingredient in the systemic circulation.   11. Device means a medical device, as classified by the United States food and drug administration, intended for use by a patient that is required by the United States food and drug administration to be ordered or prescribed for a patient by a practitioner.   12. Dispense means to deliver a prescription drug, device, or controlled substance to an ultimate user or research subject by or pursuant to the lawful prescription drug order or medication order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.   13. Distribute means the delivery of a prescription drug or device.   14. Drug product selection means the act of selecting the source of supply of a drug product.   15. Drug sample means a drug that is distributed without consideration to a pharmacist or practitioner.   16. Electronic order or electronic prescription means an order or prescription which is transmitted by a computer device in a secure manner, including computer-to-computer transmission and computer-to-facsimile transmission.   17. Electronic signature means a confidential personalized digital key, code, or number used for secure electronic transmissions which identifies and authenticates the signatory.   18. Facsimile order or facsimile prescription means an order or prescription which is transmitted by a device which sends an exact image to the receiver.   19. Generic name means the official title of a drug or drug ingredient published in the current official United States Pharmacopoeia and National Formulary, official Homeopathic Pharmacopoeia, or other drug compendium published by the United States pharmacopoeial convention or any supplement to any of them.   20. Interchangeable biological product means either of the following:   a. A biological product that the United States food and drug administration has licensed and has determined meets the standards for interchangeability pursuant to 42 U.S.C. 262(k)(4).   b. A biological product that the United States food and drug administration has determined to be therapeutically equivalent to another biological product as set forth in the latest edition or supplement of the United States food and drug administration approved drug products with therapeutic equivalence evaluations publication.   21. Internship means a practical experience program approved by the board for persons training to become pharmacists.   22. Label means written, printed, or graphic matter on the immediate container of a drug or device.   23. Labeling means the process of preparing and affixing a label including information required by federal or state law or regulation to a drug or device container. The term does not include the labeling by a manufacturer, packer, or distributor of a nonprescription drug or commercially packaged prescription drug or device or unit dose packaging.   24. Limited distributor means a person operating or maintaining a location, regardless of the location, where prescription drugs or devices are distributed at wholesale or to a patient pursuant to a prescription drug order, who is not eligible for a wholesale distributor license or pharmacy license.   25. Managing pharmacy means a licensed pharmacy that oversees the activities of a telepharmacy site.   26. Manufacturer means manufacturer as defined by the federal Drug Supply Chain Security Act, 21 U.S.C. 360eee et seq.   27. Medical convenience kit means a collection of devices, which may include a product or biological product, assembled in kit form strictly for the convenience of the purchaser or ultimate user.   28. Medical gas means a gas or liquid oxygen intended for human consumption.   29. Medication order means a written order from a practitioner or an oral order from a practitioner or the practitioners authorized agent for administration of a drug or device.   30. Pedigree means a recording of each distribution of any given drug or device, from the sale by the manufacturer through acquisition and sale by any wholesaler, pursuant to rules adopted by the board.   31. Pharmacist means a person licensed by the board to practice pharmacy.   32. Pharmacist in charge means the pharmacist designated on a pharmacy license as the pharmacist who has the authority and responsibility for the pharmacys compliance with laws and rules pertaining to the practice of pharmacy.   33. Pharmacist-intern means an undergraduate student enrolled in the professional sequence of a college of pharmacy approved by the board, or a graduate of a college of pharmacy, who is participating in a board-approved internship under the supervision of a preceptor.   34. Pharmacy means a location where prescription drugs are compounded, dispensed, or sold by a pharmacist and where prescription drug orders are received or processed in accordance with the pharmacy laws.   35. Pharmacy license means a license issued to a pharmacy or other place where prescription drugs or devices are dispensed to the general public pursuant to a prescription drug order.   36. Pharmacy support person means a person, other than a licensed pharmacist, a registered pharmacist-intern, or a registered pharmacy technician, who may perform nontechnical duties assigned by a supervising pharmacist under the pharmacists responsibility and supervision.   37. Pharmacy technician means a person registered by the board who is in a technician training program or who is employed by a pharmacy under the responsibility of a licensed pharmacist to assist in the technical functions of the practice of pharmacy.   38. Practice of pharmacy is a dynamic patient-oriented health service profession that applies a scientific body of knowledge to improve and promote patient health by means of appropriate drug use and related drug therapy.   39. Practitioner means a physician, dentist, podiatric physician, prescribing psychologist, veterinarian, optometrist, physician assistant, advanced registered nurse practitioner, or other person licensed or registered to prescribe, distribute, or dispense a prescription drug or device in the course of professional practice in this state or a person licensed by another state in a health field in which, under Iowa law, licensees in this state may legally prescribe drugs.   40. Preceptor means a pharmacist in good standing licensed in this state to practice pharmacy and approved by the board to supervise and be responsible for the activities and functions of a pharmacist-intern in the internship program.   41. Prescription drug or drug means a drug, as classified by the United States food and drug administration, that is required by the United States food and drug administration to be prescribed or administered to a patient by a practitioner prior to dispensation.   42. Prescription drug order means a written, electronic, or facsimile order from a practitioner or an oral order from a practitioner or the practitioners authorized agent who communicates the practitioners instructions for a prescription drug or device to be dispensed.   43. Product means the same as defined in 21 U.S.C. 360eee.   44. Proprietary medicine or over-the-counter medicine means a nonnarcotic drug or device that may be sold without a prescription and that is labeled and packaged in compliance with applicable state or federal law.   45. Repackager means a person who owns or operates an establishment that repackages or relabels a product or package for further sale or for distribution without a further transaction.   46. Statewide protocol means a framework developed and issued by the board that specifies the conditions under which pharmacists are authorized to order and administer a medication or category of medications when providing a clinical service.   47. Technician product verification means the process by which a certified pharmacy technician provides the final product verification for prescription drugs or devices filled or prepared by a registered pharmacy technician, pharmacist-intern, or with an automated dispensing system.   48. Telepharmacy means the practice of pharmacy via telecommunications as provided by the board by rule.   49. Telepharmacy site means a licensed pharmacy that is operated by a managing pharmacy and staffed by one or more qualified certified pharmacy technicians where pharmaceutical care services, including the storage and dispensing of prescription drugs, drug regimen review, and patient counseling, are provided by a licensed pharmacist through the use of technology.   50. Third-party logistics provider means an entity that provides or coordinates warehousing or other logistics services of a product in interstate commerce on behalf of a manufacturer, wholesale distributor, or dispenser of a product, but does not take ownership of the product nor have responsibility to direct the sale or other disposition of the product.   51. Ultimate user means a person who has lawfully obtained and possesses a prescription drug or device for the persons own use or for the use of a member of the persons household or for administering to an animal owned by the person or by a member of the persons household.   52. Unit dose packaging means the packaging of individual doses of a drug in containers which preserve the identity and integrity of the drug from the point of packaging to administration and which are properly labeled pursuant to rules of the board.   53. Wholesale distribution means the distribution of a drug to a person other than a consumer or patient, or the receipt of a drug by a person other than a consumer or patient, but does not include any of the following:   a. Intracompany distribution of any drug between members of an affiliate, as defined in 21 U.S.C. 360eee, or within a manufacturer.   b. The distribution of a drug, or an offer to distribute a drug among hospitals or other health care entities under common control.   c. The distribution of a drug or an offer to distribute a drug for emergency medical reasons, including a public health emergency declaration as defined in 42 U.S.C. 247d, except that for purposes of this paragraph a drug shortage not caused by a public health emergency shall not constitute an emergency medical reason.   d. The dispensing of a drug pursuant to a prescription drug order.   e. The distribution of minimal quantities of a drug by a pharmacy to a practitioner for office use.   f. The distribution of a drug or an offer to distribute a drug by a charitable organization to an affiliate, as defined in 21 U.S.C. 360eee, of the organization that is a nonprofit, to the extent otherwise permitted by law.   g. The purchase or other acquisition of a drug by a dispenser, as defined in 21 U.S.C. 360eee, hospital, or other health care entity for use by such dispenser, hospital, or other health care entity.   h. The distribution of a drug by the manufacturer of such drug.   i. The receipt or transfer of a drug by a third-party logistics provider, provided that such third-party logistics provider does not take ownership of the drug.   j. A common carrier that transports a drug, provided that the common carrier does not take ownership of the drug.   k. The distribution of a drug or an offer to distribute a drug by a repackager that has taken ownership or possession of the drug and repackages it.   l. The return of a saleable product when conducted by a dispenser.   m. The distribution of a medical convenience kit under any of the following circumstances:   (1) The medical convenience kit is assembled in an establishment registered with the United States food and drug administration as a device manufacturer.   (2) The medical convenience kit does not contain a controlled substance.   (3) In the case of a medical convenience kit that includes a product, the person that manufacturers the kit does all of the following:   (a) Purchases the product directly from a pharmaceutical manufacturer or from a wholesale distributor that purchased the product directly from the pharmaceutical manufacturer.   (b) Does not alter the primary container or label of the product as purchased from the manufacturer or wholesale distributor.   (4) In the case of a medical convenience kit that includes a product, the product is any of the following:   (a) An intravenous solution intended for the replenishment of fluids and electrolytes.   (b) Intended to maintain the equilibrium of water and minerals in the body.   (c) Intended for irrigation or reconstitution.   (d) An anesthetic.   (e) An anticoagulant.   (f) A vasopressor.   (g) A sympathomimetic.   n. The distribution of an intravenous drug that by its formulation is intended for the replenishment of fluids and electrolytes such as sodium, chloride, and potassium, or calories such as dextrose and amino acids.   o. The distribution of an intravenous drug used to maintain the equilibrium of water and minerals in the body such as a dialysis solution.   p. The distribution of a drug intended for irrigation or sterile water intended for irrigation or for injection.   q. The distribution of a medical gas.   r. The facilitation of the distribution of a product by providing administrative services, including the processing of orders and payments.   s. The transfer of a product by a hospital or other health care entity, or by a wholesale distributor or manufacturer operating at the direction of the hospital or other health care entity, to a repackager for the purpose of repackaging the product for use by that hospital or other health care entity under common control, if the ownership of the product remains with the hospital or other health care entity at all times.   54. Wholesale distributor means a person, other than a manufacturer, a manufacturers co-licensed partner, a third-party logistics provider, or repackager, engaged in the wholesale distribution of a drug.  87 Acts, ch 215, 3; 88 Acts, ch 1232, 2; 95 Acts, ch 108, 13; 96 Acts, ch 1070, 1; 2002 Acts, ch 1108, 24; 2004 Acts, ch 1036, 11, 12; 2004 Acts, ch 1167, 9; 2005 Acts, ch 179, 172  177; 2007 Acts, ch 10, 153; 2007 Acts, ch 19, 1, 2; 2008 Acts, ch 1016, 2; 2016 Acts, ch 1093, 2; 2016 Acts, ch 1112, 13; 2017 Acts, ch 5, 1; 2017 Acts, ch 93, 2; 2018 Acts, ch 1141, 2  9; 2018 Acts, ch 1142, 2; 2021 Acts, ch 68, 2, 3  Referred to in 124.308, 124B.1, 124B.6, 135M.2, 147.107, 155A.47, 321J.2, 423.3, 462A.14, 510B.1, 510B.10, 514L.1, 716A.3  NEW subsection 36 and former subsections 36  44 renumbered as 37  45  Former subsection 46 stricken and former subsection 45 renumbered as 46 
