reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.33 - Refusal of board to enforce rules.

135.33 Refusal of board to enforce rules.
If any local board shall fail to enforce the rules of the state department or carry out its lawful directions, the department may enforce the same within the territorial jurisdiction of such local board, and for that purpose it may exercise all of the powers given by statute to the local board, and may employ the necessary assistants to carry out its lawful directions.
[C97, §2572; S13, §2569-a, 2572; C24, 27, 31, 35, 39, §2212; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135.33]
Powers of local board, chapter 137
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.34 - Expenses for enforcing rules.

135.34 Expenses for enforcing rules.
All expenses incurred by the state department in determining whether its rules are enforced by a local board, and in enforcing the same when a local board has failed to do so, shall be paid in the same manner as the expenses of enforcing such rules when enforced by the local board.
[S13, §2572; C24, 27, 31, 35, 39, §2213; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135.34]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.35 - Duty of peace officers.

135.35 Duty of peace officers.
All peace officers of the state when called upon by the department shall enforce its rules and execute the lawful orders of the department within their respective jurisdictions.
[C97, §2572; S13, §2572; C24, 27, 31, 35, 39, §2214; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135.35]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.36 - Interference with health officer — penalties.

135.36 Interference with health officer — penalties.
Any person resisting or interfering with the department, its employees, or authorized agents, in the discharge of any duty imposed by law shall be guilty of a simple misdemeanor.
[C24, 27, 31, 35, 39, §2215; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135.36]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.37 - Tattooing — permit requirement — penalty.

135.37 Tattooing — permit requirement — penalty.
1. A person shall not own, control and lease, act as an agent for, conduct, manage, or operate an establishment to practice the art of tattooing or engage in the practice of tattooing without first applying for and receiving a permit from the Iowa department of public health.
2. A minor shall not obtain a tattoo and a person shall not provide a tattoo to a minor. For the purposes of this section, “minor” means an unmarried person who is under the age of eighteen years.
3. A person who fails to meet the requirements of subsection 1 or a person providing a tattoo to a minor is guilty of a serious misdemeanor.
4. The Iowa department of public health shall:
a. Adopt rules pursuant to chapter 17A and establish and collect all fees necessary to administer this section. The provisions of chapter 17A, including licensing provisions, judicial review, and appeal, shall apply to this chapter.
b. Establish minimum safety and sanitation criteria for the operation of tattooing establishments.
5. If the Iowa department of public health determines that a provision of this section has been or is being violated, the department may order that a tattooing establishment not be operated until the necessary corrective action has been taken. If the establishment continues to be operated in violation of the order of the department, the department may request that the county attorney or the attorney general make an application in the name of the state to the district court of the county in which the violations have occurred for an order to enjoin the violations. This remedy is in addition to any other legal remedy available to the department.
6. As necessary to avoid duplication and promote coordination of public health inspection and enforcement activities, the department may enter into agreements with local boards of health to provide for inspection of tattooing establishments and enforcement activities in accordance with the rules and criteria implemented under this section.
89 Acts, ch 154, §1; 2008 Acts, ch 1058, §4; 2009 Acts, ch 133, §33
Referred to in §157.3A
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.37A - Natural hair braiding.

135.37A Natural hair braiding.
A person shall register with the department in order to perform a commercial service involving natural hair braiding. For purposes of this section, “natural hair braiding” means a method of natural hair care consisting of braiding, locking, twisting, weaving, cornrowing, or otherwise physically manipulating hair without the use of chemicals to alter the hair’s physical characteristics that incorporates both traditional and modern styling techniques.
2016 Acts, ch 1138, §12
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.38 - Penalty.

135.38 Penalty.
Any person who knowingly violates any provision of this chapter, or of the rules of the department, or any lawful order, written or oral, of the department or of its officers, or authorized agents, shall be guilty of a simple misdemeanor.
[C73, §419; C97, §2573; S13, §2575-a6; C24, 27, 31, 35, 39, §2217; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135.38]
Referred to in §135.39E
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.39 - Federal aid.

135.39 Federal aid.
The state department of public health is hereby authorized to accept financial aid from the government of the United States for the purpose of assisting in carrying on public health or substance abuse responsibility in the state of Iowa.
[C31, 35, §2217-c1; C39, §2217.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135.39]
86 Acts, ch 1245, §1108
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.39A - Gifts and grants fund — appropriation.

