reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147 - GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS › Section 147.113A - Report of burn injuries.

147.113A Report of burn injuries.
Any person licensed under the provisions of this subtitle who administers any treatment to a person suffering a burn which appears to be of a suspicious nature on the body, a burn to the upper respiratory tract, a laryngeal edema due to the inhalation of super-heated air, or a burn injury that is likely to result in death, which appears to have been received in connection with the commission of a criminal offense, or to whom an application is made for treatment of any nature because of any such burn or burn injury shall at once but not later than twelve hours after treatment was administered or application was made report the fact to law enforcement. The report shall be made to the law enforcement agency within whose jurisdiction the treatment was administered or application was made, or if ascertainable, to the law enforcement agency in whose jurisdiction the burn or burn injury occurred, stating the name of such person, the person’s residence if ascertainable, and giving a brief description of the burn or burn injury. Any provision of law or rule of evidence relative to confidential communications is suspended insofar as the provisions of this section are concerned.
2003 Acts, ch 134, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147 - GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS › Section 147.114 - Prior informed consent relative to pelvic examinations — patient under anesthesia or unconscious — penalties.

147.114 Prior informed consent relative to pelvic examinations — patient under anesthesia or unconscious — penalties.
1. A person licensed or certified to practice a profession, or a student undertaking a course of instruction or participating in a clinical training or residency program for a profession, shall not perform a pelvic examination on an anesthetized or unconscious patient unless one of the following conditions is met:
a. The patient or the patient’s authorized representative provides prior written informed consent to the pelvic examination, and the pelvic examination is necessary for preventive, diagnostic, or treatment purposes.
b. The patient or the patient’s authorized representative has provided prior written informed consent to a surgical procedure or diagnostic examination to be performed on the patient, and the performance of a pelvic examination is within the scope of care ordered for that surgical procedure or diagnostic examination.
c. The patient is unconscious and incapable of providing prior informed consent, and the pelvic examination is necessary for diagnostic or treatment purposes.
d. A court has ordered the performance of the pelvic examination for the purposes of collection of evidence.
2. A person who violates this section is subject to the penalty specified under section 147.86, and any professional disciplinary provisions, as applicable.
2017 Acts, ch 174, §111
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147 - GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS › Section 147.136 - Scope of recovery.

147.136 Scope of recovery.
1. Except as otherwise provided in subsection 2, in an action for damages for personal injury against a physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, or nurse licensed to practice that profession in this state, or against a hospital licensed for operation in this state, based on the alleged negligence of the practitioner in the practice of the profession or occupation, or upon the alleged negligence of the hospital in patient care, in which liability is admitted or established, the damages awarded shall not include actual economic losses incurred or to be incurred in the future by the claimant by reason of the personal injury, including but not limited to the cost of reasonable and necessary medical care, rehabilitation services, and custodial care, and the loss of services and loss of earned income, to the extent that those losses are replaced or are indemnified by insurance, or by governmental, employment, or service benefit programs or from any other source.
2. This section shall not bar recovery of economic losses replaced or indemnified by any of the following:
a. Benefits received under the medical assistance program under chapter 249A.
b. The assets of the claimant or of the members of the claimant’s immediate family.
[C77, 79, 81, §147.136]
95 Acts, ch 108, §6; 2008 Acts, ch 1088, §141; 2011 Acts, ch 129, §85, 156; 2020 Acts, ch 1020, §2, 12
Referred to in §668.14, 668.14A
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147 - GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS › Section 147.136A - Noneconomic damage awards against health care providers.

147.136A Noneconomic damage awards against health care providers.
1. For purposes of this section:
a. “Health care provider” means a hospital as defined in section 135B.1, a health care facility as defined in section 135C.1, a health facility as defined in section 135P.1, a physician or an osteopathic physician licensed under chapter 148, a physician assistant licensed and practicing under a supervising physician under chapter 148C, a podiatrist licensed under chapter 149, a chiropractor licensed under chapter 151, a licensed practical nurse, a registered nurse, or an advanced registered nurse practitioner licensed under chapter 152 or 152E, a dentist licensed under chapter 153, an optometrist licensed under chapter 154, a pharmacist licensed under chapter 155A, a professional corporation under chapter 496C that is owned by persons licensed to practice a profession listed in this paragraph, or any other person or entity who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession.
b. “Noneconomic damages” means damages arising from pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering, loss of chance, loss of consortium, or any other nonpecuniary damages.
c. “Occurrence” means the event, incident, or happening, and the acts or omissions incident thereto, which proximately caused injuries or damages for which recovery is claimed by the patient or the patient’s representative.
2. The total amount recoverable in any civil action for noneconomic damages for personal injury or death, whether in tort, contract, or otherwise, against a health care provider shall be limited to two hundred fifty thousand dollars for any occurrence resulting in injury or death of a patient regardless of the number of plaintiffs, derivative claims, theories of liability, or defendants in the civil action, unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or death, which warrants a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained.
3. The limitation on damages contained in this section shall not apply as to a defendant if that defendant’s actions constituted actual malice.
2017 Acts, ch 107, §2, 5; 2018 Acts, ch 1041, §46
Referred to in §147.139, 147.140
Section applies to causes of action that accrue on or after July 1, 2017;
2017 Acts, ch 107, §5
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147 - GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS › Section 147.137 - Consent in writing.