155A.30 Out-of-state prescription orders.   Prescription drug orders issued by out-of-state practitioners who would be authorized to prescribe if they were practicing in Iowa may be filled by licensed pharmacists operating in licensed Iowa pharmacies.  87 Acts, ch 215, 30 
155A.31 Reference library.   A licensed pharmacy in this state shall maintain a reference library pursuant to rules of the board.  87 Acts, ch 215, 31 
155A.32 Drug product selection  restrictions.   1. a. If an authorized prescriber prescribes, in writing, electronically, by facsimile, or orally, a drug by its brand or trade name, the pharmacist may exercise professional judgment in the economic interest of the patient by selecting a drug product with the same generic name and demonstrated bioavailability as the drug product prescribed for dispensing and sale to the patient. If the cost of the prescription or any part of it will be paid by expenditure of public funds authorized under chapter 249A, the pharmacist shall exercise professional judgment by selecting a drug product with the same generic name and demonstrated bioavailability as the drug product prescribed for dispensing and sale.   b. If an authorized prescriber prescribes a biological product, the pharmacist may exercise professional judgment in the economic interest of the patient by selecting a biological product that is an interchangeable biological product for the biological product prescribed for dispensing and sale to the patient. If the cost of the prescription or any part of it will be paid by expenditure of public funds authorized under chapter 249A, the pharmacist shall exercise professional judgment by selecting a biological product that is an interchangeable biological product for the biological product prescribed for dispensing and sale.   2. The pharmacist shall not exercise the drug or biological product selection described in this section if any of the following is true:   a. The prescriber specifically indicates that no drug or biological product selection shall be made.   b. The person presenting the prescription indicates that only the specific drug product prescribed should be dispensed. However, this paragraph does not apply if the cost of the prescription or any part of it will be paid by expenditure of public funds authorized under chapter 249A.   3. If selection of a generically equivalent drug product or an interchangeable biological product is made under this section, the pharmacist making the selection shall inform the patient and note that fact and the name of the manufacturer of the selected drug on the prescription presented by the patient or the patients adult representative or transmitted by the prescriber or the prescribers authorized agent.   4. a. Within five business days following the dispensing of a biological product, the dispensing pharmacist or the pharmacists designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The entry shall be electronically accessible to the prescriber through one of the following means:   (1) An interoperable electronic medical records system.   (2) An electronic prescribing technology.   (3) A pharmacy benefit management system.   (4) A pharmacy record.   b. An entry into an electronic records system as described in this subsection is presumed to provide notice to the prescriber. If the entry is not made electronically, the pharmacist shall communicate the name and manufacturer of the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means.   c. Communication under this subsection shall not be required in either of the following circumstances:   (1) There is no federal food and drug administration-approved interchangeable biological product for the product prescribed.   (2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription.  87 Acts, ch 215, 32; 2004 Acts, ch 1036, 17; 2017 Acts, ch 5, 3  Referred to in 514F.7 
155A.33 Delegation of functions.   A pharmacist may delegate any technical functions to pharmacy technicians and any nontechnical functions to pharmacy support persons, but only if the pharmacist is available to provide professional oversight of the delegated functions performed by the pharmacy technician or pharmacy support person. Verification of automated dispensing, technician product verification, and telepharmacy practice accuracy and completeness remains the responsibility of the pharmacist and shall be determined in accordance with rules adopted by the board.  87 Acts, ch 215, 33; 96 Acts, ch 1070, 4; 2002 Acts, ch 1108, 25; 2008 Acts, ch 1016, 5; 2016 Acts, ch 1093, 7; 2018 Acts, ch 1142, 4; 2021 Acts, ch 68, 5  Referred to in 155A.47  Section amended 
155A.33A Technician product verification programs.   1. A pharmacist in charge of a pharmacy located in this state may formally establish a technician product verification program to optimize the provision of pharmacist patient care services. The board may require a pharmacist in charge intending to implement a technician product verification program to submit a program plan for board consideration and approval. The plan shall demonstrate that onsite practice hours for a pharmacist will not be reduced but will be redistributed directly to patient care activities.   2. The board shall adopt rules for the development, implementation, and oversight of technician product verification programs. The rules shall address program policy and procedures, pharmacist and pharmacy technician training, program quality assurance and evaluation, recordkeeping, redistribution of pharmacist activities, and other matters necessary for the development, implementation, and oversight of the program.  2018 Acts, ch 1142, 5 
155A.34 Transfer of prescriptions.   Any prescription transfer shall be from a licensed pharmacy to another licensed pharmacy and be performed in accordance with rules adopted by the board.  87 Acts, ch 215, 34; 2008 Acts, ch 1016, 6; 2018 Acts, ch 1142, 6 
155A.35 Patient medication records.   A licensed pharmacy shall maintain patient medication records in accordance with rules adopted by the board.  87 Acts, ch 215, 35 
155A.36 Medication delivery systems.   Drugs dispensed utilizing unit dose packaging shall comply with labeling and packaging requirements in accordance with rules adopted by the board.  87 Acts, ch 215, 36 
155A.37 Code of professional responsibility for board employees.   1. The board shall adopt a code of professional responsibility to regulate the conduct of board employees responsible for inspections and surveys of pharmacies.   2. The code shall contain a procedure to be followed by personnel of the board in all of the following:   a. On entering a pharmacy.   b. During inspection of the pharmacy.   c. During the exit conference.   3. The code shall contain standards of conduct that personnel of the board are to follow in dealing with the staff and management of the pharmacy and the general public.   4. The board shall establish a procedure for receiving and investigating complaints of violations of this code. The board shall investigate all complaints of violations.   5. The board may adopt rules establishing sanctions for violations of this code of professional responsibility.  87 Acts, ch 215, 37; 2004 Acts, ch 1167, 10 
155A.38 Dispensing drug samples.   A person authorized pursuant to this chapter to dispense shall, when dispensing drug samples, do so without additional charge to the patient.  88 Acts, ch 1232, 3 
155A.39 Program to monitor impaired pharmacists, pharmacist-interns, or pharmacy technicians  immunity and funding.   1. The board may establish a review committee and may implement a program to monitor impaired pharmacists, pharmacist-interns, and pharmacy technicians pursuant to section 272C.3, subsection 1, paragraph k.   2. An employee or a member of the board, a review committee member, or any other person who furnishes information, data, reports, or records in good faith for the purpose of aiding an impaired pharmacist, pharmacist-intern, or pharmacy technician, shall be immune from civil liability. This immunity from civil liability shall be liberally construed to accomplish the purpose of this section and is in addition to other immunity provided by law.   3. An employee or member of the board or a review committee member is presumed to have acted in good faith. A person alleging a lack of good faith has the burden of proof on that issue.   4. The board may add a surcharge of not more than ten percent of the applicable fee to a pharmacist license fee, pharmacist license renewal fee, pharmacist-intern registration fee, pharmacy technician registration fee, or pharmacy technician registration renewal fee authorized under this chapter to fund a program to monitor impaired pharmacists, pharmacist-interns, or pharmacy technicians.   5. The board may accept, transfer, and expend funds made available by the federal or state government or by another public or private source to be used in a program authorized by this section.   6. Funds and surcharges collected under this section shall be deposited in an account and may be used by the board to administer a program authorized by this section, but shall not be used for costs incurred for a participants initial evaluation, referral services, treatment, or rehabilitation subsequent to intervention.   7. The board may disclose that the license of a pharmacist, the registration of a pharmacist-intern, or the registration of a pharmacy technician who is the subject of an order of the board that is confidential pursuant to section 272C.6 is suspended, revoked, canceled, restricted, or retired; or that the pharmacist, pharmacist-intern, or pharmacy technician is in any manner otherwise limited in the practice of pharmacy; or other relevant information pertaining to the pharmacist, pharmacist-intern, or pharmacy technician which the board deems appropriate.   8. The board may adopt rules necessary for the implementation of this section.  97 Acts, ch 39, 5; 2017 Acts, ch 93, 3 
155A.4 Prohibition against unlicensed persons dispensing or distributing prescription drugs  exceptions.   1. A person shall not dispense prescription drugs unless that person is a licensed pharmacist or is authorized by section 147.107 to dispense or distribute prescription drugs.   2. Notwithstanding subsection 1, it is not unlawful for:   a. A limited distributor, third-party logistics provider, or wholesale distributor to distribute prescription drugs or devices as provided by state or federal law.   b. A practitioner, licensed by the appropriate state board, to dispense prescription drugs to patients as incident to the practice of the profession, except with respect to the operation of a pharmacy for the retailing of prescription drugs.   c. A practitioner, licensed by the appropriate state board, to administer drugs to patients. This chapter does not prevent a practitioner from delegating the administration of a prescription drug to a nurse, intern, or other qualified individual or, in the case of a veterinarian, to an orderly or assistant, under the practitioners direction and supervision.   d. A person to sell at retail a proprietary medicine, an insecticide, a fungicide, or a chemical used in the arts, if properly labeled.   e. A person to procure prescription drugs for lawful research, teaching, or testing and not for resale.   f. A pharmacy to distribute a prescription drug to another pharmacy or to a practitioner.   g. A qualified individual authorized to administer prescription drugs and employed by a home health agency or hospice to obtain, possess, and transport emergency prescription drugs as provided by state or federal law or by rules of the board.  87 Acts, ch 215, 4; 97 Acts, ch 39, 1; 2005 Acts, ch 179, 178; 2007 Acts, ch 19, 3; 2018 Acts, ch 1141, 10, 11 
155A.40 Criminal history record checks.   1. The board may request and obtain, notwithstanding section 692.2, subsection 5, criminal history data for any applicant for an initial or renewal license or registration issued pursuant to this chapter or chapter 147, any applicant for reinstatement of a license or registration issued pursuant to this chapter or chapter 147, or any licensee or registrant who is being monitored as a result of a board order or agreement resolving an administrative disciplinary action, for the purpose of evaluating the applicants, licensees, or registrants eligibility for licensure, registration, or suitability for continued practice of the profession. Criminal history data may be requested for all owners, managers, and principal employees of a pharmacy or drug wholesaler licensed pursuant to this chapter. The board shall adopt rules pursuant to chapter 17A to implement this section. The board shall inform the applicant, licensee, or registrant of the criminal history requirement and obtain a signed waiver from the applicant, licensee, or registrant prior to submitting a criminal history data request.   2. A request for criminal history data shall be submitted to the department of public safety, division of criminal investigation, pursuant to section 692.2, subsection 1. The board may also require such applicants, licensees, and registrants to provide a full set of fingerprints, in a form and manner prescribed by the board. Such fingerprints may be submitted to the federal bureau of investigation through the state criminal history repository for a national criminal history check. The board may authorize alternate methods or sources for obtaining criminal history record information. The board may, in addition to any other fees, charge and collect such amounts as may be incurred by the board, the department of public safety, or the federal bureau of investigation in obtaining criminal history information. Amounts collected shall be considered repayment receipts as defined in section 8.2.   3. Criminal history information relating to an applicant, licensee, or registrant obtained by the board pursuant to this section is confidential. The board may, however, use such information in a license or registration denial proceeding. In a disciplinary proceeding, such information shall constitute investigative information under section 272C.6, subsection 4, and may be used only for purposes consistent with that section.   4. This section shall not apply to a manufacturer of a prescription drug or device that has been delivered into commerce pursuant to an application approved by the federal food and drug administration.  2005 Acts, ch 35, 31; 2005 Acts, ch 179, 188 