135.39A Gifts and grants fund — appropriation.
The department is authorized to accept gifts, grants, or allotments of funds from any source to be used for programs authorized by this chapter or any other chapter which the department is responsible for administering. A public health gifts and grants fund is created as a separate fund in the state treasury under the control of the department. The fund shall consist of gift or grant moneys obtained from any source, including the federal government. The moneys collected under this section and deposited in the fund are appropriated to the department for the public health purposes specified in the gift or grant. Moneys in the fund shall not be subject to appropriation or expenditure for any other purpose. Notwithstanding section 8.33, moneys in the public health gifts and grants fund at the end of each fiscal year shall not revert to any other fund but shall remain in the public health gifts and grants fund for expenditure for subsequent fiscal years.
2004 Acts, ch 1168, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.39B - Early childhood immunizations — content.

135.39B Early childhood immunizations — content.
1. Beginning January 1, 2006, early childhood immunizations administered in this state shall not contain more than trace amounts of mercury.
2. For the purposes of this section:
a. “Early childhood immunizations” means immunizations administered to children under eight years of age, unless otherwise provided in this section.
b. “Trace amounts” means trace amounts as defined by the United States food and drug administration.
3. The prohibition under this section shall not apply to early childhood immunizations for influenza or in times of emergency or epidemic as determined by the director of public health. If an emergency or epidemic is determined to exist by the director of public health under this subsection, the director of public health shall notify the state board of health, the governor, and the legislative council, and shall notify the public upon request.
2004 Acts, ch 1159, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.39E - Fluoridation in public water supply — notice of discontinuance.

135.39E Fluoridation in public water supply — notice of discontinuance.
1. At least ninety days prior to taking any action to permanently discontinue fluoridation in its water supply, an owner or operator of a public water supply system, as defined in section 455B.171, shall provide notice to the oral and health delivery systems bureau established in section 135.15 and the public water supply system’s customers.
2. In order to provide notice to its customers, the owner or operator of the public water supply system shall place a notice on each customer’s water bill or provide notice in a way that is reasonably calculated so that all customers will receive the notice.
3. Section 135.38 does not apply to violations of this section.
2021 Acts, ch 63, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.40 - Collection and distribution of information.

135.40 Collection and distribution of information.
1. Any person, hospital, sanatorium, nursing or rest home, or other organization may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to the department, the Iowa medical society or any of its allied medical societies, the Iowa osteopathic medical association, any in-hospital staff committee, or the Iowa healthcare collaborative, to be used in the course of any study for the purpose of reducing morbidity or mortality, and no liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization that has acted reasonably and in good faith, by reason of having provided such information or material, or by reason of having released or published the findings and conclusions of such groups to advance medical research and medical education, or by reason of having released or published generally a summary of such studies.
2. For the purposes of this section, and section 135.41, the “Iowa healthcare collaborative” means an organization which is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code and which is established to provide direction to promote quality, safety, and value improvement collaborative efforts by hospitals and physicians.
[C66, 71, 73, 75, 77, 79, 81, §135.40]
2006 Acts, ch 1128, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.41 - Publication.

135.41 Publication.
The department, the Iowa medical society or any of its allied medical societies, the Iowa osteopathic medical association, any in-hospital staff committee, or the Iowa healthcare collaborative shall use or publish said material only for the purpose of advancing medical research or medical education in the interest of reducing morbidity or mortality, except that a summary of such studies may be released by any such group for general publication. In all events the identity of any person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances. A violation of this section shall constitute a simple misdemeanor.
[C66, 71, 73, 75, 77, 79, 81, §135.41]
2006 Acts, ch 1128, §2
Referred to in §135.40
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.42 - Unlawful use.

135.42 Unlawful use.
All information, interviews, reports, statements, memoranda, or other data furnished in accordance with this subchapter and any findings or conclusions resulting from such studies shall not be used or offered or received in evidence in any legal proceedings of any kind or character, but nothing contained in this subchapter shall be construed as affecting the admissibility as evidence of the primary medical or hospital records pertaining to the patient or of any other writing, record or reproduction thereof not contemplated by this subchapter.
[C66, 71, 73, 75, 77, 79, 81, §135.42]
2019 Acts, ch 24, §104; 2020 Acts, ch 1063, §59
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.65 - Letter of intent to precede application — review and comment.