147.137 Consent in writing.
A consent in writing to any medical or surgical procedure or course of procedures in patient care which meets the requirements of this section shall create a presumption that informed consent was given. A consent in writing meets the requirements of this section if it:
1. Sets forth in general terms the nature and purpose of the procedure or procedures, together with the known risks, if any, of death, brain damage, quadriplegia, paraplegia, the loss or loss of function of any organ or limb, or disfiguring scars associated with such procedure or procedures, with the probability of each such risk if reasonably determinable.
2. Acknowledges that the disclosure of that information has been made and that all questions asked about the procedure or procedures have been answered in a satisfactory manner.
3. Is signed by the patient for whom the procedure is to be performed, or if the patient for any reason lacks legal capacity to consent, is signed by a person who has legal authority to consent on behalf of that patient in those circumstances.
[C77, 79, 81, §147.137]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147 - GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS › Section 147.138 - Contingent fee of attorney reviewed by court.

147.138 Contingent fee of attorney reviewed by court.
In any action for personal injury or wrongful death against any physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, or nurse licensed under this chapter or against any hospital licensed under chapter 135B, based upon the alleged negligence of the licensee in the practice of that profession or occupation, or upon the alleged negligence of the hospital in patient care, the court shall determine the reasonableness of any contingent fee arrangement between the plaintiff and the plaintiff’s attorney.
[C77, 79, 81, §147.138]
95 Acts, ch 108, §7; 2008 Acts, ch 1088, §141; 2020 Acts, ch 1020, §3, 12
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147 - GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS › Section 147.139 - Expert witness standards.

147.139 Expert witness standards.
If the standard of care given by a health care provider, as defined in section 147.136A, is at issue, the court shall only allow a person the plaintiff designates as an expert witness to qualify as an expert witness and to testify on the issue of the appropriate standard of care or breach of the standard of care if all of the following are established by the evidence:
1. The person is licensed to practice in the same or a substantially similar field as the defendant, is in good standing in each state of licensure, and in the five years preceding the act or omission alleged to be negligent, has not had a license in any state revoked or suspended.
2. In the five years preceding the act or omission alleged to be negligent, the person actively practiced in the same or a substantially similar field as the defendant or was a qualified instructor at an accredited university in the same field as the defendant.
3. If the defendant is board-certified in a specialty, the person is certified in the same or a substantially similar specialty by a board recognized by the American board of medical specialties, the American osteopathic association, or the council on podiatric medical education.
4. a. If the defendant is a licensed physician or osteopathic physician under chapter 148, the person is a physician or osteopathic physician licensed in this state or another state.
b. If the defendant is a licensed podiatric physician under chapter 149, the person is a physician, osteopathic physician, or a podiatric physician licensed in this state or another state.
86 Acts, ch 1211, §16; 2008 Acts, ch 1088, §98; 2017 Acts, ch 107, §3, 5; 2018 Acts, ch 1172, §46
Referred to in §147.140
2017 amendment applies to causes of action that accrue on or after July 1, 2017;
2017 Acts, ch 107, §5
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147 - GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS › Section 147.140 - Expert witness — certificate of merit affidavit.