155A.41 Continuous quality improvement program.   1. Each licensed pharmacy shall implement or participate in a continuous quality improvement program to review pharmacy procedures in order to identify methods for addressing pharmacy medication errors and for improving patient use of medications and patient care services. Under the program, each pharmacy shall assess its practices and identify areas for quality improvement.   2. The board shall adopt rules for the administration of a continuous quality improvement program. The rules shall address all of the following:   a. Program requirements and procedures.   b. Program record and reporting requirements.   c. Any other provisions necessary for the administration of a program.  2005 Acts, ch 179, 189 
155A.42 Limited distributor license.   1. A person other than a wholesale distributor, licensed pharmacy, or practitioner, shall not engage in any of the following activities in this state without a limited distributor license:   a. Distribution of a medical gas or device at wholesale or to a patient pursuant to a prescription drug order.   b. Wholesale distribution of a prescription animal drug.   c. Wholesale distribution of a prescription drug, or brokering the distribution of a prescription drug at wholesale, by a manufacturer, a manufacturers co-licensed partner, or a repackager.   d. Intracompany distribution of a prescription drug, including pharmacy chain distribution centers.   e. Distribution at wholesale of a combination product as defined by the United States food and drug administration, medical convenience kit, intravenous fluid or electrolyte, dialysis solution, radioactive drug, or irrigation or sterile water solution to be dispensed by prescription only.   f. Distribution of a dialysis solution by the manufacturer or the manufacturers agent to a patient pursuant to a prescription drug order, provided that a licensed pharmacy processes the prescription drug order.   2. The board shall adopt rules establishing the requirements for a limited distributor license, licensure fees, compliance standards, and any other relevant matters. A limited distributor shall not be required to have an onsite pharmacist.   3. The board may deny, suspend, or revoke a limited distributors license, or otherwise discipline a limited distributor, for failure to meet the applicable standards or for a violation of the laws of this state, another state, or the United States, or for a violation of this chapter, chapter 124, 124B, 126, or 205, or a rule of the board.  2007 Acts, ch 19, 6; 2017 Acts, ch 145, 22; 2018 Acts, ch 1141, 15 
155A.43 Pharmaceutical collection and disposal program  annual allocation.   Of the fees collected by the board pursuant to sections 124.301 and 147.80 and this chapter, and retained by the board pursuant to section 147.82, the board may annually allocate a sum deemed by the board to be adequate for administering the pharmaceutical collection and disposal program. The program shall provide for the management and disposal of unused, excess, and expired pharmaceuticals, including the management and disposal of controlled substances pursuant to state and federal regulations. The board may contract with one or more vendors for the provision of supplies and services to manage and maintain the program and to safely and appropriately dispose of pharmaceuticals collected through the program.  2011 Acts, ch 129, 88, 156; 2014 Acts, ch 1026, 143; 2015 Acts, ch 137, 74, 162, 163; 2017 Acts, ch 93, 4 
155A.44 Vaccine and immunization administration. Repealed by  2020 Acts, ch 1103, 46  .  2020 repeal of this section is effective July 1, 2021;  2020 Acts, ch 1103, 46 
155A.45 Reports  disclosure.   1. Notwithstanding section 272C.6, subsection 4, paragraph a, an inspection report in possession of the board, regardless of whether the report is based on a routine inspection or an inspection prompted by one or more complaints, may be disclosed to the national association of boards of pharmacys inspection network.   2. Notwithstanding section 272C.6, subsection 4, paragraph a, any complaints, investigative information, or data collected pertaining to compounded human drug products may be disclosed to the United States food and drug administration, including through the use of an information sharing network, in order to comply with any memorandum of understanding with the United States food and drug administration.  2016 Acts, ch 1093, 8; 2021 Acts, ch 68, 7  Section amended 
155A.46 Statewide protocols.   1. a. A pharmacist may, pursuant to statewide protocols developed by the board in consultation with the department of public health and consistent with subsection 2, order and administer the following to patients ages eighteen years and older:   (1) Naloxone.   (2) Nicotine replacement tobacco cessation products.   (3) An immunization or vaccination recommended by the United States centers for disease control and prevention advisory committee on immunization practices in its approved vaccination schedule for adults.   (4) An immunization or vaccination recommended by the United States centers for disease control and prevention for international travel.   (5) A Tdap (tetanus, diphtheria, acellular pertussis) vaccination in a booster application.   (6) Other emergency immunizations or vaccinations in response to a public health emergency.   (7) An immunization or vaccination for COVID-19 as defined in section 686D.2.   b. A pharmacist may, pursuant to statewide protocols developed by the board in consultation with the department of public health and consistent with subsection 2, order and administer the following to patients ages six months and older:   (1) A vaccine or immunization for influenza.   (2) Other emergency immunizations or vaccines in response to a public health emergency.   c. A pharmacist may, pursuant to statewide protocols developed by the board in consultation with the department of public health and consistent with subsection 2, order and administer the final two doses in a course of vaccinations for HPV to patients ages eleven years and older.   d. Prior to the ordering and administration of a vaccination or immunization authorized by this subsection, pursuant to statewide protocols, a licensed pharmacist shall consult and review the statewide immunization registry or health information network. The board shall adopt rules requiring the reporting of the administration of vaccines and immunizations authorized by this subsection to a patients primary health care provider, primary physician, and a statewide immunization registry or health information network.   e. A pharmacist may, pursuant to statewide protocols developed by the board in consultation with the department of public health and consistent with subsection 2, order and administer the following to patients ages six years and older:   (1) Point-of-care testing and treatment for influenza, streptococcus A, and COVID-19 as defined in section 686D.2 at the point of interaction between a pharmacist and a patient.   (2) Point-of-care testing at the point of interaction between a pharmacist and a patient in response to a public health emergency.   2. A pharmacist ordering or administering a prescription drug, product, test, or treatment pursuant to subsection 1 shall do all of the following:   a. Maintain a record of all prescription drugs, products, tests, and treatments administered pursuant to this section.   b. Notify the patients primary health care provider of any prescription drugs, products, tests, or treatments administered to the patient, or enter such information in a patient record system also used by the primary health care provider, as permitted by the primary health care provider. If the patient does not have a primary health care provider, the pharmacist shall provide the patient with a written record of the prescription drugs, products, tests, or treatment provided to the patient and shall advise the patient to consult a physician.   c. Complete continuing pharmacy education related to statewide protocols recognized and approved by the board.  2018 Acts, ch 1142, 7; 2021 Acts, ch 103, 1, 2  Subsection 1, paragraph a, NEW subparagraph (7)  Subsection 1, NEW paragraph e 
155A.47 Pilot or demonstration research projects.   1. Notwithstanding any provision of section 147.107, subsection 2, or section 155A.33 to the contrary, the board may approve a pilot or demonstration research project of innovative applications in the practice of pharmacy to provide enhanced patient care.   2. The board shall adopt rules pursuant to chapter 17A for application for and approval of such projects. The rules may include exceptions to any existing rules under the purview of the board as necessary for completion of the project, limited to the duration of the project. The board may approve a project for no more than eighteen months. The board may extend or renew a project in accordance with board rules. All projects shall comply with the rules adopted for such projects.   3. The board shall not approve any project that expands the practice of pharmacy as defined in section 155A.3.  2021 Acts, ch 68, 8  NEW section 
155A.48 Collaborative pharmacy practice  agreements  payment.   1. For the purposes of this section:   a. Collaborative pharmacy practice means a practice of pharmacy whereby a pharmacist provides patient care and drug therapy management services not otherwise permitted to be performed by a pharmacist to patients under a collaborative pharmacy practice agreement with another pharmacist or practitioner which defines the nature, scope, conditions, and limitations of the patient care and drug therapy management services to be provided by a pharmacist in order to ensure that a patient achieves the desired outcomes.   b. Health benefit plan means the same as defined in section 514J.102.   c. Health carrier means the same as defined in section 514J.102.   2. Notwithstanding any provision of law to the contrary, a pharmacist may engage in a collaborative pharmacy practice, in accordance with rules adopted by the board pursuant to chapter 17A and under a collaborative pharmacy practice agreement, to provide patient care and drug therapy management services to a patient.   3. Notwithstanding any provision of a health benefit plan to the contrary, whenever a health benefit plan provides for payment or reimbursement for a service that is within the lawful scope of practice of a practitioner or pharmacist and the service is provided by a pharmacist pursuant to a collaborative pharmacy practice agreement under this section, the health carrier may provide payment or reimbursement for the service.  2021 Acts, ch 103, 3  NEW section 
155A.5 Injunction.   Notwithstanding the existence or pursuit of any other remedy the board may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the establishment, conduct, management, or operation of a pharmacy, limited distributor, third-party logistics provider, or wholesale distributor without a license, or to prevent the violation of provisions of this chapter. Upon request of the board, the attorney general shall institute the proper proceedings and the county attorney, at the request of the attorney general, shall appear and prosecute the action when brought in the county attorneys county.  87 Acts, ch 215, 5; 2018 Acts, ch 1141, 12 
155A.6 Pharmacist internship program.   1. A program of pharmacist internships is established. Each internship is subject to approval by the board.   2. A person desiring to be a pharmacist-intern in this state shall apply to the board for registration. The application must be on a form prescribed by the board. A pharmacist-intern shall be registered during internship training and thereafter pursuant to rules adopted by the board.   3. The board shall establish standards for pharmacist-intern registration and may deny, suspend, or revoke a pharmacist-intern registration for failure to meet the standards or for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs, or for any violation of this chapter or chapter 124, 124B, 126, 147, or 205, or any rule of the board.   4. The board shall adopt rules in accordance with chapter 17A on matters pertaining to pharmacist-intern registration standards, registration fees, conditions of registration, termination of registration, and approval of preceptors.  87 Acts, ch 215, 6; 96 Acts, ch 1070, 2, 3; 2007 Acts, ch 20, 1; 2017 Acts, ch 145, 17 
155A.6A Pharmacy technician registration.   1. A registration program for pharmacy technicians is established for the purpose of establishing technician competency and for the purposes of identification, tracking, and disciplinary action for the violation of federal drug laws or regulations, state drug or pharmacy laws, or board rules. The ultimate responsibility for the actions of a pharmacy technician working under a licensed pharmacists supervision shall remain with the licensed pharmacist.   2. A person who is or desires to be a pharmacy technician in this state shall apply to the board for registration. The application shall be submitted on a form prescribed by the board. A pharmacy technician must be registered pursuant to rules adopted by the board. Except as provided in subsection 3, all applicants for a new pharmacy technician registration or for a pharmacy technician renewal shall provide proof of current certification by a national technician certification authority approved by the board. Notwithstanding section 272C.2, subsection 1, a pharmacy technician registration shall not require continuing education for renewal.   3. A person who is in the process of acquiring national certification as a pharmacy technician and who is in training to become a pharmacy technician shall register with the board as a pharmacy technician.   4. The board shall adopt rules in accordance with chapter 17A on matters pertaining to pharmacy technician registration, application, forms, renewals, fees, termination of registration, technician product verification programs, national certification, training, and any other relevant matters.   5. The board may deny, suspend, or revoke the registration of, or otherwise discipline, a registered pharmacy technician for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs, or for any violation of this chapter or chapter 124, 124B, 126, 147, 205, or 272C, or any rule of the board.  2007 Acts, ch 20, 2; 2008 Acts, ch 1016, 3; 2010 Acts, ch 1193, 112, 137, 138; 2017 Acts, ch 29, 45; 2017 Acts, ch 145, 18; 2018 Acts, ch 1026, 55, 56, 182; 2018 Acts, ch 1142, 3; 2021 Acts, ch 68, 4  Subsections 3 and 4 amended 