135.65 Letter of intent to precede application — review and comment.
1. Before applying for a certificate of need, the sponsor of a proposed new institutional health service or changed institutional health service shall submit to the department a letter of intent to offer or develop a service requiring a certificate of need. The letter shall be submitted as soon as possible after initiation of the applicant’s planning process, and in any case not less than thirty days before applying for a certificate of need and before substantial expenditures to offer or develop the service are made. The letter shall include a brief description of the proposed new or changed service, its location, and its estimated cost.
2. Upon request of the sponsor of the proposed new or changed service, the department shall make a preliminary review of the letter for the purpose of informing the sponsor of the project of any factors which may appear likely to result in denial of a certificate of need, based on the criteria for evaluation of applications in section 135.64. A comment by the department under this section shall not constitute a final decision.
[C79, 81, §135.65]
91 Acts, ch 225, §6; 97 Acts, ch 93, §9
Referred to in §135.67
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.66 - Procedure upon receipt of application — public notification.

135.66 Procedure upon receipt of application — public notification.
1. Within fifteen business days after receipt of an application for a certificate of need, the department shall examine the application for form and completeness and accept or reject it. An application shall be rejected only if it fails to provide all information required by the department pursuant to section 135.63, subsection 1. The department shall promptly return to the applicant any rejected application, with an explanation of the reasons for its rejection.
2. Upon acceptance of an application for a certificate of need, the department shall promptly undertake to notify all affected persons in writing that formal review of the application has been initiated. Notification to those affected persons who are consumers or third-party payers or other payers for health services may be provided by distribution of the pertinent information to the news media.
3. Each application accepted by the department shall be formally reviewed for the purpose of furnishing to the council the information necessary to enable it to determine whether or not to grant the certificate of need. A formal review shall consist at a minimum of the following steps:
a. Evaluation of the application against the criteria specified in section 135.64.
b. A public hearing on the application, to be held prior to completion of the evaluation required by paragraph “a”, shall be conducted by the council.
4. When a hearing is to be held pursuant to subsection 3, paragraph “b”, the department shall give at least ten days’ notice of the time and place of the hearing. At the hearing, any affected person or that person’s designated representative shall have the opportunity to present testimony.
[C79, 81, §135.66]
91 Acts, ch 225, §7
Referred to in §135.70
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.67 - Summary review procedure.

135.67 Summary review procedure.
1. The department may waive the letter of intent procedures prescribed by section 135.65 and substitute a summary review procedure, which shall be established by rules of the department, when it accepts an application for a certificate of need for a project which meets any of the criteria in paragraphs “a” through “e”:
a. A project which is limited to repair or replacement of a facility or equipment damaged or destroyed by a disaster, and which will not expand the facility nor increase the services provided beyond the level existing prior to the disaster.
b. A project necessary to enable the facility or service to achieve or maintain compliance with federal, state, or other appropriate licensing, certification, or safety requirements.
c. A project which will not change the existing bed capacity of the applicant’s facility or service, as determined by the department, by more than ten percent or ten beds, whichever is less, over a two-year period.
d. A project the total cost of which will not exceed one hundred fifty thousand dollars.
e. Any other project for which the applicant proposes and the department agrees to summary review.
2. The department’s decision to disallow a summary review shall be binding upon the applicant.
[C79, 81, §135.67]
91 Acts, ch 225, §8 – 10; 2009 Acts, ch 41, §191
Referred to in §135.72
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.68 - Status reports on review in progress.

135.68 Status reports on review in progress.
While formal review of an application for a certificate of need is in progress, the department shall upon request inform any affected person of the status of the review, any findings which have been made in the course of the review, and any other appropriate information concerning the review.
[C79, 81, §135.68]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.69 - Council to make final decision.