147.140 Expert witness — certificate of merit affidavit.
1. a. In any action for personal injury or wrongful death against a health care provider based upon the alleged negligence in the practice of that profession or occupation or in patient care, which includes a cause of action for which expert testimony is necessary to establish a prima facie case, the plaintiff shall, prior to the commencement of discovery in the case and within sixty days of the defendant’s answer, serve upon the defendant a certificate of merit affidavit signed by an expert witness with respect to the issue of standard of care and an alleged breach of the standard of care. The expert witness must meet the qualifying standards of section 147.139.
b. A certificate of merit affidavit must be signed by the expert witness and certify the purpose for calling the expert witness by providing under the oath of the expert witness all of the following:
(1) The expert witness’s statement of familiarity with the applicable standard of care.
(2) The expert witness’s statement that the standard of care was breached by the health care provider named in the petition.
c. A plaintiff shall serve a separate certificate of merit affidavit on each defendant named in the petition.
2. An expert witness’s certificate of merit affidavit does not preclude additional discovery and supplementation of the expert witness’s opinions in accordance with the rules of civil procedure.
3. The parties shall comply with the requirements of section 668.11 and all other applicable law governing certification and disclosure of expert witnesses.
4. The parties by agreement or the court for good cause shown and in response to a motion filed prior to the expiration of the time limits specified in subsection 1 may provide for extensions of the time limits. Good cause shall include but not be limited to the inability to timely obtain the plaintiff’s medical records from health care providers when requested prior to filing the petition.
5. If the plaintiff is acting pro se, the plaintiff shall have the expert witness sign the certificate of merit affidavit or answers to interrogatories referred to in this section and the plaintiff shall be bound by those provisions as if represented by an attorney.
6. Failure to substantially comply with subsection 1 shall result, upon motion, in dismissal with prejudice of each cause of action as to which expert witness testimony is necessary to establish a prima facie case.
7. For purposes of this section, “health care provider” means the same as defined in section 147.136A.
2017 Acts, ch 107, §4, 5
Section applies to causes of action that accrue on or after July 1, 2017;
2017 Acts, ch 107, §5
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147 - GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS › Section 147.162 - Rules and directives relating to opioids.

147.162 Rules and directives relating to opioids.
1. Any board created under this chapter that licenses a prescribing practitioner shall adopt rules under chapter 17A establishing penalties for prescribing practitioners that prescribe opioids in dosage amounts exceeding what would be prescribed by a reasonably prudent prescribing practitioner engaged in the same practice.
2. For the purposes of this section, “prescribing practitioner” means a licensed health care professional with the authority to prescribe prescription drugs including opioids.
2018 Acts, ch 1138, §21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.1A - Lead agency.

147A.1A Lead agency.
The department is designated as the lead agency for coordinating and implementing the provision of emergency medical services in this state. The department shall be the state EMS authority for the purposes of chapter 147D.
93 Acts, ch 58, §2; 2019 Acts, ch 90, §3
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.2 - Council established — terms of office.

147A.2 Council established — terms of office.
1. An EMS advisory council shall be appointed by the director. Membership of the council shall be comprised of individuals nominated from, but not limited to, the following state or national organizations: Iowa osteopathic medical association, Iowa medical society, American college of emergency physicians, Iowa physician assistant society, Iowa academy of family physicians, university of Iowa hospitals and clinics, American academy of emergency medicine, American academy of pediatrics, Iowa EMS association, Iowa firefighters association, Iowa professional fire fighters, EMS education programs committee, Iowa nurses association, Iowa hospital association, and the Iowa state association of counties. The council shall also include at least two at-large members who are volunteer emergency medical care providers and a representative of a private service program.
2. The EMS advisory council shall advise the director and develop policy recommendations concerning the regulation, administration, and coordination of emergency medical services in the state.
95 Acts, ch 41, §10; 98 Acts, ch 1100, §18; 2001 Acts, ch 74, §5; 2010 Acts, ch 1149, §9; 2011 Acts, ch 25, §18
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.3 - Meetings of the council — quorum.

147A.3 Meetings of the council — quorum.
Membership, terms of office, and quorum shall be determined by the director pursuant to chapter 135.
95 Acts, ch 41, §11; 2019 Acts, ch 85, §84
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.4 - Rulemaking authority.

