reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.6 - Embargo.

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 claimant’s 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.7 - Prosecutions.

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 person’s 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)
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.8 - Minor violations.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.12 - New drugs.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.14 - Cosmetics — adulteration.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.15 - Cosmetics — misbranding.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.16 - False advertising.

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 body’s 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.17 - Rules — hearings.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.19 - Publicity.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.20 - Chapter not applicable to commercial feed.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.21 - Chapter not applicable to animal drugs.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.22 - Nitrous oxide.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.23 - Gamma-hydroxybutyrate.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.23B - Civil penalty.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.1 - Definitions.

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, 237A.12, 514.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.2 - Appointment of director and acting director.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.3 - Disqualifications.

135.3 Disqualifications.
The director shall not hold any other lucrative office of this state, elective or appointive, during the director’s 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]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.6 - Assistants and employees.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.7 - Bonds.

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]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.8 - Seal.

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]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.9 - Expenses.

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]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.10 - Office.

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]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.11A - Professional licensure division — other licensing boards — expenses — fees.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.11B - Appointment of certain executive directors.

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 director’s 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 director’s supervision of the executive director shall not interfere with the board’s 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.12 - Statutory board, commission, committee, or council of committee — teleconference option.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.14 - State public health dental director — duties.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.15 - Oral and health delivery systems bureau established — responsibilities.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.16 - Special supplemental nutrition program for women, infants, and children — methamphetamine education.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.16A - Vendors participating in federal nutrition program — egg sales.

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 store’s 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.17 - Dental screening of children.

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 person’s 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 board’s 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.18 - Conflicting statutes.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.19 - Viral hepatitis program — awareness, vaccinations, and testing.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.21 - Pay toilets.

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]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.22 - Central registry for brain or spinal cord injuries.

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 person’s 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 person’s guardian or, if the person is a minor, by the person’s 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.24A - Free clinics — volunteer record check.

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 person’s 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.25 - Emergency medical services fund.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.27 - Iowa healthy communities initiative — grant program.

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 department’s 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.30A - Breast-feeding in public places.

135.30A Breast-feeding in public places.
Notwithstanding any other provision of law to the contrary, a woman may breast-feed the woman’s own child in any public place where the woman’s presence is otherwise authorized.
2000 Acts, ch 1140, §21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.31 - Location of boards — rulemaking.

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