135.69 Council to make final decision.
1. The department shall complete its formal review of the application within ninety days after acceptance of the application, except as otherwise provided by section 135.72, subsection 4. Upon completion of the formal review, the council shall approve or deny the application. The council shall issue written findings stating the basis for its decision on the application, and the department shall send copies of the council’s decision and the written findings supporting the decision to the applicant and to any other person who so requests.
2. Failure by the council to issue a written decision on an application for a certificate of need within the time required by this section shall constitute denial of and final administrative action on the application.
[C79, 81, §135.69]
91 Acts, ch 225, §11; 2018 Acts, ch 1041, §127
Referred to in §135.62, 135.70, 135.72
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.70 - Appeal of certificate of need decisions.

135.70 Appeal of certificate of need decisions.
The council’s decision on an application for certificate of need, when announced pursuant to section 135.69, is a final decision. Any dissatisfied party who is an affected person with respect to the application, and who participated or sought unsuccessfully to participate in the formal review procedure prescribed by section 135.66, may request a rehearing in accordance with chapter 17A and rules of the department. If a rehearing is not requested or an affected party remains dissatisfied after the request for rehearing, an appeal may be taken in the manner provided by chapter 17A. Notwithstanding the Iowa administrative procedure Act, chapter 17A, a request for rehearing is not required, prior to appeal under section 17A.19.
[C79, 81, §135.70]
91 Acts, ch 225, §12
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.71 - Period for which certificate is valid — extension or revocation.

135.71 Period for which certificate is valid — extension or revocation.
1. A certificate of need shall be valid for a maximum of one year from the date of issuance. Upon the expiration of the certificate, or at any earlier time while the certificate is valid the holder thereof shall provide the department such information on the development of the project covered by the certificate as the department may request. The council shall determine at the end of the certification period whether sufficient progress is being made on the development of the project. The certificate of need may be extended by the council for additional periods of time as are reasonably necessary to expeditiously complete the project, but may be revoked by the council at the end of the first or any subsequent certification period for insufficient progress in developing the project.
2. Upon expiration of certificate of need, and prior to extension thereof, any affected person shall have the right to submit to the department information which may be relevant to the question of granting an extension. The department may call a public hearing for this purpose.
[C79, 81, §135.71]
97 Acts, ch 93, §10; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.72 - Authority to adopt rules.

135.72 Authority to adopt rules.
The department shall adopt, with approval of the council, such administrative rules as are necessary to enable it to implement this subchapter. These rules shall include:
1. Additional procedures and criteria for review of applications for certificates of need.
2. Uniform procedures for variations in application of criteria specified by section 135.64 for use in formal review of applications for certificates of need, when such variations are appropriate to the purpose of a particular review or to the type of institutional health service proposed in the application being reviewed.
3. Uniform procedures for summary reviews conducted under section 135.67.
4. Criteria for determining when it is not feasible to complete formal review of an application for a certificate of need within the time limits specified in section 135.69. The rules adopted under this subsection shall include criteria for determining whether an application proposes introduction of technologically innovative equipment, and if so, procedures to be followed in reviewing the application. However, a rule adopted under this subsection shall not permit a deferral of more than sixty days beyond the time when a decision is required under section 135.69, unless both the applicant and the department agree to a longer deferment.
[C79, 81, §135.72]
91 Acts, ch 225, §13; 2019 Acts, ch 24, §104
Referred to in §135.69
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.74 - Uniform financial reporting.

135.74 Uniform financial reporting.
1. The department, after study and in consultation with any advisory committees which may be established pursuant to law, shall promulgate by rule pursuant to chapter 17A uniform methods of financial reporting, including such allocation methods as may be prescribed, by which hospitals and health care facilities shall respectively record their revenues, expenses, other income, other outlays, assets and liabilities, and units of service, according to functional activity center. These uniform methods of financial reporting shall not preclude a hospital or health care facility from using any accounting methods for its own purposes provided these accounting methods can be reconciled to the uniform methods of financial reporting prescribed by the department and can be audited for validity and completeness. Each hospital and each health care facility shall adopt the appropriate system for its fiscal year, effective upon such date as the department shall direct.
2. In establishing uniform methods of financial reporting, the department shall consider all of the following:
a. The existing systems of accounting and reporting currently utilized by hospitals and health care facilities.
b. Differences among hospitals and health care facilities, respectively, according to size, financial structure, methods of payment for services, and scope, type and method of providing services.
c. Other pertinent distinguishing factors.
3. The department shall, where appropriate, provide for modification, consistent with the purposes of this subchapter, of reporting requirements to correctly reflect the differences among hospitals and among health care facilities referred to in subsection 2, and to avoid otherwise unduly burdensome costs in meeting the requirements of uniform methods of financial reporting.
4. The uniform financial reporting methods, where appropriate, shall be structured so as to establish and differentiate costs incurred for patient-related services rendered by hospitals and health care facilities, as distinguished from those incurred in the course of educational, research and other nonpatient-related activities including but not limited to charitable activities of these hospitals and health care facilities.
[C79, 81, §135.74]
2013 Acts, ch 30, §27; 2019 Acts, ch 24, §104; 2020 Acts, ch 1063, §60
Referred to in §135.78, 135.79
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.75 - Annual reports by hospitals, health care facilities.