147A.4 Rulemaking authority.
1. a. The department shall adopt rules required or authorized by this subchapter pertaining to the operation of service programs which have received authorization under section 147A.5 to utilize the services of certified emergency medical care providers. These rules shall include but need not be limited to requirements concerning physician supervision, necessary equipment and staffing, and reporting by service programs which have received the authorization pursuant to section 147A.5.
b. The director, pursuant to rule, may grant exceptions and variances from the requirements of rules adopted under this subchapter for any service program. Exceptions or variations shall be reasonably related to undue hardships which existing services experience in complying with this subchapter or the rules adopted pursuant to this subchapter. Services requesting exceptions and variances shall be subject to other applicable rules adopted pursuant to this subchapter.
2. The department shall adopt rules required or authorized by this subchapter pertaining to the examination and certification of emergency medical care providers. These rules shall include but need not be limited to requirements concerning prerequisites, training, and experience for emergency medical care providers and procedures for determining when individuals have met these requirements. The department shall adopt rules to recognize the previous EMS training and experience of emergency medical care providers transitioning to the emergency medical responder, emergency medical technician, advanced emergency medical technician, and paramedic levels. The department may require additional training and examinations as necessary and appropriate to ensure that individuals seeking transition to another level have met the knowledge and skill requirements. All requirements for transition to another level, including fees, shall be adopted by rule.
3. The department shall establish the fee for the examination of the emergency medical care providers to cover the administrative costs of the examination program.
4. The department shall adopt rules required or authorized by this subchapter pertaining to the operation of training programs. These rules shall include but need not be limited to requirements concerning curricula, resources, facilities, and staff.
5. The department shall recognize the practice requirements of recognition of the emergency medical services personnel licensure interstate compact, chapter 147D, and shall adopt rules necessary for the implementation of the compact.
[C79, 81, §147A.4; 82 Acts, ch 1005, §1, 2]
84 Acts, ch 1287, §4; 86 Acts, ch 1245, §1143; 89 Acts, ch 89, §7; 93 Acts, ch 58, §3; 95 Acts, ch 41, §12, 28; 99 Acts, ch 141, §22; 2009 Acts, ch 133, §198; 2010 Acts, ch 1149, §10; 2019 Acts, ch 90, §4
Referred to in §147A.6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.5 - Applications for emergency medical care services — approval — denial, probation, suspension, or revocation.

147A.5 Applications for emergency medical care services — approval — denial, probation, suspension, or revocation.
1. A service program in this state that desires to provide emergency medical care in the out-of-hospital setting shall apply to the department for authorization to establish a program for delivery of the care at the scene of an emergency, during transportation to a hospital, during transfer from one medical care facility to another or to a private residence, or while in the hospital emergency department, and until care is directly assumed by a physician or by authorized hospital personnel.
2. The department shall approve an application submitted in accordance with subsection 1 when the department is satisfied that the program proposed by the application will be operated in compliance with this subchapter and the rules adopted pursuant to this subchapter.
3. The department may deny an application for authorization, or may place on probation, suspend or revoke the authorization of, or otherwise discipline a service program with an existing authorization if the department finds that the service program has not been or will not be operated in compliance with this subchapter and the rules adopted pursuant to this subchapter, or that there is insufficient assurance of adequate protection for the public. The authorization denial or period of probation, suspension, or revocation, or other disciplinary action shall be effected and may be appealed as provided by section 17A.12.
[C79, 81, §147A.5]
84 Acts, ch 1287, §5; 86 Acts, ch 1245, §1144; 89 Acts, ch 89, §8; 95 Acts, ch 41, §13; 2010 Acts, ch 1149, §11
Referred to in §147A.1, 147A.4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.6 - Emergency medical care provider certificates — fees and renewal.

147A.6 Emergency medical care provider certificates — fees and renewal.
1. The department, upon initial application and receipt of the prescribed initial application fee, shall issue a certificate to an individual who has met all of the requirements for emergency medical care provider certification established by the rules adopted under section 147A.4, subsection 2. All fees received pursuant to this section shall be retained by the department. The moneys retained by the department shall be used for any of the department’s duties under this chapter, including but not limited to the addition of full-time equivalent positions for program services and investigations. Revenues retained by the department pursuant to this section shall be considered repayment receipts as defined in section 8.2. Notwithstanding section 8.33, moneys retained by the department pursuant to this section are not subject to reversion to the general fund of the state.
2. The department, upon renewal application and receipt of the prescribed renewal application fee, shall issue a certificate to an individual who has met all of the requirements for emergency medical care provider certification established by the rules adopted under section 147A.4, subsection 2. All fees collected pursuant to this section shall be deposited in the emergency medical services fund established in section 135.25.
3. Emergency medical care provider certificates are valid for the multiyear period determined by the department, unless sooner suspended or revoked. The certificate shall be renewed upon application of the holder and receipt of the prescribed fee if the holder has satisfactorily completed continuing medical education programs as required by rule.
[C79, 81, §147A.6; 82 Acts, ch 1005, §3]
84 Acts, ch 1287, §6; 89 Acts, ch 89, §9; 93 Acts, ch 58, §7; 95 Acts, ch 41, §14; 97 Acts, ch 6, §1; 2019 Acts, ch 90, §5
Referred to in §232.68
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.7 - Denial, suspension, or revocation of certificates — hearing — appeal.