155A.6B Pharmacy support person registration.   1. The board shall establish a registration program for pharmacy support persons who work in a licensed pharmacy and who are not licensed pharmacists or registered pharmacy technicians for the purposes of identification, tracking, and disciplinary action for the violation of federal drug laws or regulations, state drug or pharmacy laws, or board rules. The registration shall not include any determination of the competency of the registered individual and, notwithstanding section 272C.2, subsection 1, shall not require continuing education for renewal.   2. A person registered with the board as a pharmacy support person may assist pharmacists by performing routine clerical and support functions. Such a person shall not perform any professional duties or any technical or dispensing duties. The ultimate responsibility for the actions of a pharmacy support person working under a licensed pharmacists supervision shall remain with the licensed pharmacist.   3. Applicants for registration must apply to the board for registration on a form prescribed by the board.   4. The board shall adopt rules in accordance with chapter 17A on matters pertaining to pharmacy support persons, and pharmacy support person exemptions, registration, application, renewals, fees, termination of registration, training, and any other relevant matters.   5. The board may deny, suspend, or revoke the registration of a pharmacy support person or otherwise discipline the pharmacy support person for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs, or for any violation of this chapter or chapter 124, 124B, 126, 147, 205, or 272C, or any rule of the board.  2009 Acts, ch 69, 3; 2017 Acts, ch 145, 19 
155A.7 Pharmacist license.   A person shall not engage in the practice of pharmacy in this state without a license. The license shall be identified as a pharmacist license.  87 Acts, ch 215, 7 
155A.8 Requirements for pharmacist license.   To qualify for a pharmacist license, an applicant shall meet the following requirements:   1. Be a graduate of a school or college of pharmacy or of a department of pharmacy of a university recognized and approved by the board.   2. File proof, satisfactory to the board, of internship for a period of time fixed by the board.   3. Pass an examination prescribed by the board.  87 Acts, ch 215, 8  Referred to in 155A.9, 155A.12 
155A.9 Approved colleges  graduates of foreign colleges.   1. A college of pharmacy shall not be approved by the board unless the college is accredited by the accreditation council for pharmacy education.   2. An applicant who is a graduate of a school or college of pharmacy located outside the United States but who is otherwise qualified to apply for a pharmacist license in this state may be deemed to have satisfied the requirements of section 155A.8, subsection 1, by verification to the board of the applicants academic record and graduation and by meeting other requirements established by rule of the board. The board may require the applicant to pass an examination or examinations given or approved by the board to establish proficiency in English and equivalency of education as a prerequisite for taking the licensure examination required in section 155A.8, subsection 3.  87 Acts, ch 215, 9; 2007 Acts, ch 19, 4 
156.1 Definitions.   As used in this chapter unless the context otherwise requires:   1. Board means the board of mortuary science.   2. Cremation means the technical process, using heat and flame, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation. Cremation shall include the processing, and may include the pulverization, of the bone fragments.   3. Cremation establishment means a place of business as defined by the board which provides any aspect of cremation services.   4. Funeral director means a person licensed by the board to practice mortuary science.   5. Funeral establishment means a place of business as defined by the board devoted to providing any aspect of mortuary science.   6. Intern means a person registered by the board to practice mortuary science under the direct supervision of a preceptor certified by the board.   7. Mortuary science means the engaging in any of the following:   a. Preparing, for burial or disposal, or directing and supervising burial or disposal of dead human bodies except supervising cremations.   b. Making funeral arrangements or furnishing any funeral services in connection with disposition of dead human bodies or sale of any casket, vault, urn, or other burial receptacle.   c. Using the words funeral director, mortician, or any other title implying that the person is engaged as a funeral director as defined in this section.   d. Embalming dead human bodies, entire or in part, by the use of chemical substances, fluids, or gases in the body, or by the introduction of the same into the body by vascular injections, hypodermic injections, or by surface application into the organs or cavities for the purpose of preservation or disinfection.  [S13, 2575-a36; C24, 27, 2584; C31, 35, 2585-c1; C39, 2585.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 156.1]  96 Acts, ch 1148, 3; 2007 Acts, ch 10, 156; 2007 Acts, ch 159, 5, 6  Referred to in 156.2, 523A.302, 523A.601 
156.10 Inspection.   1. The director of public health may inspect all places where dead human bodies are prepared or held for burial, entombment, or cremation, and may adopt and enforce such rules and regulations in connection with the inspection as may be necessary for the preservation of the public health.   2. The Iowa department of public health may assess an inspection fee for an inspection of a place where dead human bodies are prepared for burial or cremation. The fee may be determined by the department by rule.  [C31, 35, 2585-c7; C39, 2585.06; C46, 50, 156.6; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 156.10]  96 Acts, ch 1148, 8; 2007 Acts, ch 159, 10; 2014 Acts, ch 1106, 18 
156.12 Funeral directors  solicitation of business  exceptions  penalty.   Every funeral director, or person acting on behalf of a funeral director, who pays or causes to be paid any money or other thing of value as a commission or gratuity for the securing of business for the funeral director, and every person who accepts or offers to accept any money or other thing of value as a commission or gratuity from a funeral director in order to secure business for the funeral director commits a simple misdemeanor. This section does not prohibit any person, firm, cooperative burial association, or corporation, subject to the provisions of this chapter, from using legitimate and honest advertising. This section does not apply to sales made in accordance with chapter 523A.  [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 156.12]  87 Acts, ch 30, 2 
156.13 Certificate of national board in lieu of examination. Repealed by  2007 Acts, ch 159, 12  . 
156.14 Funeral establishment and cremation establishment license.   1. A person shall not establish, conduct, or maintain a funeral establishment or a cremation establishment in this state without a license. The license shall be identified as an establishment license.   a. An establishment license issued by the board under this chapter shall be issued for a site and in the name of the individual in charge and is not transferable or assignable.   b. A license is required for each place of practice.   c. The license of the establishment shall be displayed.   2. The board shall specify by rule the licensing procedures to be followed, including specifications of forms for use in applying for an establishment license and fees for filing an application. The board shall specify by rule minimum standards for professional responsibility in the conduct of a funeral establishment or a cremation establishment.   3. To qualify for a funeral establishment or a cremation establishment license, the applicant shall submit to the board a license fee as determined by the board and a completed application on a form prescribed by the board that shall include the following information and be given under oath:   a. Ownership of the establishment.   b. Location of the establishment.   c. The license number of each funeral director employed by the establishment at the time of the application.   d. The trade or corporate name of the establishment.   e. The name of the individual in charge, who has the authority and responsibility for the establishments compliance with laws and rules pertaining to the operation of the establishment.   4. A person who falsely makes the affidavit prescribed in subsection 3 is subject to all penalties prescribed for making a false affidavit.  96 Acts, ch 1148, 9  Referred to in 156.15 
156.15 Funeral establishments and cremation establishments  license required  discipline, violations, and penalties.   1. A funeral establishment or cremation establishment shall not be operated until a license or renewal certificate has been issued to the establishment by the board.   2. The board shall refuse to issue an establishment license when an applicant fails to meet the requirements of section 156.14. The board may refuse to issue or renew a license or may impose a penalty, not to exceed ten thousand dollars, issue a reprimand, or revoke, restrict, cancel, or suspend a license, and may place a licensee on probation, if the board finds that the applicant or licensee has done any of the following:   a. Been convicted of a felony or any crime related to the practice of mortuary science or implicating the establishments ability to safely perform mortuary science services, or if the applicant is an association, joint stock company, partnership, or corporation, that a managing officer or owner has been convicted of such a crime, under the laws of this state, another state, or the United States.   b. Violated this chapter or any rule adopted under this chapter or that any owner or employee of the establishment has violated this chapter or any rule adopted under this chapter.   c. Knowingly aided, assisted, procured, advised, or allowed a person to unlawfully practice mortuary science.   d. Failed to engage in or ceased to engage in the business described in the application for a license.   3. Failed to keep and maintain records as required by this chapter or rules adopted under this chapter.  96 Acts, ch 1148, 10; 2007 Acts, ch 159, 11 
156.16 Unlicensed practice  injunctions, civil penalties, consent agreements.   1. If the board has reasonable grounds to believe that a person or establishment which is not licensed under this chapter has engaged, or is about to engage, in an act or practice which requires licensure under this chapter, or otherwise violates a provision of this chapter, the board may issue an order to require the unlicensed person or establishment to comply with the provisions of this chapter, and may impose a civil penalty not to exceed one thousand dollars for each violation of this chapter by an unlicensed person or establishment. Each day of a continued violation constitutes a separate offense.   2. The board may conduct an investigation as needed to determine whether probable cause exists to initiate the proceedings described in this section. To aid in such an investigation or in connection with any other proceeding under this section, the board may issue subpoenas to compel witnesses to testify or persons to produce evidence consistent with the provisions of section 272C.6, subsection 3.   3. The board, in determining the amount of a civil penalty to be imposed, may consider any of the following:   a. Whether the amount imposed will be a substantial economic deterrent to the violation.   b. The circumstances leading to the violation.   c. The severity of the violation and the risk of harm to the public.   d. The economic benefits gained by the violator as a result of noncompliance.   e. The interest of the public.   4. The board, before issuing an order under this section, shall provide the person or establishment written notice and the opportunity to request a hearing. The hearing must be requested within thirty days after receipt of the notice and shall be conducted in the same manner as provided for disciplinary proceedings involving a licensee under this chapter.   5. The board may request the attorney general to bring an action to enforce the subpoena.   6. A person or establishment aggrieved by the issuance of an order or the imposition of a civil penalty under this section may seek judicial review pursuant to section 17A.19.   7. If a person or establishment fails to pay a civil penalty within thirty days after entry of an order imposing the civil penalty, or, if the order is stayed pending an appeal, within ten days after the court enters a final judgment in favor of the board, the board shall notify the attorney general. The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs.   8. An action to enforce an order under this section may be joined with an action for an injunction pursuant to section 147.83.   9. The board, in its discretion and in lieu of issuing or enforcing an order or imposing a civil penalty for an initial violation under this section, may enter into a consent agreement with a violator, or with a person who aided or abetted a violator, which acknowledges the violation and the violators agreement to refrain from any further violation.  2004 Acts, ch 1168, 11 