135.75 Annual reports by hospitals, health care facilities.
1. Each hospital and each health care facility shall annually, after the close of its fiscal year, file all of the following with the department:
a. A balance sheet detailing the assets, liabilities and net worth of the hospital or health care facility.
b. A statement of its income and expenses.
c. Such other reports of the costs incurred in rendering services as the department may prescribe.
2. Where more than one licensed hospital or health care facility is operated by the reporting organization, the information required by this section shall be reported separately for each licensed hospital or health care facility. The department shall require preparation of specified financial reports by a certified public accountant, and may require attestation of responsible officials of the reporting hospital or health care facility that the reports submitted are to the best of their knowledge and belief prepared in accordance with the prescribed methods of reporting. The department shall have the right to inspect the books, audits and records of any hospital or health care facility as reasonably necessary to verify reports submitted pursuant to this subchapter.
3. In obtaining the reports required by this section, the department and other state agencies shall coordinate their reporting requirements.
4. All reports filed under this section, except privileged medical information, shall be open to public inspection.
[C79, 81, §135.75]
2013 Acts, ch 30, §28; 2019 Acts, ch 24, §104
Referred to in §135.78, 135.79
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.76 - Analyses and studies by department.

135.76 Analyses and studies by department.
1. The department shall from time to time undertake analyses and studies relating to hospital and health care facility costs and to the financial status of hospitals or health care facilities, or both, which are subject to the provisions of this subchapter. It shall further require the filing of information concerning the total financial needs of each individual hospital or health care facility and the resources currently or prospectively available to meet these needs, including the effect of proposals made by health systems agencies. The department shall also prepare and file such summaries and compilations or other supplementary reports based on the information filed with it as will, in its judgment, advance the purposes of this subchapter.
2. The analyses and studies required by this section shall be conducted with the objective of providing a basis for determining whether or not regulation of hospital and health care facility rates and charges by the state of Iowa is necessary to protect the health or welfare of the people of the state.
3. In conducting its analyses and studies, the department should determine whether:
a. The rates charged and costs incurred by hospitals and health care facilities are reasonably related to the services offered by those respective groups of institutions.
b. Aggregate rates of hospitals and of health care facilities are reasonably related to the aggregate costs incurred by those respective groups of institutions.
c. Rates are set equitably among all purchasers or classes of purchasers of hospital and of health care facility services.
d. The rates for particular services, supplies or materials established by hospitals and by health care facilities are reasonable. Determination of reasonableness of rates shall include consideration of a fair rate of return to proprietary hospitals and health care facilities.
4. All data gathered and compiled and all reports prepared under this section, except privileged medical information, shall be open to public inspection.
[C79, 81, §135.76]
2019 Acts, ch 24, §104
Referred to in §135.78, 135.79, 135.83
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.78 - Data to be compiled.

135.78 Data to be compiled.
The department shall compile all relevant financial and utilization data in order to have available the statistical information necessary to properly monitor hospital and health care facility charges and costs. Such data shall include necessary operating expenses, appropriate expenses incurred for rendering services to patients who cannot or do not pay, all properly incurred interest charges, and reasonable depreciation expenses based on the expected useful life of the property and equipment involved. The department shall also obtain from each hospital and health care facility a current rate schedule as well as any subsequent amendments or modifications of that schedule as it may require. In collection of the data required by this section and sections 135.74 through 135.76, the department and other state agencies shall coordinate their reporting requirements.
[C79, 81, §135.78]
2002 Acts, ch 1119, §14; 2003 Acts, ch 108, §34
Referred to in §135.79, 135.83
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.79 - Civil penalty.