147A.7 Denial, suspension, or revocation of certificates — hearing — appeal.
1. The department may deny an application for issuance or renewal of an emergency medical care provider certificate, or suspend or revoke the certificate when it finds that the applicant or certificate holder is guilty of any of the following acts or offenses:
a. Negligence in performing authorized services.
b. Failure to follow the directions of the supervising physician.
c. Rendering treatment not authorized under this subchapter.
d. Fraud in procuring certification.
e. Professional incompetency.
f. Knowingly making misleading, deceptive, untrue, or fraudulent representation in the practice of a profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.
g. Habitual intoxication or addiction to the use of drugs.
h. Fraud in representations as to skill or ability.
i. Willful or repeated violations of this subchapter or of rules adopted pursuant to this subchapter.
j. Having certification to practice as an emergency medical care provider revoked or suspended, or having other disciplinary action taken by a licensing or certifying authority of another state, territory, or country. A certified copy of the record or order of suspension, revocation, or disciplinary action is conclusive or prima facie evidence.
2. A determination of mental incompetence by a court of competent jurisdiction automatically suspends a certificate for the duration of the certificate unless the department orders otherwise.
3. A denial, suspension, or revocation under this section shall be effected, and may be appealed in accordance with the rules of the department established pursuant to chapter 272C.
[C79, 81, §147A.7]
84 Acts, ch 1287, §7; 89 Acts, ch 89, §10; 93 Acts, ch 58, §4, 7; 95 Acts, ch 41, §15, 16; 99 Acts, ch 141, §23; 2020 Acts, ch 1103, §13, 31
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.9 - Remote supervision — emergency communication failure — authorization to initiate emergency procedures.

147A.9 Remote supervision — emergency communication failure — authorization to initiate emergency procedures.
1. When voice contact or a telemetered electrocardiogram is monitored by a physician, physician’s designee, or physician assistant, and direct communication is maintained, an emergency medical care provider may upon order of the monitoring physician or upon standing orders of a physician transmitted by the monitoring physician’s designee or physician assistant perform any emergency medical care procedure for which that emergency medical care provider is certified.
2. If communications fail during an emergency or nonemergency situation, the emergency medical care provider may perform any emergency medical care procedure for which that individual is certified and which is included in written protocols if in the judgment of the emergency medical care provider the life of the patient is in immediate danger and such care is required to preserve the patient’s life.
3. The department shall adopt rules to authorize medical care procedures which can be initiated in accordance with written protocols prior to the establishment of communication.
[C79, 81, §147A.9]
84 Acts, ch 1287, §9; 89 Acts, ch 89, §12; 93 Acts, ch 58, §6, 7; 93 Acts, ch 107, §2; 95 Acts, ch 41, §18; 99 Acts, ch 141, §25
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.10 - Exemptions from liability in certain circumstances.

147A.10 Exemptions from liability in certain circumstances.
1. A physician, physician’s designee, advanced registered nurse practitioner, or physician assistant who gives orders, either directly or via communications equipment from some other point, or via standing protocols to an appropriately certified emergency medical care provider, registered nurse, or licensed practical nurse at the scene of an emergency, and an appropriately certified emergency medical care provider, registered nurse, or licensed practical nurse following the orders, are not subject to criminal liability by reason of having issued or executed the orders, and are not liable for civil damages for acts or omissions relating to the issuance or execution of the orders unless the acts or omissions constitute recklessness.
2. A physician, physician’s designee, advanced registered nurse practitioner, physician assistant, registered nurse, licensed practical nurse, or emergency medical care provider shall not be subject to civil liability solely by reason of failure to obtain consent before rendering emergency medical, surgical, hospital or health services to any individual, regardless of age, when the patient is unable to give consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care.
3. An act of commission or omission of any appropriately certified emergency medical care provider, registered nurse, licensed practical nurse, or physician assistant, while rendering emergency medical care under the responsible supervision and control of a physician to a person who is deemed by them to be in immediate danger of serious injury or loss of life, shall not impose any liability upon the certified emergency medical care provider, registered nurse, licensed practical nurse, or physician assistant, the supervising physician, physician designee, advanced registered nurse practitioner, or any hospital, or upon the state, or any county, city or other political subdivision, or the employees of any of these entities; provided that this section shall not relieve any person of liability for civil damages for any act of commission or omission which constitutes recklessness.
[C79, 81, §147A.10]
84 Acts, ch 1287, §10; 89 Acts, ch 89, §13; 93 Acts, ch 107, §3; 95 Acts, ch 41, §19
Referred to in §147A.12
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.11 - Prohibited acts.

