reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135O - BOARDING HOMES › Section 135O.2 - Required registration and reporting — rules — penalty.

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 owner’s or lessee’s showing of good faith compliance with the department’s request to immediately cease and desist from conduct in violation of this chapter.
2009 Acts, ch 136, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135O - BOARDING HOMES › Section 135O.3 - Response to allegations.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135O - BOARDING HOMES › Section 135O.4 - Public disclosure of findings.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135P - ADVERSE HEALTH CARE INCIDENTS — COMMUNICATIONS — CONFIDENTIALITY › Section 135P.1 - Definitions.

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 person’s 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135P - ADVERSE HEALTH CARE INCIDENTS — COMMUNICATIONS — CONFIDENTIALITY › Section 135P.2 - Confidentiality of open discussions.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135P - ADVERSE HEALTH CARE INCIDENTS — COMMUNICATIONS — CONFIDENTIALITY › Section 135P.4 - Payment and resolution.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135Q - HEALTH CARE EMPLOYMENT AGENCIES AND WORKERS › Section 135Q.1 - Definitions.

135Q.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Department” means the department of inspections and appeals.
2. “Direct services” means services provided to consumers through person-to-person contact. “Direct services” excludes services performed by persons in a health care entity setting that do not involve the provision of any service or treatment to a consumer of a health care entity. “Direct services” does not include the practice of medicine and surgery or osteopathic medicine and surgery by an individual licensed under chapter 148 or the practice of nursing by an advanced registered nurse practitioner or an advanced practice registered nurse licensed under chapter 152 or 152E.
3. “Health care employment agency” or “agency” means an agency that contracts with a health care entity in this state to provide agency workers for temporary, temporary-to-hire, direct hire, or other contract or employee placements.
4. “Health care employment agency worker” or “agency worker” means an individual who contracts with or is employed by a health care employment agency to provide direct services or nursing services to health care entity consumers.
5. “Health care entity” means a licensed or certified facility, organization, or agency operated to provide services and supports to meet the health or personal care needs of consumers.
6. “Managing entity” means a business entity, owner, ownership group, chief executive officer, program administrator, director, or other decision maker whose responsibilities include directing the management or policies of a health care employment agency. “Managing entity” includes an individual who, directly or indirectly, holds a beneficial interest in a corporation, partnership, or other business entity that constitutes a managing entity.
7. “Nursing services” means those services which may be provided only by or under the supervision of a nurse. “Nursing services” does not include the practice of nursing by an advanced registered nurse practitioner or an advanced practice registered nurse licensed under chapter 152 or 152E.
2022 Acts, ch 1069, §1; 2022 Acts, ch 1153, §49
Section applies retroactively to any contract between a health care employment agency and an agency worker or health care entity referred to under section 135Q.2, subsection 3, that was entered into or executed on or after January 1, 2019;
2022 Acts, ch 1153, §49
NEW section
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136 - STATE BOARD OF HEALTH › Section 136.1 - Composition of board.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136 - STATE BOARD OF HEALTH › Section 136.2 - Appointment.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136 - STATE BOARD OF HEALTH › Section 136.3 - Duties.

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 director’s 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136 - STATE BOARD OF HEALTH › Section 136.4 - Questions submitted.

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]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136 - STATE BOARD OF HEALTH › Section 136.5 - Meetings.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136 - STATE BOARD OF HEALTH › Section 136.7 - Chairperson — staff assistance.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136 - STATE BOARD OF HEALTH › Section 136.8 - Supplies.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136 - STATE BOARD OF HEALTH › Section 136.9 - Compensation and expenses.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136 - STATE BOARD OF HEALTH › Section 136.10 - Publication of proceedings.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136A - CENTER FOR CONGENITAL AND INHERITED DISORDERS › Section 136A.1 - Purpose.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136A - CENTER FOR CONGENITAL AND INHERITED DISORDERS › Section 136A.2 - Definitions.

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 and inherited disorders advisory committee” or “advisory committee” means the congenital and inherited disorders advisory committee created in this chapter.
3. “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.
4. “Department” means the Iowa department of public health.
5. “Disorder” means a congenital or inherited disorder.
6. “Genetics” means the study of inheritance and how genes contribute to health conditions and the potential for disease.
7. “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.
8. “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.
9. “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; 2022 Acts, ch 1023, §1
Referred to in §144.31A
NEW subsection 2 and former subsections 2 – 8 renumbered as 3 – 9
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136A - CENTER FOR CONGENITAL AND INHERITED DISORDERS › Section 136A.3 - Establishment of center for congenital and inherited disorders — duties.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136A - CENTER FOR CONGENITAL AND INHERITED DISORDERS › Section 136A.4 - Genetic health services.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136A - CENTER FOR CONGENITAL AND INHERITED DISORDERS › Section 136A.5 - Newborn screening.

136A.5 Newborn 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 provider’s 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 newborn’s 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; 2022 Acts, ch 1023, §3
Referred to in §136A.5A
Section amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136A - CENTER FOR CONGENITAL AND INHERITED DISORDERS › Section 136A.5A - Newborn critical congenital heart disease screening.

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 newborn screening required pursuant to section 136A.5.
2. An attending health care provider shall ensure that every newborn under the provider’s 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 newborn’s 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 newborn’s critical congenital heart disease screening shall only be reported in a manner consistent with the reporting of the results of newborn 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; 2022 Acts, ch 1023, §4
Subsections 1 and 4 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136A - CENTER FOR CONGENITAL AND INHERITED DISORDERS › Section 136A.5B - Cytomegalovirus public health initiative.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136A - CENTER FOR CONGENITAL AND INHERITED DISORDERS › Section 136A.6 - Central registry.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136A - CENTER FOR CONGENITAL AND INHERITED DISORDERS › Section 136A.7 - Confidentiality.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136A - CENTER FOR CONGENITAL AND INHERITED DISORDERS › Section 136A.8 - Rules.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136B - RADON TESTING › Section 136B.1 - Radon testing and abatement program.

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, 280.32
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136B - RADON TESTING › Section 136B.2 - Radon testing information — disclosure.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136B - RADON TESTING › Section 136B.3 - Testing and reporting of radon level.

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 department’s results, discrepancies revealed by the spot-check, actions required of the person, and actions the department intends to take with respect to the person’s continued certification or credentialing.
88 Acts, ch 1237, §3; 89 Acts, ch 224, §3; 2004 Acts, ch 1168, §5
Referred to in §136B.4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136B - RADON TESTING › Section 136B.4 - Fees — rules.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136C - RADIATION MACHINES AND RADIOACTIVE MATERIALS › Section 136C.1 - Definitions.

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 director’s 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136C - RADIATION MACHINES AND RADIOACTIVE MATERIALS › Section 136C.2 - Applicability.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136C - RADIATION MACHINES AND RADIOACTIVE MATERIALS › Section 136C.4 - Penalties.

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 person’s 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136C - RADIATION MACHINES AND RADIOACTIVE MATERIALS › Section 136C.5 - Enforcement.

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)
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136C - RADIATION MACHINES AND RADIOACTIVE MATERIALS › Section 136C.8 - Inspections.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136C - RADIATION MACHINES AND RADIOACTIVE MATERIALS › Section 136C.9 - Registration and license requirements.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136C - RADIATION MACHINES AND RADIOACTIVE MATERIALS › Section 136C.10 - Fees.

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 department’s 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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 136C - RADIATION MACHINES AND RADIOACTIVE MATERIALS › Section 136C.11 - Federal-state agreements.

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