135.79 Civil penalty.
Any hospital or health care facility which fails to file with the department the financial reports required by sections 135.74, 135.75, 135.76, and 135.78 is subject to a civil penalty of not to exceed five hundred dollars for each offense.
[C79, 81, §135.79]
2021 Acts, ch 80, §67
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.83 - Contracts for assistance with analyses, studies, and data.

135.83 Contracts for assistance with analyses, studies, and data.
In furtherance of the department’s responsibilities under sections 135.76 and 135.78, the director may contract with the Iowa hospital association and third-party payers, the Iowa health care facilities association and third-party payers, or leading age Iowa and third-party payers for the establishment of pilot programs dealing with prospective rate review in hospitals or health care facilities, or both. Such contract shall be subject to the approval of the executive council and shall provide for an equitable representation of health care providers, third-party payers, and health care consumers in the determination of criteria for rate review. No third-party payer shall be excluded from positive financial incentives based upon volume of gross patient revenues. No state or federal funds appropriated or available to the department shall be used for any such pilot program.
[C79, 81, §135.83]
98 Acts, ch 1100, §13; 2001 Acts, ch 74, §2; 2002 Acts, ch 1050, §16; 2013 Acts, ch 30, §29
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.100 - Definitions.

135.100 Definitions.
For the purposes of this subchapter, unless the context otherwise requires:
1. “Department” means the Iowa department of public health.
2. “Local board” means the local board of health.
87 Acts, ch 55, §1; 2019 Acts, ch 24, §104
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.101 - Childhood lead poisoning prevention program.

135.101 Childhood lead poisoning prevention program.
There is established a childhood lead poisoning prevention program within the Iowa department of public health. The department shall implement and review programs necessary to eliminate potentially dangerous toxic lead levels in children in Iowa in a year for which funds are appropriated to the department for this purpose.
87 Acts, ch 55, §2; 99 Acts, ch 141, §5
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.102 - Rules.

135.102 Rules.
The department shall adopt rules, pursuant to chapter 17A, regarding the:
1. Implementation of the grant program pursuant to section 135.103.
2. Maintenance of laboratory facilities for the childhood lead poisoning prevention program.
3. Maximum blood lead levels in children living in targeted rental dwelling units.
4. Standards and program requirements of the grant program pursuant to section 135.103.
5. Prioritization of proposed childhood lead poisoning prevention programs, based on the geographic areas known with children identified with elevated blood lead level resulting from surveys completed by the department.
6. Model regulations for lead hazard remediation to be used in instances in which a child is confirmed as lead poisoned. The department shall make the model regulations available to local boards of health and shall promote the adoption of the regulations at the local level, in cities and counties implementing lead hazard remediation programs. Nothing in this subsection shall be construed as requiring the adoption of the model regulations.
7. Implementation of a requirement that children receive a blood lead test prior to the age of six and before enrolling in any elementary school in Iowa in accordance with section 135.105D.
87 Acts, ch 55, §3; 99 Acts, ch 141, §6; 2001 Acts, ch 182, §9; 2007 Acts, ch 79, §1
Referred to in §135.105D
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.103 - Grant program.

135.103 Grant program.
The department shall implement a childhood lead poisoning prevention grant program which provides federal, state, or other funds to local boards of health or cities for the program after standards and requirements for the local program are developed. The department may also use federal, state, or other funds provided for the childhood lead poisoning prevention grant program to purchase environmental and blood testing services from a public health laboratory.
87 Acts, ch 55, §4; 91 Acts, ch 268, §307; 99 Acts, ch 141, §7; 2004 Acts, ch 1168, §2
Referred to in §135.102, 135.105
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.104 - Requirements.