147A.11 Prohibited acts.
1. Any person not certified as required by this subchapter who claims to be an emergency medical care provider, or who uses any other term to indicate or imply that the person is an emergency medical care provider, or who acts as an emergency medical care provider without having obtained the appropriate certificate under this subchapter, is guilty of a class “D” felony.
2. An owner of an unauthorized service program in this state who operates or purports to operate a service program, or who uses any term to indicate or imply authorization without having obtained the appropriate authorization under this subchapter, is guilty of a class “D” felony.
3. Any person who imparts or conveys, or causes to be imparted or conveyed, or attempts to impart or convey false information concerning the need for assistance of a service program or of any personnel or equipment thereof, knowing such information to be false, is guilty of a serious misdemeanor.
[C79, 81, §147A.11]
84 Acts, ch 1287, §11; 89 Acts, ch 89, §14; 95 Acts, ch 41, §20; 2010 Acts, ch 1149, §13
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.12 - Registered nurse exception.

147A.12 Registered nurse exception.
1. This subchapter does not restrict a registered nurse, licensed pursuant to chapter 152, from staffing an authorized service program provided the registered nurse can document equivalency through education and additional skills training essential in the delivery of out-of-hospital emergency care. The equivalency shall be accepted when:
a. Documentation has been reviewed and approved at the local level by the medical director of the service program in accordance with the rules of the board of nursing developed jointly with the department.
b. Authorization has been granted to that service program by the department.
2. Section 147A.10 applies to a registered nurse in compliance with this section.
84 Acts, ch 1287, §12; 85 Acts, ch 129, §1; 89 Acts, ch 89, §15; 95 Acts, ch 41, §21; 2010 Acts, ch 1149, §14
Referred to in §135.190A, 147A.1, 233.1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.13 - Physician assistant exception.

147A.13 Physician assistant exception.
This subchapter does not restrict a physician assistant, licensed pursuant to chapter 148C, from staffing an authorized service program if the physician assistant can document equivalency through education and additional skills training essential in the delivery of out-of-hospital emergency care. The equivalency shall be accepted when:
1. Documentation has been reviewed and approved at the local level by the medical director of the service program in accordance with the rules of the board of physician assistants developed after consultation with the department.
2. Authorization has been granted to that service program by the department.
93 Acts, ch 107, §4; 95 Acts, ch 41, §22; 2007 Acts, ch 10, §85; 2010 Acts, ch 1149, §15
Referred to in §135.190A, 147A.1, 233.1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.15 - Automated external defibrillator equipment — penalty.

147A.15 Automated external defibrillator equipment — penalty.
Any person who damages, wrongfully takes or withholds, or removes any component of automated external defibrillator equipment located in a public or privately owned location, including batteries installed to operate the equipment, is guilty of a serious misdemeanor.
2006 Acts, ch 1184, §89
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.16 - Exception for care within scope of certification.

147A.16 Exception for care within scope of certification.
1. This subchapter does not apply to a registered member of the national ski patrol system, an industrial safety officer, a lifeguard, or a person employed or volunteering in a similar capacity in which the person provides on-site emergency medical care at a facility solely to the patrons or employees of that facility, provided that such person provides emergency medical care only within the scope of the person’s training and certification and the person does not claim to be a certified emergency medical care provider or use any other term to indicate or imply that the person is a certified emergency medical care provider.
2. This subchapter does not apply to the national ski patrol system or any similar system in which the system provides on-site emergency medical care at a facility solely to the patrons or employees of that facility, provided that such system does not provide transportation to a hospital or other medical facility and provided that such system does not use any term to indicate or imply authorization to transport patients to a hospital or other medical facility without having obtained proper authorization to transport patients to a hospital or other medical facility under this subchapter.
2006 Acts, ch 1078, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.17 - Applications for emergency medical care services training programs — approval or denial — disciplinary actions.