156.1A Provision of services.   Nothing contained in this chapter shall be construed as prohibiting the operation of any funeral home, funeral establishment, or cremation establishment by any person, heir, fiduciary, firm, cooperative burial association, or corporation. However, each such person, firm, cooperative burial association, or corporation shall ensure that all mortuary science services are provided by a funeral director, and shall keep the Iowa department of public health advised of the name of the funeral director.  [C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 156.1(unn. 2)]  CS2007, 156.1A 
156.2 Persons excluded.   The terms defined in section 156.1 shall not be construed to include the following classes of persons:   1. Manufacturers, wholesalers, distributors, and retailers of caskets, vaults, urns, or other burial receptacles not engaged in the other functions of furnishing of funeral services or embalming as above defined.   2. Those who use bodies for scientific purposes as defined in sections 142.1, 142.2, and 142.5; or those who make scientific examinations of dead bodies; or those who perform autopsies.   3. Physicians or institutions who preserve parts of human bodies either for scientific purposes or for use as evidence in prospective legal cases.   4. Persons who, without compensation, bury their own dead under a burial transit permit secured pursuant to section 144.32.  [C31, 35, 2585-c2; C39, 2585.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 156.2]  96 Acts, ch 1148, 4; 2019 Acts, ch 59, 54 
156.3 Eligibility requirements.   To be eligible to take the examination for a funeral directors license, a person must have completed two academic years of instruction in a recognized college or university in a course of study approved by the board or have equivalent education as defined by the board and have satisfactorily completed a course of instruction in mortuary science in an accredited school approved by the board.  [S13, 2575-a37, -a38; C24, 27, 2585; C31, 35, 2585-c3, -c4, -c9; C39, 2585.03, 2585.04, 2585.09; C46, 50, 156.3, 156.4, 156.9; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 156.3]  90 Acts, ch 1253, 3 
156.4 Funeral directors.   1. The practice of a funeral director must be conducted from a funeral establishment licensed by the board. The board may specify criteria for exceptions to the requirement of this subsection in rules.   2. A person shall not engage in the practice of mortuary science unless licensed.   3. Applications for the examination for a funeral directors license shall be verified on a form furnished by the board.   4. Applicants shall pass an examination prescribed by the board, which shall include the subjects of funeral directing, burial or other disposition of dead human bodies, sanitary science, embalming, restorative art, anatomy, public health, transportation, business ethics, and such other subjects as the board may designate.   5. After the applicant has completed satisfactorily the course of instruction in mortuary science in an accredited school approved by the board, the applicant must pass the examination prescribed by the board as provided in section 147.34. The applicant may then receive an internship certificate and shall then complete a minimum one-year internship as determined by the board.  [C24, 27, 2585; C31, 35, 2585-c3, -c4; C39, 2585.03, 2585.04; C46, 50, 156.3, 156.4; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 156.4]  96 Acts, ch 1148, 5; 2000 Acts, ch 1140, 41; 2005 Acts, ch 89, 19; 2007 Acts, ch 159, 7 
156.8 Internships.   The board shall, by rule, provide for internships in mortuary science, and shall regulate the registration, training, and fee for internships.  [C31, 35, 2585-c4; C39, 2585.04; C46, 50, 156.4; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 156.8]  96 Acts, ch 1148, 6 
156.8A Student practicum.   The board, by rule, shall provide for practicums in mortuary science for students available through any school accredited by the American board of funeral service education.  2000 Acts, ch 1140, 42; 2007 Acts, ch 159, 8 
156.9 Revocation of license to practice mortuary science.   1. Notwithstanding section 147.87, the board may restrict, suspend, or revoke a license to practice mortuary science or place a licensee on probation. The board shall adopt rules of procedure pursuant to chapter 17A by which to restrict, suspend, or revoke a license. The board may also adopt rules pursuant to chapter 17A relating to conditions of license reinstatement.   2. In addition to the grounds stated in sections 147.55 and 272C.10, the board may revoke or suspend the license of, or otherwise discipline, a funeral director for any one of the following acts:   a. Knowingly misrepresenting any material matter to a prospective purchaser of funeral merchandise, furnishings, or services.   b. A violation of chapter 144 related to the practice of mortuary science.   c. Knowingly aiding, assisting, procuring, advising, or allowing a person to unlawfully practice mortuary science.   d. Willful or repeated violations of this chapter, or the rules adopted pursuant to this chapter.  [C31, 35, 2585-c5; C39, 2585.05; C46, 50, 156.5; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 156.9]  87 Acts, ch 30, 1; 96 Acts, ch 1148, 7; 2007 Acts, ch 159, 9; 2008 Acts, ch 1088, 110; 2020 Acts, ch 1103, 20, 31 
157.1 Definitions.   For purposes of this chapter:   1. Board means the board of cosmetology arts and sciences.   2. Certified laser product means a product which is certified by a manufacturer pursuant to the requirements of  21 C.F.R. pt. 1040   and as specified by rule.   3. Chemical exfoliation means the removal of surface epidermal cells of the skin by using only nonmedical strength cosmetic preparations consistent with labeled instructions and as specified by rule.   4. Cosmetologist means a person who performs the practice of cosmetology, or otherwise by the persons occupation claims to have knowledge or skill particular to the practice of cosmetology. Cosmetologists shall not represent themselves to the public as being primarily in the practice of haircutting unless that function is, in fact, their primary specialty.   5. Cosmetology means all of the following practices:   a. Arranging, braiding, dressing, curling, waving, press and curl hair straightening, shampooing, cutting, singeing, bleaching, coloring, or similar works, upon the hair of any person, or upon a wig or hairpiece when done in conjunction with haircutting or hairstyling by any means.   b. Massaging, cleansing, stimulating, exercising, or beautifying the superficial epidermis of the scalp, face, neck, arms, hands, legs, feet, or upper body of any person with the hands or mechanical or electrical apparatus or appliances or with the use of cosmetic preparations, including cleansers, toners, moisturizers, or masques.   c. Removing superfluous hair from the face or body of a person with the use of depilatories, wax, sugars, threading, or tweezing.   d. Applying makeup or eyelashes, tinting of lashes or brows, or lightening of hair on the face or body.   e. Cleansing, shaping, or polishing the fingernails, applying sculptured nails, nail extensions, wraps, overlays, nail art, or any other nail technique to the fingernails or toenails of a person.   6. Cosmetology arts and sciences means any or all of the following disciplines, performed with or without compensation by a licensee:   a. Cosmetology.   b. Electrology.   c. Esthetics.   d. Nail technology.   e. Manicuring and pedicuring.   7. Department means the Iowa department of public health.   8. Depilatory means an agent used for the temporary removal of superfluous hair by dissolving it at the epidermal surface.   9. Electrologist means a person who performs the practice of electrology.   10. Electrology means the removal of superfluous hair of a person by the use of an electric needle or other electronic process.   11. Esthetician means a person who performs the practice of esthetics.   12. Esthetics means the following:   a. Beautifying, massaging, cleansing, stimulating, or hydrating the skin of a person, except the scalp, by the use of cosmetic preparations, including cleansers, antiseptics, tonics, lotions, creams, exfoliants, masques, and essential oils, to be applied with the hands or any device, electrical or otherwise, designed for the nonmedical care of the skin.   b. Applying makeup or eyelashes to a person, tinting eyelashes or eyebrows, or lightening hair on the body except the scalp.   c. Removing superfluous hair from the body of a person by the use of depilatories, waxing, sugaring, tweezers, threading, or use of any certified laser products or intense pulsed light devices. This excludes the practice of electrology, whereby hair is removed with an electric needle.   d. The application of permanent makeup or cosmetic micropigmentation.   13. Exfoliation means the process whereby the superficial epidermal cells are removed from the skin.   14. General supervision means the supervising physician is not on site for laser procedures or use of an intense pulsed light device for hair removal conducted on minors, but is available for direct communication, either in person or by telephone, radio, radiotelephone, television, or similar means.   15. Instructor means a person licensed for the purpose of teaching cosmetology arts and sciences.   16. Intense pulsed light device means a device that uses incoherent light to destroy the vein of the hair bulb.   17. Laser means light amplification by the stimulated emission of radiation.   18. Manicuring means the practice of cleansing, shaping, or polishing the fingernails and massaging the hands and lower arms of a person. Manicuring does not include the application of sculptured nails or nail extensions to the fingernails or toenails of a person, and does not include the practice of pedicuring.   19. Manicurist means a person who performs the practice of manicuring.   20. Mechanical exfoliation means the physical removal of surface epidermal cells by means that include but are not limited to brushing machines, granulated scrubs, peel-off masques, peeling creams or drying preparations that are rubbed off, and microdermabrasion.   21. Microdermabrasion means mechanical exfoliation using an abrasive material or apparatus to remove surface epidermal cells with a machine which is specified by rule.   22. Minor means an unmarried person who is under the age of eighteen years.   23. Nail technologist means a person who performs the practice of nail technology.   24. Nail technology means all of the following:   a. Applying sculptured nails, nail extensions, wraps, overlays, nail art, or any other nail technique to the fingernails and toenails of a person.   b. Massaging the hands, arms, ankles, and feet of a person.   c. Removing superfluous hair from hands, arms, feet, or legs of a person by the use of wax or a tweezer.   d. Manicuring the nails of a person.   25. Physician means a person licensed in Iowa to practice medicine and surgery or osteopathic medicine and surgery.   26. Salon means a fixed establishment or place where one or more persons engage in the practice of cosmetology arts and sciences, including, but not limited to, a retail establishment where cosmetologists engage in the practice of cosmetology arts and sciences.   27. School of cosmetology arts and sciences means an establishment operated for the purpose of teaching cosmetology arts and sciences.  [C27, 31, 35, 2585-b1; C39, 2585.10; C46, 50, 54, 58, 62, 66, 71, 73, 77, 79, 81, 157.1]  92 Acts, ch 1205, 1; 93 Acts, ch 61, 1; 2004 Acts, ch 1044, 1  6; 2005 Acts, ch 89, 20  22; 2007 Acts, ch 10, 157, 158; 2008 Acts, ch 1088, 141; 2010 Acts, ch 1163, 4, 5; 2015 Acts, ch 30, 62  Referred to in 157.2, 157.3A, 158.2, 158.13 
157.10 Course of study.   1. The course of study required for licensure for the practice of cosmetology shall be two thousand one hundred clock hours, or seventy semester credit hours or the equivalent thereof as determined pursuant to administrative rule and regulations promulgated by the United States department of education. The clock hours, and equivalent number of semester credit hours or the equivalent thereof as determined pursuant to administrative rule and regulations promulgated by the United States department of education, of a course of study required for licensure for the practices of electrology, esthetics, nail technology, manicuring, and pedicuring shall be established by the board. The board shall adopt rules to define the course and content of study for each practice of cosmetology arts and sciences.   2. A person licensed in or a student of a practice of cosmetology arts and sciences shall be granted full credit for each course successfully completed which meets the requirements for licensure in another practice of cosmetology arts and sciences.   3. A barber licensed under chapter 158 or a student in a barber school who applies for licensure in a practice of cosmetology arts and sciences or who enrolls in a school of cosmetology arts and sciences shall be granted, at the discretion of the school, at least half credit and up to full credit for each course successfully completed for licensure as a barber which meets the requirements for licensure in a practice of cosmetology arts and sciences.  [C77, 79, 81, 157.10]  88 Acts, ch 1110, 1; 92 Acts, ch 1205, 8; 2004 Acts, ch 1100, 2; 2006 Acts, ch 1184, 102  Referred to in 157.2 
157.11 Salon licenses.   1. A salon shall not operate unless the owner has obtained a license issued by the department. The owner shall apply to the department on forms prescribed by the board. The department may perform a sanitary inspection of each salon biennially and may perform a sanitary inspection of a salon prior to the issuance of a license. An inspection of a salon may also be conducted upon receipt of a complaint by the department.   2. The application shall be accompanied by the biennial license fee determined pursuant to section 147.80. The license is valid for two years and may be renewed.   3. A licensed school of cosmetology arts and sciences at which students practice cosmetology arts and sciences is exempt from licensing as a salon.  [C77, 79, 81, 157.11]  83 Acts, ch 206, 10; 91 Acts, ch 268, 431; 92 Acts, ch 1205, 9; 99 Acts, ch 141, 28; 2014 Acts, ch 1106, 17 
157.12 Supervisors.   A person who directly supervises the work of practitioners of cosmetology arts and sciences shall be licensed in the practice supervised or a barber licensed under section 158.3.  [C31, 35, 2585-c11; C39, 2585.21; C46, 50, 54, 58, 62, 66, 71, 73, 77, 79, 81, 157.12]  88 Acts, ch 1110, 2; 92 Acts, ch 1205, 10  Referred to in 157.13 