135.104 Requirements.
The program by a local board of health or city receiving funding for an approved childhood lead poisoning prevention grant program shall include:
1. A public education program about lead poisoning and dangers of lead poisoning to children.
2. An effective outreach effort to ensure availability of services in the predicted geographic area.
3. A screening program for children, with emphasis on children less than six years of age.
4. Access to laboratory services for lead analysis.
5. A program of referral of identified children for assessment and treatment.
6. An environmental assessment of suspect dwelling units.
7. Surveillance to ensure correction of the identified hazardous settings.
8. A plan of intent to continue the program on a maintenance basis after the grant is discontinued.
87 Acts, ch 55, §5; 99 Acts, ch 141, §8, 9; 2002 Acts, ch 1108, §9; 2004 Acts, ch 1168, §3
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.105 - Department duties.

135.105 Department duties.
The department shall:
1. Coordinate the childhood lead poisoning prevention program with the department of natural resources, the university of Iowa poison control program, the mobile and regional child health specialty clinics, and any agency or program known for a direct interest in lead levels in the environment.
2. Survey geographic areas not included in the grant program pursuant to section 135.103 periodically to determine prioritization of such areas for future grant programs.
87 Acts, ch 55, §6; 99 Acts, ch 141, §10; 2012 Acts, ch 1023, §24
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.105B - Voluntary guidelines — health and environmental measures — confirmed cases of lead poisoning.

135.105B Voluntary guidelines — health and environmental measures — confirmed cases of lead poisoning.
1. The department may develop voluntary guidelines which may be used to develop and administer local programs to address the health and environmental needs of children who are confirmed as lead poisoned.
2. The voluntary guidelines may be based upon existing local ordinances that address the medical case management of children’s health needs and the mitigation of the environmental factors which contributed to the lead poisoning.
3. Following development of the voluntary guidelines, cities or counties may elect to utilize the guidelines in developing and administering local programs through city or county health departments on a city, county, or multicounty basis or may request that the state develop and administer the local program. However, cities and counties are not required to develop and administer local programs based upon the guidelines.
96 Acts, ch 1161, §2, 4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.105C - Renovation, remodeling, and repainting — lead hazard notification process established.

135.105C Renovation, remodeling, and repainting — lead hazard notification process established.
1. a. A person who performs renovation, remodeling, or repainting services for target housing or a child-occupied facility for compensation shall provide an approved lead hazard information pamphlet to the owner and occupant of the housing or facility prior to commencing the services. The department shall adopt rules to implement the renovation, remodeling, and repainting lead hazard notification process under this section.
b. The rules shall include but are not limited to an authorization that the lead hazard notification to parents or guardians of the children attending a child-occupied facility may be completed by posting an informational sign and a copy of the approved lead hazard information pamphlet. The rules shall also address requirements for notification of parents or guardians of the children visiting a child-occupied facility when the facility is vacant for an extended period of time.
2. For the purpose of this section and section 135.105A, unless the context otherwise requires:
a. (1) “Child-occupied facility” means a building, or portion of a building, constructed prior to 1978, that is described by all of the following:
(a) The building is visited on a regular basis by the same child, who is less than six years of age, on at least two different days within any week. For purposes of this paragraph “a”, a week is a Sunday through Saturday period.
(b) Each day’s visit by the child lasts at least three hours, and the combined annual visits total at least sixty hours.
(2) A child-occupied facility may include but is not limited to a child care center, preschool, or kindergarten classroom. A child-occupied facility also includes common areas that are routinely used by children who are less than six years of age, such as restrooms and cafeterias, and the exterior walls and adjoining space of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under the age of six years.
b. “Target housing” means housing constructed prior to 1978 with the exception of housing for the elderly or for persons with disabilities and housing that does not contain a bedroom, unless at least one child, under six years of age, resides or is expected to reside in the housing.
3. A person who violates this section is subject to a civil penalty not to exceed five thousand dollars for each offense.
97 Acts, ch 159, §6, 24; 2000 Acts, ch 1140, §22; 2001 Acts, ch 58, §4; 2009 Acts, ch 37, §2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.108 - Definitions.