147A.17 Applications for emergency medical care services training programs — approval or denial — disciplinary actions.
1. An Iowa college approved by the higher learning commission, an Iowa hospital in this state, or a medical care ambulance service or nontransport service that desires to provide emergency medical care services training leading to certification as an emergency medical care provider shall apply to the department for authorization to establish a training program.
2. The department shall approve an application submitted in accordance with subsection 1 when the department is satisfied that the program proposed by the application will be operated in compliance with this subchapter and the rules adopted pursuant to this subchapter.
3. The department may deny an application for authorization, or may place on probation, suspend or revoke the authorization of, or otherwise discipline a training program with an existing authorization if the department finds reason to believe the program has not been or will not be operated in compliance with this subchapter and the rules adopted pursuant to this subchapter, or that there is insufficient assurance of adequate protection for the public. The authorization denial, period of probation, suspension, or revocation, or other disciplinary action shall be effected and may be appealed as provided by section 17A.12.
2010 Acts, ch 1149, §16; 2015 Acts, ch 29, §114; 2021 Acts, ch 174, §62, 63
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.18 - Possession and administration of an opioid antagonist — immunity.

147A.18 Possession and administration of an opioid antagonist — immunity.
1. a. Notwithstanding any other provision of law to the contrary, a licensed health care professional may prescribe an opioid antagonist in the name of a service program, law enforcement agency, or fire department to be maintained for use as provided in this section.
b. (1) Notwithstanding any other provision of law to the contrary, a pharmacist licensed under chapter 155A may, by standing order or through collaborative agreement, dispense, furnish, or otherwise provide an opioid antagonist in the name of a service program, law enforcement agency, or fire department to be maintained for use as provided in this section.
(2) A pharmacist who dispenses, furnishes, or otherwise provides an opioid antagonist pursuant to a valid prescription, standing order, or collaborative agreement shall provide instruction to the recipient in accordance with the protocols and instructions developed by the department under this section.
2. A service program, law enforcement agency, or fire department may obtain a prescription for and maintain a supply of opioid antagonists. A service program, law enforcement agency, or fire department that obtains such a prescription shall replace an opioid antagonist upon its use or expiration.
3. A first responder employed by a service program, law enforcement agency, or fire department that maintains a supply of opioid antagonists pursuant to this section may possess and provide or administer such an opioid antagonist to an individual if the first responder reasonably and in good faith believes that such individual is experiencing an opioid-related overdose.
4. The following persons, provided they have acted reasonably and in good faith, shall not be liable for any injury arising from the provision, administration, or assistance in the administration of an opioid antagonist as provided in this section:
a. A first responder who provides, administers, or assists in the administration of an opioid antagonist to an individual as provided in this section.
b. A service program, law enforcement agency, or fire department.
c. The prescriber of the opioid antagonist.
5. The department may adopt rules pursuant to chapter 17A to implement and administer this section.
2016 Acts, ch 1061, §3; 2016 Acts, ch 1139, §71 – 75
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.21 - Definitions.

147A.21 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. “Categorization” means a preliminary determination by the department that a hospital or emergency care facility is capable of providing trauma care in accordance with criteria adopted pursuant to chapter 17A for level I, II, III, and IV care capabilities.
2. “Department” means the Iowa department of public health.
3. “Director” means the director of public health.
4. “Emergency care facility” means a physician’s office, clinic, or other health care center which provides emergency medical care in conjunction with other primary care services.
5. “Hospital” means a facility licensed under chapter 135B, or a comparable emergency care facility located and licensed in another state.
6. “Trauma” means a single or multisystem life-threatening or limb-threatening injury, or an injury requiring immediate medical or surgical intervention or treatment to prevent death or permanent disability.
7. “Trauma care facility” means a hospital or emergency care facility which provides trauma care and has been verified by the department as having level I, II, III, or IV care capabilities and issued a certificate of verification pursuant to section 147A.23, subsection 2, paragraph “c”.
8. “Trauma care system” means an organized approach to providing personnel, facilities, and equipment for effective and coordinated trauma care.
9. “Verification” means a formal process by which the department certifies a hospital or emergency care facility’s capacity to provide trauma care in accordance with criteria established for level I, II, III, and IV trauma care facilities.
95 Acts, ch 40, §2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.22 - Legislative findings and intent — purpose.