157.12A Use of laser or light products on minors.   A laser hair removal product or device, or intense pulsed light device, shall not be used on a minor unless the minor is accompanied by a parent or guardian and only under the general supervision of a physician.  2004 Acts, ch 1044, 11; 2005 Acts, ch 89, 32 
157.13 Violations.   1. It is unlawful for a person to employ an individual to practice cosmetology arts and sciences unless that individual is licensed or has obtained a temporary permit under this chapter. It is unlawful for a licensee to practice with or without compensation in any place other than a licensed salon, a licensed school of cosmetology arts and sciences, or a licensed barbershop as defined in section 158.1. The following exceptions to this subsection shall apply:   a. A licensee may practice at a location which is not a licensed salon, school of cosmetology arts and sciences, or licensed barbershop under extenuating circumstances arising from physical or mental disability or death of a customer.   b. Notwithstanding section 157.12, when the licensee is employed by a physician and provides cosmetology services at the place of practice of a physician and is under the supervision of a physician licensed to practice pursuant to chapter 148.   c. When the practice occurs in a facility licensed pursuant to chapter 135B or 135C.   2. It is unlawful for a licensee to claim to be a licensed barber, however a licensed cosmetologist may work in a licensed barbershop. It is unlawful for a person to employ a licensed cosmetologist, esthetician, or electrologist to perform the services described in section 157.3A if the licensee has not received the additional training and met the other requirements specified in section 157.3A.   3. If the owner or manager of a salon does not comply with the sanitary rules adopted under section 157.6 or fails to maintain the salon as prescribed by rules of the department, the department may notify the owner or manager in writing of the failure to comply. If the rules are not complied with within five days after receipt of the written notice by the owner or manager, the department shall in writing order the salon closed until the rules are complied with. It is unlawful for a person to practice in a salon which has been closed under this section. The county attorney in each county shall assist the department in enforcing this section.   4. If the board has reasonable grounds to believe that a person or establishment which is not licensed under this chapter has engaged, or is about to engage, in an act or practice which requires licensure under this chapter, or otherwise violates a provision of this chapter, the board may issue an order to require the unlicensed person or establishment to comply with the provisions of this chapter, and may impose a civil penalty not to exceed one thousand dollars for each violation of this chapter by an unlicensed person or establishment. Each day of a continued violation after an order or citation by the board constitutes a separate offense, with the maximum penalty not to exceed ten thousand dollars.   a. In determining the amount of a civil penalty, the board may consider the following:   (1) Whether the amount imposed will be a substantial economic deterrent to the violation.   (2) The circumstances leading to or resulting in the violation.   (3) The severity of the violation and the risk of harm to the public.   (4) The economic benefits gained by the violator as a result of noncompliance.   (5) The welfare or best interest of the public.   b. The board may conduct an investigation as needed to determine whether probable cause exists to initiate the proceedings described in this subsection. Before issuing an order or citation under this section, the board shall provide written notice and the opportunity to request a hearing on the record. The hearing must be requested within thirty days of the issuance of the notice and shall be conducted as provided in chapter 17A. The board may, in connection with a proceeding under this section, issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence and may request the attorney general to bring an action to enforce the subpoena.   c. A person aggrieved by the imposition of a civil penalty under this section may seek judicial review in accordance with section 17A.19. The board shall notify the attorney general of the failure to pay a civil penalty within thirty days after entry of an order pursuant to this subsection, or within ten days following final judgment in favor of the board if an order has been stayed pending appeal. The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs. An action to enforce an order under this subsection may be joined with an action for an injunction.  [C31, 35, 2585-c12; C39, 2585.22; C46, 50, 54, 58, 62, 66, 71, 73, 77, 79, 81, 157.13]  88 Acts, ch 1110, 3; 92 Acts, ch 1205, 11; 2004 Acts, ch 1044, 12, 13; 2005 Acts, ch 89, 33; 2006 Acts, ch 1184, 103, 104; 2008 Acts, ch 1088, 111  Referred to in 157.4 
157.14 Rules.   The board shall adopt rules pursuant to chapter 17A to administer the provisions of this chapter.  [C77, 79, 81, 157.14]  89 Acts, ch 3, 1 
157.15 Penalty.   A person convicted of violating any of the provisions of this chapter or rules adopted pursuant to this chapter is guilty of a serious misdemeanor.  [C35, 2522; C39, 2585.24; C46, 50, 54, 58, 62, 66, 71, 73, 77, 79, 81, 157.15]  92 Acts, ch 1205, 12 
157.2 Prohibitions  exceptions.   1. It is unlawful for a person to practice cosmetology arts and sciences with or without compensation unless the person possesses a license issued under section 157.3. However, practices listed in section 157.1 when performed by the following persons are not defined as the practice of cosmetology arts and sciences:   a. Licensed physicians and surgeons, osteopathic physicians and surgeons, nurses, dentists, podiatric physicians, optometrists, chiropractors, and physical therapists, when exclusively engaged in the practice of their respective professions.   b. Licensed barbers who practice barbering as defined in section 158.1.   c. Students enrolled in licensed schools of cosmetology arts and sciences or barber schools who are practicing under the instruction or immediate supervision of an instructor.   d. Persons who perform without compensation any of the practices listed in section 157.1 on an emergency basis or on a casual basis.   e. Employees of hospitals, health care facilities, orphans homes, juvenile homes, and other similar facilities who perform cosmetology services for any resident without receiving direct compensation from the person receiving the service.   f. Volunteers for and residents of health care facilities, orphans homes, juvenile homes, and other similar facilities who shampoo, arrange, dress, or curl the hair, apply makeup, or polish the nails of any resident without receiving compensation from the person receiving the service.   g. Persons who perform any of the practices listed in section 157.1 on themselves or on a member of the persons immediate family.   h. Employees of a licensed barbershop when manicuring fingernails, if permitted under section 158.14, subsection 2.   i. Persons who apply samples of makeup, nail polish or other nail care products, cosmetics, or other cosmetology or esthetics preparations to persons to demonstrate the products in the regular course of business.   2. Cosmetologists shall not represent themselves to the public as electrologists, estheticians, or nail technologists unless the cosmetologist has completed the additional course study for the respective practice as prescribed by the board pursuant to section 157.10.   3. Persons licensed under this chapter shall not administer any practice of removing the skin by means of a razor-edged instrument.   4. With the exception of hair removal, manicuring, and nail technology services, persons licensed under this chapter shall not administer any procedure in which human tissue is cut, shaped, vaporized, or otherwise structurally altered.   5. Persons licensed under this chapter shall only use intense pulsed light devices for purposes of hair removal.  [C27, 31, 35, 2585-b2; C39, 2585.11; C46, 50, 54, 58, 62, 66, 71, 73, 77, 79, 81, 157.2]  89 Acts, ch 240, 2; 92 Acts, ch 1205, 2; 93 Acts, ch 61, 2, 3; 96 Acts, ch 1034, 68; 2004 Acts, ch 1044, 7; 2005 Acts, ch 89, 23; 2006 Acts, ch 1184, 100, 101; 2008 Acts, ch 1088, 141 
157.3 License requirements.   1. An applicant who has graduated from high school or its equivalent shall be issued a license to practice any of the cosmetology arts and sciences by the department when the applicant satisfies all of the following:   a. Presents to the department a diploma, or similar evidence, issued by a licensed school of cosmetology arts and sciences indicating that the applicant has completed the course of study for the appropriate practice of the cosmetology arts and sciences prescribed by the board. An applicant may satisfy this requirement upon presenting a diploma or similar evidence issued by a school in another state, recognized by the board, which provides instruction regarding the practice for which licensure is sought, provided that the course of study is equivalent to or greater in length and scope than that required for a school in this state, and is approved by the board.   b. Completes the application form prescribed by the board.   c. Passes an examination prescribed by the board. The examination may include both practical demonstrations and written or oral tests and shall not be confined to any specific system or method. However, a member of the board who is a licensed instructor of cosmetology arts and sciences shall not be involved in the selection or administration of the exam.   2. Notwithstanding subsection 1, a person who completes the application form prescribed by the board and who submits satisfactory proof of having been licensed in a practice of the cosmetology arts and sciences in another state for at least twelve months in the twenty-four month period preceding the submission of the application shall be allowed to take the examination for a license to practice the appropriate practice of the cosmetology arts and sciences. However, the examination requirement shall be waived for those persons who submit evidence of licensure in another state which has a reciprocal agreement with the state of Iowa under sections 147.44, 147.48, and 147.49.  [C27, 31, 35, 2585-b3, -b4; C39, 2585.12, 2585.13; C46, 50, 54, 58, 62, 66, 71, 73, 157.3, 157.4; C77, 79, 81, 157.3]  92 Acts, ch 1097, 5; 92 Acts, ch 1205, 3; 2005 Acts, ch 89, 24  Referred to in 157.2, 157.3A, 158.8, 158.10 
157.3A License requirements  additional training.   In addition to the license requirements of section 157.3, a written application and proof of additional training and certification shall be required prior to approval by the board for the provision of the services described in this section.   1. a. A licensed esthetician, who intends to provide services pursuant to section 157.1, subsection 12, paragraphs a and c, having received additional training on the use of microdermabrasion, a certified laser product, or an intense pulsed light device, shall submit a written application and proof of additional training and certification for approval by the board. Training shall be specific to the service provided or certified laser product used.   b. A licensed esthetician who applies permanent makeup or cosmetic micropigmentation shall comply with the provisions of section 135.37 and applicable rules.   c. Extractions shall be administered only by a licensed esthetician who has been trained in extraction procedures.   d. Chemical peels shall be administered only by a licensed esthetician who has been certified by the manufacturer of the product being used.   2. a. A licensed cosmetologist having received additional training in the use of chemical peels, microdermabrasion, a certified laser product, or an intense pulsed light device for hair removal shall submit a written application and proof of additional training and certification for approval by the board. A cosmetologist who is licensed after July 1, 2005, shall not be eligible to provide chemical peels, practice microdermabrasion procedures, use certified laser products, or use an intense pulsed light device for hair removal.   b. A licensed cosmetologist who applies permanent makeup or cosmetic micropigmentation shall comply with the provisions of section 135.37 and applicable rules.   3. A licensed electrologist having received additional training on the use of a certified laser product or an intense pulsed light device for the purpose of hair removal shall submit a written application and proof of additional training and certification for approval by the board.   4. Any additional training received by a licensed esthetician, cosmetologist, or electrologist and submitted to the board relating to utilization of a certified laser product or an intense pulsed light device shall include a safety training component which provides a thorough understanding of the procedures being performed. The training program shall address fundamentals of nonbeam hazards, management and employee responsibilities relating to control measures, and regulatory requirements.   5. A certified laser product shall only be used on surface epidermal layers of the skin except for hair removal.  2004 Acts, ch 1044, 8; 2005 Acts, ch 3, 39; 2005 Acts, ch 89, 25  28  Referred to in 157.13 
157.3B Examination information.   Notwithstanding section 147.21, individual pass or fail examination results made available from the authorized national testing agency to the board may be disclosed to the board-approved education program from which the applicant for licensure graduated for purposes of verifying accuracy of national data and reporting aggregate licensure examination results as required for a programs continued accreditation.  2009 Acts, ch 182, 129 