135.108 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. “Department” means the Iowa department of public health.
2. “Director” means the director of public health.
3. “Domestic abuse death” means a homicide or suicide that involves or is a result of an assault as defined in section 708.1 and to which any of the following circumstances apply to the parties involved:
a. The alleged or convicted perpetrator is related to the decedent as spouse, separated spouse, or former spouse.
b. The alleged or convicted perpetrator resided with the decedent at the time of the assault that resulted in the homicide or suicide.
c. The alleged or convicted perpetrator and the decedent resided together in the past but did not reside together at the time of the assault that resulted in the homicide or suicide.
d. The alleged or convicted perpetrator and decedent are parents of the same minor child, whether they were married or lived together at any time.
e. The alleged or convicted perpetrator was in an ongoing personal relationship with the decedent.
f. The alleged or convicted perpetrator was arrested for or convicted of stalking or harassing the decedent, or an order or court-approved agreement was entered against the perpetrator under chapter 232, 236, 598, or 915 to restrict contact by the perpetrator with the decedent.
g. The decedent was related by blood or affinity to an individual who lived in the same household with or was in the workplace or proximity of the decedent, and that individual was threatened with assault by the perpetrator.
4. “Team” means the domestic abuse death review team established in section 135.109.
2000 Acts, ch 1136, §1; 2019 Acts, ch 24, §104
Referred to in §135.112
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.110 - Iowa domestic abuse death review team powers and duties.

135.110 Iowa domestic abuse death review team powers and duties.
1. The review team shall perform the following duties:
a. Prepare a biennial report for the governor, supreme court, attorney general, and the general assembly concerning the following subjects:
(1) The causes and manner of domestic abuse deaths, including an analysis of factual information obtained through review of domestic abuse death certificates and domestic abuse death data, including patient records and other pertinent confidential and public information concerning domestic abuse deaths.
(2) The contributing factors of domestic abuse deaths.
(3) Recommendations regarding the prevention of future domestic abuse deaths, including actions to be taken by communities, based on an analysis of these contributing factors.
b. Advise and consult the agencies represented on the team and other state agencies regarding program and regulatory changes that may prevent domestic abuse deaths.
c. Develop protocols for domestic abuse death investigations and team review.
2. In performing duties pursuant to subsection 1, the review team shall review the relationship between the decedent victim and the alleged or convicted perpetrator from the point where the abuse allegedly began, until the domestic abuse death occurred, and shall review all relevant documents pertaining to the relationship between the parties, including but not limited to protective orders and dissolution, custody, and support agreements and related court records, in order to ascertain whether a correlation exists between certain events in the relationship and any escalation of abuse, and whether patterns can be established regarding such events in relation to domestic abuse deaths in general. The review team shall consider such conclusions in making recommendations pursuant to subsection 1.
3. The team shall meet upon the call of the chairperson, upon the request of a state agency, or as determined by a majority of the team.
4. The team shall annually elect a chairperson and other officers as deemed necessary by the team.
5. The team may establish committees or panels to whom the team may assign some or all of the team’s responsibilities.
6. Members of the team who are currently practicing attorneys or current employees of the judicial branch of state government shall not participate in the following:
a. An investigation by the team that involves a case in which the team member is presently involved in the member’s professional capacity.
b. Development of protocols by the team for domestic abuse death investigations and team review.
c. Development of regulatory changes related to domestic abuse deaths.
2000 Acts, ch 1136, §3; 2000 Acts, ch 1232, §48; 2002 Acts, ch 1119, §131; 2006 Acts, ch 1184, §82
Referred to in §135.112
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135 - DEPARTMENT OF PUBLIC HEALTH › Section 135.111 - Confidentiality of domestic abuse death records.

135.111 Confidentiality of domestic abuse death records.
1. A person in possession or control of medical, investigative, or other information pertaining to a domestic abuse death and related incidents and events preceding the domestic abuse death, shall allow for the inspection and review of written or photographic information related to the death, whether the information is confidential or public in nature, by the department upon the request of the department and the team, to be used only in the administration and for the official duties of the team. Information and records produced under this section that are confidential under the law of this state or under federal law, or because of any legally recognized privilege, and information or records received from the confidential records, remain confidential under this section.
2. A person does not incur legal liability by reason of releasing information to the department as required under and in compliance with this section.
3. A person who releases or discloses confidential data, records, or any other type of information in violation of this section is guilty of a serious misdemeanor.
2000 Acts, ch 1136, §4
Referred to in §135.112