147A.22 Legislative findings and intent — purpose.
The general assembly finds the following:
1. Trauma is a serious health problem in the state of Iowa and is the leading cause of death of younger Iowans. The death and disability associated with traumatic injury contributes to the significant medical expenses and lost work, and adversely affects the productivity of Iowans.
2. Optimal trauma care is limited in many parts of the state. With health care delivery in transition, access to quality trauma and emergency medical care continues to challenge our rural communities.
3. The goal of a statewide trauma care system is to coordinate the medical needs of the injured person with an integrated system of optimal and cost-effective trauma care. The result of a well-coordinated statewide trauma care system is to reduce the incidences of inadequate trauma care and preventable deaths, minimize human suffering, and decrease the costs associated with preventable mortality and morbidity.
4. The development of the Iowa trauma care system will achieve these goals while meeting the unique needs of the rural residents of the state.
95 Acts, ch 40, §3
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.23 - Trauma care system development.

147A.23 Trauma care system development.
1. The department is designated as a lead agency in this state responsible for the development of a statewide trauma care system.
2. The department, in consultation with the trauma system advisory council, shall develop, coordinate, and monitor a statewide trauma care system. This system shall include, but not be limited to, the following:
a. The categorization of all hospitals and emergency care facilities by the department as to their capacity to provide trauma care services. The categorization shall be determined by the department from self-reported information provided to the department by the hospital or emergency care facility. This categorization shall not be construed to imply any guarantee on the part of the department as to the level of trauma care services available at the hospital or emergency care facility.
b. The issuance of a certificate of verification of all categorized hospitals and emergency care facilities from the department at the level preferred by the hospital or emergency care facility. The standards and verification process shall be established by rule and may vary as appropriate by level of trauma care capability. To the extent possible, the standards and verification process shall be coordinated with other applicable accreditation and licensing standards.
c. Upon verification and the issuance of a certificate of verification, a hospital or emergency care facility agrees to maintain a level of commitment and resources sufficient to meet responsibilities and standards as required by the trauma care criteria established by rule under this subchapter. Verifications are valid for a period of three years or as determined by the department and are renewable. As part of the verification and renewal process, the department may conduct periodic on-site reviews of the services and facilities of the hospital or emergency care facility.
d. The department is responsible for the funding of the administrative costs of this subchapter. Any funds received by the department for this purpose shall be deposited in the emergency medical services fund established in section 135.25.
e. This section shall not be construed to limit the number and distribution of level I, II, III, and IV categorized and verified trauma care facilities in a community or region.
95 Acts, ch 40, §4
Referred to in §147A.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.26 - Trauma registry.

147A.26 Trauma registry.
1. The department shall maintain a statewide trauma reporting system by which the trauma system advisory council and the department may monitor the effectiveness of the statewide trauma care system.
2. The data collected by and furnished to the department pursuant to this section are confidential records of the condition, diagnosis, care, or treatment of patients or former patients, including outpatients, pursuant to section 22.7. The compilations prepared for release or dissemination from the data collected are not confidential under section 22.7, subsection 2. However, information which individually identifies patients shall not be disclosed and state and federal law regarding patient confidentiality shall apply.
3. To the extent possible, activities under this section shall be coordinated with other health data collection methods.
95 Acts, ch 40, §7; 96 Acts, ch 1079, §7; 2013 Acts, ch 129, §53
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.27 - Department to adopt rules.

147A.27 Department to adopt rules.
The department shall adopt rules, pursuant to chapter 17A, to implement the Iowa trauma care system plan, which specify all of the following:
1. Standards for trauma care.
2. Triage and transfer protocols.
3. Trauma registry procedures and policies.
4. Trauma care education and training requirements.
5. Hospital and emergency care facility categorization criteria.
6. Procedures for approval, denial, probation, and revocation of certificates of verification.
95 Acts, ch 40, §8
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 147A - EMERGENCY MEDICAL CARE — TRAUMA CARE › Section 147A.28 - Prohibited acts.

147A.28 Prohibited acts.
A hospital or emergency care facility that imparts or conveys, or causes to be imparted or conveyed, that it is a trauma care facility, or that uses any other term to indicate or imply that the hospital or emergency care facility is a trauma care facility without having obtained a certificate of verification under this subchapter is subject to a civil penalty not to exceed one hundred dollars per day for each offense. In addition, the director may apply to the district court for a writ of injunction to restrain the use of the term “trauma care facility”. However, nothing in this subchapter shall be construed to restrict a hospital or emergency facility from providing any services for which it is duly authorized.
95 Acts, ch 40, §9; 95 Acts, ch 209, §21