157.4 Temporary permits.   1. The department may issue a temporary permit which allows the applicant to practice in the cosmetology arts and sciences for purposes determined by rule. The board shall determine and state its recommendations and the length of time the temporary permit issued under this subsection is valid.   2. The fee for a temporary permit shall be established by the board as provided in section 147.80.   3. Notwithstanding section 157.13, subsection 1, the board may issue a temporary permit to practice in the cosmetology arts and sciences for the purpose of demonstrating cosmetology arts and sciences services to the public or for providing cosmetology arts and sciences services to the public at not-for-profit events. A permit issued pursuant to this subsection shall be subject to the following requirements:   a. The permit shall be issued for a specific event and may be issued to a salon, school of cosmetology arts and sciences, or person.   b. The permit shall be posted and visible to the public at the location where the cosmetology arts and sciences services are provided.   c. The permit shall be valid for no longer than twelve days.   d. An applicant for a temporary permit shall submit a completed application on a form provided by the board at least thirty days in advance of the intended use date.   e. An applicant shall submit an application fee determined by the board by rule.   f. The board shall issue no more than four permits to an applicant during a calendar year.   g. A person providing cosmetology arts and sciences services at a not-for-profit event shall hold a current license to practice cosmetology arts and sciences.  [C31, 35, 2585-c10; C39, 2585.20; C46, 50, 54, 58, 62, 66, 71, 73, 157.11; C77, 79, 81, 157.4]  92 Acts, ch 1205, 4; 2005 Acts, ch 89, 29; 2018 Acts, ch 1156, 1, 2 
157.4A License and government-issued identification  peace officer request.   1. For purposes of this section, unless the context otherwise requires:   a. Government-issued identification means any of the following:   (1) An unexpired drivers license issued by any state, territory, or district of the United States.   (2) An unexpired identification card issued by any state, territory, or district of the United States.   (3) An unexpired United States passport.   (4) A naturalization certificate issued by the United States citizenship and immigration services.   (5) An unexpired permanent resident card, also known as a green card, issued by the United States citizenship and immigration services.   (6) An unexpired employment authorization document issued by the United States citizenship and immigration services.   b. Peace officer means any of the following:   (1) Sheriffs and their regular deputies who are subject to mandated law enforcement training.   (2) Marshals and police officers of cities.   (3) Peace officer members of the department of public safety as defined in chapter 80.   (4) Special security officers employed by board of regents institutions as set forth in section 262.13.   (5) Such employees of the department of transportation as are designated peace officers by resolution of the department under section 321.477.   (6) Employees of an aviation authority designated as peace officers by the authority under section 330A.8, subsection 16.   2. A person licensed or who purports to be licensed under this chapter shall, upon the request of any peace officer investigating a complaint of illegal services, present a copy of the persons valid license issued pursuant to this chapter and a government-issued identification to the peace officer.  2021 Acts, ch 123, 3  Referred to in 710A.1, 710A.2, 710A.3  NEW section 
157.4B Announcements to the public.   1. For purposes of this section, announcement to the public means the use of any print media, broadcast media, subscription internet site, internet site available to the public, or any other means to do any of the following:   a. Advertise or market cosmetology services.   b. Provide a site for clients to post reviews.   c. Offer a virtual marketplace at which goods or services may be offered or clients may be solicited.   2. A person shall not do any of the following in an announcement to the public:   a. Represent that another person is licensed under this chapter when the person knows, or has reason to know, that the other person is not licensed.   b. Falsely represent the persons self as licensed under this chapter.   c. Offer, or imply the offer of, services that violate state law.   3. A person who violates subsection 2 commits a serious misdemeanor.  2021 Acts, ch 123, 4  Referred to in 710A.3  NEW section 
157.5 Consent and reporting requirements.   1. A licensed cosmetologist, esthetician, or electrologist who provides services relating to the use of a certified laser product, intense pulsed light device for hair removal, chemical peel, or microdermabrasion, shall obtain a consent in writing prior to the administration of the services. A consent in writing shall create a presumption that informed consent was given if the consent:   a. Sets forth in general terms the nature and purpose of the procedure or procedures, together with the known risks associated with the procedure or procedures, if reasonably determinable.   b. Acknowledges that the disclosure of that information has been made and that all questions asked about the procedure or procedures have been answered in a satisfactory manner.   c. Is signed by the client for whom the procedure is to be performed, or if the client for any reason lacks legal capacity to consent, is signed by a person who has legal authority to consent on behalf of that client in those circumstances.   2. A licensed cosmetologist, esthetician, or electrologist who provides services related to the use of a certified laser product, intense pulsed light device for hair removal, chemical peel, or microdermabrasion, shall submit a report to the board within thirty days of any incident involving the provision of such services which results in physical injury requiring medical attention. Failure to comply with this section shall result in disciplinary action being taken by the board.  2004 Acts, ch 1044, 9; 2005 Acts, ch 89, 30, 31 
157.5A Manicurists. Repealed by  2006 Acts, ch 1184, 126  . 
157.6 Sanitary rules  practice in the home.   The department shall prescribe sanitary rules for salons and schools of cosmetology arts and sciences which shall include the sanitary conditions necessary for the practice of cosmetology arts and sciences and for the prevention of infectious and contagious diseases. Subject to local zoning ordinances, a salon may be established in a residence if a room other than the living quarters is equipped for that purpose. The department shall enforce this section and make necessary inspections for enforcement purposes.  [C27, 31, 35, 2585-b6; C39, 2585.15; C46, 50, 54, 58, 62, 66, 71, 73, 77, 79, 81, 157.6]  92 Acts, ch 1205, 6  Referred to in 157.8, 157.13 
157.7 Inspectors and clerical assistants.   1. The department of inspections and appeals shall employ personnel pursuant to chapter 8A, subchapter IV, to perform duties related to inspection functions under this chapter. The department of inspections and appeals shall, when possible, integrate inspection efforts under this chapter with inspections conducted under chapter 158.   2. The Iowa department of public health may employ clerical assistants pursuant to chapter 8A, subchapter IV, to administer and enforce this chapter. The costs and expenses of the clerical assistants shall be paid from funds appropriated to the department of public health.  [C27, 31, 35, 2585-b9; C39, 2585.17; C46, 50, 54, 58, 62, 66, 71, 73, 157.8; C77, 79, 81, 157.7]  90 Acts, ch 1204, 23; 2003 Acts, ch 145, 201; 2019 Acts, ch 24, 104  Referred to in 10A.104 
157.8 Licensing of schools of cosmetology arts and sciences and instructors.   1. It is unlawful for a school of cosmetology arts and sciences to operate unless the owner has obtained a license issued by the department. The owner shall file a verified application with the department on forms prescribed by the board.   2. a. The application for a license for a school shall be accompanied by the annual license fee determined pursuant to section 147.80 and shall state the name and location of the school and such other additional information as the board may require. The license is valid for one year and may be renewed.   b. The license shall contain a statement which provides that the licensee is approved by the department as a provider of postsecondary education.   c. A license for a school of cosmetology arts and sciences shall not be issued for any space in any location where the same space is also licensed as a barber school.   d. The school of cosmetology arts and sciences must pass a sanitary inspection under section 157.6. An annual inspection of each school of cosmetology arts and sciences, including the educational activities of each school, shall be conducted and completed by the board or its designee prior to renewal of the license.   3. a. The number of instructors for each school shall be based upon total enrollment, with a minimum of two licensed instructors employed on a full-time basis for up to thirty students and an additional licensed instructor for each fifteen additional students. A student instructor shall not be used to meet licensed instructor-to-student ratios. A school operated by an area community college prior to September 1, 1982, with only one instructor per fifteen students is not subject to this paragraph and may continue to operate with the ratio of one licensed instructor to fifteen students. A student instructor may not be used to meet this requirement.   b. A school with less than thirty students enrolled may have one licensed instructor on site in the school if offering only clinic services or only theory instruction in a single classroom and less than fifteen students are present. If a school is offering clinic services and theory instruction simultaneously to less than fifteen students, at least two licensed instructors must be on site. Schools with more than thirty students enrolled shall meet the licensed instructor-to-student ratio as provided in paragraph a.   c. A person employed as an instructor in the cosmetology arts and sciences by a licensed school shall be licensed in the practice and shall possess a separate instructors license which shall be renewed biennially. An instructor shall file an application with the department on forms prescribed by the board. Requirements for licensure as an instructor shall be determined by the board by rule.   d. The application for an instructors license shall be accompanied by the biennial fee determined pursuant to section 147.80.  [C31, 35, 2585-c9; C39, 2585.18; C46, 50, 54, 58, 62, 66, 71, 73, 157.9; C77, 79, 81, 157.8]  83 Acts, ch 68, 1; 92 Acts, ch 1205, 7; 2004 Acts, ch 1044, 10; 2010 Acts, ch 1163, 6; 2012 Acts, ch 1062, 1  Referred to in 261B.11 
157.9 License suspension and revocation.   Any license issued by the department under the provisions of this chapter may be suspended, revoked, or renewal denied by the board for violation of any provision of this chapter or chapter 158 or rules promulgated by the board under the provisions of chapter 17A.  [C77, 79, 81, 157.9] 
158.1 Definitions.   For the purpose of this chapter:   1. Barbering means the practices listed in this subsection performed with or without compensation. Barbering includes but is not limited to the following practices performed upon the upper part of the human body of any person for cosmetic purposes and not for the treatment of disease or physical or mental ailments:   a. Shaving or trimming the beard or cutting the hair.   b. Giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations either by hand, or by electrical or mechanical appliances.   c. Singeing, shampooing, hair body processing, arranging, dressing, curling, blow waving, hair relaxing, bleaching or coloring the hair, or applying hair tonics.   d. Applying cosmetic preparations, antiseptics, powders, oils, clays, waxes, or lotions to scalp, face, or neck.   e. Styling, cutting or shampooing hairpieces or wigs when done in conjunction with haircutting or hairstyling.   2. Barber means a person who performs practices of barbering or otherwise by the persons occupation claims to have knowledge or skill peculiar to the practice of barbering.   3. Barbershop means an establishment in a fixed location, or a location that is readily movable, where one or more persons engage in the practice of barbering.   4. Barber school means an establishment operated by a person for the purpose of teaching barbering.   5. Board means the board of barbering.   6. Department means the Iowa department of public health.  [C27, 31, 35, 2585-b11; C39, 2585.25; C46, 50, 54, 58, 62, 66, 71, 73, 158.1, 158.11(1,2); C77, 79, 81, 158.1]  2007 Acts, ch 10, 159; 2009 Acts, ch 56, 6; 2009 Acts, ch 133, 65; 2020 Acts, ch 1003, 1, 2; 2021 Acts, ch 76, 39  Referred to in 157.2, 157.13, 158.2, 158.8  Subsection 3 amended 
158.10 Supervisors of barbers.   A person who directly supervises the work of barbers shall be either a barber licensed under this chapter or a cosmetologist licensed under section 157.3.  [C77, 79, 81, 158.10]  88 Acts, ch 1110, 5 
158.11 Continuing education.   1. A person licensed pursuant to this chapter shall be required to complete no more than three hours of continuing education every two years that meets the requirements established by the board. The continuing education compliance period shall extend for a two-year period beginning on July 1 and ending on June 30 of each even-numbered year.   2. A member of the board shall not provide the continuing education required by this section.  2015 Acts, ch 63, 1 
158.12 License suspension and revocation.   Any license issued by the department under the provisions of this chapter may be suspended, revoked, or renewal denied by the board for violation of any provision of chapter 157 or this chapter or rules promulgated by the board under the provisions of chapter 17A.  [C46, 50, 54, 58, 62, 66, 71, 73, 158.11; C77, 79, 81, 158.12] 
158.13 Violations.   1. It is unlawful for a person to employ an individual to practice barbering unless that individual is a licensed barber or has obtained a temporary permit. It is unlawful for a licensed barber to practice barbering with or without compensation in any place other than a licensed barbershop or barber school, or a licensed salon as defined in section 157.1, except that a licensed barber may practice barbering at a location which is not a licensed barbershop or barber school under extenuating circumstances arising from physical or mental disability or death of a customer. It is unlawful for a licensed barber to claim to be a licensed cosmetologist, but it is lawful for a licensed barber to work in a licensed salon.   2. If the owner or manager of a barbershop does not comply with the sanitary rules adopted under the provisions of section 158.5 or fails to maintain the barbershop as prescribed by rules of the department, the department may notify the owner or manager in writing of the failure to comply. If the rules are not complied with within five days after receipt of the written notice by the owner or manager, the department shall in writing order the shop closed until the rules are complied with. It is unlawful for a person to practice barbering in a shop which has been closed under the provisions of this section. The county attorney in each county shall assist the department in enforcing the provisions of this section.  [C27, 31, 35, 2585-b12, -c14; C39, 2585.26, 2585.30; C46, 50, 54, 58, 62, 66, 71, 73, 158.1, 158.6; C77, 79, 81, 158.13]  88 Acts, ch 1110, 6; 92 Acts, ch 1205, 22 
158.14 Manicurists.   1. A licensed barbershop may employ a licensed manicurist to manicure the fingernails of any person.   2. An unlicensed person who was employed by a licensed barbershop to manicure fingernails prior to July 1, 1989, may continue such employment without meeting licensing requirements under chapter 157.  [C77, 79, 81, 158.14]  89 Acts, ch 240, 5  Referred to in 157.2 
158.15 Rules.   The board shall adopt rules pursuant to chapter 17A to administer the provisions of this chapter.  [C77, 79, 81, 158.15]  89 Acts, ch 3, 2 
158.16 Penalty.   A person convicted of violating any of the provisions of this chapter shall be fined an amount not to exceed one thousand dollars.  [C35, 2522; C39, 2585.24; C46, 157.15; C50, 54, 58, 62, 66, 71, 73, 158.12; C77, 79, 81, 158.16]  2009 Acts, ch 56, 10; 2010 Acts, ch 1061, 32 
158.2 Prohibition  exceptions.   A person shall not practice barbering with or without compensation unless the person possesses a license issued under the provisions of section 158.3. A person licensed under section 158.3 shall not represent to the public that the person is primarily engaged in practices other than haircutting unless the functions are in fact the persons primary function or specialty. Practices listed in section 158.1 when performed by the following persons do not constitute barbering:   1. Licensed physicians and surgeons, osteopathic physicians and surgeons, nurses, dentists, podiatric physicians, optometrists, chiropractors, and physical therapists, when exclusively engaged in the practice of their respective professions.   2. Licensed practitioners of cosmetology arts and sciences as defined in section 157.1.   3. Students enrolled in licensed barber schools or schools of cosmetology arts and sciences who are practicing under the instruction or immediate supervision of an instructor.   4. Persons who, without compensation, perform any of the practices on an emergency basis or on a casual basis.   5. Employees and residents of hospitals, health care facilities, orphans homes, juvenile homes, and other similar facilities who shampoo, arrange, dress, or curl the hair of any resident, or who shave or trim the beard of any resident, without receiving direct compensation from the person receiving the service.   6. Persons who perform any of the practices listed in section 158.1 on themselves or on a member of the persons immediate family.   7. Offenders committed to the custody of the director of the department of corrections who cut the hair or trim or shave the beard of any other offender within a correctional facility, without receiving direct compensation from the person receiving the service.   8. Persons committed pursuant to chapter 229A to the custody of the director of the department of human services in the unit for sexually violent predators who cut the hair or trim or shave the beard of any other person within the unit, without receiving direct compensation from the person receiving the service.  [C27, 31, 35, 2585-b12; C39, 2585.26; C46, 50, 54, 58, 62, 66, 71, 73, 77, 79, 81, 158.2]  92 Acts, ch 1205, 18; 96 Acts, ch 1034, 68; 2005 Acts, ch 174, 20; 2008 Acts, ch 1088, 141; 2009 Acts, ch 133, 66; 2011 Acts, ch 98, 4 
158.3 License requirements.   1. An applicant shall be issued a license to practice barbering by the department when the applicant satisfies all of the following:   a. Presents to the department a diploma, or other like evidence, issued by a licensed barber school indicating that the applicant has completed the course of study prescribed by the board.   b. Completes the application form prescribed by the board.   c. Passes an examination prescribed by the board. The examination shall include both practical demonstrations and written or oral tests and shall not be confined to any specific system or method.   d. Presents a certificate, or satisfactory evidence, to the department that the applicant has successfully completed tenth grade, or the equivalent. The provisions of this subsection shall not apply to students enrolled in a barber school maintained at an institution under the control of a director of a division of the department of human services.   2. Notwithstanding the provisions of subsection 1, any person who completes the application form prescribed by the board and who submits satisfactory proof of having been a licensed barber in another state for at least twelve months in the twenty-four month period preceding the submission of the application shall be allowed to take the examination for a license to practice barbering. However, the examination requirement shall be waived for those persons who submit evidence of licensure in another state which has a reciprocal agreement with the state of Iowa under the provisions of sections 147.44, 147.48, and 147.49.   3. Notwithstanding the provisions of subsection 1, any person who completes the application form prescribed by the board and who completes a barbering apprenticeship training program registered by the office of apprenticeship of the United States department of labor while committed to the custody of the director of the Iowa department of corrections shall be allowed to take the examination for a license to practice barbering.  [C27, 31, 35, 2585-b13, -b14; C39, 2585.27, 2585.28; C46, 50, 54, 58, 62, 66, 71, 73, 158.3, 158.4; C77, 79, 81, 158.3]  83 Acts, ch 96, 157, 159; 92 Acts, ch 1097, 6; 2009 Acts, ch 56, 7; 2019 Acts, ch 99, 12  Referred to in 157.12, 158.2, 158.4 
158.4 Temporary permits.   1. A person who completes the requirements for licensure listed in section 158.3, except for the examination, shall be known as a trainee and shall be issued a temporary permit by the department which allows the applicant to practice barbering from the date of application until passage of the examination subject to this subsection. An applicant shall take the first available examination administered by the board, and may retain the temporary permit if the applicant does not pass the examination. An applicant who does not pass the first examination shall take the next available examination administered by the board. The temporary permit of an applicant who does not pass the second examination shall be revoked. An applicant who passes either examination shall be issued a license pursuant to section 158.3. The board shall adopt rules providing for a waiver of the requirement to take the first available examination for good cause.   2. The department may issue a temporary permit which allows the applicant to practice barbering for purposes determined by rule. The board shall determine and state its recommendations and the length of time the temporary permit issued under this subsection is valid.   3. The fee for a temporary permit shall be established by the board as provided in section 147.80.  [C77, 79, 81, 158.4]  92 Acts, ch 1205, 19; 2010 Acts, ch 1163, 7 
158.5 Sanitary rules.   The department shall prescribe sanitary rules for barbershops and barber schools which shall include the sanitary conditions necessary for the practice of barbering and for the prevention of infectious and contagious diseases. Subject to local zoning ordinances, a barbershop may be established in a residence if a room other than the living quarters is equipped for that purpose. The department shall enforce the provisions of this section and make necessary inspections for enforcement.  [C27, 31, 35, 2585-b15; C39, 2585.31; C46, 50, 54, 58, 62, 66, 71, 73, 158.7; C77, 79, 81, 158.5]  Referred to in 158.13 
158.6 Inspectors and clerical assistants.   1. The department of inspections and appeals shall employ personnel pursuant to chapter 8A, subchapter IV, to perform duties related to inspection functions under this chapter. The department of inspections and appeals shall, when possible, integrate inspection efforts under this chapter with inspections conducted under chapter 157.   2. The Iowa department of public health may employ clerical assistants pursuant to chapter 8A, subchapter IV, to administer and enforce this chapter. The costs and expenses of the clerical assistants shall be paid from funds appropriated to the department of public health.  [C27, 31, 35, 2585-b18; C39, 2585.33; C46, 50, 54, 58, 62, 66, 71, 73, 158.9; C77, 79, 81, 158.6]  90 Acts, ch 1204, 24; 2003 Acts, ch 145, 202; 2020 Acts, ch 1062, 94  Referred to in 10A.104 
158.7 Licensing barber schools.   1. It is unlawful for a barber school to operate unless the owner has obtained a license issued by the department. The owner shall file a verified application with the department on forms prescribed by the board.   2. Any person employed as a barbering instructor in a licensed barber school shall be a licensed barber and shall possess a separate instructors license which shall be renewed biennially. An instructor shall file an application with the department on forms prescribed by the board.   3. The barber school must pass a sanitary inspection, and the course of study of the school must be approved by the board under the provisions of section 158.8.   4. An annual inspection of each barber school, including the educational activities of each school, shall be conducted and completed by the board prior to renewal of the license.   5. a. The application shall be accompanied by the annual license fee determined under the provisions of section 147.80 and shall state the name and location of the school, name of the owner, name of the manager, and such other additional information as the board may require. The license is valid for one year and may be renewed.   b. The license shall contain a statement which provides that the licensee is approved by the department as a provider of postsecondary education.   6. A license for a barber school shall not be issued for any space in any location where the same space is licensed as a school of cosmetology.  [C46, 50, 54, 58, 62, 66, 71, 73, 158.11; C77, 79, 81, 158.7]  2009 Acts, ch 56, 8; 2012 Acts, ch 1062, 2  Referred to in 261.9, 261B.11 
158.8 Course of study.   1. The course of study of a barber school shall consist of at least two thousand one hundred hours of instruction as prescribed by the board and shall include instruction in all phases of the practice of barbering as defined in section 158.1, subsection 1. The course shall require at least ten months of instruction for completion. The course shall include not less than three hundred hours of demonstrations and lectures in the following areas: law; ethics; equipment; shop management; history of barbering; sanitation; sterilization; personal hygiene; first aid; bacteriology; anatomy; scalp, skin, hair and their common disorders; electricity as applied to barbering; chemistry and pharmacology; scalp care; hair body processing; hairpieces; honing and stropping; shaving; facials, massage and packs; haircutting; hair tonics; dyeing and bleaching; instruments; soaps; and shampoos, creams, lotions, waxes, and tonics. It shall include not less than one thousand four hundred hours of supervised practical instruction in the following areas: scalp care and shampooing, honing and stropping, shaving, haircutting, hairstyling and blow waving, dyeing and bleaching, hair body processing, facials, waxing, massage and packs, beard and mustache trimming, and hairpieces.   2. A person licensed under section 157.3 who enrolls in a barber school shall be granted full credit for each course successfully completed which meets the requirements of the barber school, which shall be credited toward the two thousand one hundred hour requirement, and the ten-month period does not apply. A person who has been a student in a school of cosmetology arts and sciences licensed under chapter 157 may enroll in a barber school and shall be granted, at the discretion of the school, at least half credit and up to full credit for each course successfully completed which meets the requirements of the barber school.  [C77, 79, 81, 158.8]  88 Acts, ch 1110, 4; 92 Acts, ch 1205, 20; 2009 Acts, ch 56, 9  Referred to in 158.7 
158.9 Barbershop licenses.   1. A barbershop shall not operate unless the owner has obtained a license issued by the department. The owner shall apply to the department on forms prescribed by the board. The department may perform a sanitary inspection of each barbershop biennially and may perform a sanitary inspection of a barbershop prior to the issuance of a license. An inspection of a barbershop may also be conducted upon receipt of a complaint by the department.   2. The application shall be accompanied by the biennial license fee determined pursuant to section 147.80. The license is valid for two years and may be renewed.   3. A licensed barber school at which students practice barbering is exempt from licensing as a barbershop.  [C46, 50, 54, 58, 62, 66, 71, 73, 158.11; C77, 79, 81, 158.9]  83 Acts, ch 206, 11; 91 Acts, ch 268, 432; 99 Acts, ch 141, 29; 2001 Acts, ch 58, 14; 2014 Acts, ch 1106, 19